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HomeMy WebLinkAbout06/09/1997 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 9, 1997 - 7:00 p.m. INDEX ADJOURNED REGULAR MEETING (Study Session) - 3:00 p.m. - See separate minutes. CLOSED SESSION - 5:30 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:25 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member Hedges. Invocation by Reverend David Comegys, St. James Episcopal Church. • Presentation by Phil Glasgow, Parks, Beaches and Recreation Commission, of the Annual Community Service Awards to Art Gronsky for his leadership role in the Newport Harbor Nautical Museum and involvement with Clean Harbor Day, the Sea Scout Base and the Christmas Boat Parade; Bette Moses, for her diligent care of the dolphin topiaries in the medians in Corona del Mar; and Dr. John F. Skinner and Nancy Thorne Skinner, for their leadership role in preserving the water quality of the bay. Presentation of awards to finalists in the EQAC Poster Contest. Motion by Mayor Pro Tem. Edwards to waive reading of the minutes of the Regular Meeting of May 27, 1997, approve as written and order filed; and to waive reading of the ordinances and resolutions under consideration and direct the City Clerk to read by titles only. Hearing no objection, the motion was so ordered. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): • Council Member Noyes requested that the Balboa Island bulkhead repair be added to the budget checklist for consideration. • Council Member Noyes requested that Comcast be contacted about updating • the televised list of boards, commissions, and committees. • Council Member Noyes requested that staff provide a report on how many Volume 51 - Page 281 City of Newport Beach City Council Minutes June 9, 1997 INDEX • times contractors collect cost overruns on construction • Council Member Glover stated that on May 27, 1997 the Council directed that an ad hoc committee be established on the Santiago Drive issues and a report be brought back to Council within 30 days. She noted that it is already two weeks into the 30 days and the committee has not been formed yet. • Council Member Hedges requested that the City Council take up a review of screen plantings and fences extending in the front yard setbacks of residences which abut public parks because of the privacy issues involved. • Council Member Hedges requested that staff amend Council Policy A -6 with respect to how the City Council agenda is put together and refer it to the Legislative Committee for review. He suggested that staff estimate times on every item. • Council Member Hedges stated that he has received some complaints about the management of the daily surf report provided. via telephone. He said the Harbors and Beaches Committee can take up this issue to see how the program is managed and whether it is being managed to the satisfaction of the users, or if it is a service the City should provide given the private services available. • Council Member Hedges requested that staff review the residential construction on the peninsula as it pertains to setbacks and access design standards for ten -foot and t -alley situations. Staff was requested to bring back the appropriate code changes to address the design standards. Mayor Debay said she would like the Council to consider making the School Liaison Committee an ad -hoc committee that will be called on based on issues and districts. She said the current committee consists of herself, Council Member Glover as Chair, and City Manager Murphy. She said there is currently an issue with crossing guards in Council Member Thomson's district and he has requested to serve on the committee. Mayor Debay reported on several events she attended over the weekend: the Corona del Mar 5K run, a Balboa Coves Association meeting related to their undergrounding /paving project and the purchase of property for a neighborhood park, the Balboa Island Pride Parade, and the opening day of the Balboa Bay Club. She acknowledged and thanked everyone involved in these activities. Mayor Pro Tem Edwards addressed a letter of complaint the Council received regarding the alcohol -drug facility located in a residential neighborhood on Vista Bays, which is alleged to be operating without permits. He said he would like a report back on this issue, however it may ultimately need to be referred to the Planning Commission for review. • Mayor Pro Tern Edwards requested an informal or oral report on the blackball issue. Mayor Debay reported that this issue has been agendized at Volume 51 - Page 282 City of Newport Beach City Council Minutes June 9, 1997 • the Harbors and Beaches Committee level. INDEX • Council Member Thomson said he would like to see a review of the process by which the City selects consultants and determines how much they are paid. • Council Member Thomson stated that the beaches are dirtier than they should be and there is a problem with littering. He suggested that the City have a secondary level of empowered non -sworn officers who can police the beaches and give tickets for littering. For immediate relief he requested that the Council recommend to Chief McDonell that a push be put on patrolling the beaches during the summer months. • Council Member O'Neil requested that staff work. with Comcast to see if the Council lights can be filtered, etc. so they aren't so bright and glaring. CONSENT CALENDAR ORDINANCE FOR INTRODUCTION 1. INTRODUCE ORDINANCE NO. 97 -21 ADOPTING PLANNED Ord 97 -21 COMMUNITY DISTRICT REGULATIONS FOR THE NEWPORT Zoning HARBOR LUTHERAN CHURCH SITE [798 DOVER DRIVE] PCA 860 (Planning Commission Amendment No. 860); and (94) • INTRODUCE ORDINANCE NO. 97 -22 ADOPTING A DEVELOPMENT Ord 97 -22 AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND GPA 95 -2(E) THE NEWPORT HARBOR LUTHERAN CHURCH [798 DOVER PCA 860 DRIVE] (Development Agreement No. 10). Introduce Ordinance Nos. (45/94) 97 -21 and 97 -22; pass to second reading; and schedule the following items for public hearing on June 23, 1997: General Plan Amendment No. 95 -2(E); Local Coastal Program Amendment No. 47; Amendment No. 860; and Development Agreement No. 10. 