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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, September 27, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member JAN DEBAY 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. 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 27, 1999 — 5:00 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 Reverend Cathleen Coots of the Newport Center United Methodist Church. Presentation of $90,000 check from the Friends of the Newport Theatre Arts Center. Presentation of Certificates of Appreciation to outgoing Board/Commission Members - Paula Godfrey, 8 years, Civil Service Board; Phil Glasgow, 8 years, Parks, Beaches & Recreation Commission; and Bill Valentine, 2 years, City Arts Commission. IF YOU WISH TO ADDRESS THE COUNCIL, PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN THE BOX AT THE PODIUM. CITY COUNCIL ANNOUNCEMENTS OR 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 matters listed under CONSENT CALENDAR (1 — 29) 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 cane 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 ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 13, 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 INTRODUCTION 3. SANTIAGO DRIVE SPEED LIMIT (contd. from 9/13/99). 1) Introduce Ordinance No. 99- amending Chapter 12.24 (Special Speed Zones) of the NBMC to establish a speed limit of 30 mph on Santiago Drive between Irvine Avenue and Tustin Avenue; and 2) direct staff to proceed with the Santiago Drive Implementation Plan. ORDINANCE FOR ADOPTION 4. ORDINANCE ADDING SECTION 12.66.090 TO THE NBMC TO PROVIDE FOR AN APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE HARBOR COVE DEVELOPMENT (TRACT NO'S. 15011, 15222 & 15243). Adopt Ordinance No. 99 -24. RESOLUTIONS FOR ADOPTION 5. CURB STREET NUMBER PAINTING. Adopt Resolution No. 99 -_ establishing guidelines for painting of street addresses on curb faces. 6. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY JOINT POWERS AGREEMENT AMENDMENT NO. 4. Adopt Resolution No. 99 -_ authorizing the Mayor and the City Clerk to execute Amendment No. 4 to the First Amended and Restated Joint Exercise of Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency which adds the City of Laguna Woods as a party to the agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) PROGRAM GRANT APPLICATIONS. Adopt Resolution No. 99 -_ approving the submittal of applications to the Orange County Transportation Authority (OCTA) for the following projects: 1) MacArthur Boulevard Landscape Berm (Freeway Reservation Site) and 2) Jamboree Road/East Coast Highway Entry Landscaping (Bayview Landing Site). 8. ORANGE COUNTY TRANSPORTATION AUTHORITY REGIONAL SURFACE TRANSPORTATION PROGRAM. Adopt Resolution No. 99 approving the submittal of applications to the Orange County Transportation Authority for Regional Surface Transportation Program funding. 9. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. Rescind Resolution No. 92 -105 and adopt Resolution No. 99 -_ amending the City Fee Schedule for parking lot fees at the Balboa Pier and Corona del Mar Parking Lots. CONTRACTS AND AGREEMENTS 10. ARCHES INTERCHANGE STORM DRAINAGE IMPROVEMENTS - AMENDMENT TO COOPERATIVE AGREEMENT WITH CALTRANS (C- 2886). 1) Approve Amendment to Cooperative Agreement No. 12- 335 -A1 with Caltrans increasing reimbursement to City by $26,447; 2) authorize the Mayor and City Clerk to execute the Amendment on behalf of the City; and 3) approve a Budget Amendment (BA -015) increasing revenue to the Contributions Fund by $26,447 and appropriating the same amount to Account No. 7251- C5100199. 11. 1999 -2000 SLURRY SEAL PROJECT - AWARD OF CONTRACT (C- 3299). 1) Approve the plans and specifications; 2) award C -3299 to Pavement Coatings Company for the total bid price of $323,425 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $32,000 to cover the cost of unforeseen work; 4) authorize a budget amendment (BA -014) to transfer $30,000 from Account No. 7013- C5100019 (Street and Parking Lot Striping) to Account No. 7013- C5100462 (General Fund - Slurry Seal); and 5) authorize a budget amendment (BA -014) to transfer $75,425 from Account No. 7181 - 05100302 (Gas Tax - Street Improvements) to Account No. 7181- C5100462 (Gas Tax - Slurry Seal). 12. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE (C -3212) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; 3) authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with the California Civil Code; and 4) approve Amendment No. 3 to the Professional Services Agreement with Dokken Engineering, and authorize the Mayor and the City Clerk to execute the agreement. 13. 1999 BALBOA PIER REPAIRS - AWARD OF CONTRACT (C- 3236). 