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HomeMy WebLinkAbout08/11/1997 - Regular Meeting® CITY OF NEWPORT BEACH City Council Minutes Regular Meeting August 11, 1997 - 7:00 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member Noyes. Invocation by Reverend Darrell Ford, St. James Episcopal Church. Presentation of the 1997 -98 Cultural Arts Grants. ® Presentation of Annual Report by Jim Van Hann, Orange County Water District (OCWD) Regarding the Water Supply Projects and Requirements of the City of Newport Beach. Motion by Mayor Pro Tern Edwards to waive reading of the minutes of the Regular Meeting of July 28, 1997, approve as written and order filed; and waive reading of the ordinances and resolutions under consideration and direct the City Clerk to read by titles only. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LHKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEM): None CONSENT CALENDAR ORDINANCES FOR ADOPTION Removed from the Consent Calendar by a member of the audience (William Fundenberg). 2. ADOPT ORDINANCE NO. 97 -31 AMENDING CHAPTER 15.02 OF THE NBMC TO ADOPT THE 1994 UNIFORM ADMINISTRATIVE ® CODE (UAC), 1994 EDITION, INCLUDING REVISION OF THE BOARD OF APPEALS COMPOSITION. Volume 51 - Page 376 INDEX Ord 97 -31 Uniform Admin Code (UAC) (26) City of Newport Beach City Council Minutes August 11, 1997 ® INDEX RESOLUTION FOR ADOPTION 3. ADOPT RESOLUTION NO. 97 -67 ACCEPTING THE DEDICATION Res 97 -67 OF LOT 120 OF TRACT NO. 15012 - BOB HENRY PARK. Accept the Tract 15012 offer of dedication of Lot 120 of Tract No. 15012, located at the corner of Dover Drive and Castaways Lane (16th Street), Upper Castaways Active Park site (Bob Henry Park); adopt the resolution accepting the dedication and direct the City Clerk to have the documents recorded in the Office of the Orange County Recorder. CONTRACTS AND AGREEMENTS 4. COMPLETION AND ACCEPTANCE OF BALBOA ISLAND STREET Balboa Island LIGHT REPLACEMENT - PHASE II (C- 3109). Accept the work and Street Light authorize the City Clerk to file a Notice of Completion; authorize the City Replacement Clerk to release the 'Payment Bond" 35 days after the Notice of Completion C -3109 has been recorded in accordance with applicable portions of the Civil Code; (38) authorize the City Clerk to release the 'Performance Bond" 365 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and assess liquidated damages in the amount of $10,000. 5. COMPLETION AND ACCEPTANCE OF JAMBOREE ROAD, BALBOA Jamboree/Balboa/ BOULEVARD AND RIVER AVENUE STREET REHABILITATION River Street PROJECT (C -3010) AND APPROVAL OF BUDGET AMENDMENT ® Rehab (BA -008) IN THE AMOUNT OF $104,406. Accept the work and authorize C -3010 the City Clerk to file a Notice of Completion and release the bonds 35 days BA -008 after the Notice of Completion has been recorded in accordance with (38/40) applicable portions of the Civil Code; and authorize a budget amendment to transfer $104,406 from Account Number 7181- C5100295 to the Balboa Boulevard Pavement Rehabilitation, Main to G Streets, Account Number 7181- C5100390. 6. COMPLETION AND ACCEPTANCE OF BALBOA BOULEVARD Balboa Blvd/ STREET RECONSTRUCTION FROM 14TH STREET TO 16TH 14th -16th St STREET (C- 3118). Accept the work and authorize the City Clerk to file a Reconstruction Notice of Completion and release the bonds 3:5 days after the Notice of C -3118 Completion has been recorded in accordance with applicable portions of the (38) Civil Code. 7. NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" Newport Blvd/ INTERCHANGE IMPROVEMENTS (C- 2886). Adopt the findings of PCH Arches Imp. public necessity as outlined in the staff report to allow the prime contractor C -2886 for this project, Brutoco Engineering and Construction, Inc., to designate (38) Coreslab as precast concrete slab subcontractor and determine that Brutoco should of necessity be permitted to designate Coreslab as a subcontractor without penalty. ® 8. AWARD OF CONTRACT FOR 24 -INCH WATER TRANSMISSION W Coast Hwy/ MAIN REPLACEMENT IN WEST COAST HIGHWAY AT NEWPORT Newport Blvd Water BOULEVARD (C- 3150). Approve the plans and specifications; award Main Transmission Volume 51 - Page 377 City of Newport Beach City Council Minutes August 11, 1997 ® Contract No. 3150 to Trautwein Construction of Fontana in the amount of $93,000 and authorize the Mayor and the City Clerk to execute the contract on behalf of the City. MISCELLANEOUS ACTIONS �QwtoaI�ctq AGENDA FOR AUGUST 7, 1997 10. ORANGE COUNTY WATER DISTRICT GREEN ACRES SLURRY SEAL JOINT PROJECT. Authorize a $52,847.50 contribution to the Orange County Water District for the City's share of the proposed joint slurry seal project. 