2. INTRODUCE ORDINANCE NO. 97-23 ADOPTING CHANGES TO THE Ord 97 -23 UPPER CASTAWAYS PLANNED COMMUNITY DISTRICT Zoning REGULATIONS [Taylor Woodrow Homes, Inc., 900 Dover Drive] PCA 859 (Planning Commission Amendment No. 859). Introduce Ordinance No. (94) 97 -23; pass to second reading; and set for public hearing on June 23, 1997. RESOLUTIONS FOR ADOPTION 3. ADOPT RESOLUTION NO. 97 -44 AUTHORIZING THE TEMPORARY July 4th Temp CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD, St Closings BALBOA BOULEVARD, AND SELECTED FEEDER STREETS Res 97 -44 DURING THE 4TH OF JULY HOLIDAY. (85) 4. ADOPT RESOLUTION NO. 97.45 ACCEPTING THE PARK Hoag Mem • DEDICATION FOR HOAG MEMORIAL HOSPITAL LINEAR VIEW PARK. Adopt resolution accepting the park dedication required as a Hosp Linear View Park (Sunset condition of approval set forth in the development agreement entered into Park) Volume 51 - Page 283 City of Newport Beach City Council Minutes June 9, 1997 • between Hoag Memorial Hospital and the City of Newport Beach recorded on March 23, 1994 in the Office of the County :Recorder for the County of Orange as Instrument No. 94- 0207276; and authorize the Mayor and City Clerk to execute the documents for the park acceptance in the Office of the County Recorder for the County of Orange. The motion carried by the following roll call vote: Ayes: Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: O'Neil 5. ADOPT RESOLUTION OF INTENTION NO.97 -- SCHEDULING A PUBLIC HEARING TO CONSIDER THE GRANTING OF NON- EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO TWO PRIVATE SOLID WASTE HAULERS - COAST WASTE MANAGEMENT, INC., AND EAGLE SERVICES. INTRODUCE ORDINANCE NO. 97- GRANTING NON- EXCLUSIVE SOLID WASTE FRANCHISES TO COAST WASTE MANAGEMENT, INC., AND EAGLE SERVICES (contd. from May 27, 1997). Continue to June 23, 1997. • 6. ADOPT RESOLUTION NO. 97 -46 DECLARING THAT WEEDS AND OTHER NUISANCES EXIST AND SCHEDULE A PUBLIC HEARING REGARDING THEIR ABATEMENT FOR JULY 14, 1997. 7. ADOPT RESOLUTION NO. 97 -47 AUTHORIZING THE RECYCLING SURCHARGE TO BE SET FOR FY 1997 -98 AT $1.28 PER MONTH PER RESIDENTIAL UNIT EFFECTIVE JULY 1, 1997 AND RESCINDING RESOLUTION NO. 96-38. 8. ADOPT RESOLUTION NO. 97 -48 CONDITIONALLY SUPPORTING THE EVALUATION OF THE RESTRUCTURING ALTERNATIVES OF COASTAL MUNICIPAL WATER DISTRICT AND MUNICIPAL WATER DISTRICT OF ORANGE COUNTY. CONTRACTS AND AGREEMENTS 9. Removed from the Consent Calendar by Council Member Glover. 10. RENEWAL OF AGREEMENT WITH HAZELRIGG RISK MANAGEMENT SERVICES, INC. (HRMS) FOR WORKER'S COMPENSATION (WC) CLAIMS ADMINISTRATION SERVICES (CONTRACT NO. 3040). Approve renewal of the agreement for July 1, 1997 - June 30, 1998 at the existing cost of $127,500 (0% increase), and authorize the City Manager to execute the addendum to the existing • agreement. The motion carried by the following roll call vote: Volume 51 - Page 284 I 97 -45 C -3095 (38) No report 1997 -98 Weed Abatement Program Res 97 -46 (41) Recycling Sur - Charge/Fee Res 97 -47 (40/44) Orange County/ Coastal & Muni Water Districts Res 97 -48 (54) Hazelrigg Risk Mgmt/Workers Comp Claims C -3040 (38) • City of Newport Beach City Council Minutes June 9, 1997 Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: Edwards 11. BIRCH STREET OVERCROSSING AT STATE ROUTE 73 (CORONA DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) (CONTRACT NO. 2931) AND APPROVAL OF BUDGET AMENDMENT (BA -050). Award Contract No. 2931 to Heritage Engineering Construction, Inc. of Ontario, California for the total bid amount of $1,438,686.06, and authorize the Mayor and the City Clerk to execute the contract on behalf of the City; establish an amount of $140,000 for unforeseen work and changed conditions; approve a Professional Services Agreement with CRSS Constructors, of Irvine, California, for construction management, inspection, surveying and materials testing for a contract price of $224,360; authorize a budget amount of $28,500 for construction consultant services as follows: Willdan for civil engineering - $20,000 and Project Management - $8,500; and approve budget amendment in the amount of $316,000 from unappropriated Circulation Improvement and Open Space Agreement funds to Account No. 7432- C5100065. 12. CITY -WIDE ADA CURB ACCESS RAMPS AND BUS STOP IMPROVEMENTS (CONTRACT NO. 3129) AND APPROVAL OF BUDGET AMENDMENT (BA -049). Approve the plans and specifications; award Contract No. 3129 to West Coast Construction for the total bid price of $226,428.75, authorize the Mayor and the City Clerk to execute the contract, and establish an amount of $22,600 for construction testing and unforeseen work; and authorize budget amendment to increase revenues to the SB 821 Fund in the amount of $16,738 and appropriate this same amount to Account No. 7283- C5100349; and increase revenues to the Contributions Fund in the amount of $19,140 and appropriate this same amount to Account No. 7251- C5100349. 13. EASTBLUFF PARK SIDEWALK REPLACEMENT (CONTRACT NO. 3138). Approve the plans and specifications; award Contract No. 3138 to Keiter Corporation for the total amount of $26,317 and authorize the Mayor and the City Clerk to execute the Contract; and establish an amount of $2,500 for construction testing and unforeseen work. 14. AWARD OF CONSTRUCTION CONTRACT FOR BIG CANYON RESERVOIR PIPING MODIFICATIONS (CONTRACT NO. 3110). Approve the plans and specifications; award Contract No. C -3110 to Atlas - Allied, Inc., of Anaheim in the amount of $174,600, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $15,000 for testing and unforeseen conditions. 