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HomeMy WebLinkAbout0 - AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, August 10, 1998 Regular Council Meeting - 7:00 p.m. THOMAS COLE EDWARDS MAYOR DENNIS O'NEIL JOHN E. NOYES Mayor Pro Tern Council Member JOHN HEDGES Council Member JAN DEBAY Council Member NORMA GLOVER Council Member TOM W. THOMSON Council Member KEVIN MURPHY - 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 (714) 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 August 10, 1998 CLOSED SESSION - 5:00 p.m. [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 Fr. David Anderson, St. James Episcopal Church. Presentation of City Arts Grants. 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 ITEMI: TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. BELL/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 - 18) 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 27, 1998. 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 S. AMENDMENT TO REVISE SECTION 20.67.035(B) OF THE NBMC TO RE -ADOPT POLITICAL SIGN REGULATIONS (AMENDMENT 874). Adopt Ordinance No. 98 -19. RESOLUTIONS FOR ADOPTION 4. VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY IN BLOCK B, TRACT 673, LOCATED EASTERLY OF HAZEL DRIVE IN CORONA DEL MAR. Adopt Resolution No. 98 -- declaring the City's intention to vacate and abandon a portion of an alley in Block B, Tract 673, located easterly of Hazel Drive, accepting a map showing the alley to be vacated, and setting September 14, 1998 as the date for the public hearing concerning the intended vacation. 5. RESOLUTION NO. 98 -_ AUTHORIZING INSTALLATION OF STOP SIGNS ON MARGUERITE AVENUE AT SECOND AVENUE AND AT FOURTH AVENUE. Adopt resolution requiring all traffic on Marguerite to stop at Second Avenue and Fourth Avenue and direct staff to install a flashing red beacon on Marguerite for southbound traffic at Fifth Avenue. CONTRACTS AND AGREEMENTS 6. 1998 -99 SLURRY SEAL - AWARD OF CONTRACT (C- 3220). Approve the plans and specifications; award C -3220 to American Asphalt Repair and Resurfacing Co., Inc. for the total price of $801,000 and authorize the Mayor and City Clerk to execute the contract; and establish an amount of $79,000 to cover the cost of materials testing and additional work. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MEMORANDUM OF UNDERSTANDING (MOU) — NEWPORT BEACH CITY EMPLOYEES ASSOCIATION. Approve the subject MOU for the period July 1, 1998 to June 30, 2001. 8. TRACT NO. 15178 (PARCEL 2 OF PARCEL MAP 136/22 -23 [ RESUBDIVISION NO. 6121, LOCATED AT 875 SAN CLEMENTE DRIVE ON THE SOUTHWESTERLY CORNER OF SAN CLEMENTE DRIVE AND SANTA BARBARA DRIVE, IN BLOCK 800 PLANNED COMMUNITY). 1) Approve an agreement for construction and maintenance of non - standard improvements within the private entry street with the Irvine Apartment Company, L.P. constructed with Tract No. 15178; authorize the Mayor and City Clerk to execute the agreement; and authorize the direct the City Clerk to have the agreement recorded with the Orange County Recorder; 2) approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 15178; 3) authorize the City Clerk to release the faithful performance bond (Bond No. 16- 51-74); and 4) authorize the City Clerk to release the labor and material surety (Bond No. 16- 51-74) in six months provided no claims have been filed. 9. LIDO GATEWAY PARK (C- 3155). Reject all bids; revise the scope of the project to combine the east and west park parcels along Newport Boulevard; consider cost saving design revisions; and continue meeting with the donor groups. 10. BACK BAY DRIVE ROADWAY AND BRIDGE REPAIR BUDGET AMENDMENT AND CHANGE ORDER FOR CONTRACT NO. 3180. Authorize the City Manager to execute Change Order No. 1 in the amount of $30,000; and authorize BA -004 to increase revenue in the Contributions Fund in the amount of $30,000 and appropriate this sum to Account No. 7251- C5100427, Back Bay Drive Roadway. MISCELLANEOUS ACTIONS 11. PLANNING COMMISSION AGENDA FOR AUGUST 6, 1998. Receive and file. 12. RESUBDIVISION NO. 1007 (A PORTION OF LOT 171, BLOCK 54 OF IRVINE'S SUBDIVISION, 2888 BAY SHORE DRIVE). Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 1007; authorize the City Clerk to release the faithful performance bond (Bond No. 3SM80718200); and authorize the City Clerk to release the labor and material bond (Bond No. 3SM80718200) in six months, provided no claims have been filed. 13. RESUBDIVISION NO. 1021 (LOTS 7 AND 8 OF TRACT NO. 443 LOCATED AT 507 — 521 ORANGE AVENUE IN THE NEWPORT HEIGHTS AREA). Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 1021; authorize the City Clerk to release the faithful performance bond (Bond No. 1926575); and authorize the City Clerk to release the labor and material bond (Bond No. 192657S) in six months, provided no claims have been filed. 