1) Approve the plans and specifications; 2) award C -3236 to John S. Meek Company, Inc. for the total bid price of $268,630 and authorize the Mayor and the City Clerk to execute the contract; 3) establish an amount of $26,000 to cover the cost of unforeseen work; 4) approve a budget amendment (BA -008) to transfer $20,000 from the Beach Replenishment Program (7231 - 05100282) to the Balboa Pier Repairs Account (7231- C5100153); and 5) approve a budget amendment (BA -008) appropriating $106,130 from the General Fund to the Balboa Pier Repairs Program. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. PROFESSIONAL SERVICES AGREEMENT FOR NEWPORT CENTER ENVIRONMENTAL IMPACT REPORT. Approve agreement with Michael Brandman Associates for preparation of an environmental impact report. 15. COST SHARING AGREEMENT WITH NEWPORT CENTER PROPERTY OWNERS. Approve in concept an agreement providing for sharing of planning and EIR costs among property owners who have initiated General Plan amendment requests; and authorize City Manager to execute. 16. AMENDMENT TO INSURANCE REQUIREMENTS OF BALBOA THEATER LEASE (C -3248) Approve amendment reducing comprehensive general liability insurance to $2,000,000. 17. MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH POLICE EMPLOYEES ASSOCIATION (PEA). Approve MOU. 18. GREEN ACRES PROJECT, RECLAIMED WATER BIG CANYON /NEWPORT BEACH COUNTRY CLUB PUMP STATIONS (C -3186) - COMPLETION AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk to file a Notice of Completion; and 3) authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 19. GREEN ACRES PROJECT LOAN AGREEMENT WITH THE BLUFFS HOMEOWNERS ASSOCIATION. 1) Approve a $145,000 Loan Agreement with the Bluffs Homeowners Association to be used for irrigation retrofit improvements related to the Green Acres Project and authorize the City Manager to execute the agreement; and 2) approve a Budget Amendment (BA -013) appropriating $145,000 from the Water Fund Reserves to fund the loan to the Bluffs Homeowners Association. MISCELLANEOUS ACTIONS 20. PLANNING COMMISSION AGENDA FOR SEPTEMBER 23, 1999 [Meeting Cancelled]. Receive and file. 21. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Confirm Mayor Pro Tem Thomson's appointment of Tony Bartolic as a District 7 member to the Environmental Quality Affairs Citizens Advisory Committee (EQAC). 22. PROPOSED REVISIONS TO COUNCIL POLICY A -2, BOARD AND COMMISSION APPOINTMENTS. Approve the proposed revisions to provide an exception to the provision restricting members from serving on more than one Board, Commission or Committee. 23. PROPOSAL FOR USE OF ADDITIONAL STATE FUNDS AND APPROVAL OF BUDGET AMENDMENT (BA -016) IN THE AMOUNT OF $39,356. Approve the new position of young Adult/Reference Librarian, to be funded by an unanticipated grant to the library from the Public Library Foundation Program of the State of California in the amount of $39,356. 24. SCHOOL RESOURCE OFFICER PROGRAM. 1) Approve the attached Memorandum of Understanding (MOU) between the City of Newport Beach and the Newport Mesa Unified SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. School District relative to the implementation and operation of a School Resource Officer Program; 2) authorize the Administrative Services Director to prepare the necessary budget amendment to reflect the additional revenue from the School District and the allocation of required funds to the Police Department budget to operate the program, depending on the actual date of implementation; and 3) authorize the purchase of one (1) fully equipped patrol vehicle and the acquisition of a second electric vehicle to facilitate the program implementation. 25. REQUEST FOR PROPOSALS (RFP) — TIDELANDS APPRAISAL. Direct staff to issue Request for Proposals. 26. BUDGET AMENDMENT (BA -009) TO INCREASE APPROPRIATIONS AND REVENUES BY $62,536.31 AS A RESULT OF A CHECK RECEIVED FROM THE FRIENDS OF THE NEWPORT THEATRE ARTS CENTER IN THE AMOUNT OF $90,000 ($27,463.60 WAS RECOGNIZED AS REVENUE IN THE PRIOR YEAR). Approve BA -009. 27. BUDGET AMENDMENT (BA -010) TO INCREASE APPROPRIATIONS AND REVENUES BY $3,975 RECEIVED FROM A GRANT FROM THE STATE OF CALIFORNIA TO BE USED FOR PROFESSIONAL SERVICES. Approve BA -010. 28. BUDGET AMENDMENT (BA -011) TO INCREASE APPROPRIATIONS AND REVENUES BY $2,000 FROM FUNDS DONATED BY THE OKAZAKI SOUTH ROTARY CLUB TO BE USED FOR LIBRARY MATERIALS. Approve BA -011. 29. BUDGET AMENDMENT (BA -012) TO INCREASE APPROPRIATIONS AND REVENUES FROM A $10,000 LIBRARY SERVICES AND TECHNOLOGY SERVICES (LSTA) GRANT FROM THE CALIFORNIA STATE LIBRARY FOR YOUNG ADULT MATERIALS AT THE CENTRAL LIBRARY. Approve BA -012. 