The URL can be used to link to this page

Home My WebLink About06/23/1997 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting June 23, 1997 - 7:00 p.m. INDEX CLOSED SESSION - 5:00 u.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Edwards, Glover, Noyes, Mayor Debay Absent: Thomson, Hedges Pledge of Allegiance - Idabelle Griffin, President of Newport Harbor Emblem Club #394. Invocation by Leah Stout, Minister of Visitation, Sit. Andrews Presbyterian Church. Presentation of flags by the Newport Harbor Emblem Club #357. Presentation of Community Services Awards for the Corona del Mar Scenic 5K Run. Motion by Mayor Pro Tem Edwards to waive reading of the Minutes of the Adjourned Regular (Study Session) and Regular Meeting of June 9, 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. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member O'Neil thanked Comeast for responding to his concerns about the brightness of the lights in the Council Chambers. • Council Member Glover requested a status report on what staff is doing in reference to the installation of new communication systems. • • Council Member Noyes requested that the Council consider either a checklist or a policy to build in a beautification component to Public Works projects. Volume 51 - Page 301 • City of Newport Beach City Council Minutes June 23, 1997 • Mayor Debay read a press release reporting that the State Legislature has set aside $2.9 million in next year's budget for dredging the Upper Newport Bay (pending Governor Wilson's approval). She urged interested residents to contact the City Manager's office (644 -3000) for addresses and information to mail letters in support of the funding. CONSENT CALENDAR ORDINANCE FOR INTRODUCTION 1. ADOPT RESOLUTION NO. 97 -50 DECLARING THE CITY'S CdM BID INTENTION TO ESTABLISH THE CORONA DEL MAR BUSINESS Res 97 -50 IMPROVEMENT DISTRICT, APPOINTING AN ADVISORY BOARD, Ord 97 -24 AND SCHEDULING A PUBLIC HEARING FOR JULY 14, 1997. (27) INTRODUCE ORDINANCE NO. 97-24 ESTABLISHING THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT. 2. INTRODUCE ORDINANCE NO. 97.25 AMENDING TITLE 10 OF THE Offenses & NBMC RELATING TO THE CONSUMPTION OF ALCOHOLIC Nuisances BEVERAGES IN OUTDOOR DINING ESTABLISHMENTS ON Ord 97 -25 PUBLIC SIDEWALKS. (70) (68) 3. INTRODUCE ORDINANCE NO. 97 -26 ADDING CHAPTER 14.36 TO Water & Sewers TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE TO Ord 97 -26 REGULATE THE DISCHARGE OF WASTE WATER FROM (89) BUSINESSES, PROPERTY OWNERS, AND/OR INDIVIDUALS IN ORDER TO IMPROVE WATER QUALITY' AND COMPLY WITH FEDERAL REGULATIONS FOR THE CONTROL OF URBAN RUNOFF WHICH ENTERS THE NETWORK OF STORM DRAINS THROUGHOUT ORANGE COUNTY. RESOLUTIONS FOR ADOPTION 4. ADOPT RESOLUTION OF INTENTION NO. 97w SCHEDULING A No report 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 and June 9, 1997). Removed from calendar. 5. Removed from the Consent Calendar by a :member of the audience (Dr. Jan Vandersloot). 6. ADOPT RESOLUTION NO. 97 -52 CREATING A CITY - SCHOOL AD City School Ad -Hoc HOC COMMITTEE AND DISSOLVING THE CITY- SCHOOL LIAISON Committee Volume 51 - Page 302 City of Newport Beach City Council Minutes June 23, 1997 • COMMITTEE. 7. ADOPT RESOLUTION NO. 97 -53 ALLOWING FOR THE CITY COUNCIL MEMBERS TO BE SUBJECT TO THE PUBLIC EMPLOYEE'S MEDICAL AND HOSPITAL CARE ACT. CONTRACTS AND AGREEMENTS 8. FIRST AMENDMENT TO THE METRO CITIES FIRE AUTHORITY (MCFA) JOINT POWERS AGREEMENT (JPA). Approve the changes to the MCFA Joint Powers Authority; and designate the City Manager as the voting board member and the Assistant City Manager as the alternate voting board member as required by Section 4.2.A. of the revised agreement. 9. Removed from the Consent Calendar by Council Member Glover. 10. 1996 -97 SLURRY SEAL PROGRAM (CONTRACT NO. 3141). Approve the plans and specifications; award Contract No. 3141 to Pavement Coatings Co. of Cypress for the total amount of $99,876.40 and authorize the Mayor and the City Clerk to execute the contract; and authorize a change order up to $24,500 to increase the amount of slurry seal work at additional locations. 11. KINGS ROAD STORM DRAIN IMPROVEMENTS (CONTRACT NO. • 3122). Approve the plans and specifications; award Contract No. 3122 to Gillespie Construction Inc. for the total price of $69,871 and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $7,000 to cover the costs of testing, materials and additional work. 12. 15TH STREET AND AVOCADO AVENUE PAVEMENT REHABILITATION AND TRAFFIC SIGNAIL MODIFICATIONS AT JAMBOREE ROAD AND BISON AVENUE (CONTRACT NO 3139). Approve the plans and specifications; award Contract No. 3139 to Excel Paving Company of Long Beach for the total amount of $235,710 and authorize the Mayor and City Clerk to execute the contract; and authorize a change order up to $58,000 to increase the amount of pavement rehabilitation work on Neptune Avenue. 13. Removed from the Consent Calendar by a member of the audience (Dr. Jan Vandersloot). 