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HomeMy WebLinkAbout04/26/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 26, 1999 - 7:00 p.m. INDEX STUDY SESSION - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 5:30 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Adams (excused) Pledge of Allegiance - Homer Bludau. Invocation by Mike Browning, Church of Jesus Christ of Latter -day Saints. • Mayor O'Neil presented a proclamation to the Newport Beach Conference & Visitors Bureau, recognizing the importance of the travel and tourism industry to the City and proclaiming the week of May 3, 1999, as Tourism Week. President Rosalind Williams then presented the City with a replica check in the amount of $20,332,156, representing the total tourism revenue that went into the City's general fund during the last fiscal year. Ms. Williams recognized the bureau staff. Dale McDaniel, Chairman of the Board of Directors, expressed his appreciation for the efforts of the bureau. Council Member Noyes requested that Ms. Williams attend a future study session. Mayor Pro Tem Thomson presented the Jack K. Baillie Perpetual Trophy to the Newport Beach yacht club boat that finished first in this year's Newport to Ensenada Race, "Heartbeat". Captain Chuck Brewer accepted the trophy and acknowledged the crew members. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Noyes announced that American Legion Post 291 just celebrated its 75th anniversary. He stated that the club has over 2,000 members. • Council Member Ridgeway stated that he and his family visited the "Endeavour" while it was in Newport Beach and he complimented the Nautical Museum and all of the volunteers who participated as docents Volume 52 - Page 445 • L • City of Newport Beach City Council Minutes April 26, 1999 on the ship. • Mayor O'Neil added that he spoke with Captain Chris Blake of the "Endeavour ", who mentioned that Newport Beach would be a port of call when the "Endeavour" sails again from its home port in Australia in 2001. Mayor O'Neil .announced that Newport Beach has been awarded the title of "free City USA" for the eighth consecutive year with a special growth award. He added that Newport Beach has 28,000 City trees. • Mayor O'Neil announced that Back Bay Drive reopened over the weekend. He said this was done with the cooperation of the U. S. Department of Fish & Game, U. S. Fish & Wildlife, the County of Orange, The Irvine Company and the City. • Council Member Glover asked that the Council meeting be adjourned in the memory of Coalson Morris. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF APRIL 12, 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. BUSINESS IMPROVEMENT DISTRICT (BID) ADMINISTRATION. Adopt Resolution No. 99 -29 to establish BID Coordinating Committee; and approve Request for Proposals (RFP) for BID Administration. 4. Item removed from the Consent Calendar by Council Member Noyes. 527. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING THE SAFE AND HEALTHY COMMUNITIES INITIATIVE. Adopt Resolution No. 99 -30. S28. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING THE CITY OF IRVINE ANNEXATION OF EL TORO MCAS AND THE MUSICK JAIL. Adopt Resolution No. 99 -31. ORDINANCES FOR ADOPTION 5. ORDINANCE NO. 99 -9 AMENDING CHAPTER 12.24 (SPECIAL SPEED ZONES) OF THE NBMC REGARDING DECREASING STATE SPEED LIMITS. Adopt Ordinance No. 99 -9. Volume 52 - Page 446 Res 99 -29 BID Administration (27) Res 99 -30 Safe & Healthy Initiative (54) Res 99 -31 El Toro MCAS/ Musick Jail (54) Ord 99 -9 Special Speed Zones (53/85) • City of Newport Beach City Council Minutes April 26, 1999 6. ORDINANCE NO. 99 -10 APPROVING AN AMENDMENT TO DISTRICTING MAP NO. 18, SO AS TO ESTABLISH A 5 FOOT FRONT YARD SETBACK FOR TWO PROPERTIES LOCATED AT 3000 AND 3002 BREAKERS DRIVE [AMENDMENT NO. 8821. Adopt Ordinance No. 99 -10. ORDINANCE NO. 99 -11 APPROVING AMENDMENTS TO TITLE 20 OF THE NBMC PERTAINING TO THE CALCULATION OF RESIDENTIAL FLOOR AREAS [PLANNING COMMISSION AMENDMENT 884]. Adopt Ordinance No. 99 -11. ORDINANCES FOR INTRODUCTION 8. AMENDMENT TO SECTION 20.65.040 (HEIGHT LIMITATION ZONES) OF TITLE 20 OF THE NBMC TO PLACE ALL PROPERTIES IN THE RESIDENTIAL - AGRICULTURAL (R -A) DISTRICT IN THE 32150 FOOT HEIGHT LIMITATION ZONE [AMENDMENT 8871. Introduce Ordinance No. 99 -12; and pass to second reading and schedule public hearing on May 10, 1999. 