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HomeMy WebLinkAbout0 - Regular Meeting AgendaNEWPORT BEACH CITY COUNCIL AGENDA April 26, 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 Mike Browning, Church of Jesus Christ of Latter -day Saints. Proclamation declaring May 3,1999 as "Arbor Day ". Presentation by the Newport Beach Conference & Visitors Bureau Promoting Tourism 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 — 23) 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 uo 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 boxprovided at the podium. READING OF MINUTESIORDINANCES 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 -_ to establish BID Coordinating Committee; and approve Request for Proposals (RFP) for BID Administration. 4. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. Adopt Resolution No. 99 amending the City's Fee Schedule for municipal services and rescind Resolution No. 92 -105. 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. 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 8841. Adopt Ordinance No. 99 -11. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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 -_; 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 TITLE 20 OF THE NBMC TO UPDATE LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR SERVICE STATIONS. [AMENDMENT 885]. Introduce Ordinance No. 99 -_; and pass to second reading and schedule public hearing on 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 WayPA" 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 application subject to: 1) Execution of an Encroachment Agreement for non- standard improvements: authorize the Mayor and the City Clerk to execute the Agreement; and authorize and direct the City Clerk to have the 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 CONTRACT (C -2975) — NOTICE OF COMPLETION. Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portion of the Civil Code. 14. MCFADDEN PLACE FARMERS MARKET AGREEMENT. Approve the Encroachment Agreement with Mr. Larry Nedeau as an independent operator of the McFadden Place Farmers Market; and direct staff to provide a report to include discussion of the markets operation during the first six months of the agreement for City Council review. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR APRIL 22, 1999. Receive and file. 16. CHANGE OF DESIGNATED STREET TREE ON SERRANO AVENUE. a) Direct staff to give ten days notice to the resident of 2118 Serrano Avenue to remove three Norfolk Island Pine trees from the City parkway adjacent to his property and authorize staff to remove the trees at the property owner's expense if resident fails to comply; and b) direct staff to give written notice to the resident of 2118 Serrano Avenue to submit an encroachment permit application to retain and modify the private stonework in the parkway adjacent to his property to alleviate any hazards to pedestrians. 17. ORANGE COUNTY GRAND JURY REPORT. Authorize the Mayor to sign the City's letter responding to the Orange County Grand Jury report entitled "Leaf Blower Pollution Hazards in Orange County ". 18. TELECOMMUNICATIONS EQUIPMENT AND APPROVAL OF BUDGET AMENDMENT (BA -064) IN THE AMOUNT OF $180,500. Approve voice mail replacement ($35,614.50); Fire & Marine Lifeguard HQ PBX upgrade ($28,887.27); City Hall, Police Department and Central 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 FOR FUNDING FOR A GENERAL PLAN AMENDMENT FOR THE AIRPORT AREA. Direct staff to include $100,000 in the 1999 -2000 Capital Budget, and plan to include $150,000 in the 2000- 2001 Capital Budget. 20. BUDGET AMENDMENT (BA -065) IN THE AMOUNT OF $70,910 TO FUND THE PURCHASE A PATROL CAR, VEHICLE SETUP COSTS, AND ASSOCIATED EQUIPMENT FOR THE POLICE DEPARTMENT ($31,910) AND THE PURCHASE OF AN END -DUMP TRAILER FOR THE GENERAL SERVICES DEPARTMENT ($39,000). Approve BA -065. 21. BUDGET AMENDMENT (BA -063) AS REQUESTED BY THE BOARD 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. CORONA DEL MAR TIDEPOOLS. 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; and e) prepare increased staffing estimates and bring them back SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 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. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED. 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 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. Action: a) Conduct public hearing; and b) Adopt Ordinance No. 99-8. 25. BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION RESOLUTION AND AGREEMENT. Action: a) Conduct public hearing; b) If desired, adopt Resolution No. 99 -_ ordering the vacation and abandonment of the Bay Island Public Service Easement and Sewer System; C) Approve the Bay Island Public Service Easement and Sewer System Vacation Agreement; and d) Direct the City Clerk to have the resolution and agreement recorded by the Orange County Recorder. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 26. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 15, NEWPORTBALBOA - MCFADDEN SQUARE INTERSECTION (19TH STREET TO 32ND STREET). Action: a) Conduct public hearing; and b) Adopt Resolution No. 99 -_ establishing Underground Utilities District No. 15; or C) Abandon the district proceedings. 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 — In memory of Coalson Morris SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.