15. AWARD OF CONSTRUCTION CONTRACT FOR 30 -INCH WATER TRANSMISSION MAIN REPLACEMENT IN ]EAST COAST HIGHWAY • (CONTRACT NO. 3125). Approve the plans and specifications; award Contract No. C -3125 to Trautwein Construction of Fontana in the amount of $220,020 and authorize the Mayor and the City Clerk to execute the Volume 51 - Page 285 Birch St Overcrossing C- 2931(38) BA -050 (40) City -Wide ADA Curb Ramps & Bus Stop Imp C -3129 (38) BA -049 (40) Eastbluff Park Sidewalk Replace C -3138 (38) Big Canyon Reservoir Piping Mod C -3110 (38) 30" Water Transmission Main Replace/ East Coast Hwy City of Newport Beach City Council Minutes June 9, 1997 INDEX • contract; and establish an amount of $22,000 for testing and unforeseen C -3125 conditions. (38) 16. AWARD OF CONSTRUCTION CONTRACT FOR UTILITIES YARD Utilities Yard SITE AND BUILDING IMPROVEMENTS - PHASE II AS PART OF Site/Bldg Imp THE GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. Phase 11 3004 -DD). Approve the plans and specifications; award Contract No. C- Groundwater 3004 -DD to Metro Builders and Engineers Group Ltd., of Santa Ana in the Dev Project amount of $1,540,111 including additive bid items and authorize the Mayor C- 3004DD and the City Clerk to execute the contract on behalf of the City; establish an (38) amount of $136,000 for unforeseen conditions; authorize the Mayor and City Clerk to execute a Professional Services Agreement on behalf of the City with Engineering Resources of Southern California, Inc. to provide construction management services for the Utilities Yard Site and Building Improvements - Phase II project for a total fee of $75,940; and authorize the Public Works Director to execute a Professional Services Agreement on behalf of the City with DMA Engineering to provide construction staking services for the Utilities Yard Site and Building Improvements - Phase II project for a total fee of $29,500. 17. MACARTHUR BOULEVARD WIDENING - SEGMENT 2 (CONTRACT MacArthur Blvd NO. 2825 -F) AND APPROVAL OF BUDGET AMENDMENT (BA -051). Widening Award Contract No. 2825(F) to the low bidder, Griffith Company, for the total Segment 2 corrected bid amount of $5,167,037.50; and authorize the Mayor and the City C- 2825 -F (38) • Clerk to execute the contract; establish an amount of $516,700 for unforeseen BA -051 (40) work and changed conditions; approve a professional services agreement with the following listed consultants and authorize the Mayor and City Clerk to sign the agreements: Deist - Binsfield, Inc. for Construction Management and Inspection in an amount of $348,235, AGRA Earth and Environment, Inc, for Geotechnical Field Services and Materials Testing in an amount of $50,661, LSA Associates, Inc. for Archaeological and Paleontological Resources Monitoring in an amount of $33,000, Robert Bein, William Frost & Associates for Civil Engineering and Surveying Support and Quality Assurance in an amount of $24,900, and Gail P. Pickart, P.E. for Project Management Services in an amount of $55,400; and approve Amendment No. 4 to an Agreement for Professional Engineering Services with Robert Bein, William Frost and Associates in an amount of $85,166 for Segment 2 design changes; and approve Budget Amendment (BA -051) to increase revenues to the Contributions Fund in the amount of $150,000 and appropriate this same amount to Account No. 7253- C5100066 and appropriate $1,000,000 from the CIOSA fund reserves to Account No. 7431- C5100066. MISCELLANEOUS ACTIONS 18. PLANNING COMMISSION AGENDA FOR JUNE 5, 1997. Planning (68) 19. 1998 EQAC CALENDAR. Approve the proposal of the Environmental 1998 EQAC Quality Affairs Committee (EQAC) to produce a 1998 calendar and to solicit Calendar (24) • sponsorship from local businesses to fund the project. Volume 51 - Page 286 City of Newport Beach City Council Minutes June 9, 1997 • 20. MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (9 & 20); AND TO NOTE THE RECORDING OF ABSTENTIONS REGISTERED BY COUNCIL MEMBER O'NEIL (Item 4) AND MAYOR PRO TEM EDWARDS (Item 10). HEARING NO OBJECTION, THE MOTION WAS SO ORDERED. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. ORANGE COAST MAREETING COALITION AGREEMENT. City Manager Murphy explained that this item has been under review for about two years by the Harbors, Beaches and Parks Committee and the Finance Committee. The City was approached by the County of Los Angeles regarding the formation of a coalition of cities to undertake a marketing program. The County of Los Angeles has done this for a number of years in terms of signage, uniforms, vehicles, etc. in which they are approached by the private sector to do advertising and promotions by providing these products or providing advertising in exchange for remuneration for the County. The County of Los Angeles has now approached other agencies such as the County of Orange and Orange County Beaches to see if the agencies can work in a coalition. The agreement provides for the participating • entities to opt out of any particular coalition marketing program and each offer that would come through the County of Los Angeles would be presented to the City Council for review and consideration. Staff is recommending that the City participate in this particular coalition which is estimated to provide approximately $270,000 in additional revenue to the City. He reiterated that the advertising might not necessarily be signage, but could be uniforms for lifeguards, junior lifeguards or vehicles to be used on the beach. He explained that the revenue from this program would most likely be deposited into the General Fund, however the funds could be earmarked for specific programs. In the past the County Harbor, Beaches and Parks District provided approximately $110,000 a year to the City in subsidy for the lifeguard operation serving County residents. When the District's property tax revenue was reduced they subsequently reduced the subsidy to the City as well. This year staff has budgeted approximately $30,000 435,000, which will be phased out after the 1997 -98 fiscal year. Council Member Glover said that she does not support this concept and explained that she feels it is wrong to put advertisements on the beach. She said she doesn't believe that everything in Newport Beach is for sale and the additional revenue is not worth it. Motion by Mayor Pro Tem Edwards to approve in concept the City of Newport Beach joining the Orange Coast Marketing Coalition with the City Council to retain authority to approve each proposal individually. He spoke in support of the concept and noted that the City has already participated in • these kinds of activities. He said there is a potential that these revenues may offset the cost of operating the beaches. Volume 51 - Page 287 INDEX Orange Coast Marketing Coalition Agmnt C -3147 (38) City of Newport Beach City Council Minutes June 9, 1997 • Substitute motions Council Member Hedges