14. Removed from the Consent Calendar by a member of the audience (Dr. Jan Vandersloot). MISCELLANEOUS ACTIONS 15. AMENDED TRACT MAP, UPPER CASTAWAYS, 900 DOVER DRIVE. Approve amended Tract Map No. 15012 to adjust the internal lot lines within the subdivision of Upper Castaways, with the findings and subject to • the condition as set forth in Exhibit "A ". Volume 51 - Page 303 INDEX 97 -52 City Council PERS Health Care Res 97 -53 (66) Orange Co/Metro Cities Fire Auth JPA C -3089 (38) 1996 -97 Slurry Seal Program C -3141 (38) Kings Rd Storm Drain Improvements C -3122 (38) 15th St/Avocado Ave Pavement Rehab & Traffic Signal Modif. Jamboree/Bison C -3139 (38) 900 Dover Drive Upper Castaways Tract 15012 • City of Newport Beach City Council Minutes June 23, 1997 16. APPROVE BUDGET AMENDMENT (BA -052), TO TRANSFER $48,000 FROM THE SALARY ACCOUNT 2900 -7000 TO THE TECHNICAL AND PROFESSIONAL SERVICES ACCOUNT 2900 -8080 TO COVER THE COST OF INCREASED BUILDING INSPECTIONS REQUIRED BY THE INCREASED LEVEL OF CONSTRUCTION IN THE CITY DURING FY 1996 -97. 17. Removed from the Consent Calendar by Council Member Glover. S25. ADOPT RESOLUTION NO. 97 -54 TO ENTER INTO A PROGRAM SUPPLEMENT AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (CONTRACT NO. 2886). Adopt resolution approving the program supplement and authorizing the City Manager to execute the program supplement. MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (5,8*, 9 *, 13,14 & 17) WITH ITEM 4 TO BE TAKEN OFF CALENDAR. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None • Absent: Thomson, Hedges Abstain: None *Note: Item No. 8 was mistakenly pulled from the Consent Calendar by Council Member Glover. Her intent was to pull Item No. 9. Motion by Mayor Pro Tern Edwards to approve Item 8 and reconsider the Consent Calendar with Item 9 pulled in addition to the other items. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR. 5. ADOPT RESOLUTION NO. 97 -51 CONCERNING THE STATUS OF THE CITY'S CIRCULATION ELEMENT - MEASURE M ELIGIBILITY PACKAGE FOR FY 1997 -98. City Manager Murphy explained that this is an annual report which is required in order for the City to re- qualify for eligibility for Measure M funds. In order for the City to remain eligible each year the City must certify certain findings. . Shirley Phillips, 1420 W. Oceanfront, expressed concern over this item and her and others' inability to understand what this action actually does. Volume 51 - Page 304 FIQ l BA -052 (40) Newport Blvd/ PCH Arches Project C -2886 Res 97 -54 (38) Measure M & Circulation Element Res 97 -51 (74) • • • City of Newport Beach City Council Minutes June 23, 1997 Mr. Murphy explained that the City of Newport Beach is required to adopt a General Plan and there are several elements to that plan. One of the elements is the Circulation Element which requires the City to master plan the roadway system. The Circulation Element was last adopted in 1988 with the overall General Plan and periodically it is updated. He explained that this item states that there has been no reduction in the number of lanes by action of the City Council without the approval of the Orange County Transportation Authority (OCTA). If the City had reduced the number of lanes without OCTA's approval, the City would not be eligible for these monies. The action tonight certifies that the City is in compliance with the Circulation Element and the Master Plan of Arterial Highways. Ms. Phillips expressed concern about the widening of Newport Boulevard from 30th to 32nd and City Manager Murphy offered to meet with her to provide her with a full explanation and details of the proposed widening project. Motion by Mayor Pro Tem Edwards to adopt the seven -year Capital Improvement Program; to adopt Resolution No. 97 -51 concerning the status of the City's circulation element and affirming; that there have been no unilateral reductions in lanes on any Master Plan of Arterial Highways arterial during FY 1996 -97; and to direct staff to submit the eligibility package to the Orange County Transportation Authority to satisfy the various Measure M eligibility requirements. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 9. COMPLETION AND ACCEPTANCE OF BAYVIEW WAY /JAMBOREE ROAD IMPROVEMENTS (CONTRACT NO. 3034). Council Member Glover requested that when the amendment to the development agreement is drafted, the language be strengthened to require that the point of sale taxes from the leasing of cars comes to the City. She said she believes the original agreement is weak in this area and she wants to be sure that the City gets all of the leasing point of sale revenue from Fletcher- Jones. City Manager Murphy explained that the action on the agenda is to finalize the construction of the roadway, however the report does mention the development agreement with Fletcher -Jones Motorcars that requires a payback of $400,000. The roadway project cost less than $400,000, so consequently the City will reduce their obligation, so at that time staff can look at the underlying agreement as it relates to the point of sale for leased vehicles. Motion by Council Member Glover to accept the work; authorize the City Volume 51 - Page 305 INDEX Bayview Way/ Jamboree Rd Improvements C -3034 (38) City of Newport Beach City Council Minutes June 23, 1997 • Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 13. CASTAWAYS PARK (CONTRACT NO. 3070) AND APPROVAL OF BUDGET AMENDMENT (BA -053). City Manager Murphy explained that this is the award of a contract on the Castaways Park which will be built on ground dedicated to the City by The Irvine Company as part of the CIOSA agreement. The