11. APPROVE A CONTRIBUTION TO THE CITY OF FOUNTAIN VALLEY FOR REQUIRED PAVEMENT RE13URFACING RELATING TO THE REACH NOS. 3A & 3B, 24 -INCH WATER TRANSMISSION MAIN PROJECT AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT. Approve a contribution of $56,000 to the City of Fountain Valley for required pavement efforts related to the Reach Nos. 3A and 3B Transmission Main Project; authorize staff to execute a change order with Calfon Construction, Inc. of Rialto approving a $61,912.76 credit to the City of Newport Beach. ® 12. LIDO ISLE COMMUNITY ASSOCIATION LEASE APPRAISAL. Authorize staff to retain professional appraisal services for the Lido Isle Community Association lease not to exceed $9,000, 50% of which will be paid by the Lido Isle Association; and upon renewal of the lease, the Association's appraisal contribution will be credited on the first lease payment of the new lease. 13. APPROVE BUDGET AMENDMENT (BA -006) TO BUDGET REVENUE FOR A DONATION OF $76,000 FROM THE FRIENDS OF THE LIBRARY TO FUND MATERIALS AND PROGRAMS FOR THE LIBRARY AND $100 FROM SCRIPT TO SCREEN FOR FILMING A COMMERCIAL AT THE LIBRARY. 14. REPORT FROM THE PUBLIC SAFETY COMMITTEE RECOMMENDING APPROVAL OF BUDGET AMENDMENT (BA -007) FOR THE PURCHASE OF A RADAR DISPLAY TRAILER. Appropriate an additional $5,000 to provide adequate supplemental funding for the purchase of a new computer equipped radar display trailer and approve BA- 007 in the amount of $5,000. 15. APPROVE BUDGET AMENDMENT (BA -009) IN THE AMOUNT OF $7,500 TO TRANSFER DONATIONS RECEIVED FOR THE DEDICATION OF BOB HENRY PARK TO SERVICES -PROF AND TECH, TO PAY FOR EXPENSES FOR TILE CEREMONY TO BE HELD ON AUGUST 17, 1997. O16. CORPORATION YARD TELEPHONE SYSTEM AND APPROVAL OF BUDGET AMENDMENT (BA -010) IN THE AMOUNT OF $33,000. Volume 51 - Page 378 INDEX E3; Planning (68) Green Acres/ OCWD Slurry Seal Jt Proj C -3055 (38) City of Fountain Valley /Ground- Water project C -3004 (38) Lido Isle Comm Assn Lease Appraisal C -579 (38) Library BA -006 (40) Police Dept BA -007 (40/70) Bob Henry Park BA -009 (40) Corp Yard Telephone System L I City of Newport Beach City Council Minutes August 11, 1997 Approve the replacement of the Corporation Yard telephone system at a cost not to exceed $33,000 and approve BA -010 to transfer General Fund Stabilization Reserve to a new General Fund Automation /Communication Capital project to replace the telephone system and equipment at the City Yard. 17. Removed from the Consent Calendar by Mayor Pro Tern Edwards. S21. BIRCH STREET OVERCROSSING AT STATE ROUTE 73 (CORONA DEL MAR FREEWAY - SAN JOAQUIN HILLS TOLLWAY) (C- 2931). Adopt the findings of public necessity as outlined in the staff report to allow the prime contractor for this project, Heritage Engineering Construction, Inc., to designate F.J. Johnson, Inc. as lighting, sign illumination, and traffic signal subcontractor; Alcorn Fence as chain :link railing subcontractor, Marina Landscape as landscape and irrigation subcontractor, and Orange County Striping as traffic striping subcontractor, and determine that Heritage Engineering Construction, Inc. should of necessity be permitted to designate F.J. Johnson, Inc., Alcorn Fence, Marina Landscape, and Orange County Striping as subcontractors without penalty. MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED Q and 17). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR, 1. ADOPT ORDINANCE NO. 97 -30, AMENDMENT TO MUNICIPAL CODE REGARDING ALLOCATION OF REVENUE FROM ON. STREET PARKING METERS AND ESTABLISHMENT OF BALBOA PENINSULA NEIGHBORHOOD ENHANCEMENT AREA. Assistant City Manager Wood stated that this ordinance is based on the City Council's direction after receiving the recommendations for the Balboa Peninsula Revitalization program. One of the objectives was for the funding for the improvements being considered in that area to come from the peninsula itself, therefore one of the ways that can be done is by taking advantage of the provisions that already exist in the municipal code to establish neighborhood enhancement areas. An enhancement area can be established for the peninsula and 50% of the parking meter revenue can be allocated to the enhancement reserve to be used for improvements other than off - street parking facilities. William Fundenberg, 808 West Balboa Blvd., pointed out an omission error in the lettering of subsection C of Section 12.44.025. He said that he is unclear about this, however believes that this makes it possible in the future for the City to utilize neighborhood enhancement reserves in a more expanded way. He questioned whether this would allow the City more flexibility with the use of parking meter revenues in an area which otherwise would be classified as a recreational area so that other restrictions would apply if the ordinance were not adopted. Volume 51 - Page 379 I 1 BA -010 (40) Birch St Overcrossing St Rt 73 C -2931 (38) Finance/Parking Ord 97 -30 (40/85) City of Newport Beach City Council Minutes August 11, 1997 isAssistant City Manager Wood explained that this doesn't actually expand the uses of the neighborhood enhancement reserve fund, but establishes a new area in the City where there would be a reserve and the funds could be used for those expanded purposes that are already set forth in the code. She clarified that this is another way of keeping the money that is collected in an area in the same area and to use it for public improvements in addition to off - street parking facilities. Motion by Council Member O'Neil to adopt Ordinance No. 97 -30 and to correct the typographical error to denote subsection C on page 2 of the ordinance. Without objection, the motion carried by acclamation. 