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Home My WebLink About0 - Regular Meeting AgendaCITY COUNCIL AGENDA CITY OF NEWPORT BEACH COUNCIL CHAMBERS - 3300 NEWPORT BLVD. Monday, October 25, 1999 Regular Council Meeting - 7:00 p.m. DENNIS D. O'NEIL MAYOR TOM W. THOMSON NORMA J. GLOVER Mayor Pro Tern 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 of 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.usl 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 25, 1999 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 Pastor Warren Olson, Mariners Church. Recognition of Edward Karagozian as the recipient of the 1999 Jeffrey Stern Community Preparedness Award. Presentation of the Certificate of Achievement for Excellence in Financial Reporting for the City's 1997 -98 Comprehensive Annual Financial Report to the City of Newport Beach and an Award of Financial Reporting Achievement from the Government Finance Officers Association (GFOA) of the United States and Canada to Dick Kurth, Deputy Administrative Services Director. 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- 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 — 22) 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 ou each of the items recommending an action. There will be no separate discussion of these items prior to the time the Council votes ou 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 boxprovided at thepodium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 18, 1999, ADJOURNED REGULAR AND REGULAR MEETING OF SEPTEMBER 27, 1999 AND THE SPECIAL MEETING OF OCTOBER 4, 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 ADOPTION 3. SANTIAGO DRIVE SPEED LIMIT (contd. from 9/13/99). Adopt Ordinance No. 99 -25 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 direct staff to proceed with the expanded Santiago Drive implementation plan. 4. 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. Adopt Ordinance No. 99 -26. CONTRACTS AND AGREEMENTS 5. MULTI -YEAR MEMORANDUM OF UNDERSTANDING (MOU) WITH THE NEWPORT BEACH FIRE MANAGEMENT ASSOCIATION (FMA). Approve MOU. 6. AIRBORNE LAW ENFORCEMENT (ABLE) JOINT POWERS AGREEMENT REVISION (C- 3011). Approve the revised Joint Powers Agreement (JPA) between the Cities of Newport Beach and Costa Mesa continuing the existing ABLE program. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7.� NEWPORT BOULEVARD (SR55) /PACIFIC COAST HIGHWAY (SR1) "ARCHES" INTERCHANGE IMPROVEMENTS (C -2886) — COMPLETION AND ACCEPTANCE. 1) Accept the work and approve the As -Built plans and specifications; 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 sections of the Civil Code. S. GRANT HOWALD AND LINCOLN ATHLETIC CENTER BALLFIELD LIGHTING (C -3283) — 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 applicable portions of the Code; 4) authorize staff to retain the contractor to change additional lights for Lincoln Athletic Center Field No. 1; and 5) authorize a budget amendment (BA -021) to transfer Park - In-Lieu funds in the amount of $30,000 from Account No. 7021- C5100372 to Account No. 7021- C4120431. 9. JAMBOREE ROAD/EASTBLUFF DRIVE INTERSECTION IMPROVEMENTS — PROFESSIONAL SERVICES AGREEMENT WITH DIAZ - YOURMAN AND ASSOCIATES (GEOTECHNICAL) AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. (C- 3202). 1) Approve Professional Services Agreement with Diaz - Yourman and Associates Geotechnical Services for geotechnical testing; 2) approve Amendment No. 1 to Professional Services Agreement with Tetra Tech, Inc. for additional design services; and 3) approve a budget amendment (BA -020) appropriating $9,100 to Account No. 7181- C5200421, Jamboree/Eastbluff Improvements from Account No. 7181- C5100070, EIR/Preliminary Plans. 10. AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS AT 3619 OCEAN BOULEVARD (ENCROACHMENT PERMIT NO. 99 -257). Approve an agreement guaranteeing completion of the public improvements required with Variance No. 1223 and authorize the Mayor and the City Clerk to execute the agreement. 11. APPROVAL OF CONSULTANT AGREEMENTS FOR TRAFFIC ENGINEERING SERVICES IN CONJUNCTION WITH THE NEWPORT CENTER PROJECT. 1) Approve a Professional Services Agreement with Austin -Foust Associates, Inc. for updating the traffic model and preparing the traffic study for inclusion in the Newport Center General Plan Update EIR; and 2) approve a Professional Services Agreement with RKJK & Associates, Inc. for project management and traffic engineering services. 