park will be used for passive recreational purposes. In response to Mayor Pro Tern Edwards' question about why asphalt will be used on the trails, Public Works Director Webb explained that asphalt is proposed so that the site will be accessible during all weather conditions by maintenance vehicles, police and paramedic vehicles. He also said that the trail is proposed to be used by bicycles and pea gravel doesn't work well for • that purpose. Dr. Jan Vandersloot, 2221 E. 16th Street, distributed photographs of Cliff Drive Park and Castaways Park for comparison purposes. He requested that the City not grade off the areas that contain sensitive native vegetation, primarily the coastal sage scrub type vegetation. He pointed out that a permit from the Coastal Commission may be required in order to remove the sensitive vegetation. Since the park is named after the Castaways Restaurant which burned down, he suggested that some of the old concrete blocks be retained on the site as historical markers. Public Works Director Webb distributed some photographs and explained that staff has worked through a number of different scenarios related to the park and presentations have been made to the Coastal Commission, the Parks, Beaches & Recreation Commission and the City Council. He described the area in question based on the photos that were distributed and noted that the contractor will try to re- establish as much of the coastal sage scrub as possible. The recommendation made by the landscape architect is to have a seed mix that will provide for slope erosion control. He explained the proposed design which will help to eliminate the erosion problem. He reiterated that the design has not been changed. He said there will need to be some minor widening of the area in certain locations in order to permit the trail to be put in at its full width. He said the design keeps essentially the same grade of the roadway. He explained that another option would be to build a retaining wall up from Dover Drive to fill in the eroded area. He . explained in detail the grading process and what it will accomplish and noted that the design does not create a lake and the area will be a valley with a drain at the bottom so that it doesn't collect: water. Volume 51 - Page 306 INDEX Castaways Park C -3078 (38) BA -053 (40) City of Newport Beach City Council Minutes June 23, 1997 Mayor Pro Tern Edwards spoke in support of softening the trails and modifying the grading. Mr. Webb said that staff, working with the contractor, will try to minimize the slope grading as much as possible. Since this area will be a public facility the City is concerned with providing a walking; surface that will support heavy use. Reverend Bill Hackett, Newport Lutheran Church, spoke in support of a harder road surface so that it will be accessible to wheelchairs, etc. He noted that the path is very eroded and nearly blocked. He said the grass is nearly all dead now and the pond fills with water every winter. Dr. Vandersloot pointed out that the bowl was built by Taylor Woodrow when they built the homes in the area. He said the vernal ponds that were at that location were destroyed when Taylor Woodrow dug it out and now the City has to compensate for that by grading the slopes off into the ponds. He strongly recommended that this area be left alone and that the maintenance period of the contractor be extended beyond three months. Motion by Council Member Glover to award Contract No. 3078 to E.A. Mendoza Contracting of Anaheim for the total bid amount of $858,625 and • authorize the Mayor and the City Clerk to execute the contract on behalf of the City; and approve a $624,625 budget amendment appropriating and transferring funds from various accounts to fund the park construction. She also recommended that she and Mayor Pro Tern Edwards meet with Mr. Webb to review the cliff areas to insure that everyone is speaking the same language. Substitute motion by Council Member Noyes to continue this item for two weeks in order to allow time to look at the removal of the grass on top of the hill. After it was explained that changes to the contract can be handled through the change order process, Council Member Noyes withdrew his substitute motion. Council Member Glover explained that changes to the grading or the surface type can be made as long as they are done within the budgetary constraints. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 14. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (CONTRACT NO. 2886) • AND APPROVAL OF BUDGET AMENDMENT (BA -054) IN THE AMOUNT OF $2,748,167. Volume 51 - Page 307 INDEX Newport Blvd/ PCH Arches Interchange Improvements C -2886 (38) City of Newport Beach City Council Minutes June 23, 1997 INDEX isCity Manager Murphy explained that pursuant to Council authorization the "Arches" bridge interchange project was put out to bid and the low bidder is Brutoco Engineering and Construction, Inc. The staff report describes the project, as well as several additional contracts that staff is recommending be awarded in order to facilitate the construction of the project. The report includes a breakdown of the various sources of funding and the steps necessary to implement the project. Mayor Debay reported that she met with residents of Balboa Coves regarding