17. APPROVE BUDGET AMENDMENT (BA -0111) IN THE AMOUNT OF $5,092 FOR REORGANIZATION OF THE CITY CLERK'S OFFICE. Mayor Pro Tem Edwards asked for clarification on the current budgeted amount ($62,327) and the need for an additional $5,092 in the next 90 days for a total of $67,419 and the estimated budget of $71,000 plus benefits for the following year. City Clerk Harkless explained that the current budget includes benefits for a full -time assistant, the other position is part: time and does not have benefits. ® Motion by Council Member O'Neil to approve BA -011 to transfer $5,092 from the General Fund Stabilization Reserve to budgeted salaries to hire two full - time Deputy City Clerks. Council Member Glover noted that this item was left in the budget cycle and she thought it was intended to come back through the Finance Committee. Mrs. Harkless explained that she was not in attendance at the meeting when this proposal was discussed, however she checked the minutes and noted that the minutes did not reflect that this was to return to the Finance Committee. With Mayor Pro Tem Edwards and Council Member Glover dissenting, the motion carried. PUBLIC COMMENTS • Council Member Glover, on behalf of the Harbor Quality Committee, reported that a member of the Orange County Health Department attended their meeting on Thursday and reported that funding has been restored to test areas that were eliminated after the bankruptcy. The Health Department has also been studying the Santa Monica Bay Study that connects urban runoff and human illness. Due to the fact that the testing is being done more frequently and in certain areas, the Health Department ® identified some areas in Newport Beach that had high coliform counts historically because of low water flows. None of the beaches have been closed but two areas of the lower Newport Bay that are not used for Volume 51 - Page 380 111 City Clerk BA -011 (40/32) City of Newport Beach City Council Minutes August 11, 1997 swimming have been closed because of high coliform counts. These areas are 33rd to 37th Street and Lido Park Drive to 28th Street. Signs informing the public were posted on Friday, August 8th and the Harbor Quality Committee is working with the Fire and Marine Chief on an educational program. The chief will also be looking at the present infrastructure and the storm drains to make sure there are no cracks. She stated that other areas of the bay tested better than they have tested in years and are continuing to test very good. She said that this is an area where there needs to be some corrective action and the Harbor Quality Committee will be reporting back to the Council after the infrastructure is checked and an education program has been put together. In response to Council Member Noyes' request that Council be informed when these types of incidents occur, Council Member Glover explained that as soon as it was brought to the committee's attention staff was directed to advise Assistant City Manager Wood so she could send out a fax to the entire City Council. When she did not receive the fax she checked with Mrs. Wood and found out that she had not been informed. Mrs. Wood explained that the County Health Department did not inform the staff ahead of time and the first that staff heard of it was at the committee meeting. Subsequently, conversations have been held between the two staffs in order for the City to get earlier warnings in the future. ® Council Member Glover reported that the areas could be closed for quite some time while all the infrastructure is examined for cracks, to see if there are problems with the storm drains, and then if problems are identified, adequate time to alleviate them. Some of the areas along the coast have been closed for quite awhile. Mayor Pro Tem Edwards asked what the County's responsibility is in this and if they are responsible for all the testing. Council Member Glover explained that the County is responsible for the testing under the new program and this would not have been a problem but because of some of the studies that have been done in the Santa Monica Bay recently, they have now connected some of the urban runoff with human illnesses. A year ago if the same figures had come in this area would not have been closed. She reported that about a month ago the County budget reinstated the testing program and the testing is being done more consistently now and is better than the testing program that existed prior to the bankruptcy. In response to Mayor Pro Tem Edwards' concerns about the effect on the lifeguards, Council Member Glover explained that the areas that have been closed are not swimming beaches so there are no lifeguards in the area. Mayor Pro Tem Edwards asked if