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HomeMy WebLinkAbout0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, April 12, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tem TOD W. RIDGEWAY Council Member JAN DEB" Council Member Council Member GARY ADAMS Council Member JOHN E. NOYES Council Member DENNIS DANNER - Acting 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 April 12, 1999 - 6:00 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 Pastor Tom Bazacus, Lighthouse Coastal Community Church. Proclamation recognizing April 11-17,1999 as "National Library Week ". 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. 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 (I — 26) 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 ADJOURNED REGULAR MEETING (STUDY SESSION) OF MARCH 22, 1999, AND REGULAR MEETING OF MARCH 22, 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION NO. 99 -_ ESTABLISHING NO PARKING RESTRICTIONS FOR STREET SWEEPING FROM 9:00 A.M. TO 12:30 P.M. ON MONDAYS AND TUESDAYS ON BALBOA BOULEVARD BETWEEN 13TH AND 14TH STREETS AND RESCINDING RESOLUTION NO. 98 -68. Adopt Resolution No. 99 -^ 4. RESOLUTION NO. 99 AUTHORIZING INSTALLATION OF A STOP SIGN ON 8TH STREET AT WEST BAY AVENUE. Adopt Resolution No. 99 -_ requiring all traffic on 8th Street to stop at West Bay Avenue. 5. RESOLUTION NO. 99 -_ REVISING THE HOURS OF OPERATION OF PARKING METERS ADJOINING CHURCHES ON BALBOA PENINSULA AND RESCINDING RESOLUTION NO. 94 -32. Adopt Resolution No. 99 -_. 6. RESOLUTION NO. 99 -- DECLARING THE CITY S INTENTION TO CONDUCT A PUBLIC HEARING ON APRIL 26, 1999 TO CONSIDER THE GRANTING OF A NON- EXCLUSIVE SOLID WASTE FRANCHISE TO KEVIN RAY DEMOLITION AND INTRODUCTION OF ORDINANCE NO. 99 -_ GRANTING A NON - EXCLUSIVE SOLID WASTE FRANCHISE TO KEVIN RAY DEMOLITION. Adopt Resolution No. 99- setting the public hearing for April 26, 1999; and introduce Ordinance No. 99 -_ and pass to second reading on April 26, 1999. 7. RESOLUTION NO. 99 -_ SUPPORTING THE PROPOSED FLIGHT DEMONSTRATION FOR EL TORO MCAS. Adopt Resolution No. 99 -_. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 8. RESOLUTION NO. 99 SUPPORTING INTERIM CARGO OPERATIONS AT EL TORO MCAS. Adopt Resolution No. 99 -_. 9. LEASE AGREEMENTS WITH THE LIDO ISLE COMMUNITY ASSOCIATION (LICA) FOR STREET END PARKS, MARINA AND BEACHES ON LIDO ISLE. a) Approve proposed leases with the Lido Isle Community Association, including one lease for approximately $31,500 per year and one lease where "rent" is LICA's park maintenance obligations; b) per Council Policy F -7, find that the City may enter into a lease lower than the projected rental value of an appraisal for a specified reason; and c) adopt Resolution No. 99- relating to the findings and the two lease agreements with LICA. 10. INTRODUCE ORDINANCE NO. 99 -_ AMENDING CHAPTER 12.24 (SPECIAL SPEED ZONES) OF THE NBMC TO ADD STREETS RECENTLY RELINQUISHED TO OR ANNEXED BY THE CITY OF NEWPORT BEACH. Introduce Ordinance No. 99- CONTRACTS AND AGREEMENTS 11. COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF NEWPORT BEACH FOR STREET SLURRY SEAL. Authorize the Mayor to execute a cooperative agreement between the County of Orange and the City of Newport Beach for the slurry sealing of streets by the County within the City limits. 12. BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234, 228 D & E — AWARD OF CONTRACT (C- 3249). Approve the plans and specifications; award C -3206 to E.C. Construction for the total bid price of $59,189.42 and authorize the Mayor and City Clerk to execute the contract; and establish an amount of $5,900 to cover the cost of unforeseen work. 13. BUCK GULLY/LITTLE CORONA BEACH OUTLET MODIFICATION (C -3094) — COMPLETION AND ACCEPTANCE. Accept the work; authorize the City Clerk to file a Notice of Completion; 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; authorize a budget amendment (BA -057) to appropriate $165,800.52 from the General Fund Reserve to Tide and Submerged Land Fund Account No. 7231- C5100333 and to reduce the Contributions Fund Account No. 7251- C5100333 by $534,000. 14. 1998 -99 NEWPORT PIER REPAIRS — AWARD OF CONTRACT (C- 3206). Approve the plans and specifications; award the contract to John S. Meek Company for the total bid price of $189,975 and authorize the Mayor and the City Clerk to execute the contract and establish an amount of $18,681 to cover the cost of unforeseen work; and authorize a budget amendment (BA -056) to transfer funds in the amount of $114,000 from three Tide and Submerged Land General Fund accounts to Newport/Balboa Pier Inspect/Repairs Fund Account No. 7231- C5100153. SPEAKER$ MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 15. BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G" STREET — REJECT ALL BIDS - (C- 3176). Reject all bids and direct that the project be re- advertised with modifications in the plans and specifications to provide for CDBG funds to be used for construction and a revised Alternate that will reduce the cost of the intersection treatment. MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR APRIL 8, 1999. Receive and file. 17. APPROVAL OF 301 ABALONE AVENUE — DRIVEWAY APPROACH EXTENSION (EP -99 -109). Approve the application subject to an Encroachment Permit and conditions set forth by the Public Works Department. 18. APPOINTMENT TO THE AVIATION COMMITTEE. Confirm Council Member Adams' appointment of Mike Bigi as the alternate for District 4 to the Aviation Committee. 19. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMITTEE. Confirm appointment of David Salisbury as restaurant industry representative to replace Bill Hamilton. 20. STATUS REPORT ON OIL AND GAS WELLS REHABILITATION PROGRAM. Receive and file report. 21. DONATION OF CITY PROPERTY. Approve the donation of an electronic engine analyzer to the Newport -Mesa Unified School District. 22. USE OF NEWPORT BEACH PLAYING FIELDS. Receive and file report. 23. BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION RESOLUTION AND AGREEMENT. Approve in concept the Draft Bay Island Public Service Easement and Sewer System Vacation Agreement; and concur with the action of the City Clerk for April 26, 1999 at 7:00 p.m. to consider the vacation of the Bay Island Public Service Easement and Sewer System. 24. BUDGET AMENDMENT (BA -058) TO APPROPRIATE FUNDS IN THE AMOUNT OF $1,024 RECEIVED FROM THE DEPARTMENT OF EDUCATION TO THE LIBRARY MATERIALS ACCOUNT. Approve BA -058. 25. BUDGET AMENDMENT (BA -059) TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,500 RECEIVED AS A DONATION FROM THE NEWPORT BALBOA ROTARY CLUB FOUNDATION TO SUPPLEMENT THE YOUTH TRACK AND FIELD MEET. Approve BA -059. 26. BUDGET AMENDMENT (BA -060) TO APPROPRIATE FUNDS IN THE AMOUNT OF $7,000 RECEIVED FROM SCHOCK BOATS TO SPECIAL DEPARTMENT SUPPLIES AND PROFESSIONAL & TECHNICAL SERVICES. Approve BA -060. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 27. REDSTONE PLAZA (WARE & MALCOME ARCHITECTS, APPLICANT) — 1300 DOVE STREET — REQUEST TO PERMIT A 2,350 SQUARE FOOT ADDITION TO AN EXISTING THREE STORY COMMERCIAL OFFICE BUILDING AND RELATED ON- SITE PARKING, WHICH REQUIRES THE APPROVAL OF A GENERAL PLAN AMENDMENT AND PC AMENDMENT TO INCREASE THE SQUARE FOOTAGE ENTITLEMENT IN BLOCK F OF THE NEWPORT PLACE PLANNED COMMUNITY TO REFLECT THE EXISTING DEVELOPMENT AND TO ACCOMMODATE THE CONSTRUCTION OF THE PROPOSED EXPANSION AND A MODIFICATION TO PERMIT REDUCTION OF THE PARKING REQUIREMENT RATIO FROM 1 SPACE FOR EACH 225 SQUARE FEET TO 1 SPACE FOR EACH 250 SQUARE FEET OF NET FLOOR AREA. Action: a) Conduct public hearing; b) Adopt Resolution No. 99 approving General Plan Amendment No. 98 -3(B); c) Adopt Ordinance No. 99 -7, an amendment to the Newport Place Planned Community (Planned Community Amendment No. 883); and d) Sustain the action of the Planning Commission and approve the applications related to the General Plan Amendment, subject to the findings and conditions as modified by the Planning Commission (Modification Permit No. 4884). 28. HARBOR DAY SCHOOL — 3443 PACIFIC VIEW DRIVE — REQUEST TO PERMIT THE CONSTRUCTION OF A 12,750 SQUARE FOOT GYMNASIUM BUILDING AND INTERIOR REMODEL OF THE EXISTING GYMNASIUM/MULTI- PURPOSE BUILDING TO ALLOW FOR THEATRICAL PRODUCTIONS AND VARIOUS OTHER SCHOOL FUNCTIONS IN CONJUNCTION WITH AN EXISTING SCHOOL FACILITY, WHICH REQUIRES THE APPROVAL OF A GENERAL PLAN AMENDMENT TO PERMIT ADDITIONAL DEVELOPMENT BEYOND THE CURRENT GENERAL PLAN FLOOR AREA LIMITATION OF 0.15 AND AN AMENDMENT TO USE PERMIT NO. 1546 TO PERMIT EXPANSION OF THE SCHOOL FACILITY TO ACCOMMODATE THE CONSTRUCTION OF A GYMNASIUM AND REMODEL OF THE EXISTING GYMNASR M INTO AN AUDITORIUM AND REQUEST TO EXCEED THE 32 FOOT HEIGHT LIMIT. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. Action: a) Conduct public hearing; b) Adopt Resolution No. 99 -_ approving General Plan Amendment No. 99 -1(E); and c) Sustain the action of the Planning Commission and approve the application related to the General Plan Amendment, subject to the findings and conditions as modified by the Planning Commission (Use Permit No. 1546 Amended.) 29. DAVIDSSON RESIDENCE (D & L ENGINEERING, APPLICANT) - 3000 AND 3002 BREAKERS DRIVE - AMENDMENT TO REVISE DISTRICTING MAP NO. 18 TO ESTABLISH A 5 FOOT FRONT YARD SETBACK ON BREAKERS DRIVE IN CONJUNCTION WITH THE RESUBDIVISION OF TWO PARCELS OF LAND FOR THE PURPOSE OF REORIENTING THE FRONT OF THE LOTS TO BREAKERS DRIVE AND A REQUEST FOR AN EXCEPTION TO THE SUBDIVISION CODE BECAUSE THE INTERIOR PARCEL IS LESS THAN THE REQUIRED 50 FOOT LOT WIDTH AND 5,000 SQ. FT. TOTAL AREA FOR INTERIOR LOTS, AND THE CORNER PARCEL IS LESS THAN THE REQUIRED 60 FOOT LOT WIDTH AND 6,000 SQ. FT. TOTAL AREA FOR CORNER LOTS. Action: a) Conduct public hearing; and b) Introduce Ordinance No. 99 -_ and pass to second reading on April 26, 1999. 30. CALCULATION OF RESIDENTIAL MAXIMUM FLOOR AREA LIMITS (AMENDMENT 884) - AMENDMENTS TO THE ZONING CODE TO EXEMPT BATHROOMS, CONNECTING CORRIDORS, FOYERS AND STAIRWELLS FROM THE CALCULATION OF RESIDENTIAL FLOOR AREAS. Action: a) Conduct public hearing; and b) Introduce Ordinance No. 99 -_ and pass to second reading on April 26, 1999. CURRENT BUSINESS 31. TREE REMOVAL APPEAL - 2327 ARBUTUS AVENUE. Action: a) Conduct appeal hearing; and b) Retain the City parkway tree located at 2327 Arbutus Avenue; or c) Waive the restrictions of Council Policy G -1 and grant removal based on the level of public and private damages. 32. AUTOBISTRO GROUND SIGN (3100 WEST COAST HIGHWAY) - TO DETERMINE COMPLIANCE WITH THE INTENT OF A CONDITION OF APPROVAL IMPOSED BY THE CITY COUNCIL IN RELATION TO THE HEIGHT OF A PROPOSED MONUMENT SIGN. Action: a) Approve sign as submitted; or b) Provide guidance to the applicant and staff on appropriate sign limitations to meet the intent of the condition of approval. 6 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. F."I L111 OIJAMMY SPEAKERS MUST LUMT REMARKS TO 5 MINUTES ON AGENDA ITEMS