the widening of the Newport Channel bridge on the west side and they expressed concerns about people jumping from the bridge to the rooftops and requested some type of partition to prevent this from happening. Dr. Jan Vandersloot, 2221 E. 16th Street, said that when a presentation was made regarding this project in March he questioned whether the wetland creek that runs along Old Newport Boulevard from Hospital Road to the Arches would be filled in. He said the permit obtained from the Coastal Commission to build this project does not include the creek, however he recently found out that the contract calls for putting the creek in a box culvert for flood control purposes with landscaping to be put over it. He said the creek is always full of water and there are cattails, willows, etc. growing there and there is community interest in preserving the creek. He said the • flood control aspect of it can be modified by putting in a bigger inlet structure so it doesn't fill up with water and overflow during flooding. He said the City will need to get a supplemental permit from the Coastal Commission which implies that this is a recognized waterway. He said a biological assessment needs to be made and then if it is deemed that the best idea is to put it in a culvert then it needs to be mitigated or an alternate location needs to be selected for the creek. He asked that this issue be opened up for a public hearing so that the people interested in preserving the creek can address the Council. Mayor Debay replied that the City is dealing with the issue and will go through the proper procedures with the Coastal Commission. Motion by Mayor Pro Tern Edwards to award Contract No. 2886 to Brutoco Engineering and Construction, Inc. for the total bid amount of $11,933,916.50, and authorize the Mayor and the City Clerk to execute the contract; establish a $800,026.50 account for partnering, unforeseen work and changed conditions; approve a $928,014 professional services agreement with MK Centennial to provide for construction management, inspection, surveying and materials testing, and authorize the Mayor and the City Clerk to execute the agreement; approve a $292,730 supplement to the professional services agreement with Moffatt & Nichol Engineers to provide for reimbursement of additional design engineering services and for construction support services; approve a $58,213 supplement to the professional services agreement with Law /Crandall, Inc. to provide for • reimbursement of additional Caltrans geotechnical engineering service costs, including $8,000 for construction related services; approve a $49,500 supplement to the professional services agreement with Gail P. Pickart, P.E., Volume 51 - Page 308 • City of Newport Beach City Council Minutes June 23, 1997 to provide for project management services during construction; and approve a budget amendment of $1,599,086 from unappropriated Circulation Improvement and Open Space Agreement funds to Account No. 7432 - 05100199 and appropriate $709,081 to Contributions Account No. 7251 - 05100199 to reflect added contributions from the County Sanitation District of Orange County and appropriate $440,000 to Account No. 7253- C5100199 to reflect funds paid by Hoag Hospital. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 17. VEHICLE PURCHASES AND MODIFICATIONS. Based on concerns expressed by Council Member Glover about the purchase of the sewer rodder truck, Mr. Murphy explained that the City has a 1980 International sewer rodder truck that will be replaced. He explained that this is a replacement truck and noted that its rise as a water truck and a street flushing system are only minor functions of the truck. Mr. Murphy explained that the median landscape contractor purchased the • City's old water truck and uses it to water the medians, thus it is not available as a backup for the City. Staff has suggested that this piece of equipment have these watering capabilities in case it is needed, particularly for sewer overflows, etc. Motion by Council Member Glover to approve the purchase of two BMW motorcycles at a cost of $39,000; approve the purchase of a sewer rodder truck for $145,089; authorize additional funding of $16,356 for the factory overhaul of a paint striper truck; and authorize additional funding of $17,000 for the purchase of a sign installation truck. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None PUBLIC COMMENTS - None I21V.3MCNIloI_\.al.Ces,9 18. ORDINANCE NO. 97 -21 ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE NEWPORT HARBOR LUTHERAN CHURCH SITE [798 DOVER DRIVE] (Planning Commission Amendment No. 860); and • ORDINANCE NO. 97 -22 ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND Volume 51 - Page 309 INDEX General Services Vehicle Purchases (44) Ord 97 -21 Zoning PCA 860 (94) Ord 97 -22 Zoning/ Development Agreement u City of Newport Beach City Council Minutes June 23, 1997 THE NEWPORT HARBOR LUTHERAN CHURCH [798 DOVER DRIVE] (Development Agreement No. 10). Planning Director Temple reported that the actions taken tonight will complete the discretionary review to facilitate the transfer of land between the City of Newport Beach and the Newport Harbor Lutheran Church in order to establish the access and parking for the Upper Castaways Park. These actions