to postpone the action on the proposed agreement for one year to allow the City to see how the agreement works with other coastal cities. Council Member Noyes explained the program and noted that the City is very sensitive about this issue. He said the City might very well be able to get free vehicles for the beach. Council Member Hedges explained that the reason he is requesting a delay is to allow other coastal cities to get some experience with this program. He explained that the agreement is an all or none agreement and if the City does not choose to participate in any one particular marketing program, the City would then be precluded from making a separate deal with the sponsor for a program that could work for the City. He said the City should make a policy decision about advertising on the beach prior to joining a marketing coalition. If the policy decision is to allow this type of advertisement on the beach then the City would need to determine if it wants to do so independently or through an existing coalition. He stated that the policy question of whether to permit advertising on the beaches should be considered after holding public hearings on the issue. In response to Council Member Thomson's question about the terms of the contract, City Attorney Burnham explained that the City can give 30 -days written notice to terminate this contract, however the notice of termination • would not apply to existing marketing agreements to which the City would be a party. The substitute motion failed by the following roll call vote: Ayes: Hedges, Glover Noes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay Absent: None Abstain: None Following a reiteration of the concerns and opposition to the main motion, as well as the reasons to support the motion and the concept, the main motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay Noes: Hedges, Glover Absent: None Abstain: None 20. MAINTENANCE SCHEDULE AND COST FOR PUBLIC RESTROOMS (Requested by Council Member Noyes). City Manager Murphy reported that the staff report explains the current practices and means of maintaining the beach facilities. The essence of the • recommendation is that Council authorize staffing of three temporary employees to clean the restrooms at Newport Pier, Balboa Pier, Washington Street and the Corona del Mar Beach during the remaining weeks of June, Volume 51 - Page 288 1 1 GS/Public Restrooms Maintenance (44) City of Newport Beach City Council Minutes June 9, 1997 INDEX • and that they place a high priority on a supplemental budget request from the General Services Department for $20,000 to provide the continued level of staffing from July 1, 1997 to September 8, 1997. Motion by Council Member Hedees to authorize the staffing of three temporary employees to clean on a continuous basis City restrooms located at Newport Pier, Balboa Pier, Washington Street, and Corona del Mar Beach during the remaining weeks of June using the least expensive hiring method; and to place a high priority on a Supplemental Budget request by the General Services Department for $20,000 to provide the above level of staffing at the same locations for the period July 1, 1997 to September 8, 1997. He noted that the staff report indicates that the cleaning crew will be paid $7.28 per hour to clean bathrooms. Mr. Murphy clarified that the intent is to use a temporary employee service, who will pay all of the other benefits (ESI, workers compensation, etc.). Staff was directed to analyze the costs using a temporary agency vs. hiring direct and instructed to use the least expensive method. General Services Director Niederhaus explained that the department will be utilizing three adult males in City uniforms, properly supervised and trained, but the cost for workers compensation, etc. will be covered by the temporary agency. He said the individuals need to be properly trained adults • since they will be in front of the public quite often. He reported that currently the minimum wage is $4.75, however in September it increases to $5.15. Mayor Debay voiced concerns with giving men access to women's restrooms and stated that there should be some kind of screening and fingerprinting involved in the application process. Council Member Glover voiced concerns with hiring these people because they'll be wearing uniforms and will look official, so there will be assumptions that they can answer questions from tourists. She said it will give the City a tremendous amount of liability that the City currently does not have. Council Member Noyes said that he asked for this report to ascertain how much the City is spending, how often the restrooms are cleaned, and how many personnel are on -site. He asked whether the City has a private bid for these services or if one has been solicited. Mr. Niederhaus reported that the $129,000 is for cleaning all of the public restrooms, not just the five highlighted in the report. He said he believes staff has proper direction to seek out the least expensive way to handle this and to make sure that the people are properly trained. He said they will be working in areas where there are back -up personnel on the beach that they • can refer the questions to or make contact with. Council Member Noyes said he thinks the City should obtain bids from Volume 51 - Page 289 City of Newport Beach City Council Minutes June 9, 1997 11Z • private janitorial service to provide these services, as well as to provide all of the building maintenance services. City Manager Murphy explained that if the City were to go through that process they would be required to meet and confer with the employees association because there are positions that are represented in this area. Mr. Niederhaus reported that all of the major areas except for the Community Service areas which has a varied. schedule are cleaned by private companies. At the present time $50,000 per year is spent from the General Services budget for cleaning of buildings, however Police and Fire/Marine Departments pay for their own maintenance separately. Council Member Noyes said that another problem that needs to be addressed is the closing of the restrooms and questioned what time they are closed. He stated that the restroom on the Balboa Island side of the ferry is a particular problem. Mr. Niederhaus said that due to increased vandalism when the restrooms were closed, they are now left open. He explained that the restroom near the ferry is part of the ferry lease. The lessee does the major maintenance, and the City provides the cleaning. He said there are two restrooms at the adjacent Beek Community Park that are closed. and have been closed for some time. He said that staff recognizes the problems and noted that the • maintenance on the ferry restroom has been defeiTed for quite some time. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Noyes, Mayor Debay Noes: Glover Absent: None Abstain: None PUBLIC COMMENTS Public Works Director Webb announced that on Thursday, June 12, 1997 at approximately 11:00 p.m. the City will begin some fire hydrant flow testing at various locations (primarily the peninsula, the West Newport area, Balboa Island, Harbor Island, Bay Island, Newport Island, and portions of Bayside Drive). The testing will take 3 -4 hours and during that time frame there may be some colored water, especially in the peninsula area, however it should be settled out by noon the next day. He said there are no health hazards involved, however he encouraged residents to run their water on Friday morning and make sure it is clear before washing clothes so there is no discoloration/damage to their clothes. Mayor Debay suggested that this information be provided to the newspapers. Council Member Hedges suggested that the community associations be • notified as they already have notification methods in place and can possibly assist. Volume 51 - Page 290 City of Newport Beach City Council Minutes June 9, 1997 • Bob Small, 401 -39th Street, voiced concerns with problems in the 100 block of 39th Street and asked for the City's assistance with this area. He voiced his concurrence with the concerns raised about allowing advertising on the beach. Regarding the restroom cleaning situation, he questioned why staff doesn't know the cost of cleaning the facilities. • Helen Wick, President of the Balboa Island Improvement Association, on behalf of the Association, the Little Island Property Owners Association and the Business Association on Balboa Island, thanked the council who took part in their "Celebrate Balboa Island Parade" and to City Manager Murphy for his help in meeting and greeting dignitaries. PUBLIC HEARINGS 21. ORDINANCE NO. 97 -20 AMENDING TITTLE 20 OF THE NBMC PROHIBITING CONDOMINIUM DFZEVELOPMENT AND CONDOMINIUM CONVERSIONS IN THE R•4.5 DISTRICT ( BALBOA ISLAND AND LITTLE BALBOA ISLAND) (PLANNING COMMISSION AMENDMENT NO. 853). Planning Director Patty Temple reported that this item came before the City Council approximately one year ago as a result of concerns with a specific condominium conversion proposed on South Bay :Front on Balboa Island. As the result of those concerns the City Council adopted an interim urgency • ordinance establishing a moratorium for condominium conversions in the R- 1.5 District for Balboa Island and Little Balboa Island. A committee of Balboa Island property owners was formed to study the issue of condominium conversions and condominiums on the island residential properties and as a result they came forward with a recommendation to the City to adopt an ordinance to prohibit such development. The ordinance was reviewed by the Planning Commission and recommended for approval by a unanimous vote. City Attorney Burnham distributed copies of proposed findings that the Council should approve if the ordinance is adopted. He said that the proposed findings mirror the information in the staff report and will provide additional criteria in the event there are any legal challenges to the ordinance. Mayor Debay opened the public hearing, and since no one approached the podium to testify, the hearing was closed. Motion by Mayor Pro Tern Edwards to adopt Ordinance No. 97 -20 and approve the additional findings. Council Member Hedges noted that no one has ever been able to explain the reason for the additional two unit density on Balboa Island with a 1.5 floor area ratio (FAR) and the same building height and mass setback envelope as is anywhere else in the City. He explained that you can have two units on Balboa Island with a structure that looks the same as one on the peninsula but because of the reduced floor area ratio the building has to be hollow. He Volume 51 - Page 291 Ord 97 -20 Zoning PCA 853 (94) City of Newport Beach City Council Minutes June 9, 1997 • said buildings have been constructed that way with a clear story area and then they have been illegally converted. He said that allowing a 2.0 FAR in return for a single family building would reduce density by half. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 22. PUBLIC HEARING ON THE PRELIMINARY BUDGET FOR THE 1997 -98 FISCAL YEAR PURSUANT TO SECTION 1102 OF THE NEWPORT BEACH CITY CHARTER; AND SETTING THE CITY S APPROPRIATION LIMIT FOR THE 11997 -98 FISCAL YEAR PURSUANT TO ARTICLE 13B OF THE STATE CONSTITUTION. City Manager Murphy reported that staff made a presentation on some of the major issues in the budget at a study session held at 3:00 p.m. and the Council created a checklist of items. The City is required by the Charter to hold a public hearing and then pursuant to Article XIIIB of the State Constitution the Council must establish an appropriations limit. He said staff has done the calculations and noted that the City is under the Gann • limit by $20 million. CAPITAL IMPROVEMENT BUDGET REVIEW: Pape 47, Doe Nuisance Dispensers and Signave - In response to questions raised by Council Member Hedges, City Manager Murphy explained that earlier this year the City Council instructed staff to include this item in the budget. He said the supplemental budget request; is for the expansion of the program to two additional locations. Page 51, Lincoln Athletic Center - Council Member Hedges noted that the school district is telling the City that they need fair market rent for their facility, therefore he suggested that staff talk to them about fair market cost for the crossing guards. Mr. Murphy explained that this budget request is to reset an