The URL can be used to link to this page

Home My WebLink About02/08/1993 - Regular MeetingCITY OF NEUONT BEACH COUNCIL MEMBERS MINUTES RECUL&R COUNCIL NESTING PLACE: Council Chaabers S' t DATE: February, 8, 1993 CALL Pot Motion All Ayes Motion All Ayes • CI Jim Dale, Vice- President of the City's Sister City Committee, introduced six members of the delegation visiting from Okazaki, Japan, one of the City's Sister Cities. Mayor Turner extended greetings to the group and a gift exchange followed. x] xf x1 x1 x1 .xi ROLL CALL x x Reading of Minutes of Regular Meeting of January 25, 1993, was waived, approved as written and ordered filed. Reading in full resolutions under and City Clerk was only. PUBLIC HEARINGS PUBLIC COMNSNTS of all ordinances and consideration was waived, directed to read by titles None. Mayor Turner read into the record the following press release relative to the sexual harassment lawsuits: "The City Council in executive session discussed the current status of our settlement offers in the Ruetz vs. the City of Newport Beach and Heinzel vs. the City of Newport Beach lawsuits. These lawsuits are the legal matters now facing the City as a result of the allegations of sexual harassment and discrimination in the Police Department. "Today the Council received word that the plaintiffs' attorneys in this matter have rejected our settlement offer totalling $387,000 to the 10 plaintiffs and instead are seeking a total of $3,545,000. We are disappointed in this counter offer and intend now to focus our attention on defending ourselves in this lawsuit. "Any further questions on this matter should be directed to me or our City Manager." 2. Tamara Mason and Lisa McClanahan of the Bayview NOW Sexual Harassment Task Force, addressed the Council regarding the actions taken by the City concerning the sexual harassment lawsuits against Arb Campbell and Tony Villa of the Newport Beach Police Department. They emphasized the need for anti - sexual harassment training programs within the Police Department and indicated they "will not go away until they see that an effort has been made in this regard." A letter was also read (but not submitted), listing seven issues they would like the Council to consider. It was stated that the subject letter will be sent to the City Manager. Volume 47 - Page 18 Sexual Harassment Bayview NOW Motion All Ayes :7 0 COUNCIL MEMBERS X IN CITY OF NEWPORT BEACH February S, 1993 3. Howard Silver, merchant on Balboa Island and owner of Family T's and Balboa T- Shirt Company, addressed the Council regarding merchandise being sold in front of M. Guinn, 325 Marine Avenue. He stated that he does not object to store items being displayed outside, but thinks actual selling of goods in front of the owner's store property creates a nuisance and congestion, and requested the City take whatever steps are necessary to eliminate this problem. Council Member Watt advised that Code Enforcement has already been out to the site, and that she will discuss this further with the Planning Director with the hope of possibly modifying the current enforcement policy. CONSENT CALENDAR The following items were approved, except for those items removed: RESOLUTIONS FOR ADOPTION 1. Removed from the Consent Calendar. MINUTES INDEX Balboa T- Shirt Co. 2. Resolution No. 93 -5 adopting 1993 Legisla- LEGISLATIVE AGENDA for the City of tion Newport Beach. [Memorandum w /resolution Res 93 -5 from the Deputy City Manager] (48) 3. Resolution No. 93 -6 adopting BOND Assessment INDENTURE which establishes the terms Distil 66 and conditions pertaining to the Res 93 -6 issuance of bonds for ASSESSMENT (89) DISTRICT NO. 66. [Memorandum w /resolution from Finance Director] 4. Resolution No. 93 -7 approving the Traffic/ submittal of an application to the Signal Mnt Orange County Transportation Authority Res 93 -7 for funds under the SIGNAL IMPROVEMENT PROGRAM for a City -wide Signal (85) Coordination project. [Memorandum from the Public. Works /Traffic Engineering Department] Approve cooperative agreement for STUDY OF RECLAIMED WATER SYSTEM INTER -TIE with the Orange County Water District (OCWD), the Irvine Ranch Water District (IRWD) and the City of Newport Beach. [Report from the Utilities Department] 6. Authorize execution of the PACIFIC COAST HIGHWAY /NEWPORT BOULEVARD INTERCHANGE IMPROVEMENT STUDY AND LANDSCAPING PROJECT. [Report from the Public Works Department) Authorize execution of a professional services agreement with Barrett Consulting Group to design the SECTION 5 WASTEWATER LIFT STATION LOCATED ON LITTLE BALBOA ISLAND for a fixed fee of $57,900. [Report from the Utilities Department] Volume 47 - Page 19 0/C Wtr Dist /IRWD Wtr Sys C -2933 (38) PCH /Npt B1 Intrchng Impry Stdy. C - 2886 - (38) - - -- - Wstwtr Lift Sta /LBal Is C -2935 (38) COUNCIL MEMBERS * I wXkX is WE CITY OF NEWPORT BEACH MINUTES February 8, 1993 8. CLAIMS - For denial by the City Manager: (36) Natasha Baker for property damage, as a Bake result of damage to her right front tire on January 17, 1993; alleging lack of upkeep (pot hole) on San Miguel road. Robert E. England for property damage to England tire and wheel as a result of his vehicle running over large pieces of manhole cover at Bison Avenue, west of Camelback Avenue on January 18, 1993. Todd A. Muzi alleging personal injuries Muzi as a result of motorcycle accident on transition ramp, northbound of Route 55 to Newport Boulevard on August 27, 1992. Eric R. Olson alleging his vehicle was Olson impounded in error on December 23, 1992 from Newport Boulevard at Finley Avenue, seeking reimbursement of $91.00. Michelle and Stacy Schaefer alleging Schaefer personal injuries as a result of traffic accident on West Coast Highway, east of North Newport Boulevard on August 9, 1992. STAFF AND COMMISSION REPORTS For Council information and filing: 9. Report from the Planning Department to the City Manager regarding the PLANNING Planning COMMISSION'S AGENDA FROM THE MEETING OF (68) JANUARY 21, 1993. 10. BALBOA ISLAND FIRE STATION PROJECT/ Bal Is Fire CONTRACT NO. 2862 - Accept the Design Sta Development Phase for the construction C -2862 of the new fire Station on Balboa Island (38) and authorize the City Manager to sign a work authorization instructing the Architect to proceed. [Memorandum from the Fire Chief] SPECIAL EVENTS APPLICATIONS - Uphold staff's (27) recommendation to approve the following applications with reports from the Revenue Manager, subject to conditions in the staff report: 11. Application No. 92 -507 - For use of Apl$92 -507 public beach by Blackies Classics Longboard Association for surfing event from 6:30 a.m. to 1:00 p.m., Saturday, March 13, 1.992. 12. Application No. 92 -509 - For use of Apl#92 -509 amplified sound by Bea Lytle and John Ruckens at Galaxy Park on Saturday, May 15, 1993 from 3:00 to 3:30 p.m., for their wedding ceremony. 13. BUDGET AMENDMENTS - For approval: (40) BA -017, $4,000 - Increase in Budget Appropriations to provide for Police Department's Rolling Stock Capital Outlay account to cover additional costs associated with purchasing two vehicles that meet the 1997 air quality standards regulation. Volume 47 - Page 20 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CflLL�```` February 8, 1993 iTu BA -018 Removed from the Consent Calendar. BA -019, $250,000 - Increase in Budget Appropriations to provide for water main replacements in Corona del Mar from • designated fund balance reserves; Water Fund- Capital Projects. BA -020, $900 - Increase in Budget Appropriations to provide for tennis court fencing repairs; Parks, Beaches and Recreation Fund. BA -021, $13,000 - Increase in Budget C -2872A Appropriations to provide for Police (38) Chief executive search services through Ralph Andersen & Associates; Personnel Services Professional & Technical Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR _AReuda Item No. 13. BA -018, $200,000 - Increase in Revenue (40) _ Estimates; Budget Appropriations and Budgetary Fund Balance to provide for Landscape IMPROVEMENTS ALONG PACIFIC COAST HIGHWAY AND NEWPORT BOULEVARD with monies contributed by Hoag Hospital related to the early defeasance and re- issuance of HOAG HOSPITAL DEBT, issued in the City's name. Motion x Motion was made to approve BA -018 with • the deletion of the word "landscape ". Council Member Cox stated he will be voting against the motion as it is his feelings that the subject dollars were intended to be