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HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA November 23, 1998 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 Dr. James T. (Jim) Bradford, Newport -Mesa Christian Center. IF YOU WISH TO ADDRESS THE COUNCIL, PLEASE FILL OUT THE YELLOW SIGN -IN CARD AND PLACE IT IN TIIE BOX AT TIRE PODIUM. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (VON- DISCUSSION ITEM): TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE RECORDED. SPEAKER MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS BELURED 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 — 19) 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 curd in the box provided at the podium. READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR. MEETING OF NOVEMBER 9, 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. RESOLUTIONS FOR ADOPTION 3. RESOLUTION LIMITING THE PARKING OF VEHICLES ON CERTAIN STREETS AND ORDINANCE REVISING PREFERENTIAL PARKING ZONE 2 (NEWPORT HEIGHTS AND CLIFF HAVEN). a) Adopt Resolution No. 98 -_ limiting the parking of vehicles on certain streets and rescinding Resolution No. 98 -29; and b) introduce Ordinance No. 98 -_ amending Section 12.68.060 of the Newport Beach Municipal Code to establish a residential parking permit program for portions of Newport Heights and Cliff Haven, and pass to second reading on December 14, 1998. 4. EMERGENCY MANAGEMENT ASSISTANCE (EMA) GRANT PROGRAM AUTHORIZATION. Adopt Resolution No. 98 -_ designating the City Manager as the City's Authorized Official and the Fire and Marine Chief as the Alternate Authorized Official responsible for executing applications and documents for the purpose of obtaining financial assistance through the Emergency Management Assistance Grant Program. 5. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT (BALBOA ISLAND BAYSIDE BUSINESS IMPROVEMENT DISTRICT) RENEWAL AND EXPANSION, ANNUAL REPORT FOR 1998. Approve Marine Avenue Business Improvement District 1998 Annual Report; and adopt Resolution of Intention No. 98 -_ and set the public hearing for December 14, 1998. 6. NEWPORT BEACH RESTAURANT REPORT AND DISTRICT RENEWAL. District 1998 Annual Report; and adopt public hearing for December 14, 1998. IMPROVEMENT DISTRICT 1998 ANNUAL Approve Newport Beach Restaurant Improvement Resolution of Intention No. 98- and set the SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 7. UNDERGROUND UTILITIES IN BAY SHORES (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 70). a) Authorize a budget amendment (BA -021) to appropriate $67,695 from the General Fund to the Assessment District Fund, Assessment District No. 70 — Bay Shores, Account No. 7401- C5200483; and b) authorize the City Manager to execute a Professional Services Agreement with GFB Friedrich & Associates in an amount not to exceed $24,695 for assessment engineering services. S. UNDERGROUND UTILITIES IN BALBOA BOULEVARD BETWEEN 'W' STREET AND 197 STREET (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 71). In order to expedite the conversion: a) authorize the Public Works Department to complete any service connections that are not completed by January 1, 1999; bill the affected property owners for the work; and place liens on the properties until the connection fees are paid; and b) authorize the Public Works Department to hire a licensed contractor to complete the underground service connections for those properties that have not completed their service connections by January 1, 1999. 9. UNDERGROUND UTILITIES IN RIVER AVENUE FROM CHANNEL PLACE TO 38TH STREET INCLUDING CHANNEL PLACE (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 81). a) Authorize a budget amendment (BA -022) to appropriate $47,775 from the General Fund to the Assessment District Fund, Assessment District No. 81 — River Avenue, Account No. 7401- C5200484; and b) authorize the City Manager to execute a Professional Services Agreement with GFB Friedrich & Associates in an amount not to exceed $16,775 for assessment engineering services. 10. BALBOA ISLAND BAYFRONT REPAIRS - AWARD OF CONTRACT (C- 3166). a) Approve the plans and specifications; b) award contract to Surfside Restoration for the total bid price of $45,392.90, and authorize the Mayor and the City Clerk to execute the contract; and c) establish an amount of $4,500 to cover the cost of unforeseen work. 11. USE PERMIT NO. 3612 -- 3100 WEST COAST HIGHWAY (T.L.A., INC.) a) Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Use Permit No. 3612; b) authorize the City Clerk to release the faithful performance bond (Certificate of Deposit No. 2084 7800); and c) authorize the City Clerk to release the labor and material bond (Certificate of Deposit No. 2084 7800) in six months, provided no claims have been filed. 12. PROFESSIONAL SERVICES AGREEMENT FOR JAMBOREE ROAD REHABILITATION FROM EAST COAST HIGHWAY TO SAN JOAQUIN HILLS ROAD (C- 3242). Approve a professional services agreement with Berryman & Henigar of Santa Ana for professional engineering services for a contract price of $37,134. 