14. REQUEST OF SPEEDWAY OF NEWPORT BEACH, LLC TO MODIFY AND REMOVE CONDITIONS ON ITS ALCOHOLIC BEVERAGE LICENSE; AND DISCUSSION OF PROCEDURES FOR CITY REVIEW OF MODIFICATIONS TO ALCOHOLIC BEVERAGE LICENSE CONDITIONS. Authorize the Mayor to forward a letter to the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Department of Alcoholic Beverage Control objecting to the requested modification and removal of conditions. 15. REPORT ON COUNTY LIFEGUARD FUNDING (Requested by Council Member Debay). Authorize the Mayor to direct a letter to Supervisor Wilson and other coastal cities seeking re- establishment of a County Lifeguard funding program for coastal cities. 16. PROPOSED SEAWALL ADJACENT TO 2140 E. BALBOA BOULEVARD (Robert Voit, Owner). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements, and authorization for the Mayor and City Clerk to execute the Agreement, and authorization and direction for the City Clerk to have the agreement recorded with the Orange County Recorder; 2) an Encroachment Permit issued by the Public Works Department; 3) General Services Department approval; 4) approval from all affected /adjacent property owners; 5) a Harbor Permit issued by the Fire and Marine Department; 6) a Building Permit issued by the Building Department; and 7) Coastal Commission approval. 17. RECOMMENDATION OF THE PARKS, BEACHES AND RECREATION COMMISSION RELATING TO IMUA OUTRIGGER CLUB. Authorize Imua to store its outrigger canoes (and related equipment) at North Star Beach by: 1) directing staff to work with the City Attorney to determine whether the 250 daily use limitation imposed by the NAC CUP applies to just NAC activities or to the entirety of activities at North Star Beach; 2) within 30 days, returning to the City Council with an ordinance that would amend NBMC Section 17.16.021 relating to overnight storage of vessels expressly allowing Imua to store its outrigger canoes (and related equipment) overnight at North Star Beach effective immediately; 3) directing staff to report back within 3 months on a plan that would maximize cooperative uses between Imua and NAC in terms of parking, classes, and facilities use; and 4) upon receipt of the report, direct Imua to apply for a use permit which will detail Imua's obligations, responsibilities, and term) associated with operating from North Star Beach. 18. INCOME PROPERTIES DISPOSITION (contd. from 6/22/98 & 7/27/98). Continue to August 24, 1998. 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 narne and address for the record. PUBLIC HEARINGS 19. PUBLIC HEARING TO CONSIDER MINOR AMENDMENTS TO TITLE 20 OF THE NBMC (DEFINITION OF TERMS, LAND USE CLASSIFICATIONS, LAND USE REGULATIONS, NONCONFORMING STRUCTURES, REGULATION OF SIGNS, PUBLIC NOTIFICATION REQUIREMENTS, APPEAL AND CALL FOR REVIEW PROCEDURES, AND REMOVAL OF OBSOLETE, REDUNDANT AND CONFLICTING LANGUAGE). Action: 1) Conduct public hearing; 2) Introduce Ordinance No. 98 for Amendment 874, and pass to second reading on August 24, 1998. CONTINUED BUSINESS 20. REQUEST FOR FEE WAIVERS FOR NEWPORT AQUATIC CENTER (NAC) BUILDING ADDITION (contd. from 7/13/98). Action: Receive updated report from staff on discussions with the NAC and Dover Shores representatives; reconsider the request of the NAC for a waiver of their building permit fees, building excise tax, and if appropriate direct staff to request an appeal of the NAC for their Fair Share Fee requirement in accordance with the NBMC. 21. BRECKENRIDGE GROUP (JOHN GANTES, APPLICANT) - 5180 BIRCH STREET - PROJECT INVOLVES THE APPROVAL OF AN AMENDMENT TO THE KOLL CENTER PLANNED COMMUNITY DEVELOPMENT REGULATIONS TO ALLOW ADDITIONAL RESTAURANT USES IN OFFICE SITE "G" AND TO PERMIT EATING AND DRINKING ESTABLISHMENTS THROUGHOUT THE KOLL CENTER PLANNED COMMUNITY AS PER TITLE 20 OF THE NBMC; ALSO INCLUDES CONSIDERATION OF AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT FOR THE ESTABLISHMENT OF A TAKE -OUT RESTAURANT USE AS SPECIFIED IN THE KOLL CENTER PLANNED COMMUNITY TEXT WITH A WAIVER OF A PORTION OF THE REQUIRED PARKING SPACES AND THE APPROVAL OF A TRAFFIC AND PARKING DEMAND STUDY [USE PERMIT NO. 3635, TRAFFIC STUDY NO. 116, PLANNING AMENDMENT NO. 8761. Action: Adopt Ordinance No. 98 -20. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 22. AMENDMENTS TO COUNCIL POLICY G -1. Action: Adopt amendments as recommended by the Parks, Beaches and Recreation Commission, to City Council Policy G -1. 23. APPOINTMENT BY MAYOR OF AN AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS FOR THE VACANT POSITION ON THE LIBRARY BOARD OF TRUSTEES CREATED BY THE RESIGNATION OF JAY McGOODWIN. Action: Appoint and to serve on the Ad Hoc Appointments Committee. MOTION FOR RECONSIDERATION A motion to recousider the vote on any action taken by the City Council at either this meeting or the previous vieetiag 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.