9. AMENDMENT TO CHAPTERS 20.80 (SERVICE STATIONS), 20.03 (DEFINITIONS), AND 20.67 (SIGNS) OF TI:CLE 20 OF THE NBMC TO UPDATE LAND USE AND PROPERTY DEVELOPMENT • REGULATIONS FOR SERVICE STATIONS. [AMENDMENT 8851. Continued to May 10, 1999. CONTRACTS AND AGREEMENTS 10. JAMBOREE ROAD SEWER IMPROVEMENT - AWARD OF CONTRACT (C- 3179). Approve the plans and specifications; award the contract to GCI Construction, Inc. for the total bid price of $139,730; authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $14,000 to cover the cost of unforeseen work. 11. MARINE AVENUE SOUTH OF BALBOA ISLAND BRIDGE RECONSTRUCTION - AWARD OF CONTRACT (C- 3268). Approve the plans and specifications; award the contract to JDC, Inc. of Rancho Cucamonga for the total bid price of $37,335 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $3,700 to cover the cost of testing and unforeseen work; establish Account No. C5100492 to fund the work; and authorize a budget amendment (BA -062) to transfer $40,000 of the unused balance from Gas Tax Account No. 7181- C5100399 (Balboa Boulevard Reconstruction Medina Way / "A" Street) and $1,035 of the available balance from General Fund Account No. 7013- C5100019 (Street, Bikeway, and Parking Lot Striping) into Account Nos. 7013- C5100492 ($1,035) and 7181- C5100492 ($40,000). 12. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND • MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE OCEAN BOULEVARD PUBLIC RIGHT -OF -WAY ADJACENT TO 3729 OCEAN BOULEVARD, CORONA DEL MAR (EP99 -67). Approve the Volume 52 - Page 447 INDEX Ord 99- 10/PCA 882 Davidsson Residence (D & L Engineering) 3000/3002 Breakers Drive (94) Ord 99 -11 /PCA 884 Residential Maximum Floor Area Limits Calculation (94) Ord 99 -12 PCA 887 Height Limitation Zones (94) PCA 885 Land Use /Property Development Regs for Service Stations (94) C -3179 Jamboree Road Sewer Improvement (38) C- 3268/BA -062 Marine Avenue Bridge Reconstruction (38/40) EP99 -67 Encroachment Agreement/ Ocean Boulevard/ • • • City of Newport Beach City Council Minutes April 26, 1999 INDEX 21. BUDGET AMENDMENT (BA -063) AS REQUESTED BY THE BOARD BA -063 Volume 52 - Page 448 application subject to: 1) Execution of an Encroachment Agreement for non- Adjacent to standard improvements: authorize the Mayor and the City Clerk to execute 3729 Ocean Blvd. the Agreement; and authorize and direct the City Clerk to have the (65) agreement recorded with the Orange County Recorder; 2) An Encroachment Permit issued by the Public Works Department; and 3) A Building Permit issued by the Building Department. 13. SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND C -2975 CONTRACT (C -2975) - NOTICE OF COMPLETION. Accept the work; Section 5 Sewer authorize the City Clerk to file a Notice of Completion; and authorize the Pump Station on City Clerk to release the bonds 35 days after the Notice of Completion has Little Balboa been recorded in accordance with applicable portion of the Civil Code. Island (38) 14. MCFADDEN PLACE FARMERS MARKET AGREEMENT. Approve the C -3098 Encroachment Agreement with Mr. Larry Nedeau as an independent McFadden Place operator of the McFadden Place Farmers Market; and direct staff to provide Farmers Market a report to include discussion of the markets operation during the first six (38) months of the agreement for City Council review. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR APRIL 22, 1999. Receive Planning and file. (68) 16. Item removed from the Consent Calendar by Council Member Ridgeway. 17. ORANGE COUNTY GRAND JURY REPORT. Authorize the Mayor to OC Grand Jury/ sign the City's letter responding to the Orange County Grand Jury report Leaf Blowers entitled "Leaf Blower Pollution Hazards in Orange County ". (44) 18. TELECOMMUNICATIONS EQUIPMENT AND APPROVAL OF BA -064 BUDGET AMENDMENT (BA -064) IN THE AMOUNT OF $180,500. Telecommunications Approve voice mail replacement ($35,614.50); Fire & Marine Lifeguard HQ Equipment PBX upgrade ($28,887.27); City Hall, Police Department and Central (40) Library PBX switch upgrades ($60,504.34); implementation of enhanced E- 911 system ($38,231.82); and Interactive Voice Response (IVR) System interface ($65,000); and funding realignments specified in staff report. 19. ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION General Plan FOR FUNDING FOR A GENERAL PLAN AMENDMENT FOR THE Amendment for AIRPORT AREA. Direct staff to include $100,000 in the 1999 -2000 Capital the Airport Area Budget, and plan to include $150,000 in the 2000 -2001 Capital Budget. (40/54) 20. BUDGET AMENDMENT (BA -065) IN THE AMOUNT OF $70,910 TO BA -065 FUND THE PURCHASE A PATROL CAR, VEHICLE SETUP COSTS, Patrol Car/ AND ASSOCIATED EQUIPMENT FOR THE POLICE DEPARTMENT Vehicle Setup/ ($31,910) AND THE PURCHASE OF AN END -DUMP TRAILER FOR End -Dump THE GENERAL SERVICES DEPARTMENT ($39,000). Approve Trailer BA -065. (40/44/70) 21. BUDGET AMENDMENT (BA -063) AS REQUESTED BY THE BOARD BA -063 Volume 52 - Page 448 • City of Newport Beach City Council Minutes April 26, 1999 OF LIBRARY TRUSTEES TO TRANSFER SALARY SAVINGS IN THE AMOUNT OF $75,000 TO THE MAINTENANCE AND OPERATION, AND THE CAPITAL EQUIPMENT COMPONENTS OF THE LIBRARY BUDGET IN ORDER TO UNDERTAKE NEEDED COMPUTER UPGRADES AND LIBRARY BRANCH REPAIRS. Approve BA -063. 