13. MEMORANDUM OF UNDERSTANDING (MOU) — NEWPORT BEACH CITY EMPLOYEES LEAGUE. Approve the MOU between the City and the City Employees League for the period July 1, 1998 to June 30, 2001. 14. PLANNING COMMISSION AGENDA FOR NOVEMBER 19, 1998. Receive and file. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 15. BUDGET AMENDMENT (BA -024) DONATION FOR CLIFF DRIVE PARK LANDSCAPING. Approve budget amendment (BA -024) in the amount of $5,103 to fund the planting of flowering trees and shrubs at Cliff Drive Park. 16. BUDGET AMENDMENT (BA -023) — TENNIS RESERVE FUND BUDGET TRANSFER. Approve the transfer of $27,000 from Account No. 010 -3742, Tennis Reserve Fund, and appropriate to Account No. 4330 -8080, Fee Based Classes - Professional/Technical NOC to appropriate tennis reserves for court resurfacing, bench replacement and purchase of tennis equipment, replacement nets and windscreens. 17. APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMITTEE (EDC). a) Appoint Lisa Reedy as the Newport Center/Fashion Island representative; and b) designate Gary DiSano as the Cannery Village Representative and Michael Porter as the At -Large Representative. 18. COSTA MESA FREEWAY LITTER REMOVAL (Requested by Council Member Glover). Receive and file. 19. AMENDMENT TO CIVIL SERVICE RULES. Approve suggested language for Civil Service Rules 501.2.3.1.c.2 and 501.2.3.1.d.2, allowing for the extension of promotional and open employment lists for an additional year. 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 20. AN AMENDMENT TO DISTRICTING MAP NO. 1 TO CHANGE ZONING DISTRICT CLASSIFICATION OF 511 CANAL STREET (NEWPORT SHORES COMMUNITY CLUBHOUSE) FROM OPEN SPACE PASSIVE (OS -P) TO OPEN SPACE ACTIVE (OS -A) [AMENDMENT NO. 881]. Action: a) Conduct public hearing; and b) Introduce Ordinance No. 98 -_ for Amendment 881, and pass to second reading on December 14, 1998. 4 SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 21. IMPROVED IDENTIFICATION AND PROMOTION OF HISTORIC ASSETS ON THE BALBOA PENINSULA. Action: a) If desired, become more proactive in the designation of historic properties by: 1) Directing staff to encourage owners of historic properties to have their properties designated; or 2) Amending City Council Policy K -2 to provide for City initiation of the designation process. b) Instruct staff to retain professional design assistance to develop historic plaques, and approve the purchase, use, and maintenance of historic plaques to identify City designated historic buildings and sites; and c) Instruct staff to work with local historic preservation groups to expand and promote walking tours of the Balboa Peninsula sites. 22. CORONA DEL MAR TIDEPOOLS. Action: a) Receive and file; or b) Direct staff to pursue one or more of the following strategies: 1) Do nothing to restrict human access to Little Corona del Mar, but establish a panel of experts to assess the current condition of the ecosystem at Little Corona del Mar rocky intertidal via additional scientific research. The panel would later recommend action by the City based on their findings. 2) Station a deputized officer at Little Corona del Mar (especially during daylight hours on days with significantly low tides) with instructions to remind people visiting the area what the rules are within the marine reserve. 3) Control the access to Little Corona del Mar via gates at the top of the trail and increase the number of Marine Conservation Supervisors so that people visiting this area do so in the presence and under the supervision of a City employee who can teach them about the ecology and conservation of this area. 4) Restrict all access to Little Corona del Mar for a period of at least two years by citizens, while additional scientific research is conducted to determine the state of deterioration of this habitat and whether or not it can exhibit signs of recovery. 23. REPORT FROM THE PROP COMMITTEE (AD HOC COMMITTEE TO PROMOTE THE REVITALIZATION OF THE BALBOA PENINSULA) RECOMMENDING APPROVAL OF A LEASE OF THE BALBOA THEATER TO THE BALBOA THEATER ARTS FOUNDATION. Action: Approve the lease with the Balboa Theater Arts Foundation. SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS. 24. UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION. Action: a) Declare two vacancies on the Planning Commission due to the election of Planning Commissioners to the City Council in both Districts 1 and 4. b) Appointment by Mayor to Ad -Hoc Appointments Committee. 1. Council Member 2. Council Member 3. Council Member c) Direct the City Clerk to post and publish a Special Vacancy Notice requesting that applications be submitted by 4:00 p.m. on Thursday, December 17, 1995, and schedule the submission of the nominations to the City Council on January 11, 1999 with the final appointment to be made on January 25, 1999. 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. ADJOURNME NT SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.