athletic field light pole. He pointed out that the lease the City has with the school district is both for the grounds and the gymnasium and the key part that is being negotiated at this point is the use of the gymnasium. He said the City is granted the use of the fields at no cost, however due to maintenance costs there is a charge for the use of the gymnasium. He said the current lease has expired and the City needs a gym on that side of town for the programs that they operate. He said there has been some discussion at the Finance Committee related to Eastbluff and the Boys and Girls Club and the • Committee indicated that they want staff to pursue making better use of that facility. Volume 51 - Page 292 INDEX 1997 -98 FY Prelim Budget/ Appropriations Limit Res 97 -49 (40) City of Newport Beach City Council Minutes June 9, 1997 V4DEX • Council Member Glover reported that the Finance Committee discussed the possibility of the school providing the activities that the City now provides, which currently costs $12,000 for the use of the facility and is estimated to increase to $32,000. Another possibility is the use of the Boys and Girls Club at Eastbluff since the building belongs to the City and the lease has expired. If the City has to pay $32,000 to the School District, she questioned whether the City should go to the Boys and Girls Club since the City owns the building and does not use the gymnasium, and ask them to fund the City's use of the local school ($32,000). Mr. Murphy stated that there is a provision in the agreement with the Boys and Girls Club that has been there for 25 years that permits the City to have joint use, however it has never been exercised. He said one option is to take over the Boys and Girls Club facility, however that was not pursued but joint use was. He said that it now appears that the school district is not going to use the Lincoln School gymnasium for classrooms, consequently the lease will be able to be extended. Mayor Debay reported that she and Council Member Noyes visited the Boys and Girls Club and suggested that Mayor Pro :rem Edwards and Council Member Glover also look at the facility and meet, with the person that runs the program. She said they were in favor of using the facility until they found out that it was serving after school programs for children in Newport Beach. • Page 67 - 800 mhz ($413.782) - In response to concerns raised by Council Member Hedges, Mr. Murphy explained that these installments are only for the public safety portion, the Public Works purchase list has not been finalized and before anything is purchased it will come back to Council for approval. He noted that this is a portion of a five -,year financing plan for this part of the project and the Public Works part is at the end of the installation. Pace 71 - Peninsula Park Irrigation and Field Renovation - In response to Council Member Hedges, Mr. Murphy reported that the sprinkler heads are set low in this park so if the park is used for more active sorts of recreation the City may incur some potential liability, which is part of the reason for undertaking this project. He said the original request was for $300,000 and it has been cut in half. General Services Director Niederhaus explained that the project will be done in -house with City staff. He said staff feels that this upgrade must be done before AYSO can use the field. The original $300,000 would have had the work done by private contract. He noted that it is very difficult to keep turf up in the beach areas since it deteriorates in about five years. Page 129 - Oil Field Improvement Program - Council Member Hedges noted that the budget item is for $150,000 with another $800,000 to be spent in future years and questioned whether the money comes from the revenue • from the wells. Public Works Director Webb explained that the City operates 16 wells and Volume 51 - Page 293 City of Newport Beach City Council Minutes June 9, 1997 110 1) • the $800,000 is a four year program for materials, labor, etc. to keep the system running. Part of the funding this year will be for a geological report to determine if production can be improved. He said several private concerns have approached the City about operating some of the wells and possibly re- drilling them in order to increase production. He said the total operating expenses for the wells is approximately $313,000 and revenues are about $700,000. Mr. Murphy noted that the budget detail provides for an electrical panel in addition to the review to see if there is the ability to generate additional barrels per day. Council Member Hedges said he thinks the City should be looking at selling the operation. He said the City has never seriously considered selling the operation to a private operator and perhaps the sale of the operation may bring enough money where the money can be put in the bank at 5 -1/2% and gain more net revenues than are earned now. Ile said he's not sure this is an area the City should be involved in, therefore requested that this item be added to the budget checklist. He also suggested that this program be run as an enterprise. Page 99 - Balboa Peninsula Improvement Program - Council Member Noyes noted that there is $304,750 budgeted and when ;you look under the detail it comes under the "other" category. He asked what the money is earmarked • for and whether it has to be spent. Mr. Webb explained that this is primarily the funds that will be used for the various studies and noted that the final budget document will reflect the removal of the Via Lido /32nd Street study. This money will provide for the feasibility studies that are planned and there may be some money to actually begin construction. All of it will be coordinated. with the BPPAC and the public information program. Council Member Noyes pointed out that there is $100,000 budgeted for the Balboa Pier Parking Lot (Page 81) and $125,000 for the Parking Management Plan (Page 87) and asked what the $100,000 will be spent on. Mr. Webb explained that the $100,000 is for the preparation of plans and specs for the parking lot and it comes out of the off - street parking fund. Mayor Pro Tem Edwards made a motion to stop with S -7, take public