22. REPORT ON VOLLEYBALL COURT AT 2406 WEST OCEANFRONT Receive and file. 23. Item removed from the Consent Calendar by Council Member Noyes. Motion by Mayor Pro Tern Thomson to approve the Consent Calendar, except for those items removed (4, 16 and 23) and those items continued (9). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. REVISED PARKING LOT FEES FOR BAL130A PIER AND CORONA DEL MAR PARKING LOTS. Council Member Noyes expressed his desire to have the PROP Committee review the suggested revisions before the resolution is approved by the City • Council. He stated that the amendment provides an opportunity to possibly make other adjustments. Council Member Ridgeway stated that he will be attending the Balboa Merchants Owners Association quarterly meeting the following day and could bring this topic up at that time. Motion by Council Member Noyes to continue the item for 30 days to allow time for the PROP Committee to review. Without objection, the motion carried by acclamation. 16. CHANGE OF DESIGNATED STREET TREE ON SERRANO AVENUE. Council Member Ridgeway stated that since the last City Council meeting, a meeting with the applicant was held to discuss this issue and a compromise was reached. Motion by Council Member Ridgeway to require that a) two of the three trees removed at 2118 Serrano Avenue be replaced with 24" box magnolias, with root barriers attached; b) the rock closest to the fire hydrant, not approved by an encroachment permit, be removed; and c) the three Norfolk pines be transplanted in the new Japanese garden at the Central Library along with two sago palms, to be paid for by the applicant. • Mayor O'Neil confirmed that the trees that were not approved will be replaced with approved designated trees, and the City will receive the trees that are being removed as well as two sago palms. Volume 52 - Page 449 INDEX Library Computer Upgrades & Library Branch Repairs (40/50) Volleyball Court /2406 W. Oceanfront (62) Parking Lot Fees/ Balboa Pier & CdM Parking Lots (40) Designated Street Trees on Serrano Avenue (62) E City of Newport Beach City Council Minutes April 26, 1999 Without objection, the motion carried by acclamation. 23. CORONA DEL MAR TIDEPOOLS. Council Member Noyes asked for a report from staff and also wanted to hear from Patty Schooley of the County. Deputy Fire & Marine Chief Melum stated that, per City Council direction, staff gathered information on the condition of marine life refuges in general and the Corona del Mar tidepools, specifically. He stated that they read reports, looked at studies and held meetings. He stated that the information gathered suggested that human foot traffic, lawful and unlawful collecting and recreational users were having an impact on Corona del Mar as well as others. Deputy Fire & Marine Chief Melum stated that the recommendations in the staff report address the impact of human activity, and include the City's participation with other agencies and ongoing studies. He stated that the recommendations also include replacement of signage, a reduction in the number of scheduled visitors and additional staffing at the site. Council Member Glover asked about the viability of reducing the number of visitors by completely closing the area for a couple years. Deputy Fire & . Marine Chief Melum stated that it would be a drastic remedy and may not be necessary at this point. Responding to Council Member Ridgeway's question, Deputy Fire & Marine Chief Melum explained the procedure for managing visitors to the area. He stated that, in October, mailings are sent to all Orange, Riverside and Los Angeles County schools explaining the situation, the regulations and the City's desire to schedule visits. He stated that the scheduling is explained as being done to provide for a quality visit as well as to assist in protecting the refuge. He added that another way the City manages the area is through the use of personnel at the site to notify the public of the regulations and to contact the police if anyone refuses to comply. Deputy Fire & Marine Chief Melum also stated that he'd like to have the schools schedule their visits over the entire year rather