there are any opportunities for the reinstatement of the funding for the lifeguards. ® Mayor Debay said that lengthy discussions have been held with City Manager Murphy about the reinstatement of those funds, and so far the Volume 51 - Page 381 u 0 City of Newport Beach City Council Minutes August 11, 1997 answer is "no." Mayor Pro Tem Edwards suggested that Supervisor Wilson might be able to assist with the reinstatement of those funds. Riki Kucheck, Chair of the City Arts Commission, 137 Canyon Crest Drive, asked the Council to reconsider an action taken by the City Council on July 28, 1997 wherein $6000 was taken from their budget. She reported that the Commission has been working for over a year on a Cultural Arts Master Plan to identify the needs of the City. She said the $6000 was allocated to finish up the master plan, which will give them a base as far as projects and future things that the Arts Commission should be doing. PUBLIC HEARINGS 18. ADOPT ORDINANCE NO. 97 -29 APPROVING AN AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT REGULATION TO REDESIGNATE "RETAIL COMMERCIAL Site V (MACARTHUR SQUARE) TO "GENERAL COMMERCIAL SITE No. 6" AND TO ADD INSTITUTIONAL, INSTRUCTIONAL AND EDUCATIONAL USES TO THE LIST OF PERMITTED USES SUBJECT TO APPROVAL OF A USE PERMIT. (Planning Commission Amendment No. 861.) Planning Director Temple gave a brief overview of the proposed changes. Mayor Debay opened the public hearing. Bud Small, owner and applicant, said he concurs with the staff recommendations and is available to answer questions. The public hearing was closed. Motion by Council Member O Neil to adopt Ordinance No. 97 -29 approving Amendment No. 861. Without objection, the motion carried by acclamation. 19. PARKING ON 33RD STREET BETWEEN BALBOA BOULEVARD AND SEASHORE DRIVE. Motion by Mayor Pro Tem Edwards to continue this item to August 25, 1997. Council Member Hedges explained that he had requested that this item be continued because of his work schedule, however due to some changes to his schedule, he was able to make the meeting after all. Without objection, the motion carried by acclamation. Volume 51 - Page 382 INDEX Zoning Ord 97 -29 PCA 861 (94) Traffic/Parking (85) City of Newport Beach City Council Minutes August 11, 1997 ® 20. MARINER'S MILE BUSINESS AND CITIZENS COMMITTEE RECOMMENDATION. Assistant City Manager Wood explained that this project was done by a committee that the Council appointed approximately one year ago and was evenly balanced between business and property owners along Mariner's Mile and the residents who own property on Kings Way and Cliff Drive. Council Member Glover worked extensively with this committee as they were formulating their recommendations. Since those recommendations have been prepared staff has been working with prospective consultants to work on a scope of services to implement the first phases of those recommendations. At this point staff would like to provide more opportunity for Council Member Glover and other Council Members to make sure everyone understands the scope of services and perhaps to make some refinements before a consultant agreement is awarded. She said staff is recommending that this item be continued. Motion by Council Member Glover to establish an ad hoc committee consisting of herself, Mayor Debay and Mayor PYo Tern Edwards to review the proposals, work with staff and return to Council with a recommendation. Without objection, the motion carried by acclamation. ® Motion by Council Member O'Neil to reconsider the action taken on July 28, 1997 transferring $5,950 from the Arts & Cultural Division budget to the Library Division for the establishment of an American History collection. Council Member Hedges said he thinks it would be more appropriate for the Council to consider a separate action to reallocate funding from General Fiend Reserves to the Arts Commission for the purpose of retaining a consultant to complete the City cultural arts master plan, rather than to reconsider a previous action. Mayor Pro Tem Edwards spoke in support of the motion and explained that he is not opposed to doing two things, getting the Cultural Arts grant back and allowing the other provisions that have gone to the library to remain so. Mayor Debay reported that she asked Community Services Director Kienitz for a report from the Library as far as Council Member Hedges' desire to have a historical collection, so that the report could be part of either one or two actions. She noted that all of the Council voted in favor of enhancing the library with this collection. With Council Member Hedges dissenting, the motion carried. - 5:05 p.m. rI Volume 51 - Page 383 INDEX Mariner's Mile Bus/CAC (24) r City of Newport Beach City Council Minutes August 11, 1997 The agenda for the Regular meeting was posted on August 6, 1997 at 1:45 p.m. and the Supplemental Agenda was posted on August 8, 1997 at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. a A�,�. City Clerk Recording Secretary a or Volume 51 - Page 384 INDEX