will provide additional entitlement: for the church up to 40,000 square feet to allow the completion of their facility master plan and will also allow the City to make a number of on -site improvements to the church site in the parking and landscaped areas. In return the City will receive the land necessary to construct the parking lot and access way for the Upper Castaways Passive Park. The Planning Commission reviewed the action and recommended approval. Motion by Council Member Glover to adopt Ordinance No. 97 -21 adopting Planned Community District Regulations for the Newport Harbor Lutheran Church site; adopt Ordinance No. 97 -22 adopting a Development Agreement between the City of Newport Beach and the Newport Harbor Lutheran Church; adopt Resolution No. 97 -55 adopting General Plan Amendment No. 95 -2(E) amending the Land Use Element of the General Plan to increase the level of entitlement of the Newport Harbor Lutheran Church and to redesignate traded land from "Single - Family Detached Residential" to "Governmental, Educational and Institutional Facilities "; and adopt Resolution No. 97 -56 adopting Local Coastal Program Amendment No. 47 amending the Local Coastal Program Land Use Plan to increase the level of entitlement of the Newport Harbor Lutheran Church and to redesignate traded land from Single- Family Detached Residential" to "Governmental, Educational and Institutional Facilities ". Mayor Debay opened the public hearing. James Miller, 212 33rd Street, a member of Newport Harbor Lutheran Church, pointed out that the church will be giving; up their frontage property land and questioned whether the monument signs would still be allowed after the 25 -year agreement has expired. City Attorney Burnham explained that the term of the agreement is 25 years and in his opinion the signs would be there in perpetuity for as long as there is a church on the site. He explained that the development agreement vests the church and its right to do certain things and subsequent to that the church will still have the right to maintain their monument signs. Hearing no further testimony, the public hearing was closed. The motion carried by the following roll call vote: Ayes: O Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None Volume 51 - Page 310 1e 1 #10 (94) Res 97 -55 & 97 -56 (45) City of Newport Beach City Council Minutes June 23, 1997 • 19. ORDINANCE NO. 97 -23 ADOPTING CHANGES TO THE UPPER CASTAWAYS PLANNED COMMUNITY DISTRICT REGULATIONS [Taylor Woodrow Homes, Inc., 900 Dover Drive] (Planning Commission Amendment No. 859). Planning Director Temple reported that this amendment to the Upper Castaways Planned Community for the Taylor Woodrow Homes project will allow for the placement of garden entry structures within the front yard setbacks. Additionally, it will make certain provisions for garden structures and freestanding barbecue structures within the rear yard setback areas. She said it came to staffs attention that the developer had an interest in creating these structures in upwards of 25 -35% of the units. The developer was initially going to seek modifications in order to do it, but since so many were present and staff felt that many of the other homeowners may be interested in implementing similar improvements, it was more appropriate to actually amend the provisions to allow them within certain parameters. Motion by Mayor Pro Tent Edwards to adopt Ordinance No. 97 -23. Mayor Debay opened the public hearing and seeing no one approach the podium, closed the hearing. • The m. Ayes: Noes: Absent: Abstain: 3tion carried by the following roll call vote: O'Neil, Edwards, Glover, Noyes, Mayor Debay None Thomson, Hedges None CURRENT BUSINESS 20. AMENDMENT TO MEMORANDUM OF UNDERSTANDING AND SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING - NEWPORT BEACH POLICE MANAGEMENT ASSOCIATION (C- 2932), FIRE MANAGEMENT ASSOCIATION (C- 2946), AND FIREFIGHTERS ASSOCIATION (C- 2060). City Manager Murphy explained that currently the City has Memorandums of Understanding (MOU's) with the Newport Beach Police Management Association, the Fire Management Association and the Firefighters Association. The agreements contain a total compensation formula that consists of salaries, health contributions and retirement costs for the Public Employees Retirement System (PERS). Under the total compensation formula when the retirement costs go up, salaries come down and when PERS costs go down, salaries go up. On July 1, 1997 the PERS retirement rates will go up 12.2 %, however the Council recently acted to extend the funding horizons so that the rates only go up 3.2 %. The Council authorized • staff to negotiate and bargain with the three employee associations on that issue. As an outcome of those interest -based discussions with the three groups, staff has brought back an amendment to the current Memorandums Volume 51 - Page 311 INDEX Ord 97 -23 Zoning PCA 859 (94) MOU's NBPM (C -2932) NBFM (C -2946) NBFF (C -2060) (38) City of Newport Beach City Council Minutes June 23, 1997 • of Understanding, as well as Supplemental Memorandums of Understanding. The amendments provide for a one -year extension from December 1997 to December 1998 and also provide that as part of the extension of the agreement the City will pick tip the increased cost of