Loading...
HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, September 13, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tern TOD W. RIDGEWAY Council Member JAN DEBAY Council Member Council Member GAROLD B. ADAMS Council Member JOHN E. NOYES Council Member HOMER BLUDAU - City Manager, ROBERT BURNHAM - City Attorney, LAVONNE HARKLESS - City Clerk, DON WEBB - Director of Public Works, SHARON Z. WOOD - Assistant City Manager/Director of Community and Economic Development. NOTICE TO THE PUBLIC If you would like to address the City Council on a scheduled agenda item, please complete the yellow SPEAKER'S CARD. The cards are available in the lobby of the Council Chambers. Please identify on the card your name, address, and the item on which you would like to speak and place it in the box at the podium when you address the Council. The SPEAKER'S CARD assists the Mayor in ensuring that all persons wishing to address the Council are recognized and your name is recorded correctly in the official records. PUBLIC HEARING: If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office. Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. Regular meetings of the City Council are held on the second and fourth Mondays of each month at 7:00 p.m. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at (949) 644 -3005. The agendas, minutes and staff reports are also available on the City's web site. The address is: http://www.city.newport - beach.ca.us/ 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 September 13, 1999 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 Greg Kelley, President of the Newport Mesa Irvine Inter -Faith Council. Presentation of $125,000 check from the Friends of the Library. Presentation of a proclamation honoring the Okazaki - Newport Beach relationship to the delegation from the Okazaki South Rotary Club. Presentation to Lifeguard Buddy G. Belshe for his 50 years of continued presence and guidance in the field of Marine Safety in Orange County and Newport Beach. Presentation by the American Red Cross to the Newport Beach Lifeguards, the City of Newport Beach and Marine Safety Lieutenant Jim Turner for the blood donated to the American Red Cross this year and in past years. IF YOU WISH TO ADDRESS THE COUNCIL. PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES 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 hatters listed under CONSENT CALENDAR (1 — 15) are c07tsidered 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 notion unless members of the Council, staff or the public request specific items to be discussed a7td /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 up07t invitation by the Mayor, state their name and Consent Calendar stem 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 AUGUST 23, 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. ORDINANCE FOR ADOPTION 3. ORDINANCE ADDING CHAPTER 13.20 TO THE NBMC PERTAINING TO OBSTRUCTIONS ON PUBLIC PROPERTY. Adopt Ordinance No. 99 -23. CONTRACTS AND AGREEMENTS 4. 1999 -2000 SIDEWALK, CURB AND GUTTER REPLACEMENT — AWARD OF CONTRACT (C- 3286). Approve the plans and specifications; award the contract to Ranco Corporation for the total bid amount of $81,552.25, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $8,000 to cover the cost of unforeseen work. 5. ACCEPTANCE OF TRACT NO'S. 15011, 15222 & 15243 AND LOT F IN TRACT NO. 15222 (HARBOR COVE TRACT). Accept the Offer of Dedication of the open space parcel, Lot F, Tract No. 15222 in the Harbor Cove Development and authorize the City Manager and City Clerk to execute the Offer of Dedication, and direct the City Clerk to have the Offer of Dedication recorded with the Orange County Recorder; adopt Resolution No. 99 -_ accepting the dedication of Lot F of Tract No. 15222, and direct the City Clerk to have the Resolution recorded with the Orange County Recorder after the Offer of Dedication has been recorded; approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No's. 15011, 15222 & 15243; authorize the City Clerk to release the faithful performance bonds for Tract No's. 15011, 15222 & 15243; authorize the City Clerk to release the labor and material bonds for Tract No's 15011, 15222 & 15243 in six months provided no claims have been filed; approve an Encroachment Agreement with the Harbor Cove Community Association for the construction of non- standard street improvements, authorize the Mayor and the City Clerk to execute the Agreement, and authorize and direct the City Clerk to have the Agreement recorded with the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Orange County Recorder; and introduce Ordinance No. 99 -_ providing for enforcement of the California Vehicle Code on the roads within the Harbor Cove Development. 6. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE BAYSIDE DRIVE PUBLIC RIGHT -OF- WAY ADJACENT TO 319 CARNATION AVENUE, CORONA DEL MAR (EP99 -353). Approve the application subject to: 1) Execution of an Encroachment Agreement for non- standard improvements: authorize the Mayor and the City Clerk to execute the Agreement; and authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; 2) An Encroachment Permit issued by the Public Works Department; 3) a Building Permit issued by the Building Department; and 4) the Building Department, General Services Department and Public Works Department shall approve all improvements. ENCROACHMENT AGREEMENTS FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN BOULEVARD PUBLIC RIGHT - OF -WAY ADJACENT TO 3601 AND 3611 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -348). Approve the application subject to: 1) Execution of Encroachment Agreements for non - standard improvements: authorize the Mayor and City Clerk to execute the agreements; and authorize and direct the City Clerk to have the agreements recorded with the Orange County Recorder; 2) Encroachment Permits issued by the Public Works Department; 3) Building Permits issued by the Building Department; and 4) the Building Department, Fire Department, General Services Department, and Public Works Department shall approve the plans and construction of improvements. 