12. BALBOA PIER CONCESSION AGREEMENT — RUBY'S RESTAURANT GROUP (C- 2326). Authorize the Mayor to sign proposed Lease Agreement with the Ruby's Restaurant Group for the restaurant concession on the Balboa Pier. 13. EXTENSION OF LEASE AGREEMENT WITH AMERICAN LEGION POST 291 (C- 1772). Authorize the Mayor to enter into a Pt 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 year beginning in March 2000. MISCELLANEOUS ACTIONS 14. PLANNING COMMISSION AGENDA FOR OCTOBER 21,1999. Receive and file. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS 15. APPOINTMENTS TO THE HARBOR QUALITY CITIZENS ADVISORY COMMITTEE. Confirm Council Member Ridgeway's appointment of Susan Gardner (District 1) and Council Member Debay's appointment of Rob Thomas (District 2). 16. APPOINTMENT TO THE ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE. Confirm Council Member Adams' appointment of Richard Rivett as the at- large member (District 4). 17. REPEAL OF CITY COUNCIL POLICY L -18. Repeal City Council Policy L -18, Administrative Procedures for Implementing the Traffic Phasing Ordinance. 18. BUDGET AMENDMENT (BA -018) — LIBRARY SERVICES & TECHNOLOGY GRANT AWARD OF $54,666. Approve BA -018 to appropriate the library grant to various accounts to support the TeenRead outreach program. 19. BUDGET AMENDMENT (BA -019) FOR CORONA DEL MAR REFORESTATION (PHASE III). Approve BA -019 in the amount of $57,000 to fund the City portion of Phase III of the reforestation of 40 City parkway trees located on the north side of East Coast Highway in Corona del Mar. 20. MCFADDEN PLACE FARMERS MARKET AGREEMENT REVIEW. Receive and file. 21. HUMAN SERVICES GRANTS FOR 1999 -2000. Authorize the distribution of grants totaling $25,000 from fund #010 -20- 0100 -8254 to various Human Services organizations that serve the Newport Beach community. 22. STAFFING ISSUES. Approve conversion of four part -time positions in Administrative Services to full-time status. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. ITEMS REMOVED FROM THE CONSENT CALENDAR 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 naive and address for the record. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. PUBLIC HEARINGS 23. 22 CORPORATE PLAZA — A REQUEST FOR PC TEXT AMENDMENTS TO INCREASE THE PERMITTED SQUARE FOOTAGE ENTITLEMENT IN THE CORPORATE PLAZA PLANNED COMMUNITY BY TRANSFERRING APPROXIMATELY 45,000 SQUARE FEET OF EXISTING ENTITLEMENT FROM FASHION ISLAND AND BLOCK 600 OF NEWPORT CENTER IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW OFFICE BUILDING. Action: 1) Conduct public hearing; 2) Adopt Resolution No. 99 -_ rights is consistent with the General Plan; 3) Introduce Ordinance No. 9 Plaza Planned Community, rights in Newport Center (Amendment No. 889), and 1999; and — finding the transfer of development standards for transfer contained in the 9 -_, an amendment to the Corporate approving a transfer of development from Fashion Island and Block 600 pass to second reading on November 8, 4) Sustain the action of the Planning Commission and approve the supporting documentation related to the Amendment, subject to the Findings and Mitigation Measures as modified by the Planning Commission: a) the acceptance of a Negative Declaration; b) a traffic analysis; and c) a parking demand study. 24. PUBLIC HEARING TO CONSIDER THE RESOLUTION OF INTENT TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. Action: 1) Conduct public hearing; and 2) Adopt Resolution No. 99- entitled "Resolution of Application by the City Council of the City of Newport Beach Requesting the Local Agency Formation Commission to Initiate Proceedings for the Reorganization of Territory". 25. FIVE YEAR PROJECTION OF GENERAL FUND REVENUES, AND INCREASES/(DECREASES) TO FUND BALANCE. Action: 1) Consider the forecast and the specific assumptions listed, and direct modifications, if any, to the projections; 2) In conjunction with the forecast, establish a target level of additional revenues, and/or other actions needed to maintain a secure fiscal posture for the City over at least the next five years; and 3) Direct staff to return with a more thorough analysis of potential revenue enhancements to achieve the target level established above, to include advantages and disadvantages of each, as well as recommended prioritization for City Council consideration. 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 ITEM5