comments and then continue the discussion on the Capital Improvements on June 23, 1997. It was explained that there would only be one more page after S -7 to review in order to complete the review of the Capital Improvement budget. Page 133 - Fire Department Office Centralization_ - Council Member Hedges requested that this item be added to the budget checklist. • Mayor Debay explained that this is the redesign of the City Attorney and Fire/Marine Offices and relocation of the conference room to the first floor so Volume 51 - Page 294 City of Newport Beach City Council Minutes June 9, 1997 • it is accessible to the bandit II 1 Pa Lye 183 - Automated Fuel System - General Services Director Niederhaus explained that this a recommendation from the fleet report. He said that currently all the fuel tickets from the five locations are manually entered by a clerk who spends 3 -4 hours per day inputting the information. He said that this system will link all of the sites together and will report directly into the computer. He said this program has been delayed for seven years. Frances Bury, 106 Via Undine, said her first problem was with the inclusion of the Via Lido /32nd Street project since she knew it had been eliminated (page 99). On page 211 (widening of Newport Blvd. between 30th and 32nd Street), she questioned whether Newport Boulevard is an arterial highway. On page 10 of the Resource Allocation Plan, she said that it states that during 1997 -98 a key goal will be to study, review, consider and implement actions in the BPPAC plan. She said that it appears as if the BPPAC plan will be implemented and the property owners haven't agreed to the plan yet. Mr. Webb explained that Newport Boulevard is on the circulation system as a major arterial between 28th Street and the freeway. Council Member Hedges explained that no money is being spent on implementation of the BPPAC recommendations, however it is being spent on studies. • Council Member Noyes said he doesn't see the value in the widening project between 30th and 32nd Street. He noted that the addition of one lane will cost $1,137,000 and it will affect three businesses just so people can get off the peninsula a little quicker on Sunday afternoons in the summer. He requested that this item be added to the budget checklist. Motion by Mayor Debav to adopt Resolution No. 97 -49 determining and establishing an Appropriations Limit for FY 1;997 -98 in accordance with Article XHIB of the California Constitution and Government Code Section 7910; and to direct staff to prepare a resolution for the Council Meeting of June 23, 1997 to adopt the 1997 -98 Fiscal Year Budget. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Council Member Hedges reported on a number of policy issues the Council should take up: 1) a review of the reserve policy for appropriateness and for definition of uses of a stabilization fund reserve; 2) re- entering the Orange County pool; 3) a review of what the City will do with it's portion of the $280 • million proposed to be returned to cities; 4) the increased sewer fees and whether they are subject to Proposition 218; and 5) the dramatic spikes in capital expenditures at the end of the year. He referenced pie charts in the Volume 51 - Page 295 • • • City of Newport Beach City Council Minutes June 9, 1997 Resource Allocation Plan and charts for easier reading. CONTINUED BUSINESS 23. BOARD AND COMMISSION VACANCIES - CONFIRMATION OF NOMINEES. Mayor Debay provided a report from the ad -hoc; Appointments Committee and announced the nominees as listed. Board of Library Trustees (1 Vacancy - Jackson) Jay McGoodwin and Norm Loats. City Arts Commission (4 Vacancies - Fouladi, Anderson, Brubaker, & Coon) Hector Godinez, William Valentine, Kathy Harrison, Roberta Jorgensen, Pat Brubaker and Roya Fouladi. Civil Service Board - (1 Vacancy - Bromberg) Steve Bromberg and Doug Wood. Parks, Beaches & Recreation Commission (2 Vacancies - Compton & Demmer) Paul Lessler, Val Skoro, Marilee Stockman, and Don Pfaff. Planning Commission (2 Vacancies. Selich and Kranzley) Larry Tucker, James Anderson, Ed Selich, and Michael Kranzley. Motion by Mayor Pro Tern Edwards to confirm the foregoing nominations; appointments to be made on June 23, 1997. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 24. CITY OF IRVINE SPHERE OF INFLUENCE BOUNDARY ADJUSTMENT WITH CITY OF NEWPORT BEACH. City Manager Murphy said that the recommendation is that the Council receive and file the report and provide further direction if needed, but withhold any final action until the meeting is held with the City of Irvine. Volume 51 - Page 296 Bd/Comm Vacancies (24) Sphere of Influence (21) City of Newport Beach City Council Minutes June 9, 1997 R4DEX • Assistant to the City Manager Ducey reported that on May 12, 1997 the Council directed staff to send letters to the City of Irvine and LAFCO expressing the City's position and asking that I.A.YCO delay any decision on this reorganization for 45 days. LAFCO has indicated that they will delay any action until they hear from the City as to what it's final position is on this issue. Staff was also directed to continue to study Area 26(A) and to pursue further discussions with the City of Irvine regarding this area, therefore a meeting has been scheduled with the City of Irvine for June 26, 1997. Staff was also directed to return with entitlement information, tract maps if available, and a fiscal impact analysis. The map included in the report includes all of the tentative tract maps that are already finalized for that area. In terms of the fiscal impact analysis, Ms. Ducey explained the way that staff looked at the service cost impacts :for the area and noted that if build -out in Bonita Village is looked at on a per capita cost, there would be a deficit in that area. If you only look at incremental costs for Bonita Village there would be a net recurring surplus for that; area. The main revenue sources for the Bonita Village area are property and sales tax followed by motor vehicle in -lieu fees, state gas taxes and charges for other services. She explained that the maps provided include entitlement information for each of the tracts, as well as what has