the retirement on July 1, 1997. In addition, the City is revising the total compensation formula which will expire in. December of 1998. He recommended that the Council approve the amended MOU's and the Supplemental MOU's to be effective July 1, 1997. Motion by Council Member O'Neil to approve the subject MOU's and Supplemental MOU's to be effective on July 1, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 21. BUDGET CHECKLIST FOR THE 1997 -98 FISCAL YEAR PROPOSED BUDGET AND ADOPTION OF THE BUDGET. City Manager Murphy reported that on June 9, 1997 the City Council conducted a public hearing on the 1997 -98 budget. At that meeting the • Council created a checklist consistent with past City Council policy, and identified the items that need to be voted on for inclusion in or exclusion from the budget. Motion by Council Member Glover, Chair of the Finance Committee, to move all of the "Items for Action - Supplemental Budget" and the Street bighting listed under "Items for Action - Proposed Budget" to July 14, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None Council Member Glover recommended that the Council approve the action as proposed in the staff report for all of the items listed under "Items for Action - Proposed Budget" as a total package unless someone wants to consider any of the items separately. Mayor Pro Tom Edwards requested that document imaging and dog nuisances be acted on separately. An audience member requested that Newport Boulevard Widening, 30th to 32nd Street be discussed. Motion by Council Member Glover to approve the action as proposed in the staff report for all of the items listed under "Items for Action - Proposed A91b, Budget ", with the exception of document imaging, dog nuisances and Newport Boulevard Widening. The motion carried by the following roll lqw call vote: Volume 51 - Page 312 CON-115N 1997 -98 FY Budget (40) City of Newport Beach City Council Minutes June 23, 1997 INDEX Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None Document Imagine: Motion by Council Member O Neil to approve the document imaging budget item as noted in the staff report. The motion -carried by the following roll call vote: Ayes: O'Neil, Glover, Noyes, Mayor Deb ay Noes: Edwards Absent: Thomson, Hedges Abstain: None Doe Nuisances: Mayor Pro Tem Edwards said there are some capital improvement projects that he would like to see, so he would like to see the expenditure related to dog nuisances deleted, however it may be revisited again. • Council Member Glover said she won't support fimding this item and noted that there are more important items than this. She said that in other cities the people with dogs purchase the bags and this proposal has the City purchasing the bags and providing them free of charge. Mayor Debay explained that this proposal is to place the dispensers in all of the City parks (51 sites) at a cost of $38,000. She said that there has been some discussion about metering the dispensers so the users would have to purchase them. Mayor Debay reported that the Council received an email from Council Member Hedges forwarding his comments on the supplemental items. Motion by Mayor Pro Tem Edwards to delete this item from the budget at the present time. Chris Crosson, Doggie Walk Bags, explained that the bags that are proposed are complimentary, however he does have coin- operated dispensers that can be purchased and installed. Council Member Noyes spoke in support of the dispenser system because A is part of a larger awareness program. The motion failed by the following roll call vote: Allk Ayes: Edwards, Glover Noes: O'Neil, Noyes, Mayor Debay MW Absent: Thomson, Hedges Volume 51 - Page 313 • City of Newport Beach City Council Minutes June 23, 1997 INDEX Motion by Council Member Noyes to approve the dog nuisance budget item as proposed. The motion carried by the following roll call vote: Ayes: O'Neil, Noyes, Mayor Debay Noes: Edwards, Glover Absent: Thomson, Hedges Abstain: None Newport Boulevard Widenine. 30th to 32nd Street: City Manager Murphy reported that this project involves adding one lane for traffic exiting the peninsula and a right -turn lane at 32nd Street for traffic entering the peninsula. The schedule included in the budget calls for the design environmental work to be done during the next fiscal year, the right - of -way acquisition to be completed in FY 1998 -99 and actual construction during 1999 -2000 using both local and Measure M funding. He noted that that the diagram included with the staff report identifies how the proposed three lanes exiting the peninsula between 30th and 32nd will line up with the widening which took place several years ago in front of City Hall. Public Works Director Webb reported that the project has been reduced from • six -lanes to five -lanes, thus the amount of right -of -way and number of improvements necessary has been reduced, therefore staff feels the project can be completed for approximately $600,000 or about half of what was originally estimated. He said one of the things staff wants to do is minimize the amount of right -of -way that will be necessary. Two of the three businesses have dedicated right -of -way to provide for this (a 5 -foot dedication), and another one of the businesses has recognized this in its development. He