used City -wide and'not just for one location. Ayes x x x x x The motion was voted on and carried. Noes x x 1. Report from the Utilities Department SJoaquin recommending adoption of proposed Rsrvr resolution supporting the alternative to (89) install a "floating cover" on the SAN JOAQUIN RESERVOIR to implement the San Joaquin Reservoir Improvement Project. John G. Valentine, 12 Vienna Avenue, representing the Committee to Preserve the San Joaquin Reservoir, stated they are in support of the subject resolution if Item No. 4 is amended to read: "To select the alternative which will benefit the most water customers at the least cost." Mr. Valentine stated it is their recommendation to delete the language • referencing a floating cover. He stated they are in favor of expediting the process as rapidly and economically as possible, but also want to do it in a correct and proper manner. He quoted from a letter written by an attorney who reviewed the draft EIR for this project, "that the EIR is grossly deficient and provides no adequate basis for making. Volume 47 - Page 21 CITY OF NEWPORT BEACH COUNCIL MEMBERS OV, NO -/- February 8, 1993 • • Motion All Ayes • Motion All Ayes decisions." Mr. Valentine stated that if the Resolution is adopted as presented, he felt it would be "putting the cart before the horse," so- to- speak, and it would be more appropriate to wait until the studies and final EIR are completed. In response to inquiry of Council, the Utilities Director stated that the reason for the reference in the EIR to study various alternatives to improve the quality of the water at the San Joaquin Reservoir is because of a federal regulation which is part of the 1986 re- authorization of the Safe Drinking Water Act in which the EPA has been mandated to establish the exact criteria of a number of standards, one of which is the disinfection byproducts rule. It is with relatively high certainty that the range of values that the EPA is going to set, whether it be at the low or high end of the range, will all require that a project be undertaken to change the condition of that being an open reservoir. Tonight's action gives a recommendation to MWD that the City, as part owners of the reservoir, believes that a floating cover is a course of action that should be pursued. If the reference to a floating cover is deleted from the resolution at this time, he feels this action will send a less clear message to MWD about the City's preferences for a water quality solution. Wyatt Won, Engineer with Metropolitan Water District, stated they are taking a second look at the cost estimates for this project and it appears that a lover revised total cost estimate will be forthcoming. Mayor Pro Tem Watt moved to adopt Resolution 93 -4 with amendment to Item #4 in the subject resolution to read: "To select the alternative which will benefit the most water customers at the least cost." Mayor Turner suggested the above language be changed to read: "To select the alternative which will be beneficial to the most water customers at the least cost." Mayor Pro Tem Watt accepted the above wording, and the motion, as revised, was voted on and carried. 14. Memorandum from the Deputy City Manager concerning establishment of a GANG TASK FORCE CITY COONCIL/CITIZENS AD HOC COMMITTEE. Notion was made to adopt Resolution No. 93 -8, establishing subject committee and defer appointments to February 22, 1993. Volume 47 - Page 22 SJoaquin Rsrvr Gang Force Task Force Ad Hoc Cmte (24) Res 93 -8 COUNCIL MEMBERS ROLL CRLL s Motion All Ayes 0 • • x CITY OF NEWPORT BEACH February 8, 1993 15. APPOINTMENT BY THE MAYOR TO THE UNDERGROUND UTILITIES COMKIRTEE. Notion was made to confirm appointment of Council Member Jan Debay to the Underground Utilities Committee (replacing Phil Sansone). Meeting adjourned at 7:50 p.m., in memory of Dorothea Shealy, former City Librarian (1947 - 1977), who passed away on January 31, 1993. The City Council immediately went into closed session to review pending litigation and adjourned at 8:20 p.m. The agenda for this meeting was posted on February 4, 1993 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Volume 47 - Page 23 A aM& MINUTES INDEX Underground Utilities Committee