HomeMy WebLinkAbout0 - AgendaNEWPORT BEACH CITY COUNCIL AGENDA
Study Session - 5:00 p.m.
December 14, 1998
ROLL CALL
CURRENT BUSINESS
1. REVISIONS TO TRAFFIC PHASING ORDINANCE.
ACTION: Review presentation and direct staff to begin public review process.
2. REPORT FROM THE CITY ATTORNEY REGARDING ENVIRONMENTAL
DOCUMENTS BEING PREPARED BY THE COUNTY OF ORANGE AND THE CITY
OF IRVINE RELATING TO EL TORO MCAS.
ACTION: Review report and authorize transmittal of comments.
3. CLARIFICATION OF ITEMS ON THE EVENING CONSENT CALENDAR.
(Public comments are invited on non -a enda items generally
considered to be within the subject matter jurisdiction of the
Council —Speakers must limit comments to 3- minutes).
NEWPORT BEACH CITY COUNCIL AGENDA
December 14, 1998
STUDY SESSION - 5:00 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 Lloyd Dalton, Public Works Design Engineer.
Presentation of Bronze Award for the Orange County's United Way 1998.99 Campaign to
Chairman Steve Ahuna and recognition of the Department Representatives.
Presentation of Taste of Newport Proceeds by the Newport Harbor Area Chamber of
Commerce to Local Non -Profit Organizations.
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 I= PLACED ON A FUTURE AGENDA
FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM.
TESTIMONY GIVEN BEFORE THE CITY COUNCIL IS TAPE
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.
1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 23, 1998 AND
ADJOURNED REGULAR MEETING OF NOVEMBER 30, 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. TERMINATION AND ASSIGNMENT OF NON - EXCLUSIVE COMMERCIAL SOLID
WASTE FRANCHISES. Adopt Resolution No. 98-_ terminating the solid waste
franchise agreement between the City of Newport Beach and Haul Away Containers and
assigning the City's franchise agreement with Orco Disposal to CR &R, Incorporated; approve
agreement to surrender the franchise agreement between the City of Newport Beach and
Haul Away Containers; and approve the assignment of the Orco Disposal Franchise
Agreement to CR &R.
4. APPROVAL OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS
CONSTRUCTION, 1997 EDITION AND WORK AREA TRAFFIC CONTROL
HANDBOOK, 1996 EDITION. Adopt Resolution No. 98-_ approving Standard
Specifications for Public Works Construction, 1997 Edition and Work Area Traffic Control
Handbook, 1996 Edition as minimum standards for the City of Newport Beach Public Works
projects and approving future supplements to those standards.
5. 800 MHz AND DOCUMENT IMAGING LEASE/PURCHASE FINANCING. Adopt
Resolution No. 98-_ and authorize the Acting City Manager to execute the Master
Equipment Lease/Purchase Agreement and related agreements referenced in the resolution
for the 800 MHz Radio System and Document Imaging Systems Project with Municipal
Funding Group.
6. ORDINANCE NO. 98 -_ PERTAINING TO THE FEEDING OF WILD BIRDS AND
MARINE LIFE. Introduce ordinance and pass to second reading on January 11, 1999.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
ORDINANCES FOR ADOPTION
7. ORDINANCE NO. 98.25 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. Adopt
Ordinance No. 98 -25.
8. 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. 8811. Adopt Ordinance No. 98 -26.
CONTRACTS AND AGREEMENTS
9. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SCHOCK BOATS
(contd. from 11/09/98). Approve the agreement between the City and Schock Boats for use
of the dock bayward of the 29th Street end; and approve amended City Policy I -2 —
Instructional Recreation Activities.
10. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE (C- 3212). Approve plans and
specifications for bridge seismic retrofit; award Contract No. 3212 to Traylor Bros., Inc., for
the total base bid plus additive bid item in the amount of $2,388,697.15 and authorize the
Mayor and City Clerk to execute the contract; authorize a $230,000 construction reserve
amount to pay for any unforeseen work; approve an amendment to the City's existing
construction management agreement with Dokken Engineering, and authorize the Mayor
and City Clerk to execute the amendment; approve a Budget Amendment (BA -031) to
appropriate funds from additional Contributions Fund revenue to Account No. 7251 -
05100067 in the amount of $1,465,550; and direct staff to prepare designs, plans and
specifications and obtain permits for pedestrian walkways to be added to both sides of the
bridge and approve a Budget Amendment (BA -031) transferring $30,000 from the General
Fund Account No. 7013- C5100019, Street, Alley & Parking Lot Striping, to Account No. 7013 -
05100067 to provide for this design.
11. APPROVAL OF BUDGET AMENDMENT (BA -028) PERTAINING TO MACARTHUR
BOULEVARD WIDENING PROJECT — SEGMENT 2 (C- 2825). Approve Amendment
No. 1 to the Professional Services Agreement with AGRA Earth and Environmental
authorizing $33,000 for additional materials testing services and authorize the Mayor and
City Clerk to execute the Amendment; approve Amendment No. 1 to the Professional
Services Agreement with Deist - Binsfield, Inc. authorizing $47,700 for additional construction
management services and authorize the Mayor and City Clerk to execute the Amendment;
and approve a Budget Amendment (BA -028) appropriating $535,700 from the Circulation
and Transportation Fund to Account No. 7261- C5100066 and $125,000 from the CIOSA Fund
to Account No. 7432- C510066.
12. REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT FOR LIDO
PUMP STATION [ARCHES] (C- 2886). Approve revised Amendment No. 1 to the
Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange
County relative to design of the Lido Sewage Pump Station replacement and authorize the
Mayor and City Clerk to execute the Amendment; authorize Budget Amendment (BA -027) to
transfer $112,200 from the Sewer Pump Station Master Plan (Account No. 7532- C5600100),
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS
to the Sewer Main Master Plan Improvement (Account No. 7532- C5600292), for sewer mains
at the intersection of Newport Boulevard with Via Lido and Short Street; and authorize staff
to apply for matching funds from the County Sanitation Districts to repair and reconstruct
sewer lines that are impacted by infiltration of groundwater.
13. ASSIGNMENT OF LEASE WITH KELSHO COMMUNICATIONS. Approve the
assignment of the Kelsho Communications lease to Citicasters Company and approve the
Memorandum of Lease, Assignment and Consent and Estoppel Certificate, and authorize
Interim City Manager to execute the Memorandum of Lease and Estoppel Certificate upon
satisfaction of all conditions.
MISCELLANEOUS ACTIONS
14. PLANNING COMMISSION AGENDA FOR DECEMBER 10, 1998. Receive and file.
15. REQUEST TO CONVERT PART -TIME LIBRARIAN IT TO FULL -TIME LIBRARIAN
I. Approve the reallocation of funding within the library budget to convert the part -time
Librarian II (11034) position to a full-time Librarian I (1180).
16. PUBLIC SIGNAGE PROGRAM FOR BALBOA PENINSULA. Approve the sign program
and direct staff to install signs using Community Development Block Grant (CDBG) Funds.
17. REVIEW OF LIABILITY EXPOSURE ISSUES (contd. from 11/09/98). Receive and file.
18. AMENDMENT TO CITY COUNCIL POLICY H -1, HARBOR PERMITS (EXCEPTIONS
TO THE HARBOR PERMIT POLICIES). Approve amendment to Section 24, "Exceptions"
of Council Policy H -1.
19. BUDGET AMENDMENT FOR CORONA DEL MAR REFORESTATION, PHASE II.
Approve Budget Amendment (BA -026) in the amount of $35,000 to fund a Phase II
reforestation of the City parkway trees that are located on East Coast Highway in Corona del
Mar.
20. ADDITIONAL FIELD MAINTENANCE FUNDING. Approve Budget Amendment (BA-
025) in the amount of $70,200 to fund field maintenance operations in Account 3130 -8080 for
the remainder of the fiscal year.
21. USED OIL OPPORTUNITY GRANT. Receive and file.
22. CITY HALL REMODELING AND APPROVAL OF BUDGET AMENDMENT (BA -030).
Approve the remodeling of a portion of the City Hall lobby to provide for staff and
Councilpersons' work stations, remodeling of the Mayor's office, and the construction of a
secretary's desk.
23. ELECTRIC VEHICLE PROGRAM PROGRESS REPORT. Approve the report
summarizing the progress of the City's electric vehicle program for submittal to the South
Coast Air Quality Management District.
24. ACCEPTANCE OF EASEMENTS AND CERTIFICATION OF ABANDONMENT OF
EASEMENTS WITH RESUBDIVISION NO. 1041, BAYVIEW LANDING. Accept the
offer of dedication of an easement for sidewalk purposes as shown on Parcel Map No. 95 -137;
SPEAKERS MUST LIMIT REMARKS TO 5 MINU'T'ES ON AGENDA ITEMS
accept the offer of dedication of an easement for waterline purposes as shown on Parcel Map
No. 95 -137; accept the rededication of East Coast Highway and Jamboree Road as shown on
Parcel Map No. 95 -137; and certify abandonment of easements as noted on Parcel Map No.
95 -137 and authorize the City Clerk to execute the certification.
25. SALE OF PROPERTY ON SEASHORE DRIVE BETWEEN 32ND STREET AND 33RD
STREET ADJACENT TO 109 32ND STREET. Approve the sale of City -owned property at
32nd Street and Seashore Drive to Mr. Max Morgan for $7,836.48 cash to the City; and
authorize the Mayor and City Clerk to execute a grant deed transferring the property to
Mr. Morgan once $7,836.48 has been deposited with the City.
26. SETTLEMENT AGREEMENT FOR MICHAEL FARAH, APPROVAL OF BUDGET
AMENDMENT. Approve Budget Amendment (BA -029) to appropriate $120,000 from the
CIOSA loan appropriation reserve to Account No. 7432- C510006 for grading, reconstruction
of noise attenuation walls along the easterly side of MacArthur Boulevard, sidewalk repair
and construction of a site drainage structure.
