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HomeMy WebLinkAbout04/22/1996 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 22, 1996 - 7:00 p.m. INDEX • CLOSED SESSION - 5:00 p.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, Cox, Glover, Watt and Mayor Hedges Absent: Debay (excused) Mayor Hedges reported that Mayor Pro Tern Debay fractured her knee and would not be in attendance, however would be back for the May 13, 1996 meeting. An award was presented to Bob Black, representing Central Balboa, from the Urban Design Architects Group for Being Selected as a Public Place in Orange County. The proclamation declaring April 30, 1996 as Arbor Day in the City of Newport Beach was presented to Bob Schonlau, Parks, Beaches and Recreation Commission. Mr. Schonlau reported that the proclamation will be re- presented to the Mariners School student body on April 30, 1996. _Motion by Council Member Cox to waive reading of the minutes of the meeting of April 8, 1996, to approve as written and order filed. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None Motion by Council Member Cox 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, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- DISCUSSION ITEM): None CONSENT CALENDAR ORDINANCES FOR INTRODUCTION • 1. INTRODUCE ORDINANCE NO. 96 -16 AMENDING PORTIONS OF DISTRICTING MAP NO. 18 TO ALTER THE BOUNDARY BETWEEN THE Ord 96 -16 "R -1" AND "PC" DISTRICTS (PLANNING COMMISSION AMENDMENT NO. 352 Hazel Drive 847) - K.J. CATANZARITE AND SO CAL IBEW -NECA PENSION PLAN (352 PCA 847 (94) HAZEL DRIVE AND 3901 EAST COAST HIGHWAY). Pass to second reading Volume 50 - Page 125 City of Newport Beach City Council Minutes April 22, 1996 INDEX and schedule public hearing for May 13, 1996 to consider Amendment No. 847, General Plan Amendment No. 96 -1(C) and Local Coastal Program Amendment No. 45. 2. INTRODUCE ORDINANCE NO. 96 -17 APPROVING AN AMENDMENT TO • THE CONTRACT BETWEEN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY TO CHANGE THE LEVEL OF THE Ord 96 -17 PERS SURVIVOR BENEFIT PROGRAM FOR MISCELLANEOUS AND SAFETY C-563 (38) EMPLOYEES. Pass to second reading on May 13, 1996. RESOLUTIONS FOR ADOPTION 3. ADOPT RESOLUTION NO. 96 -33 AUTHORIZING THE CITY MANAGER TO Peace Officers Training EXECUTE CONTRACTS WITH POST (PEACE OFFICERS STANDARDS Videos Res 96 -33 AND TRAINING) FOR PRODUCTION OF TRAINING VIDEOS. C-3066 (38) CONTRACTS AND AGREEMENTS 4. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE, LIDO ISLE BRIDGE, Balboa Is /Lido Is /Newpo AND NEWPORT ISLAND BRIDGE (CONTRACT NO. 2804) - APPROVE Island Bridges CONSULTANT AGREEMENT. Approve a consultant agreement with Dokken C -2804 (38) Engineering and authorize Mayor and City Clerk to execute the agreement. 5. 15TH STREET REHABILITATION AND STORM DRAIN AND WATER MAIN I St Rehab & Storm CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE Drain/Water Main AVENUE (CONTRACT NO. 2661) - AWARD CONTRACT. Award contract to C -2661 (38) Gillespie Construction, Inc. in the amount of $1,028,797; authorize the Mayor and City Clerk to execute the contract; and provide a construction contingency amount of $50,000. • 6. EL PASEO STORM DRAIN (CONTRACT NO. 3074) - AWARD CONTRACT. Award contract to Steve P. Rados Co., Inc. in the amount of $2,168,959 and El Paseo Storm Drain (Rados Co) authorize a project management, construction engineering and contingency C -3074 (38) amount of $321,583. 7. CONSULTANT AGREEMENT WITH HARRIS AND ASSOCIATES FOR EL El Paseo Storm Drain PASEO STORM DRAIN (CONTRACT NO. 3074) - APPROVE CONSULTANT (Harris & Assoc.) AGREEMENT. Approve a Consultant Agreement with Hams and Associates C -3074 (38) for construction management and inspection services for a not -to- exceed fee of $118,500 and authorize the Mayor and City Clerk to sign the agreement on behalf of the City. 8. PROFESSIONAL SERVICES CONTRACT FOR TRANSPORTATION Transportation MODELING ($45,000) - APPROVE RETENTION OF CONSULTING FIRM Modeling AND BUDGET AMENDMENT (BA -039) FOR $29,000. Authorize staff to retain (Austin - Foust) the consulting firm of Austin -Foust Associates, Inc. to perform transportation C -3061 modeling work in conjunction with an update to the Circulation Element of the (38) General Plan at a cost of $45,000, and approve budget amendment (BA -039) to transfer $29,000 from Account No. 7181- C5100070 to Account No. 7014- BA -039 (40) C5200143. 9. COMPLETION AND ACCEPTANCE OF THE BALBOA BOULEVARD Balboa Blvd Recon- RECONSTRUCTION, 12TH STREET TO 14TH STREET (CONTRACT NO. struction -12"' -14N 2936) - ACCEPTANCE OF WORK. Accept the work; authorize the City Clerk Sts to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the C -2936 (38) • Civil Code. 10. AMENDMENT TO CONSULTANT AGREEMENT WITH EMMET BERKERY Fletcher-Jones Motor - (FLETCHER JONES MOTORCARS /BAYVIEW WAY EXTENSION) cars/Bayview Extension (CONTRACT NO. 3026) - APPROVE CONTRACT AMENDMENT NO. 3. C -3026 (38) Approve Amendment No. 3 to consultant agreement with Emmet Berkery for Volume 50 - Page 126 City of Newport Beach City Council Minutes April 22, 1996 continued project management services in the amount of $15,000, thereby increasing the not -to- exceed amount from $70,000 to $85,000; and authorize the City Manager and City Clerk to sign Amendment No. 3. 