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Home My WebLink About0 - Regular Agenda - 08-09-1999CITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, August 9.1999 DENN D. 'NEI r MAYOR �re�aYda �Y P� +.sa sx 6m;g gf ti.WF�- ? Ysw' 1 6 PMe i 4.ea >, " x "� m ry ffina ,,,a n�kgff If you would lilce to address the "City °Council on a scheduled'agPndo iteta pleasezcoidplete the yellow SP R'S CARDTle cards are available m the lobby of the Council Chaulbersk Please ideatify`on theacrdybttgWname, address, an'd,the itei %n which you w6 ul3I a to'speak and pplace�t rn Ehe box at thenpadium when you aildiess the Council Ttie SPEABER'S CARD assists the Mayor m ensurin(, a persons wishing to address cil are recognized and your name is recorded correctly ui the official records �_. � PUBLIC HEARING: If in the future; you wish to challenge °1n court any ofytl�e riiatters on this agenda far which a public hearing is to lie, conduc�ted,'you may be•limited to rai.9ingti�nly Pose i §sues whkh -y,�qu (or someone else) raised orally at the pubhe h anng orin wntten correspondence received by they City at o befi)re the hea,". '" IMIN Pad vt a This agenda was prepared y�the City'Clerk aqd staff reports, are available`at %he City Clerk ®ffice. S taff reports or other written docume"&" iln)have been =prepared or or inized nth kespect to each usiness listed on the agenda. Regular meetings of t}ie�C t auncil 'aie held on'tltg,,secondwand fourth Mg)a s of each month at 7:00 p.m. If you have any questions or re qut pp as of any of the staff reports or other pcumentation regarding any item of business on the agenda, please cantaci,ti�+(Yerk,ataff at (949 �' f wihagendas, minutes and staff reports are also available an the City's web site. `The $fie$ �s �t tp 1/ w.citytinewporbbeach.ca.iist It is the intention of the City of Newport Beach to comply with the Americans With Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact LaVonne Harkless, City Clerk, at least 48 hours prior to the meeting to inform us of your particular needs And to determine if accommodation is feasible. — NEWPORT BEACH CITY COUNCIL AGENDA August 9, 1£199 STUDY SESSION - 4:00 p.m. [Refer to separate agenda] CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (If applicable) RECESS RECONVENE AT 7.00 P.M. FOR REGULAR MEETING ROLL CALL Pledge of Allegiance. Invocation by Bishop Mike Browning, Newport Beach Stake - Church of Jesus Christ of Latter -Day Saints. Groundwater Replenishment System Presentation by William R. Mills, General Manager, Orange County Water District. IF YOU WISH TO ADDRESS THE COUNCIL PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 D&INUTES ON AGENDA ITEMS RED LIGHT WILL SIGNIFY WHEN 5 MINUTES ARE UP; YELLOW LIGHT MEANS SPEAKER HAS 1 MINUTE FOR SUMMATION. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under CONSENT CALENDAR (I -- 15) are considered by the Council to be routine and will all be enacted by one motion, in the form listed below. The City Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes on the motion unless members of the Council, staff or the public request specific items to be discussed and /or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Mayor, state their name and Consent Calendar Item number, and place the sign -in card in the box provided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF JULY 26, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTION FOR ADOPTION 3. DNA STUDY OF CONTAMINANTS TO NEWPORT BAY — APPROVAL OF PRELIMINARY SCOPE OF WORK AND AUTHORIZATION TO APPROVE CONTRACT. a) Approve, in concept, proposed Scope of Work for DNA Study; and b) adopt Resolution No. 99 -_ authorizing the Mayor to approve a future contract with the California Regional Water Quality Control Board (Santa Ana Region) for a DNA study of contaminants to Newport Bay based on the approved Scope of Work. ORDINANCES FOR INTRODUCTION 4. ORDINANCE ADDING CHAPTER 13.20 TO THE NBMC PERTAINING TO OBSTRUCTIONS ON PUBLIC PROPERTY. Introduce Ordinance No. 99-_ and pass to second reading on August 23, 1999. 5. ORDINANCE AMENDING CHAPTER 5.50 OF THE NBMC PERTAINING TO MASSAGE ESTABLISHMENTS. Introduce Ordinance No. 99 -_ and pass to second reading on August 23, 1999. 6. ORDINANCE ADDING CHAPTER 1.55 TO THE NBMC PERTAINING TO UPPER NEWPORT BAY RECREATION AND SCENIC TRAIL. Introduce Ordinance No. 99 -_ and pass to second reading on August 23, 1999. ORDINANCES FOR ADOPTION ALARM ORDINANCE CHANGES AND ASSOCIATED FEES. Adopt Ordinance No. 99 -19 amending Chapter 5.48 (Telephonic Alarm System) and Chapter 5.49 (Burglary - Robbery -Fire Alarm Systems) of the NBMC. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. BALBOA BAY CLUB, 1221 WEST COAST HIGHWAY - AN AMENDMENT TO CHANGE THE DEVELOPMENT LIMITATIONS OF THE EXISTING PLANNED COMMUNITY DISTRICT REGULATIONS TO CORRECT AN ERROR IN THE ORIGINAL CALCULATION OF THE BUILDING SIZE ASSOCIATED WITH THE PREVIOUS APPROVAL, AS WELL AS TO ALLOW AN INCREASE IN THE SIZE OF THE HOTEL FACILITY TO PROVIDE ADEQUATE BUILDING SUPPORT AREAS, ATHLETIC FACILITIES, AND MEETING SPACE. ALSO INCLUDED IN THE AMENDMENT ARE PROVISIONS TO ALLOW THE HEIGHT OF THE BUILDING TO BE MEASURED FROM THE AVERAGE GRADE OF THE SITE, AND TO ALLOW THE PLANNING COMMISSION TO APPROVE ARCHITECTURAL FEATURES WHICH EXCEED THE BASIC HEIGHT LIMIT. Adopt Ordinance No. 99 -20 approving amendments to the Planned Community District Regulations for the Balboa Bay Club. CONTRACTS AND AGREEMENTS 9. LIUNA PENSION FUND. Approve City Key and Management employees participation in the LIUNA Pension Plan; authorize the Mayor to sign the Amendment to the MOU with the City Employees Association (CEA); and authorize the City Manager to sign the Standard Form Participation Agreement and other documents required to implement the City's participation in the LIUNA Pension Fund for CEA employees and Key and Management personnel. 10. AGREEMENT FOR PROFESSIONAL SERVICES. Authorize the City Manager to sign Professional Consulting Agreement with Peggy Ducey to serve as Executive Director of the Orange County Regional Airport Authority (OCRAA). MISCELLANEOUS ACTIONS 11. PLANNING COMMISSION AGENDA FOR AUGUST 5, 1999. Receive and file. 12. CITY S RESPONSE TO ORANGE COUNTY GRAND JURY S REPORT ENTITLED COASTAL WATER QUALITY AND URBAN RUNOFF IN ORANGE COUNTY. Authorize the Mayor to sign letter responding to the Orange County Grand Jury's report. 13. MITIGATED NEGATIVE DECLARATION FOR DAHLIA/FERNLEAF SLOPE REPAIR (C- 3157). Adopt the Mitigated Negative Declaration for Dahlia/Fernleaf Slope Repair. 14. PUBLIC INPUT ON LONG RANGE PLANNING FOR NEWPORT CENTER. Authorize staff to contract for survey work. 15. SALE OF CITY -OWNED PROPERTY - 204 44TH STREET. Authorize the sale of City - owned property at 204 44h Street for $430,000. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Council -- Speakers must limit comments to 3- minutes. Before speaking, please state your name and address for the record. PUBLIC HEARINGS 16. 1999 WEED ABATEMENT PROGRAM. Action: a) Conduct public hearing to consider objections of any property owners whose property is subject to cleaning by the City appointed contractor; b) Adopt Resolution No. 99- — ordering the Fire and Marine Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways, and private property within the City; and C) Schedule a public hearing on October 25, 1999, to confirm assessments against those properties cleaned by the City. 17. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT [CIOSA] (contd. from 7/12/99). Action: a) Conduct hearing; and b) Determine compliance, modify or terminate Development Agreement No. 6. 18. BLOCKBUSTER VIDEO SIGN (MARK FRANK, CONTACT PERSON), 3007 EAST COAST HIGHWAY – REQUEST TO PERMIT THE INSTALLATION OF A ROOF SIGN ON A NEW PARAPET WALL WHERE: THE CODE LIMITS ROOF SIGNS TO BUSINESS LOCATIONS THAT PRECLUDE THE EFFECTIVE USE OF A POLE SIGN, GROUND SIGN OR PROJECTING SIGN. Action: a) Conduct public hearing; and b) Sustain the action of the Planning Commission and uphold, modify the action of the Commission, or deny Modification No. 4879. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 19. JIFFY LUBE OF NEWPORT BEACH (ARTHUR BAHAR, ARCHITECT), 1520 WEST COAST HIGHWAY — REQUEST TO PERMIT THE CONSTRUCTION OF AN AUTOMOBILE MAINTENANCE FACILITY WHICH SPECIALIZES IN OIL AND FILTER CHANGES AND CHASSIS LUBRICATION ONLY AND A REQUEST TO WAIVE SIXTEEN OF THE REQUIRED PARKING SPACES. Action: a) Conduct public hearing; and b) Sustain the action of the Planning Commission and approve, modify the action of the Commission, or deny Use Permit No. 3647. CURRENT BUSINESS 20. APPEAL OF THE DENIAL OF AN ENCROACHMENT PERMIT FOR THE CONSTRUCTION OF A CURB CUT ADJACENT TO 510 AND 516 EL MODENA AVENUE IN THE NEWPORT HEIGHTS AREA. Action: a) Deny the appeal for an Encroachment Permit to allow construction of a curb cut in El Modena Avenue at 510 & 516 El Modena Avenue; OR b) Approve curb cut in El Modena Avenue to be constructed in conformance with City driveway standards. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting ,nay be made only by one of the Council members who voted with the prevailing side. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS