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Home My WebLink About11/09/1998 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 9, 1998 - 7:00 p.m. INDEX 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: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Absent: Hedges (excused) Pledge of Allegiance - Council Member Glover. Invocation by Tom Gazsi, Detective, Newport Beach Police Department. Update from Orange County Fifth District Supervisor Tom Wilson. Supervisor Wilson expressed his desire to maintain open channels of communication and keep the City informed of what is happening at the Board of Supervisors' level. • He specifically thanked City Attorney Burnham and Assistant to the City Manager Kiff for their assistance on many issues of mutual concern. Supervisor Wilson also thanked the City Council for their leadership and commitment. Supervisor Wilson stated that he plans to return to a City Council meeting in the Spring and provide a County update. Mayor Pro Tern O'Neil thanked Supervisor Wilson for his support on a number of issues and asked what his support would be in getting the settlement agreement for John Wayne Airport extended when it expires in 2005. Supervisor Wilson stated that he is committed to working towards not having John Wayne Airport expanded and keeping the caps reasonable. He is open to discussion and exploring all the options available to the Orange County area. In reference to Supervisor Wilson's mention of an initiative, Council Member Glover asked what his stand would be. Supervisor Wilson stated that there is not an initiative yet, he is only speculating that there will be one and he wouldn't be surprised if both sides of the El Toro issue are successful in getting an initiative on the ballot. Mayor Edwards provided Supervisor Wilson with a recent mailer sent by the El Toro airport opponents, and asked if he would comment on :it, like he did with a recent proponent mailing. Supervisor Wilson stated that the piece presented to him did seem extreme. Mayor Edwards pointed out that if both sides would deal with factual issues only, open dialog could be improved. Supervisor Wilson agreed. • Presentation of the Certificate of Achievement for Excellence in Financial Reporting for the City's 1996 -97 Comprehensive Annual Financial Report Volume 52 - Page 213 City of Newport Beach City Council Minutes November 9, 1998 INDEX • and the Distinguished Budget Presentation Award for the City's 1997 -98 Budget, from the Government Finance Officers Association (GFOA) of the United States and Canada, to Dick Kurth, Acting Administrative Services Director. Upon presentation by Mayor Edwards, Acting Administrative Services Director Kurth acknowledged Acting City Manager Danner and the staff members that work on the budget and the budget documents. Mayor Pro Tem O'Neil thanked Acting Administrative Services Director Kurth for the work he does on behalf of the • City during the-budget process. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON DISCUSSION ITEM): • Council Member Glover requested that staff prepare a status report regarding the clean -up process on-Newport Boulevard and the 55 Freeway with CalTrans. Mayor Pro Tem O'Neil stated that he has received several inquiries regarding the construction taking place on the "flower" streets in Corona del Mar. He stated that there is concern that the development is massive in size and height, and possibly changing the characteristic of the older community. Assistant City Manager Wood confirmed for Mayor Pro Tem O'Neil that, at the request of Planning Commissioner Ed Selich, the item has been placed on the next Planning Commission agenda. • Mayor Pro Tem O'Neil stated that he has also received complaints about the • lane closure adjacent to the Crown Cove project, at Coast Highway near the Five Crowns restaurant. He stated that he understands that the developer does not have the authority to close a lane on the weekends, and requested that Public Works Director Webb work with CalTrans on keeping that lane open as much as possible. Acting City Manager Danner confirmed for Council Member Debay that the December issue of the City -wide newsletter would be distributed in the Navigator, as done with previous issues. Council Member Debay felt that this was not an effective way to reach the citizens, as many do not know that the newsletter is contained inside the publication. She announced that citizens will need to look inside the Navigator for the newsletter when they receive it in December. Mayor Edwards via a note he requested Public Works Director Webb read out loud, requested that staff look into the removal of the temporary fence at the new Castaways site. CONSENT CALENDAR READING OF MINUTES/ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF OCTOBER 26, 1998 AND ADJOURNED REGULAR MEETING OF OCTOBER 29, 1998. • Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in Volume 52 - Page 214 City of Newport Beach City Council Minutes November 9, 1998 • full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION INDEX 3. ADOPT ORDINANCE NO. 98 -24 AMENDING CHAPTER 17.22 OF Ord 98 -24 THE NBMC, ANCHORAGE AND MOORING REGULATIONS, Offshore .-REGARDING - INOPERABLE AND UNSEAWORTHY VESSELS ON Moorings OFFSHORE MOORINGS. Adopt ordinance. (51) RESOLUTIONS FOR ADOPTION 4. Removed from the Consent Calendar by Council Member Debay. 5. ADOP.T..RESOLUTION NO. 98 -69 REQUIRING TRAFFIC ON 11TH Res 98 -69 STREET AND 13TH STREET TO STOP AT THE INTERSECTION OF Stop Signs /11th& WEST BAY AVENUE. I 13th Streets (85) 6. TERMINATION AND ASSIGNMENT OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISES. Removed from the calendar. 7. COOPERATIVE AGREEMENTS - UPPER NEWPORT BAY AND SAN DIEGO CREEK WATERSHED. a) Adopt Resolution No. 98 -70 approving the 2.d Amendment to the Cooperative Agreement on the San Diego • Creek/Upper Newport Bay Watershed and entering into a new Cooperative Agreement entitled Newport Bay /San Diego Creek Watershed Sediment Control Monitoring and In- Channel Maintenance Program; and b) authorize the Mayor, on behalf of the City Council, to execute both the Second Amendment and the new Cooperative Agreement. 8. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAYS ALONG THE EASTERLY SIDE OF JAMBOREE ROAD AND THE NORTHERLY SIDE OF FORD ROAD ADJACENT TO THE FORDILORAL DEVELOPMENT. Adopt Resolution No. 98.71 declaring the City's intention to vacate portions of right -of -ways along Jamboree Road and Ford Road; accepting a map showing the easements to be vacated; and setting December 14, 1998, as the date for the public hearing concerning the intended vacation. 9. ADOPT RESOLUTION NO. 98 -72 AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. CONTRACTS AND AGREEMENTS 10. STORM DRAIN MASTER PLAN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve a Professional Services Agreement • with John M. Tettemer & Associates of Costa Mesa for professional engineering services for a contract price of $153,906 (firm employs former Volume 52 - Page 215 Solid Waste Franchises (42) Res 98 -70 C -2203 C -3243 San Diego Creek/ Newport Bay Watershed (38) Res 98 -71 Vacation and Abandonment Easements/ Jamboree Rd./ Ford Road (90) Res 98 -72 C -563 PERS Contract (38) C -3244 BA -019 Storm Drain Master Plan City of Newport Beach City Council Minutes November 9, 1998 INDEX • City employees); and authorize a Budget Amendment (BA -019) to transfer Professional $53,906 from Account No. 7012- C5100008, Storm Drain Improvement Services Project, to Account No. 7012- C5100452, Storm Drain Master Plan. (38/40) 11. 32ND STREET AND NEWPORT BOULEVARD IMPROVEMENTS - C -3245 APPROVAL OF PROFESSIONAL SERVICES AGREEMENT. Approve 32nd Street & a Professional Services Agreement with Dewan, Lundin & Associates of Newport Blvd. Garden -Grove for- professional engineering services for a contract price of Improvements $34,290. (38) 12. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR MACARTHUR BOULEVARD REHABILITATION FROM JAMBOREE ROAD TO CAMPUS DRIVE (C- 3240). Approve a Professional Services Agreement with KFM Engineering, Inc. of Irvine for professional engineering services for a contract price of $37,275. 13. NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" INTERCHANGE IMPROVEMENTS (C- 2886). Approve Amendment No. 2 to the Cooperation and Reimbursement Agreement with the County Sanitation Districts of Orange County for constructing sewer improvements with the Arches Interchange Project and authorize the Mayor and City Clerk to execute Amendment No. 2; and authorize a budget amendment (BA -020) to adjust revenue to the Contribution Fund in the amount of $94,222 and appropriate the same amount in Account No. 7251- C5100199. • 14. LEASE AGREEMENT WITH SCHOCK BOATS AND THE CITY OF NEWPORT BEACH. Removed from the calendar. 15. MEMORANDUM OF UNDERSTANDING (MOU) - NEWPORT BEACH PROFESSIONAL & TECHNICAL EMPLOYEES ASSOCIATION. Approve the MOU between the City and the Newport Beach Professional & Technical Employees for the period from July 1, 1998 to June 30, 2001. • MISCELLANEOUS ACTIONS 16. PLANNING COMMISSION AGENDA FOR NOVEMBER 5, 1998. Receive and file. 17. PARKING METER PROGRAM STATUS REPORT. Receive and file. 18. APPROVE BUDGET AMENDMENT (BA -018) TO APPROPRIATE THE $3800 GRANT RECEIPT FROM THE CALIFORNIA STATE LIBRARY FAMILIES FOR LITERACY. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for the item removed (4), and the items pulled from the calendar (6 and 14). Without objection, the motion carried by acclamation. Volume 52 - Page 216 C -3240 MacArthur Blvd. Rehabilitation (38) C -2886 BA -020 Newport Blvd. & Coast Hwy. "Arches" Interchange Improvements (38/40) C- 2650 /Schock Boats (3S) C -2051 Prof. /Tech. MOU (38) Planning (68) Parking Meters (85) BA -018 Library Grant (50/40) City of Newport Beach City Council Minutes November 9, 1998 is ITEMS REMOVED FROM THE CONSENT CALENDAR 4. ADOPT RESOLUTION NO. 98 -68 ESTABLISHING NO PARKING RESTRICTIONS FOR STREET SWEEPING FROM 8:30 A.M. TO 12:30 P.M. ON HILARIA WAY AND PATRICE ROAD. Council Member Debay stated that she has been working with staff on the comprehensive parking problem in the area, partly due to employees of the Park Lido Medical Building parking on the street instead of on -site. She said that staff has formed a committee comprised of Code Enforcement Supervisor Jim Sinasek, Assistant City Attorney Robin Clausen and Planning Director Patty Temple to work on enforcement of the business's parking condition. Council Member Debay stated that the Traffic Affairs Committee is also hearing the issue. Motion by Council Member Debay to adopt Resolution 98 -68, with the condition that the City work on a comprehensive parking solution for the area. Without objection, the motion carried by acclamation. - None. • 19. 90 -DAY REVIEW OF BUDGET CHECKLIST. Acting City Manager Danner stated that the eight items before the City Council at this meeting include seven items from the budget checklist that were not acted upon at the time the 1998 -99 budget was adopted, and one item that has been added since that time. Motion by Mayor Pro Tern O'Neil to approve the budget checklist recommendations as stated in the staff report, and appropriate $5,000 towards the Environmental Nature Center. Council Member Glover added that the program to add flags to two bridges in Newport Beach has been very well received by the community. She said that the Exchange Club has agreed to adopt and provide the flags for the Bay Bridge, and that she will be meeting soon with three other service clubs that want to participate on the Arches Bridge. Without objection, the motion carried by acclamation. 20. PROPOSAL FOR A PERMANENT JUNIOR. LIFEGUARD TRAINING AND COMMUNITY CENTER. Motion by Council Member Noyes to continue the item to December 14, 1998. . Without objection, the motion carried by acclamation. Volume 52 - Page 217 INDEX Res 98 -68 Parking Restrictions (85) Budget Checklist (40) Junior Lifeguard Training and Community Center (51) u • • City of Newport Beach City Council Minutes November 9, 1998 21. PARTICIPATION IN THE SANTA ANA RIVER CROSSINGS (SARX) STUDY POLICY ADVISORY COMMITTEE AND APPOINTMENT OF ONE COUNCIL MEMBER TO REPRESENT THE CITY OF NEWPORT BEACH ON THE COMMITTEE. -Motion-by -Mayor Edwards to approve the City's participation in the Santa Ana River Crossings (SARX) Study Policy Advisory Committee; and appoint Council Member Debay to represent the City on the committee with Council Member Glover as the alternate. Without objection, the motion carried by acclamation. 22. POLICE DEPARTMENT REVIEW. Motion by Mayor Pro Tern O'Neil to direct staff to submit Chief McDonell's report within the next 30 days for City Council review and follow -up action as deemed appropriate. Without objection, the motion carried by acclamation. MOTIONS FOR RECONSIDERATION - None. — 7:40 p.m. ** xxw ,tww� «raaaaasr� *xxxxtx:xxxtete The agenda for the Regular Meeting was posted on November 4, 1998, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 52 - Page 218 INDEX Santa Ana River Crossing (SARX) Study Policy Advisory Committee (X (W) Police Department Review (70)