11. CONSULTANT AGREEMENT WITH MOFFATT & NICHOL FOR FINAL • DESIGN OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE IMPROVEMENTS (CONTRACT NO. 2886) - APPROVE CONSULTANT AGREEMENT AND BUDGET AMENDMENT (BA -040) FOR $53,069.08 AND BUDGET AMENDMENT (BA -041) FOR $35,870.69. Approve a consultant agreement with Moffatt & Nichol Engineers for final design services in the amount of $985,000; authorize the Mayor and City Clerk to sign the consultant agreement on behalf of the City; approve budget amendment (BA -040) to increase revenues to the OCCTFP Fund and increase the appropriation to Account No. 7282- C5100199 in the amount of $53,069.08; and approve budget amendment (BA -041) in the amount of $35,870.69 to Account No. 7432- C5100199. 12. 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) - APPROVE PLANS AND SPECIFICATIONS. Approve plans and specifications; affirm categorical exemption; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on May 15, 1996. 13. COOPERATIVE AGREEMENT NO. 12 -246 WITH CALTRANS FOR DESIGN OVERSIGHT OF NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY INTERCHANGE IMPROVEMENTS (CONTRACT NO. 2886) - APPROVE AGREEMENT. Approve Cooperative Agreement No. 12 -246 with Caltrans and authorize the Mayor and City Clerk to sign agreement on behalf of the City. 14. FLEET MAINTENANCE AND PROCUREMENT STUDY - AGREEMENT FOR • SERVICES AND APPROVAL OF BUDGET AMENDMENT (BA -042) FOR $30,000. Direct staff to complete an agreement for services with Arroyo Associates, Inc. to conduct study at a cost of $30,000; and approve Budget Amendment (BA -042) transferring funds from the Internal Service Fund for equipment maintenance and replacement to an appropriate expenditure account. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA -April 18, 1996. 16. APPROVE REVISIONS TO COUNCIL POLICY F -1 (STATEMENT OF INVESTMENT POLICY). Approve policy as submitted. 17. ORDINANCE NO. 96 -6 AMENDING CHAPTER 20.72 (RESTAURANTS) OF THE NBMC TO ALLOW SPECIALTY FOOD SERVICE USES TO HAVE ALCOHOLIC BEVERAGE SALES AND LIVE ENTERTAINMENT ON A LIMITED BASIS (PLANNING COMMISSION AMENDMENT 839) (contd. from March 11, 1996). Table Ordinance No. 96 -6 (Amendment No. 839) and direct staff to proceed with a comprehensive revision to Chapter 20.72. MOTION BY COUNCIL MEMBER EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (None). The motion carried by the following roll call vote: • Ayes: O'Neil, Edwards, Cox, Glover, Waft and Mayor Hedges Noes: None Absent: Debay Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR - None Volume 50 - Page 127 INDEX Newport Blvd & PCH Interchange Imp C -2886 BA -040 (40) BA -041 (40) Traffic Signal /Safety Lighting - Dover, Cliff & 16th St C -2808 (38) Caltrans /Oversight Newport Blvd & PCH Interchange Imp C -2886 (38) Fleet Maintenance & Proc Study C- 3041(38) BA -042 (40) (68) Council Policy F -1 (69) Ord 96-6 Zoning (94) PCA 839 City of Newport Beach City Council Minutes April 22, 1996 PUBLIC HEARINGS 18. ORDINANCE NO. 96 -15 Approving an Amendment to Section 20.06.070 of the Newport Beach Municipal Code to Revise Regulations for Illuminated Signs. • Acting Planning Director Temple explained the proposed ordinance noting that it would allow staff a high degree of discretion in determining the appropriate level of sign luminance for new signs at levels established by the industry which provide the highest degree of readability with the least amount of intrusion. She further explained that the California Business and Professions Code requires that any city adopting or modifying any ordinance or regulation which regulates or prohibits the use of on -site signs must include provisions for the inventory and identification of illegal or abandoned signs, as well as provide compensation if any existing sign is compelled to be removed or if the sign's use is limited by the ordinance. Ms. Temple explained that the staff is not recommending adopting any provisions regarding amortization and indicated that the Council may want to defer the question of the amortization of nonconforming signs until a comprehensive review and update of the City's sign regulations is undertaken. In response to Council Member Glover, she explained that compensation is required by the State only if the City adopts requirements that existing signs conform to the regulations, however the proposed ordinance only requires that new signs conform. Mayor Hedges opened the public hearing, and hearing no testimony, closed the hearing. Motion by Council Member O'Neil to adopt Ordinance No. 96 -15 • approving an amendment to Section 20.06.070 regulating illuminated signs. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None Motion by Council Member Edwards to approve changing the order of business to hold the Community Development Block Grant (CDBG) hearing after public comments. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None 20. AMENDMENT TO THE UPPER CASTAWAYS PLANNED COMMUNITY (PC) DISTRICT REGULATIONS TO CHANGE THE REQUIRED STREET SETBACK ALONG DOVER DRIVE (900 DOVER DRIVE) FROM 35 FEET TO 25 FEET CONSISTENT WITH PRIOR CITY COUNCIL ACTIONS. Acting Planning Director Temple explained that this item is a housekeeping matter which will make the Upper Castaways Planned • Community Development regulations consistent with the conditions of approval for the tentative map of tract and site plan review. The proposed amendment changes the required street setback along Dover Drive from 35 feet to 25 feet. Volume 50 - Page 128 INDEX Ord 96 -15 Zoning Illum Signs (94) Upper Castaways PC District Regs 900 Dover Drive Res 96-35 (68) City of Newport Beach City Council Minutes April 22, 1996 Mayor Hedges opened the public hearing and hearing no testimony, closed the hearing. Motion by Council Member Glover to adopt Resolution No. 96 -35 approving Amendment No. 843. The motion carried by the following roll • call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None 21. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BY COASTAL CITY YELLOW CAB. City Manager Murphy explained that staff is requesting that this hearing be continued to May 13, 1996. He also reported that the Orange County Transportation Authority staff reported some positive feedback from other cities regarding the transfer of approval authority on these applications to a regional entity. Motion by Council Member O'Neil to open the public hearing and continue it to May 13, 1996. Roger Lee, representing Triple A Yellow Cab, spoke in opposition to the approval of the subject application. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: is Debay Abstain: None PUBLIC COMMENTS Rosalyn Williams, Newport Beach Conference and Visitors Bureau, reported that May 5 -12, 1996 is National Tourism Week and presented a symbolic check in the amount of $17.4 million to the City Council representing the revenue from tourism in fiscal year 1994 -95. Jo Christian - Craig, business owner on the Balboa Peninsula, voiced concerns about receiving a parking citation for tandem parking in the Edgewater lot. She requested that this issue be investigated before others receive citations. 19. APPROVAL OF A ONE -YEAR ACTION PLAN ALLOCATING FY 1996 -97 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Principal Planner Craig Bluell briefly reported on the program and indicated that approval of a one -year action plan and budget are required. He noted that because of the federal budget situation, staff prepared a budget with four (4) possible allocations for the FY 1996 -97 program, however as late as 4:30 p.m. today, HUD indicated that Congress will more than likely approve a 100% budget and if there is a reduction, it • would be no more than 10 %. Mr. Bluell reviewed the methodology used to determine the funding allocations. Council Member Glover questioned whether the housing provided by Mercy House to single men and single mothers with children was for low - income residents. Mr. Bluell indicated that they were low- income and Volume 60 - Page 129 INDEX Coastal City Yellow Cab (27) CDBG Res 96-34 FY96 -97 (87) • • City of Newport Beach City Council Minutes April 22, 1996 probably homeless. Council Member Glover noted that last year one of the groups, either FISH or SPIN, provided a literacy program, and she questioned whether the same allocation formula could be used to provide funding for that group again, since there are problems getting funding for the library's literacy program. Mr. Bluell stated that the group has not applied for funding, however if they do, the application can be processed and funding provided if the participants meet the low- income requirements. Mayor Hedges opened the public hearing and hearing no testimony, closed the hearing. Council Member Watt made a motion to continue the hearing to May 13, 1996 since Mayor Pro Tem Debay received a request from the Orange County Council on Aging to consider their application for the amount requested, thus reducing the other allocations proportionately and also to allow Council and the public more time to review the applications since the decisions are discretionary. Council Member Cox indicated that he was aware of the request by the Orange County Council on Aging, however reluctant to provide funding for them when they didn't even appear at the hearing. Council Member Glover spoke in support of the proposed recommendations and the criteria that was used to allocate the funding. City Manager Murphy reported that he received a letter today from the Friends of the Oasis in support of the funding request made by the Orange County Counsel on Aging. Substitute motion by Mayor Hedges to adopt Resolution No. 96 -34 approving the One -Year Action Plan for FY 1996 -97 and authorizing the City Manager to submit the proposed plan, budget and application for FY 1996 -97 CDBG funds (including all required understandings and assurances), to act as the official representative of the City, and to sign contracts with appropriate subagents to carry out programs in the approved budget. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, and Mayor Hedges Noes: Watt Absent: Debay Abstain: None 22. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCIES: City Clerk Harkless reported that Heather Goss responded to the phone call and indicated that she is not interested in serving on this committee. Motion by Council Member Edwards to appoint R. Scott Truesdell to fill the vacancy created by the resignation of Robert Sattler (District 4). Motion by Council Member Cox to continue the appointment to fill the vacancy created by the resignation of Jerry Boyle (District 7) until there are confirmed applicants. After verifying that the rest of the applicants did not respond indicating their interest in serving, Council Member Edwards withdrew his motion to appoint R. Scott Truesdell and asked that the appointment be continued Volume 50 - Page 130 INDEX BT /CAC (24) • City of Newport Beach City Council Minutes April 22, 1996 until there are Mayor Hedges asked that the Council Members advise staff when they would like these appointments put back on the agenda. The motions to continue the appointments were confirmed by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None 23. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Motion by Mayor Hedges to continue the appointment to fill the vacancy created by the resignation of Tina Siemons (District 2) until May 13, 1996. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None 24. BALBOA PENINSULA PLANNING ADVISORY COMMITTEE VACANCY: Motion by Mayor Hedges to appoint Robert Shelton as the Community-at- Large member. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Cox, Glover, Watt and Mayor Hedges Noes: None Absent: Debay Abstain: None CURRENT BUSINESS (Supplemental Agenda) 25. DISCUSSION AND REVIEW OF THE STATUS OF CITY LEGISLATION ON NON - RESIDENT LIBRARY FEES. Assistant to the City Manager Ducey reported that the City has sponsored three bills - 8131637, AB3344 and 581477 (Library Non - Resident Fees). She reported that SB1477 is scheduled to be heard by the Senate Education Committee on Wednesday, April 24, 1996, at which time Council Member Edwards will testify. She reported that Senator Johnson agreed to sponsor legislation that would permit local agencies to charge a library non - resident use fee and continue to remain eligible for CSLA funding if the loans to non - residents equaled or exceeded 35% of all loans. The bill was amended to permit agencies to charge a fee to non- residents equal to the difference between the CSLA reimbursement and the actual cost to provide services to non - residents, however it was strongly opposed by the California State Library Board and the California Library Association. She said the City's legislative advocate, Ken Emmanuels, suggested that a cap be placed on the bill and discussions were held and compromise language agreed on (copies distributed) which would permit the California State Library Board to waive provisions in the board's regulations regarding non - resident fees. Ms. Ducey said that an agreement has been made to work closely to develop administrative procedures and criteria to administer the waivers. Council Member Glover explained that she requested this update and Volume 50 - Page 131 INDEX EGA/CAC (24) BPPAC (24) Non - resident library fees (40) • City of Newport Beach City Council Minutes April 22, 1996 noted that every time the bill changes it seems to get better. She indicated that she would be uncomfortable attaching a dollar amount as the cap until the full Council has had an opportunity to debate it. She asked how the proposed language in the hand -out differs from that in Attachment C of the report and Council Member Edwards indicated that the language is the same. Council Member Edwards thanked the staff for the work that was also done on the methane gas legislation. Mayor Hedges concurred that he would not want to memorialize the dollar amount for the cap at this time. MOTION FOR RECONSIDERATION - None - 7:50 P.M. The agenda for this meeting was posted on April 17, 1996 at 11:20 a.m. and the supplemental agenda was posted on April 19, 1996 at 1:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administrative Building. Attest: City Clerk Mayor Volume 50 - Page 132 INDEX