explained that the existing pavement in front of City Hall will be restriped, however no improvements will be required. Mr. Murphy explained the process used to acquire the right -of -way and noted that the eminent domain process will be used only as a last resort. Mr. Webb explained that direct contact has not been made with the businesses impacted by this because staff has not known the impact of what will be done. As the preliminary and final plans are established during the next fiscal year, those impacts will be determined. He explained that this year the City will be spending $50,000 to do the preliminary design (about half of what is shown in the budget). He reported that this project will be funded 50% with Measure M competitive funds and the rest of it will be funded from CIOSA funds. Louise Fundenberg, 808 W. Balboa Blvd., said that the map shows that six businesses will be affected, 9 -10 parking spaces will be lost along Newport Boulevard, one parking space on 32nd Street, one parking space on 31st A911L Street, three palm trees in the first block, and 6 or so palm trees in the second block. She said that these items are not her main concern and her law main concern is the business people and the potential effect this will have on Volume 51 - Page 314 City of Newport Beach City Council Minutes June 23, 1997 INDEX • their businesses. She said that the bottleneck in traffic occurs only about 40 days during the summer and five to seven days during the Christmas Boat Parade. She said her main concern is compensation to the business owners for the loss of business. Martha Durkee, Box 3353, Newport Beach, asked for clarification on whether the business owners would be compensated for projected lost income. Mr. Murphy reported that under State law the City is required to compensate the businesses for all the items addressed. He explained that a provision in the State law requires that any loss of business goodwill is something the public agency must compensate a private owner for in carrying out any public project which impacts the private business. The compensation is determined based on an appraisal process. City Attorney Burnham explained that the City hares an appraiser, if desired the property owner can also retain an appraiser and then the parties negotiate. If they are unable to reach agreement the matter is submitted to the court and the court resolves it. Shirley Phillips, 1420 W. Oceanfront, said she spoke with assistant managers at two of the businesses and they were unaware of this project, • therefore questioned how the business owners will be notified. Mr. Murphy stated that if the City Council approves the action to proceed with the design the property owners will then be notified since there will be some surveying work required near their properties. Prior to any formal steps in terms of acquisition of the right -of -way there is a formal notice and a public hearing regarding the City's intent to proceed with that process. The business owners would receive formal notices through the mail. Council Member Noyes said he thinks it might be smarter for the City to sit down and talk with the property owners and maybe all of this can be negotiated before the formal process begins. Mr. Murphy said that typically before meeting with property owners staff likes to have something to physically show them so they can be informed precisely of the amount of property to be taken. Motion by Mayor Pro Tem Edwards to approve the funding as proposed with a mailing to the property owners advising them of the process. The motion died for lack of a second. Council Member O Neil spoke in support of contacting the individual property owners. Council Member Glover questioned the need for this project and noted that • Council Member Hedges also had the same question. She also questioned how much cement is enough. Volume 51 - Page 315 City of Newport Beach City Council Minutes June 23, 1997 • Motion by Mayor Debay to bring this item back on July 14th after the initial contact has been made with the affected businesses. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None Mayor Debay requested that the replacement of the Council Chambers voting system be added to the supplemental list to be considered on July 14th. Motion by Mayor Pro Tem Edwards to consider the items listed under "Items for Discussion" at the July 14, 1997 meeting. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None Motion by Council Member Glover to adopt Resolution No. 97 -57 adopting • the budget for the 1997 -98 Fiscal year, including all amendments made to the City's proposed budget and the placement of all supplemental and other items as noted on the Council agenda for July 14, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 22. MOU REGARDING STORM DRAIN IMPROVEMENTS AT NEWPORT CENTER WITH THE IRVINE COMPANY. Motion by Council Member O'Neil to continue this item to July 14, 1997 and to refer it to the Public Works Committee for review and recommendation prior to July 14th. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Thomson, Hedges Abstain: None 23. MEGAN'S LAW IMPLEMENTATION. Police Chief McDonell explained that Megan's Law is a law to identify sexual • offenders in the communities where there is a risk to the community. The City identified one offender last month and will continue to do so as warranted. The policy sets down the framework for that to occur and also Volume 51 - Page 316 wvf No report Police Dept (70) • City of Newport Beach City Council Minutes June 23, 1997 110 11) indicates that staff is recommending going beyond what the law requires in the sense of allowing local access to the CD -Roan where those sex offenders are listed. He said originally the department recommended to the Public Safety Committee that a budget amendment be approved to pay for the computer to provide access to the information at the local police facility. Since that meeting Mr. Chance Mounce, one of the past exalted rulers of the Newport Harbor Elks Lodge, approached the City about donating funds to purchase the computer. He reported that the policy has been reviewed by the Public Safety Committee, approved unanimously by them and moved forward to the Council for review. In response in Mayor Pro Tem Edwards' questions about protections to keep people from being misidentified, Chief McDonell explained that the state classifies the offenders and reserves that right. The City reviews the State's classifications and in some cases have notified them and informed them if the department feels someone has been misclassified. He reiterated that it is the State's legal obligation to do the classifications. Council Member O Neil stated that this matter was reviewed in detail by the Public Safety Committee and it is the committee's belief that it is an appropriate policy to implement. He said the committee questioned the cost of the computer and the CD -Rom and commended the Elks Lodge for offsetting that cost. • Motion by Council Member O'Neil to authorize the implementation of the Police Department's proposed policy and to accept the donation of $3,500 from the Newport Harbor Elks Lodge #1767 to provide for the purchase of a computer and related costs in order to facilitate public access to sex offender information. Chance Mounce, past exalted ruler of Newport Harbor Elks, introduced the present exalted ruler, Frank Bining. He said they feel honored that the City has allowed them to make this donation and to help implement the law. He recognized other members of the Elks Lodge present at the meeting. On behalf of the Council, Mayor Debay thanked the Elks Lodge for their donation. Council Member Glover expressed concern for accuracy so people are not misidentified. Police Chief McDonell reported that the information is listed by zip code and no specific addresses are given. In regard to the Crummel case, he said the Police Department only gave out the intersections. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: None _ Absent: Thomson, Hedges Abstain: MW None Volume 51 - Pal;e 317 City of Newport Beach City Council Minutes June 23, 1997 • 24. BOARD AND COMMISSION VACANCIES. Mayor Debay explained the process to be used. for voting as well as the application and interview process. The following votes were cast and appointments made to the Boards and Commissions as listed. BOARD OF LIBRARY TRUSTEES Appointed - Jay McGoodwin Jay McGoodwin - Edwards, Glover, Noyes Norm Loats - O'Neil, Debay CITY ARTS COMMISSION Appointed - William Valentine (term ending 6/30/99) Kathy Harrison Pat Brubaker (incumbent) Roya Fouladi (incumbent) Hector Godinez - Edwards William Valentine - O'Neil, Debay, Glover, Noyes Kathy Harrison - O'Neil, Edwards, Debay, Glover, Noyes • Roberta Jorgensen - None Pat Brubaker (incumbent) - O'Neil, Edwards, Debay, Glover, Noyes Roya Fouladi (incumbent) - O'Neil, Edwards, Debay, Glover, Noyes CIVIL SERVICE BOARD Appointed - Steve Bromberg (incumbent) Steve Bromberg (incumbent) - O'Neil, Edwards, Debay, Glover Noyes - abstained Doug Wood - None PARKS. BEACHES & RECREATION COMMISSION Appointed - Val Skoro Don Pfaff Paul Lessler - None Val Skoro - O'Neil, Edwards, Debay, Glover, Noyes Marilee Stockman - Edwards Don Pfaff - O'Neil, Debay, Glover, Noyes Appointed - Ed Selich (incumbent) • Michael Kranzley (incumbent) Larry Tucker - None Volume 51 - Page 318 INDEX Bds/Comm (24) City of Newport Beach City Council Minutes June 23, 1997 isJames Anderson - None Ed Selich (incumbent) - O'Neil, Edwards, Debay, Glover, Noyes Michael Kranzley (incumbent) - O'Neil, Edwards, Debay, Glover, Noyes - None Council Member Noyes reported that he spoke to Council Member Thomson about the doggie walk bag issue. Council Member Thomson asked that he relay his comments about his hopes that this would be a step towards more enforcement. He said Council Member Thomson would like the City to have some level of employees that can give citations for beach trash, dog litter, etc. ADJOURNMENT - 9:25 p.m. - In memory of Robert McCurdy, past president of the Newport Harbor Chamber of Commerce, Hoag Hospital's 552 Club, the Orange Empire Council of Boy Scouts, and Citizen of the Year irk Newport Beach. In lieu of flowers the family has requested that contributions be made to Hoag Memorial Hospital or the Newport Beach Paramedics in Bob's name. nn�x�as�s *x• *•��a+sa••r The agenda for the Regular meeting was posted on June 18, 1997 at 2:30 p.m. and the supplemental agenda was posted at 2:00 p.m. on June 20, 1997, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary City Clerk C f Volume 51 - Page 319 DiDEX