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.
IQb.3f1ca',
27. BALBOA ISLAND BAYSIDE BUSINESS IMPROVEMENT DISTRICT (FORMERLY
MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT) RENEWAL AND
EXPANSION FOR 1999 CALENDAR YEAR.
Action: a) Conduct public hearing regarding the renewal and expansion of the
Balboa Island Bayside Business Improvement District; and
b) If protests represent 50 percent or more of the total assessment
amount, abandon the proceedings to renew the District;
OR
If protests represent less than 50 percent of the total assessment
amount, adopt Resolution No. 98 -_ renewing and expanding the
Business Improvement District, and confirming the Annual Report
and levying the BID assessment for calendar year 1999.
SPEAKERS MUST LIMIT REMARKS TO 5 K[NUTES ON AGENDA ITEMS.
28. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT ANNUAL
RENEWAL.
Action: a) Conduct public hearing regarding the renewal of the Newport Beach
Restaurant Improvement District; and
b) If protests represent less than 50 percent of the total assessment
amount, adopt Resolution No. 98 -_ renewing the Newport Beach
Restaurant Improvement District confirming the Annual Report and
levying the BID assessment for calendar year 1999;
OR
If protests represent 50 percent or more of the total assessment
amount, abandon the proceedings to renew the District.
29. PUBLIC HEARING ON THE APPLICATION OF EVMCH DOVE STREET
(APPLICANT) FOR GENERAL PLAN AMENDMENT NO. 98.1(B), PC AMENDMENT
NO. 877, TRAFFIC STUDY NO. 117 AND MODIFICATION NO. 4731 [1401 DOVE
STREET] — A REQUEST TO PERMIT THE CONSTRUCTION OF A TWO -STORY
26,122 SQUARE FOOT COMMERCIAL OFFICE BUILDING BUILT OVER A
PARTIALLY SUBTERRANEAN PARKING LOT. THE PROJECT INVOLVES THE
APPROVAL OF: A) A GENERAL PLAN AMENDMENT AND PC AMENDMENT TO
INCREASE THE SQUARE FOOTAGE ENTITLEMENT IN BLOCK E OF NEWPORT
PLACE PLANNED COMMUNITY, B) 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; AND C) A
TRAFFIC STUDY.
Action: a) Conduct public hearing; and
b) Adopt Resolution No. 98- approving General Plan Amendment 98-
1(B); and
c) Introduce Ordinance No. 98 -_, an amendment to the Newport Place
Planned Community, and pass to second reading on January 11, 1999;
and
d) Sustain the action of the Planning Commission and approve the
applications related to the General Plan and Zoning Amendments,
subject to the findings, mitigation measures and conditions as modified
by the Planning Commission: 1) the acceptance of a Negative
Declaration; 2) Modification No. 4731; and 3) Traffic Study No. 117.
30. RESOLUTION NO. 98- ORDERING THE VACATION AND ABANDONMENT OF
PORTIONS OF UNUSED RIGHT -OF -WAY ALONG THE EASTERLY SIDE OF
JAMBOREE ROAD AND THE NORTHERLY SIDE OF FORD ROAD ADJACENT TO
THE FORD/LORAL DEVELOPMENT.
Action: a) Conduct public hearing; and
b) Adopt Resolution No. 98- ordering the vacation and abandonment
of portions of unused right -of -way along the easterly side of Jamboree
Road and the northerly side of Ford Road adjacent to the Ford/Loral
development; and direct the City Clerk to have the resolution recorded
by the Orange County Recorder.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.
31. PUBLIC HEARING ON THE FY 1999 -2000 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) APPLICATION AND REVIEW OF 1997 -98 ANNUAL PERFORMANCE
REPORT.
Action: a) Hold public hearing to receive comments on the 1997 -98 Annual
Performance Report and 1999 -2000 One Year Action Plan; and
b) Provide direction on the 1999 -2000 CDBG One Year Action Plan, and
direct staff to prepare the draft FY 1999 -2000 CDBG application for
City Council review and approval at a public hearing tentatively
scheduled for March 22, 1999.
32. RECOMMENDATION FROM THE PLANNING COMMISSION TO FORM A STUDY
GROUP TO REVIEW RESIDENTIAL DEVELOPMENT STANDARDS IN CORONA
DEL MAR.
Action: Approve Planning Commission's recommendation.
33. TIDELANDS ADMINISTRATION ISSUES.
Action: a) Receive and file report; and
b) Set January 25, 1999 as the date for a City Council Study Session on
this matter; and
c) Offer additional direction to staff as to the information to be provided
for the City Council prior to the January study session.
34. TIDELANDS TRUST AND SENATE BILL 573.
Action: Adopt Resolution No. 98 -_ transferring, conveying, and quitclaiming 11
properties, parcels and/or waterways to the City itself in its capacity as
Trustee of the Tidelands Trust.
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.
SPEAKERS MUST LIMIT REMARKS TO 5 MINUTES ON AGENDA ITEMS.