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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Tuesday, October 24, 2000 Regular Council Meeting - 7:00 p.m. JOHN E. NOYES MAYOR GAROLD B. ADAMS NORMA J. GLOVER Mayor Pro Tem TOD W. RIDGEWAY Council Member JAN DEBAY Council Member 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 October 24, 2000 STUDY SESSION — 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 MEETIN(' ROLL CALL Pledge of Allegiance. Invocation by Chief Chaplain George R. Vogel, VA Medical Center of Long Beach. 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 (I — 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 itenns 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 ADJOURNED REGULAR AND REGULAR MEETING OF OCTOBER 10, 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. RESOLUTION FOR ADOPTION 3. REVISIONS TO RESOLUTION NO. 98 -17 REGARDING ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE. Adopt Resolution No. 2000- _ to amend the membership, rules and purpose and responsibilities of the committee. ORDINANCES FOR INTRODUCTION 4. MODIFICATION TO ADULT ENTERTAINMENT ORDINANCE. Introduce Ordinance No. 2000 - and pass to second reading on November 14, 2000. 5. AMENDMENTS TO MUNICIPAL CODE SECTION 12.56 - BICYCLES - REGISTRATION AND REGULATIONS. Introduce Ordinance 2000 -_, modifications to Chapter 12.56, and pass to second reading on November 14, 2000. ORDINANCES FOR ADOPTION 6. ORDINANCE ADDING CHAPTER 3.33 TO THE NEWPORT BEACH MUNICIPAL CODE ENACTING AN ASSESSMENT DISTRICT ALTERNATIVE PROCEDURAL CHAPTER. Adopt Ordinance No. 2000 -17 adding Chapter 3.33 to the NBMC giving the City authority to assess leased property. 7. GPA 99 -3(C), ZONING AMENDMENT NO. 902 (PC NOS. 52 AND 53), AND DEVELOPMENT AGREEMENT NO. 14: REVIEW OF A PROPOSED GENERAL PLAN AMENDMENT, PREZONING, AND DEVELOPMENT AGREEMENT NECESSARY TO PROVIDE FOR ANNEXATION OF THE NEWPORT COAST /RIDGE AREA TO THE CITY. 1) Adopt Ordinance No. 2000 -18 approving Zoning Amendment SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS No. 902 (PC Nos. 52 and 53); and 2) adopt Ordinance No. 2000 -19 approving Development Agreement No. 14. 8. MARINERS MILE STRATEGIC VISION AND DESIGN FRAMEWORK AMENDMENT NO. 906. Adopt Ordinance No. 2000 -20 (Amendment No. 906). CONTRACTS AND AGREEMENTS 9. 2ND EXTENSION TO LEASE AGREEMENT WITH AMERICAN LEGION POST 291. Authorize the Mayor to enter into a 2nd Lease Amendment that extends the current operating lease with the American Legion Post 291 for the marina and clubhouse at 215 15th Street for one additional year to March 15, 2002. 10. DESIGN OF IMPROVEMENTS FOR THE INTERSECTION OF JAMBOREE ROAD AND MACARTHUR BOULEVARD (C -3369) - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH KFM ENGINEERING. 1) Approve a Professional Services Agreement with KFM Engineering, Inc. of Foothill Ranch for professional engineering services for a contract price of $93,285; 2) authorize the transfer of $37,000 from 7251- C5100584 to 7284- C5100584 to correctly identify the funds as a component of the Measure M Combined Transportation Funding Program (BA -008); and 3) authorize a budget amendment (BA -008) to recognize an additional $23,000 available to the City from the Measure M Combined Transportation Funding Program. 11. CITY HALL ELECTRICAL AND AIR CONDITIONING UPGRADES (C -3318) - APPROVAL OF CHANGE ORDER. 1) Approve the revised plans and specification for the project; 2) approve a $20,000 change order to Bay Shore Electric to change the existing electrical panel installation from a single -phase system to a three -phase system, and install additional panels as required by the Building Department; and 3) approve a budget amendment (BA -010) to appropriate $20,000 from the unappropriated General Fund balance to Account No. 7011- C3120363 to cover the cost of the change order. 12. BALBOA BOULEVARD RECONSTRUCTION MAIN TO "G" STREET (C -3176) - 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 six months after Council acceptance. 13. POLICE DEPARTMENT MISSION CRITICAL SYSTEMS MASTER MAINTENANCE AGREEMENT. Authorize the City Manager to approve and execute the Master Maintenance Agreement between PRC Public Sector, Inc. and the Police Department for a Computer Aided Dispatch System and Records Management System (hardware and software), for a period covering March 16, 2000 through June 30, 2005. 