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 &mit comments to 3- minutes. Before speaking, please state your name and address for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. PUBLIC HEARINGS 30. GENERAL PLAN AMENDMENT 99 -2(E) - REQUEST TO EXPAND THE SECOND FLOOR OFFICE AREA IN AN EXISTING BUILDING BY APPROXIMATELY 882 SQUARE FEET AND A REQUEST TO RELOCATE A SMALL SPORTS MEMORABILIA MUSEUM, KNOWN AS THE NEWPORT SPORTS COLLECTION FOUNDATION, INTO THE BOTTOM FLOOR OF THE BUILDING - REQUIRES THE APPROVAL OF A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT SINCE THERE IS NO ADDITIONAL FLOOR AREA ALLOCATED IN THIS PART OF NEWPORT CENTER AND THE APPROVAL OF A USE PERMIT TO PERMIT A SPORTS MEMORABILIA MUSEUM AS AN ACCESSORY USE TO THE PRINCIPAL OFFICE USE (100 NEWPORT CENTER DRIVE). Action: 1) Conduct public hearing; 2) Adopt Resolution No. 99 -_ for GPA 99 -2(E); and 3) Approve Directors Use Permit No. 40. 31. AMENDMENTS TO THE ZONING CODE (AMENDMENT 892) THAT RELATE TO THE DEFINITION OF TERMS, TERMS AND CROSS - REFERENCES IN THE LAND USE REGULATIONS SCHEDULES, ESTABLISHING WATERFRONT REAR YARD SETBACKS, REGULATIONS ON BAY AND GREENHOUSE WINDOWS, THE PARKING OF VEHICLES IN REQUIRED YARDS, SIGNS IN RESIDENTIAL DISTRICTS, AND THE AUTHORITY OF THE PLANNING DIRECTOR TO APPROVE OFF -SALE ALCOHOLIC BEVERAGE OUTLETS AND MASSAGE ESTABLISHMENTS. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 99 -_ and pass to second reading on October 25, 1999. CURRENT BUSINESS 32. REQUEST FOR FUNDING FROM ORANGE COUNTY AIRPORT ALLIANCE IN THE AMOUNT OF $238,234. Action: Consider request and provide direction to staff. 33. FUNDING REQUEST FROM CITIZENS FOR JOBS & THE ECONOMY (CJ &E) FOR $150,000 TO UTILIZE FOR EL TORO LOBBYING EFFORTS. Action: Consider request and provide direction to staff. 34. NOTICE TO INTERESTED AGENCIES: INTENT TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. Action: 1) Set October 25, 1999 as the date of a public hearing at which time the City Council will consider the adoption of a Resolution of Intention to Initiate Proceedings for the Reorganization of Territory; 2) Per Government Code §56800(b), direct the City Clerk to mail notice to all affected agencies of an October 25, 1999 public hearing at which time the City Council may adopt a resolution declaring the City of SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Newport Beach's intention to initiate proceedings for the reorganization of territory known as Bay Knolls, the Santa Ana Heights, and the Newport Coast and Ridge; and 3) Direct staff to return to the City Council after acting to: a) Complete the METES AND BOUNDS that describe the proposed reorganization areas; b) Prepare a PLAN OF SERVICE reflecting the draft Plan described in this staff report; c) Complete the required ENVIRONMENTAL REVIEW and PLANNING AND ZONING obligations associated with the proposed reorganization, including the: (1) Initiation, processing and approval of General Plan Amendments implementing the "Second Amendment" to the Local Coastal Plan (LCP) and other recent modifications to the Newport Coast and San Joaquin Hills Planned Communities' land use plans; (2) Initiation, processing and approval of amendments to the Zoning Code and Districting Map to conform with (cl); (3) Initiation, processing and approval of LCP amendments to modify jurisdiction, incorporate (cl) and (c2), assume Master Coastal Development Permit authority (after appropriate transition) and other appropriate modifications necessary to implement the land use plan; (4) Environmental Documentation for a General Plan Amendment, Zone Change, Local Coastal Program, Development Agreement, and impacts associated with plan for services and boundary adjustments and, if necessary, the capital improvements associated with acquiring the water and sewer infrastructure in the Newport Coast and Ridge annexation area; d) Complete any DEVELOPMENT AGREEMENT and other documents associated with the processing of development approvals in the Newport Coast and Ridge area, including: (1) Any Annexation /Development Agreement with The Irvine Company; and (2) Any Joint Powers Agreement with the County of Orange describing the processing of development permits; e) Complete the PROPERTY TAX EXCHANGE AGREEMENTS required by Revenue and Taxation Code §99 and §99.1; fj Complete any remaining Fiscal Impact Analyses of the proposed reorganization areas; g) Upon adoption of the Resolution of Intention to Initiate Proceedings, pay any applicable filing fees (in an amount not to exceed $6,500) to the Orange County Local Agency Formation Commission (LAFCO); and h) Take any other action which may be necessary to inform the public, other local agencies, any affected residents, and others about the proposed reorganization of territory. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 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.