than just during the popular Spring season. He stated that this will still accommodate everyone but, in smaller numbers, it will allow the City's Marine Reserve Officer to do a better job in managing their conduct. City Attorney Burnham responded to Council Member Ridgeway's question about the City's authority to restrict access by stating that because the City is the grantee of the tidelands and the owner of the walkway easement, he feels the City has the authority. He added that the City might want to confirm the beach access restriction with the State Lands Commission but that for purposes of protecting the environment for a given duration, he feels • that it would be approved. Deputy Fire & Marine Chief Melum confirmed for Council Member Volume 52 - Page 450 INDEX CdM Tidepools (51) • City of Newport Beach City Council Minutes April 26, 1999 INDEX Ridgeway that the total dollar amount of the recommended Marine Preserve Supervisor had not yet been calculated. Council Member Ridgeway asked about the low tides and Deputy Fire & Marine Chief Melum explained that he attempts to schedule personnel during low tides when they occur between 9:00 a.m. and 4:00 p.m., and are below +2. Council Member Noyes requested to hear from the County representative in attendance at the meeting. Mayor O'Neil asked about the possibility of creating manufactured tidepools, possibly in the Shellmaker or Back Bay area. Deputy Fire & Marine Chief Melum stated that the suggestion was worthy and could be best utilized by the younger kids, leaving the natural tidepools for the more serious students. Mayor O'Neil added that staff might also look at; using state or federal grant money to offset the development of manufactured tidepools. Council Member Debay asked about the exhibits that will to be opened with the Back Bay Nature Preserve Conservancy. Deputy Fire & Marine Chief Melum stated that those would probably deal with estuaries and marshes only, and not tidepools. • Patty Schooley, Operations Supervisor for the County of Orange Harbors, Beaches and Parks, stated that her area includes the coastal facilities from Sunset Beach to the River Jetty to South Laguna to Poche Beach. She stated that Orange County is blessed with white sandy beaches as well as rocky intertidal zones. She stated that human activity has definitely had an affect on these areas, and it is a problem that is not unique to Little Corona. She stated that Orange County has six designated refuges: Little Corona, Irvine Coast which includes Crystal Cove, the combined Laguna and Niguel tidepools, a preserve at Dana Point and Doheny. Ms. Schooley stated that she supports all of the recommendations in the staff report and, additionally, would like to see the problems addressed as a region. She stated that the rules should be the same, the same message should be sent out to the school districts, the signage should be standardized and a region -wide volunteer program should be developed for coastal management. She stated that other alternatives and activities need to be offered because the tidepools in Orange County have a carrying capacity. Ms. Schooley stated that restrictions are already used in parks, wilderness type facilities and trails. She stated that the public has come to understand and accept these restrictions, and that the same thing must be done with the tidepools. She added that grants are available, and that she recently received a coastal resource grant funded by offshore oil money. She stated that it will provide for enforcement, the creation of a management plan, new signage and education. Ms. Schooley stated that Fish & Game should be the . manager of ecological tidepools and refuges. She stated that she understands they have limited resources but added that they have the ability to approve restrictions and limit access. Volume 52 - Page 451 City of Newport Beach City Council Minutes April 26, 1999 • Ms. Schooley recommended that the City Council approve the City's participation in the larger regional approach to the problem. Ms. Schooley confirmed for Council Member Ridgeway that Fish & Game needs to be a part of the approach because they have something to offer and should be a participant. She stated that the County is determined to be a leader and wants others to participate. Council Member Ridgeway suggested that the County propose a bill in Sacramento that would force the active management plan that Ms. Schooley has recommended. Ms. Schooley stated that she is proposing that the newly- formed Coastal Commission form a subcommittee that would speak to the lobbyists and politicians. Council