8. AMENDMENT TO THE JOHN WAYNE AIRPORT (JWA) SETTLEMENT AGREEMENT APPROVING AN INCREASE IN LEASEABLE SPACE. Approve the request to increase leaseable space at JWA; and direct the Mayor to execute the Fourth Supplemental Stipulation modifying the JWA Settlement Agreement. 9. CONTRACT FOR NEWPORT CENTER PLANNING PROJECT MANAGEMENT (C- 3304). Approve a professional services agreement with Hogle- Ireland, Inc. for professional project management and planning services. MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR SEPTEMBER 9, 1999. Receive and file. 11. CONCLUSION OF THE 1999 WEED ABATEMENT PROGRAM. Remove the second public hearing for weed abatement assessment from the October 25, 1999, Council meeting agenda; and remove the adoption of a resolution confirming weed abatement costs from the October 25, 1999, Council meeting agenda. 12. BUDGET AMENDMENT (BA -007) TO ACCEPT DONATION IN THE AMOUNT OF $125,000 FROM THE FRIENDS OF THE LIBRARY TO THE NEWPORT BEACH PUBLIC LIBRARY. Approve budget amendment. 13. NOMINATION FROM ECONOMIC DEVELOPMENT COMMITTEE (EDC) TO FILL EDC VACANCIES. Appoint Mark Murrel as Mariners Mile representative, Ron Baers as member at large, and reassign Steve Sutherland as member at large to fill vacancies on the Economic Development Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 14. APPOINTMENTS TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Council Member Adams' appointment of Jennifer Winn as a District 4 member and Council Member Ridgeway's appointments of Louis Von Dyl and Elaine Linhoff as District 1 members to the Environmental Quality Affairs Citizens Advisory Committee. 15. PROPOSED CITY COUNCIL POLICY I -27 (PARKS, BEACHES & RECREATION COMMISSION AUTHORITY, PUBLIC NOTICE REQUIREMENTS AND APPEAL PROCEDURES). Approve proposed Council Policy I -27. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 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. STATUS REPORT ON DEVELOPMENT AGREEMENT NO. 6 (THE IRVINE COMPANY, CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT [CIOSA]) (contd. from 7/12/99 & 8/9/99). Action: a) Conduct hearing; and b) Determine compliance, modify or terminate Development Agreement No. 6. 17. APPEAL BY THE NEWPORT BEACH BREWING COMPANY OF THE PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO USE PERMIT NO. 3485 TO ALLOW A CHANGE IN ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE TYPE TO ALLOW FULL ALCOHOLIC BEVERAGE SERVICE. Action: a) Conduct appeal hearing; and b) Affirm or reverse the Planning Commission's denial of amended Use Permit No. 3485. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 18. VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY BOUNDED BY GRAND CANAL, BALBOA AVENUE, ABALONE AVENUE AND PARK AVENUE (LITTLE BALBOA ISLAND). Action: a) Conduct public hearing; and b) Adopt Resolution No. 99-_ ordering the vacation and abandonment of a 2.5 -foot wide strip of right -of -way on both sides of a 25 -foot wide alley on Little Balboa Island. 19. AMENDMENT TO THE CIRCULATION ELEMENT OF THE NEWPORT BEACH GENERAL PLAN TO RECLASSIFY THE SEGMENT OF SANTIAGO DRIVE BETWEEN IRVINE AVENUE AND TUSTIN AVENUE AS A COMMUTER ROADWAY ON THE MASTER PLAN OF STREETS AND HIGHWAYS [GPA 98- 3(D)]. Action: a) Conduct public hearing; and b) Adopt Resolution No. 99-_ adopting General Plan Amendment 95 -3(D). 20. PLANNING COMMISSIONS RECOMMENDATIONS REGARDING PUBLIC INPUT ON NEWPORT CENTER PLANNING (contd. from 8/09/99 & 8/23/99). Action: Discuss recommendations to be made on Thursday, September 9, 1999 by the subcommittee of the Planning Commission [Report to be distributed on 9/10/99]. CURRENT BUSINESS 21. ORDINANCE AMENDING CHAPTER 12.24 (SPECIAL SPEED ZONES) OF THE NBMC TO ESTABLISH A SPEED LIMIT OF 30 MILES PER HOUR ON SANTIAGO DRIVE BETWEEN IRVINE AVENUE AND TUSTIN AVENUE. Action: Introduce Ordinance No. 99 and pass to second reading on September 27, 1999. 22. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION AND APPOINTMENT BY MAYOR OF AN AD HOC APPOINTMENTS COMMITTEE. Action: a) Accept the resignation of Pat Brubaker from the Arts Commission effective immediately (term expires June 30, 2001); b) Direct the City Clerk to advertise the vacancy pursuant to Council Policy A -2; and C) Appoint and to serve on the Ad Hoc Appointments Committee, 23. REVIEW OF AUTOMOBILE SALES TAX INCENTIVE PROGRAM AND REQUEST FROM JAGUAR FOR CITY FINANCIAL ASSISTANCE IN PROVIDING A NEWPORT BEACH DEALERSHIP. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: a) Adopt Resolution No. 99- adding a provision limiting the time in which applications may be filed to the existing incentive program; and b) Direct staff to prepare a Sales Tax Increment Reimbursement Agreement with Jaguar that provides for reimbursement not to exceed $112,000; OR Direct staff to prepare a Sales Tax Increment Reimbursement Agreement with Jaguar that provides for reimbursement in another amount; OR Decline to provide assistance to Jaguar. MOTION FOR RECONSIDERATION A inotion to reconsider the vote on any action taken by the City Council at either this meeting or the previous ineeting may be made only by one of the Council members who voted with the prevailing side. ADJOURNMENT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.