14. MAINTENANCE DREDGING PERMIT - SAMPLING AND ANALYSIS OF HARBOR SEDIMENTS. Authorize the Mayor to approve a Professional Services Agreement with MEC Analytical Systems, Inc., Carlsbad, to complete a Sampling and Analysis of Newport Harbor Sediments in the amount of $99,710. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR OCTOBER 19, 2000. Receive and file. 16. BUDGET AMENDMENT FOR THE PURCHASE OF A NEW FILING SYSTEM. Approve BA -007 transferring $26,000 from the General Fund fund balance to the City Manager -Human Resources capital outlay account, 0320 -9000. 17. BUDGET AMENDMENT (BA -009) IN THE AMOUNT OF $50,000.60 - A DEPOSIT OF A DONATION OF $37,255 FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION AND A TRANSFER OF $12,7456.60 PREVIOUSLY RECEIVED FROM THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION THAT WAS HELD OVER FROM THE 2000 DISTINGUISHED SPEAKER LECTURE SERIES, TO BE USED FOR THE 2001 DISTINGUISHED SPEAKER LECTURE SERIES. Approve BA -009. 18. GENERAL PLAN AMENDMENT 2000 -3 - REQUEST TO INITIATE AMENDMENTS TO THE NEWPORT BEACH GENERAL PLAN AS FOLLOWS: A) 4343 VON KARMAN AVENUE (KOLL DEVELOPMENT COMPANY): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR KOLL CENTER NEWPORT OFFICE SITE BY 2,160 SQUARE FEET TO ALLOW AN EXPANSION OF THE SECOND FLOOR OF AN EXISTING BUILDING WITHIN THE TWO STORY LOBBY; AND B) ONE UPPER NEWPORT PLAZA (O HILL PARTNERS): A PROPOSAL TO INCREASE THE DEVELOPMENT ALLOCATION FOR NEWPORT PLACE BLOCKS G & H (NEWPORT PLACE PC INDUSTRIAL SITE 3A) TO ALLOW AN APPROXIMATE 440 SQ. FT. ADDITION TO AN EXISTING OFFICE BUILDING FOR A FILE STORAGE ROOM. Initiate the amendments to the General Plan as recommended by the Planning Commission. 19. GENERAL PLAN UPDATE COMMITTEE RECOMMENDATION ON AIRPORT AREA PLANNING. Direct the committee and staff to include the Airport Area in the Citywide General Plan update, and to prepare a specific plan for the Airport Area concurrently with the General Plan update. 20. 323 MARINE AVENUE (OLD BALBOA ISLAND FIRE STATION) - PROPOSED COMMUNITY CENTER - CITY PARTICIPATION. 1) Approve, in concept, the acquisition of the Property by the Society for purposes of creating a community center /museum; 2) direct staff to prepare an agreement that would obligate the City Council to contribute up to $350,000 to the Society subject to certain terms and conditions including: a) the Society has funds and /or binding pledges amounting to $650,000; b) the City Council's allocation of $350,000 in the then current budget for purposes of funding the community center /museum; c) the right of the City to ensure that the property continues to be used as a community center /museum unless the City consents to a different use; and 3) direct staff to prepare a budget amendment consistent with the funding commitment specified in Section 2. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Public Comments are invited oa 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. BALBOA PENINSULA SIGN REGULATIONS. Action: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2000 approving or modifying Amendment 907 and pass to second reading on November 14, 2000. CONTINUED BUSINESS 22. CONVERSION OF SAN JOAQUIN RESERVOIR (SJR) AND 1996 BASIC INTEGRATED RE -USE PROJECT AGREEMENT ( BIRPA) (contd. from 9126100). Action: 1) Approve, in concept, the conversion of the SJR to a reclaimed water storage facility provided that the facility is operated in a manner that reduces or eliminates any potential adverse odor or aesthetic impact on adjacent residential communities; 2) Authorize the City Manager and City Attorney to execute all documents necessary to consummate the sale of the City's ownership interests in the SJR to the Irvine Ranch Water District (IRWD) subsequent and subject to IRWD's full compliance with the California Environmental Quality Act; 3) Request Council Members Ridgeway and Debay to meet with representatives of IRWD to address and resolve any remaining issues regarding the long -term "no discharge" scenario referenced in Section 6 of BIRPA and report to the City Council; and 4) Assuming completion of the sale of the City's interest in the SJR, direct the City Manager to use the proceeds to implement provisions of BIRPA or to address issues related to reclaimed water discharges. 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