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Home My WebLink About05/28/1996 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 28, 1996 - 7:00 p.m. INDEX CLOSED SESSION - 5:00 a.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Edwards, Debay, Hedges, Cox, Glover, Watt Absent: None Mayor Hedges presented proclamations to the following regarding hosting the Toshiba Senior Classic Golf Tournament: Shunki Yatsunami, President and Hisatusuga Nonaka, Senior Vice - President of Toshiba American Information Systems, Inc., and Robert J. Neely from Toshiba International Sports and Event Marketing Ltd.; Beverly Ray, Chairman of the Board and David C. Wooten, President, International Bay Clubs Inc.; and Jerry L. Anderson, Vice President and General Manager, Newport Beach Country Club. • Motion by Mayor Pro Tern Debay to waive reading of minutes of Regular Meeting of May 13, 1996 and Adjourned Regular Meeting of May 16, 1996, approve as written and order filed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstained: None Motion by Mayor Pro Tern Debay to waive the reading in full of ordinances and resolutions under consideration, and direct the City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstained: None Public Works Director Webb announced that after 10 years of successful • planning to bring groundwater to the City of Newport Beach, last week the Tamura Well was completed. With the assistance of Utilities Engineer Sinacori, Mr. Webb distributed souvenir Fountain Valley Groundwater bottled water to each of the council members. Mr. Webb stated that the project is 95% completed regarding the transmission between Newport Beach and Fountain Valley; the reservoir still has another four to five Volume 50 - Page 153 • • • City of Newport Beach City Council Minutes May 28, 1996 months before completion at the City Yard site; the pilot well has been completed and will be tested for ultimate production; three more wells need to be completed within the next two to three months; by the time the entire system is finished it will take approximately another year before the tap can be turned on. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEMI: Mayor Hedges requested that staff bring back a report to Council concerning a review of the amount of paid overtime and staffing within the Fire Department within the proposed FY Budget 1996 -97, in an effort to effect cost - savings. CONSENT CALENDAR ORDINANCES FOR INTRODUCTION 1. INTRODUCE ORDINANCE NO. 96 -21 AMENDING SECTION 15.16.320 OF TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE THE STANDARDS FOR ILLUMINATED SIGNS TO MAKE THEM CONSISTENT WITH RECENTLY ADOPTED STANDARDS IN SECTION 20.06.070 OF TITLE 20. Pass to second reading on June 10, 1996. 2. REMOVED FROM THE CONSENT CALENDAR. 3. REMOVED FROM THE CONSENT CALENDAR. ORDINANCES FOR ADOPTION 4. ADOPT ORDINANCE NO. 96 -19 ADDING SECTION 2.36.020 TO THE NBMC RELATING TO STANDARDS AND TRAINING FOR CORRECTIONS PROGRAM. 5. REMOVED FROM THE CONSENT CALENDAR. CONTRACTS AND AGREEMENTS 6. IRVINE AVENUE AND UNIVERSITY DRIVE CLASS -1 BIKE TRAIL AND STREET IMPROVEMENTS (CONTRACT NO. 2851) - APPROVAL OF AMENDMENT TO CONSULTANT AGREEMENT AND BUDGET AMENDMENT (BA -043) FOR $3,897. Approve an amendment to the consultant agreement with Ninyo & Moore to provide for additional compensation in the amount of $7,794 with a total revised, compensation not -to- exceed $37,555; and approve a budget amendment to adjust revenues in the amount of $3,897 to the Contributions Fund and increase the appropriation to Account No. 7254- C5100137, in the amount of $3,897. Volume 50 - Page 154 INDEX Ord 96 -21 Illum Signs (68) Ord 96 -19 Police Stds & Training (70) Bike Trail /St Imprvms C- 2851(38) BA -043 (40) • • City of Newport Beach City Council Minutes May 28, 1996 7. TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION AT DOVER DRIVE AND CLIFF DRIVE AND TRAFFIC SIGNAL MODIFICATIONS AT DOVER DRIVE AND 16TH STREET (CONTRACT NO. 2808) - AWARD OF CONTRACT. Award Contract No. 2808 to Baxter Griffin Company, Inc. of Stanton in the amount of $93,260, plus a 10% contingency amount of $9,300. 8. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR PIPELINE REACHES AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -I). Authorize the Mayor and City Clerk to execute an amendment to the original Professional Services Agreement with ALBA Construction Management that provides for added construction management services for the construction of the pipeline reaches that remain to be completed for the Groundwater Development Project for a not to exceed fee of $213,617. MISCELLANEOUS ACTIONS 9. NOTICE OF PUBLIC HEARING SCHEDULED FOR NNE 10, 1996 FOR FY 1996 -97 BUDGET. 10. PLANNING COMMISSION AGENDA - May 23, 1996. 11. CONFERENCE CENTER FEASIBILITY STUDY. Receive and accept the recommendation of the Tourism and Revenue Enhancement Sub - Committee of the EDC to retain the services of PKF Consulting to conduct the study; establish the City's share of the contract cost at 50 %, not to exceed $12,000, with the remainder paid by the Conference and Visitors Bureau; and authorize staff to enter into an agreement between the City, the Newport Beach Conference and Visitors Bureau and PKF Consulting to conduct the feasibility study. 12. REMOVED FROM THE CONSENT CALENDAR 13. REMOVED FROM THE CONSENT CALENDAR. 14. LEGAL PUBLICATIONS FOR THREE -YEAR CONTRACT COVERING FISCAL YEAR JULY 1, 1996 TO NNE 30, 1999. Authorize the City Clerk to publish a notice advertising for bids to be received on or before the hour of 4:00 p.m., on Friday, June 7, 1996 for a three -year contract covering the publishing and printing of legal notices, or other material required to be published and circulated in the City of Newport Beach. • 15. RESIGNATIONS OF ALEXANDRIA PHILLIPS AND ELANA DONOVAN, CITY ARTS COMMISSIONERS. Accept resignations with regrets and schedule appointments to be made consistent with scheduled vacancies on all boards and commissions. Volume 50 - Page 155 INDEX Trfc Signal /Safetl Lightg Dover & Cliff Dr C -2808 (38) Grdwtr Dev /Cnstr Mgm Srvs C- 3004 -I (38) FY '96 -97 Budget (40) (68) EDC Conf Ctr Feasblty Study (24) Legal Advertising FY'96 -99 (32) City Arts Cmsn (24) City of Newport Beach City Council Minutes May 28, 1996 Motion by Mayor Pro Tem Debav to APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (2, 3, 5, 12 & 13). The motion carried by the following roll call vote: • Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR 2. INTRODUCE ORDINANCE NO. 96 -22 AMENDING TITLE 14 TO ADJUST. THE BASIC WATER USE RATE TO $2.00 PER HUNDRED CUBIC FEET; TO MODIFY THE WATER SERVICE CHARGES; TO ADJUST THE SEWER USE CHARGE TO $0.20 FOR EACH HUNDRED CUBIC FEET OF WATER (EFF. 7/1/96); TO ADJUST THE SEWER USE CHARGE TO $0.25 FOR EACH HUNDRED CUBIC FEET OF WATER (EFF. 7/1/97); AND TO MODIFY THE TEXT TO REFLECT UTILITIES- PUBLIC WORKS REORGANIZATION AND TO INCORPORATE A MONTHLY BILLING OPTION. Pass to second reading on June 10, 1996 and schedule for public hearing on June 10, 1996. Motion was made by Council Member Glover to move the recommended action regarding Ordinance No. 96 -22 (introduction and schedule for public hearing on June 10, 1996), but to instruct the City staff that when the proposed ordinance returns for adoption, the water and sewer rate increases be placed on the agenda for separate actions by the City Council in a straw vote format, as this would make the Council more comfortable when they vote on the components of the recommendations of the Public Works Committee. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain: None INDEX Ord 96 -22 Basic Water Use Rate /Sewer Charge Utilities (89) 3. INTRODUCE ORDINANCE NO. 96 -23 AMENDING CHAPTER Ord 96 -23 5.12 OF THE NEWPORT BEACH MUNICIPAL CODEJ Taxicabs PERTAINING TO TAXICABS, AMBULANCES AND VEHICLES (2 7 ) FOR HERE. Pass to second reading on June 10, 1996. Motion by Mayor Hedges to move the recommended action regarding • proposed Ordinance No. 96 -23, but to include an amendment which would allow for appeal of denials of the applications to the City Council. The motion carried by the following roll call vote: Volume 50 - Page 156 City of Newport Beach City Council Minutes May 28, 1996 INDEX City Manager Murphy indicated that Council Policy G -1 was removed from the Consent Calendar as staff has received a number of letters from the public and homeowners associations with concerns, especially regarding parkway trees. Motion by Council Member O'Neil to continue indefinitely Council G -1 Policy G-1, "Retention and Removal of Park and Parkway Trees," until such time as the concerns can be explored further. The motion carried by the following roll call vote: Ayes: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Noes: None None Abstain: Absent: None Abstain: None • 5. ADOPT ORDINANCE NO. 96 -20, REVISIONS TO CHAPTER 5.14 Ord 96 -20 OF THE NEWPORT BEACH MUNICIPAL CODE, THAT WILL Emergency ALLOW THE FIRE AND MARINE DEPARTMENT TO DELIVER Ambulance Sry EMERGENCY AMBULANCE TRANSPORTATION SERVICES AS (41) PART OF A COMPREHENSIVE EMERGENCY MEDICAL SERVICES DELIVERY SYSTEM. Motion by Council Member O'Neil to adopt Ordinance No. 96 -20. Motion by Mayor Hedges to amend the main motion to include direction to staff to present to the City Council options to enhance paramedic response to five minutes 85% of the time using personnel classifications. The motion died for lack of a second. Mayor Hedges stated that he will not support the main motion because it does not address the root issue of paramedic response time. The main motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Cox, Glover and Watt • Noes: Hedges Absent: None Abstain: None 12. APPROVAL OF COUNCIL POLICIES G-1, RETENTION OR Council Policy REMOVAL OF PARK AND PARKWAY TREES, AND A -13, (69 ) DECORUM AND ORDER FOR CITY COMMISSIONS, COMMITTEES AND BOARDS. City Manager Murphy indicated that Council Policy G -1 was removed from the Consent Calendar as staff has received a number of letters from the public and homeowners associations with concerns, especially regarding parkway trees. Motion by Council Member O'Neil to continue indefinitely Council G -1 Policy G-1, "Retention and Removal of Park and Parkway Trees," until such time as the concerns can be explored further. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: • None Abstain: None Motion by Council Member Glover to approve Council Policy A -13,1 A -13 "Decorum and Order for Commissions, Committees and Boards." Volume 50 - Page 157 City of Newport Beach City Council Minutes May 28, 1996 Mayor Hedges offered a "friendly amendment' to Council Policy A -13, under POLICY: "Each member of all City Commissions, Committees and Boards has the duty to: Refuse to accept gifts or favors....:' The amendment was accepted by the maker of the motion. • The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain None 13. JOINT LETTER TO OCTA REGARDING THE SANTA ANA RIVER CROSSING (SARX) PHASE H STUDY. Authorize the City Manager to sign a joint letter to OCTA requesting Measure M funds be used for the Santa Ana River Crossing (SARX) Phase H Study. Council Member Glover expressed concern regarding possible elimination of the 19th Street bridges, wherein City Manager Murphy assured her that the SARX Phase II Study would document impacts if these bridges were removed, and this study is needed to substantiate them or an alternative to accomplish the same thing. Motion by Council Member Glover to approve the recommended • action. The motion carried by the following roll call vote: Ayes O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain: None PUBLIC HEARINGS 16. ORDINANCE NO. 96 -16 AMENDING PORTIONS OF DISTRICTING MAP NO. 18 TO ALTER THE BOUNDARY BETWEEN THE "R -1" AND "PC" DISTRICTS (PLANNING COMMISSION AMENDMENT NO. 847); GENERAL PLAN AMENDMENT NO. 96 -1(C) AND LOCAL COASTAL PROGRAM AMENDMENT NO. 45 TO ALTER THE BOUNDARY BETWEEN THE "RETAIL, SERVICE COMMERCIAL" USE AND THE "SINGLE- FAMILY RESIDENTIAL" USE - K.J. CATANZARITE AND SO CAL IBEW -NECA PENSION PLAN (352 HAZEL DRIVE AND 3901 EAST COAST HIGHWAY) (contd. from May 13, 1996). Motion by Council Member O'Neil to continue the foregoing public • hearing to June 10, 1996. The motion carried by the following roll call vote: Volume 50 - Page 158 INDEX OCTA /Sta Crossing Study (74) Ana Rvr PH II Ord 96 -16 GPA 96 -1(C) LCPA 45 352 Hazel Dr/ 3901 ECHwy PCA 847 (94) • • r � LJ City of Newport Beach City Council Minutes May 28, 1996 Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain: None 17. PUBLIC HEARING REGARDING ORDINANCE NO. 96 -18 AMENDING TITLE 20 OF THE NBMC TO ALLOW THE PLANNING COMMISSION OR THE CITY COUNCIL TO MODIFY DEVELOPMENT AND OPERATIONAL REGULATIONS FOR TIME -SHARE PROJECTS. City Manager Murphy advised that the City previously prohibited time- shares and now permits them under certain conditions by a modification or waiver provision (item number 6) in the staff report. Motion by Mayor Pro Tern Debay to adopt Ordinance No. 96 -18. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain: None PUBLIC COMMENTS • Mayor Hedges announced that he will participate in a televised debate at 7:00 p.m., on Wednesday, May 29 with Mayor Joe Erickson of Costa Mesa, Jim DeBoom, President of the Newport-Mesa Unified School District, and Orange County Treasurer -Tax Collector John Moorlach against the Newport Harbor Speech and Debate Team. The topic will be "School Uniforms," which he feels should be a lot of fun. • Council Member O'Neil announced that on Saturday, June 1 at 7:30 a.m., at or near Ocean Boulevard and Marguerite, the Annual Corona del Mar 5 -K and 2- K Fun Walk will take place where he will be one of the starters. • Nancy Skinner, 1724 Highland Drive, reminded Council that Newport Bay faces an equally serious threat from the Eastern Transportation Corridor and the dewatering plan that will have a potential of bringing the nitrate content into the Bay in the winter time close to what it was in 1986 when she and her husband, Jack, first got involved in this issue, and that Silverado Constructors will bring their case to the Santa Ana Regional Water Quality Control Board at the hearing on Friday. • Jack Skinner addressed the Council, and Nancy Skinner held up poster - mounted enlarged photos taken in 1986 and October and November, 1994 of the area in question, which he stated would dispute the conclusions of the Silverado Consultant. He stated that the addition of up to 7,000 pounds a day of nitrates for three years could easily cause the algae blooms which activists have spent years trying to eliminate, and attributed this as a major step backwards in efforts to keep the Bay free of algae. He concluded his Volume 50 - Page 159 INDEX Ord 96 -18 Zoning /Time —Shr PCA.845 (94) City of Newport Beach City Council Minutes May 28, 1996 INDEX presentation urging the City to dissuade them from "using the bay as a low - cost disposal ground." CURRENT BUSINESS • 18. CITY COUNCIL SPONSORSHIP OF AGENDA ITEMS - DISCUSSION AND ACTION ITEM REQUESTED BY MAYOR HEDGES. Motion by Mayor Hedges to amend Council Policy A -6 "Open Meeting Policies," with the following addition to section 2. (c): "The City Council shall have the sole authority to place matters on the City Council agenda for consideration. This policy does not apply to routine administrative actions, including items related to personnel administration, legal actions, contracts, community reports, Old Business, previously stated council goals and similar routine items. This authority shall remain with the City Manager. "If policy matters arise independent of City Council Members, staff shall take these matters through the appropriate City Council Committee for consideration prior to placement on the City Council Agenda." The motion carried by the following roll call vote: • Ayes: Noes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt None Absent: None Abstain: None SUPPLEMENTAL AGENDA ITEM (Council Policy (69) A -6 19. AMEND APPROVED LIST OF COMMUNITY BPPAC REPRESENTATIVES TO PARTICIPATE IN THE BALBOA (24) PENINSULA PLANNING STUDY DISTRICT PLANNING WORKSHOPS (Approved 5/13/96) [Requested by Council Member Glover]. 1. Motion by Council Member Glover to amend list to add James Person, Jr, as representative for Cannery Village. The motion was carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Watt Noes: None Absent: None Abstain: None • MOTION FOR RECONSIDERATION - None City Budget and the KPMG Studies. Volume 50 - Page 160 City of Newport Beach City Council Minutes May 28, 1996 * R R R R R R R R R R R R R R R R R R R R R R The agenda for this meeting was posted on May 22, 1996 at 3:30 p.m., and the supplemental agenda was posted on May 24, 1996 at 11:45 a.m., on the City Hall Bulletin Board outside of the City of Newport Beach • Administrative Building. Attest: Ci Cle • • Mayor Volume 50 - Page 161 INDEX