Member Noyes explained that the Coastal Coalition is a new group that has only met twice. He added that the problem discussed tonight could be brought up at the next meeting. He thinks this would be an ideal topic for the new group to work on. Ms. Schooley stated that at the next meeting, the Coastal Coalition will address its priorities, format and organization. She added that a fact to keep in mind is the amount of money the East Coast receives from the federal government to manage and restore their beaches compared to the very small amount of money that California receives. She stated that this is due to their lobbying efforts. • Mayor O'Neil thanked Ms. Schooley for her time, information and efforts. Nancy Gardner, Newport Beach Chapter of the Surfrider Foundation, complimented Deputy Fire & Marine Chief Melum for his efforts and encouraged the City Council to approve the staff recommendations along with those suggestions made by Ms. Schooley. Motion by Mayor O'Neil to a) participate with other agencies, including the Department of Fish and Game and other marine life refuges, to make the refuge a more effective tool for protecting coastal intertidal resources; b) support continued studies to define causes of intertidal decline and to identify strategies for restoration; c) reduce the number of visitors scheduled for daily visits to a more manageable number; d) prepare new signage at Corona del Mar Marine Life Refuge that will alert visiting public to the rules and regulations in effect, the harm done by unlawful collecting, and the impact of foot traffic within the intertidal zone; e) prepare increased staffing estimates and bring them back to City Council that would: 1) provide for a seasonal Marine Preserve Supervisor to coordinate the tidepool program; 2) ensure staffing of a Marine Preserve Officer at the Marine Life Refuge at all low tides, when the tidepools are exposed during daylight hours; and 3) coordinate the creation of a volunteer community service group to assist in the preservation of the Marine Life Refuge; and f) where possible, staff to coordinate with the County of Orange and any regional agency to develop and collaborate on a plan for the Orange County coast. • Council Member Ridgeway stated that he supports the motion and emphasized that signage and education should be done immediately. He Volume 52 - Page 452 INDEX • • • City of Newport Beach City Council Minutes April 26, 1999 an example of fishermen that were successfully educated on not taking bait. Without objection, the motion carried by acclamation. PUBLIC COMMENTS - None. PUBLIC HEARINGS 24. PUBLIC HEARING TO CONSIDER THE GRANTING OF A NON- EXCLUSIVE SOLID WASTE FRANCHISE TO KEVIN RAY DEMOLITION AND ADOPTION OF ORDINANCE NO. 99 -8 GRANTING A NON - EXCLUSIVE SOLID WASTE FRANCHISE TO KEVIN RAY DEMOLITION. Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Glover to adopt Ordinance No. 99 -8. Without objection, the motion carried by acclamation. 25. BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION RESOLUTION AND AGREEMENT. Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Debay to adopt Resolution No. 99 -32 ordering the vacation and abandonment of the Bay Island Public Service Easement and Sewer System; approve the Bay Island Public Service Easement and Sewer System Vacation Agreement; and direct the City Clerk to have the resolution and agreement recorded by the Orange County Recorder. Without objection, the motion carried by acclamation. 26. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 15, NEWPORTBALBOA - MCFADDEN SQUARE INTERSECTION (19TH STREET TO 32ND STREET). Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Council Member Debay complimented staff for the before and after renderings provided at the meeting. Motion by Council Member Glover to adopt Resolution No. 99 -33 establishing Underground Utilities District No. 15. Volume 52 - Page 453 INDEX Ord 99 -8 Non - Exclusive Solid Waste Franchise Agr./ Kevin Ray Demolition (42) C -3275 Res 99 -32 Bay Island Service Easement And Sewer System Vacation (38/90) Res 99 -33 Underground Utilities District 15/ MacFadden Square Intersection (89) City of Newport Beach City Council Minutes April 26, 1999 INDEX • Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT - In memory of Coalson Morris at 7:55 p.m. k * *k * * * * * * * * *kkk * * *k * *kkkk * *•kk* The agenda for the Regular Meeting was posted on April 21, 1999, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on April 23, 1999, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secre ry Mayor City Clerk • Volume 52 - Page 454