actually been approved for that area. Council Member Thomson referred to a map he made and noted that the actual land mass that the City might pick up in the annexation of the downcoast is a tremendous amount (17 -18 %), as well as an increase in • population by about 9,000- 12,000 people. He said that in Bonita Village there are over 1000 high density apartments and 309 attached single - family homes and it seems like the cost of services per capita in a high density apartment situation would be more than in a spread out area like much of Newport Beach. Ms. Ducey stated that high density residential living usually requires more public safety services than detached residential and the fiscal impact model can be looked at in two ways. The first is the per capita formula, which is a standard way of looking at it, however if annexation is a consideration a detailed analysis would be required. For example, for the Newport Coast area the fiscal impact model used a per capita cost but then the Police Department also looked at what would actually be developed in terms of hotels, etc. and the per capita costs were compared with the true costs of services based on specific development. Council Member Thomson said he thinks the 1000 high density apartments along MacArthur should be factored into the model, since most of the units will not be sold. He said apartment units usually stay static, therefore the City will not be collecting ad valorem taxes on them so the increase would only be 2% per year and the cost of servicing the units would go up more than that per year. Ms. Ducey reported that The Irvine Company has not decided if the high • density housing will be apartments or condominiums that will be sold to individual property owners. Volume 51 - Page 297 City of Newport Beach City Council Minutes June 9, 1997 • Motion by Council Member Thomson to direct staff to continue to study Area 26A, pursue further discussion, and to return with entitlement information, tract maps, and a fiscal impact analysis. Council Member Glover voiced concerns about the incremental financial data. She said she tried to figure out unit costs by looking at the data and noted that at some time she heard that a home has to be worth more than $350,000 before it pays its way. She said she would not be interested in taking this as a package with downcoast and said the areas should be considered separately. She said she doesn't know why the City would want to bring in an area with a lot of apartment houses, etc. Ms. Ducey explained that in doing the analysis an assumption was made that the City probably would not look at annexing Bonita Village without pursuing Newport Coast, however if the City were to only look at Bonita Village annexation alone it would be appropriate to use the per capita cost. She said staff looked at folding in Bonita Village into the service delivery system of the entire Newport Coast. Motion by Council Member Thomson to call for the question. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay • Noes: None Absent: None Abstain: None The motion on the action carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 25. REVIEW OF CITY COUNCIL POLICY F -19, VOICE MAU, GENERAL POLICY (Requested by Council Member Glover). Assistant to the City Manager Ducey explained that at the May 27, 1997 Council meeting Council Member Glover requested that staff review the current voice mail policy and come back with an analysis and recommendation. Specifically the concern mentioned was the lack of some telephone lines in the City being answered by a lave human voice. She said staff reviewed the policy and felt that if it were expanded and made clearer some of the problems that have been experienced in some of the departments • may be able to be headed off. In the revised policy staff has added verbage to state that all of the general City telephone lines must be answered by a live human voice, there needs to be an assigned receptionist for those lines with Volume 51 - Page 298 I1Z 1 Council Policy F -19 (69) City of Newport Beach City Council Minutes June 9, 1997 • a back -up person to answer the phones in the receptionist's absence. General telephone lines are those public published lines for each City department. The issue of returning messages through voice mail was also expanded. She said that callers will only be transferred to voice mail if they consent. Motion by Mayor Pro Tern Edwards to approve the revisions to Council policy F -19 as proposed. Council Member Hedges moved to amend the motion to delete the entire paragraph of the policy entitled "Background." He said he thinks the background paragraphs are unnecessary and don't do anything to implement the policy. The amendment to the motion died for lack of a second. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Council Member Hedges requested that staff develop a policy on email with an extensive background section. • City Attorney Burnham reported that staff has drafted an email policy that will be circulated to the department directors in the context of the proposed overall employee policy manual. 26. CONSIDERATION OF THE APPROVAL OF MODIFICATION NO. 4555 BY THE MODIFICATION COMMITTEE. City Manager Murphy explained that at the Council meeting of May 27, 1997 the Council called up for review Modification No. 4555. He said it was his understanding that the modification has now been resolved, therefore action is required by the Council to withdraw the call -up of that item and accept the action of the Modification Committee. Motion by Council Member Thomson to accept the action of the Modification Committee based upon the revised plans submitted to staff and to withdraw the request for a public hearing on this matter. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • MOTION FOR RECONSIDERATION - None Volume 51 - Page 299 10 1 ` Mod 4555 Zoning (94) • • • City of Newport Beach City Council Minutes June 9, 1997 10:10 P.M. * * * * * * * * * * * * * * * * * * * 7: * * The agenda for the Regular meeting was posted on June 4, 1997 at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �' °/• %UGC Recording Secretary li / /®7LrU. M, , wal2� City Clerk M o Volume 51 - Page 300 1►11 FIFO