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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, January 25, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tem Council Member TOD W. RIDGEWAY Council Member JAN DEBAY Council Member DENNIS D. O'NEIL Council Member TOM W. THOMSON 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 Tuesdays 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 January 25, 2000 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 Reverend Lloyd H. Sellers, Chaplain, Hoag Memorial Hospital, Presbyterian. Presentation - Balboa Theater. 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 (NO 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 — 20) 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 JANUARY 11, 2000. 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. RESOLUTIONS FOR ADOPTION 3. FECAL COLIFORM TMDL & AND HEALTH RISK ASSESSMENT. Adopt Resolution No. 2000 -_ relating to the application of the total maximum daily load (TMDL) for fecal coliform for Newport Bay. 4. RESOLUTION IN SUPPORT OF PROPOSITIONS 12 AND 13 ON THE MARCH 7, 2000 PRIMARY ELECTION BALLOT. Adopt Resolution No. 2000 -_ relating to the City of Newport Beach's support for Propositions 12 and 13 on the March 7, 2000 Primary Election Ballot. 5. RESOLUTIONS REGARDING THE APPOINTMENT OF OFFICERS TO THE AVIATION COMMITTEE, HARBOR QUALITY CITIZENS ADVISORY COMMITTEE AND THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND CONFIRMATION OF MAYOR'S APPOINTMENTS. 1) Adopt Resolution No. 2000 -_ amending Resolution No. 98 -15 pertaining to the appointment of officers to the Aviation Committee and confirmation of Mayor Noyes' appointment of Council Member Glover as Chairperson and Mayor Pro Tem Adams as Vice Chairperson; 2) adopt Resolution No. 2000 -_ amending Resolution No. 99 -45 pertaining to the appointment of officers to the Harbor Quality Citizens Advisory Committee and confirmation of Mayor Noyes' appointment of Council Member Ridgeway as Chairperson and Council Member Glover as Vice Chairperson; and 3) adopt Resolution No. 2000 - amending Resolution No. 98 -17 pertaining to the appointment of officers to the Environmental Quality Affairs Citizens Advisory Committee. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 6. ADJUSTMENT IN THE SALARY SCHEDULE FOR SEASONAL LIFEGUARDS. Adopt Resolution No. 2000 -_ authorizing a 10% increase adjustment in the City's Compensation Plan for the classifications of Lifeguard 1, Lifeguard 2 and Lifeguard 3, effective March 1, 2000, and approve budget amendment (BA -033) transferring $32,000 from General Fund reserves. RESOLUTION UPDATING THE LIST OF DESIGNATED EMPLOYEES FOR 2000 UNDER THE CITY'S CONFLICT OF INTEREST CODE. Adopt Resolution No. 2000- _ adopting the 2000 Designated Employees List. 8. PROPOSED AMENDMENTS TO SECTION 6.040.090 OF THE NBMC (GARBAGE AND REFUSE CONTAINER REQUIREMENTS). Re- introduce Ordinance No. 2000 -1 and pass to second reading on February 8, 2000. ORDINANCES FOR ADOPTION 9. CALCULATION OF RESIDENTIAL MAXIMUM FLOOR AREA LIMITS (PLANNING COMMISSION AMENDMENT 895) - AN AMENDMENT TO SECTION 20.10.030 (PROPERTY DEVELOPMENT REGULATION M), SECTION 20.10.040 (B -2), AND SECTION 20.41.060 (PROPERTY DEVELOPMENT REGULATION I) OF THE ZONING CODE TO PARTIALLY EXEMPT ELEVATOR SHAFTS AND SIMILAR VERTICAL SHAFTS FROM THE CALCULATION OF RESIDENTIAL FLOOR AREAS. Adopt Ordinance No. 2000 -2. 10. EXTENDED STAY AMERICA, 4881 BIRCH STREET - REQUEST FOR A GENERAL PLAN AMENDMENT, PC AMENDMENT, USE PERMIT AND A TRAFFIC STUDY TO ALLOW THE CONSTRUCTION OF A 164 ROOM EXTENDED STAY HOTEL. Adopt Ordinance No. 2000 -3. CONTRACTS AND AGREEMENTS 11. NEWPORT THEATRE ARTS CENTER ADDITION (C -3225) - 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 Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 6 months after Council acceptance. 12. 1999 BALBOA PIER REPAIR (C -3236) - 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 Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and 4) release the Faithful Performance Bond 6 months after Council acceptance. 13. BALBOA ISLAND PEDESTRIAN BRIDGES (C- 3295). 1) Approve an amendment to the professional services agreement with Dokken Engineering; and 2) authorize the Mayor and the City Clerk to execute the agreement. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 14. AMENDMENT TO THE GREEN ACRES PROJECT LOAN AGREEMENT WITH THE BLUFFS HOMEOWNERS ASSOCIATION. 1) Accept a $100,000 lump sum pre - payment from the Bluffs Homeowners Association; and 2) approve an amendment to the loan agreement stipulating a five -year payment schedule for the remaining $45,000 and authorize the City Manager to execute the amendment. 15. CONSULTANT AGREEMENT AMENDMENT FOR THE NEWPORT DUNES RESORT ENVIRONMENTAL IMPACT REPORT. Approve the amendment to the professional services agreement with LSA Associates for the preparation of an environmental impact report for the Newport Dunes Resort project. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR JANUARY 20, 2000. Receive and file. 17. BUDGET AMENDMENT (BA -029) TO TRANSFER $6,000 FROM THE REIBER TRUST ACCOUNT 800 -2247, FUNDS GIVEN AS A BEQUEST FOR THE SOLE PURPOSE OF PROMOTING CHILDREN'S SERVICES AT THE BALBOA BRANCH LIBRARY, TO REVENUE ACCOUNT 4010 -5901. Approve BA -029. 18. BUDGET AMENDMENT (BA -030) TO APPROPRIATE A DONATION ($10,115) FROM THE CA LITERACY CAMPAIGN. Approve BA -030. 19. BUDGET AMENDMENT (BA -031) TO APPROPRIATE A DONATION ($3,465) FROM THE CALIFORNIA STATE LIBRARY TO REIMBURSE A LIBRARY EMPLOYEE FOR TUITION AND ACADEMIC LIBRARY COURSES. Approve BA -031. 20. BUDGET AMENDMENT (BA -032) TO TRANSFER $25,557 FROM THE LIBRARY LIABILITY ACCOUNT 800 -2248, DONATIONS GIVEN TO THE LIBRARY, TO REVENUE ACCOUNT 4010 -5901. Approve BA -032. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 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 21. AMENDMENT TO FRONT YARD SETBACKS ON ALVARADO PLACE (PLANNING COMMISSION AMENDMENT NO. 896) - AN AMENDMENT TO DISTRICTING MAP NO. 11 TO ESTABLISH AN 8 FOOT FRONT YARD SETBACK ON ALVARADO PLACE AND DELETE THE ESTABLISHED 8 FOOT FRONT YARD SETBACK ON EAST BAY AVENUE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT 301 ALVARADO PLACE. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2000 -_ for Amendment 896 and pass to second reading on February 8, 2000. 22. 407 BOLSA AVENUE (APPLICANTS - VANCE COLLINS AND IAN FETTES) - A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION FROM RETAIL AND SERVICE COMMERCIAL TO TWO- FAMILY RESIDENTIAL TO ALLOW FOR THE CONSTRUCTION OF ATTACHED TWO- FAMILY RESIDENTIAL SUBDIVISION. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 2000 - approving General Plan Amendment No. 91 -2; 3) Introduce Ordinance No. 2000 -_ regarding Amendment No. 897; and 4) Sustain the action of the Planning Commission and approve the applications related to the amendments, subject to the Findings, Conditions, as modified by the Planning Commission: Use Permit No. 3668, Variance No. 1235, and Tentative Tract Map No. 15981. 23. COMMUNITY DEVELOPMENT BLOCK GRANT 1998 -1999 REVIEW OF ANNUAL REPORT, INITIATION OF 2000 -2001 GRANT APPLICATION AND 2000 -2005 FIVE YEAR CONSOLIDATED PLAN. Action: 1) Conduct public hearing to receive comments on the 1998 -1999 Annual Performance Report, the 2000 -2001 CDBG Application with One Year Action Plan and the 2000 -2005 Five Year Consolidated Plan; and 2) Provide direction on the 2000 -2005 CDBG Five Year Consolidated Plan, and direct staff to prepare the draft 2000 -2001 CDBG Application with One Year Action Plan for City Council review and approval at a public hearing tentatively scheduled for March 14, 2000. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. CONTINUED BUSINESS 24. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION. Action: 1) Approve the extension of the term to June 30, 2004 (one full term plus the remaining balance of the unexpired term); and 2) Appoint one of the two nominees (Steven Kiser or Earl McDaniel) to fill the vacancy on the Planning Commission. CURRENT BUSINESS 25. UNSCHEDULED VACANCY ON THE PARKS, BEACHES AND RECREATION COMMISSION, EXTENSION OF THE TERM AND APPOINTMENT BY THE MAYOR OF AN AD -HOC APPOINTMENTS COMMITTEE. Action: 1) Accept the resignation of Robin Sinclair from the Parks, Beaches and Recreation Commission effective immediately (term expires June 30, 2000); 2) Approve extending the term of the appointment to June 30, 2004; and 3) Appoint and to serve on the Ad Hoc Appointments Committee. 26. BONITA CANYON SPORTS PARK STATUS REPORT. Action: 1) Receive and file report; and 2) Provide staff direction as required. 27. FINAL REPORT OF THE POLICIES ON RESORT TAXATION (PORT) COMMITTEE. Action: 1) Direct staff to return to the City Council with amendments to the City's UTOT and VSF ordinances that reflect the PORT Committee's recommendations; and 2) Set January 31, 2000 as the termination date for the PORT Committee. MOTION FOR RECONSIDERATION ADJOURNMENT 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. 0 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.