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Home My WebLink About01/25/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS .G > REGULAR COUNCIL MEETING ��p� �f PLACE: Council Chambers S TIME: 7:00 P.M. DATE: January 25, 1993 ROLL CRLL P1 *t Motion All Ayes Notion All Ayes • Motion All Ayes 0 MINUTES INDEX - Bayview NOW Sexual Harassment Early Bal B1/ 44th St Drainage Mayor Turner presented a thermoplaqued Certificate of Appreciation to Council Member Jan Debay for her service on the Planning Commission from May 27, 1987 to November 23, 1992. x x x x x x ROLL CALL x Reading of Minutes of Regular Meeting of January 11, 1993, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HEARINGS None. PUBLIC COMMENTS 1. Lisa McClanahan and Tamara Mason, members of the Bayview NOW Sexual Harassment Task Force, addressed the Council regarding the actions taken by the City concerning the sexual harassment lawsuits against Arb Campbell and Tony Villa of the Newport Beach Police Department. 2. Tom Holtom, 1854 Port Renwick Place, addressed the Council and indicated he felt the above sexual harassment issue is a matter of "greed" on the part of trial attorneys and NOW representatives, and that the City is properly handling this case. 3. Susan E. Early, 619 -1/2 Marguerite Avenue, addressed the Council regarding her lawsuit against former President George Bush and U.S. Congress, who she alleges thwarted a telephone voting system she invented. 4. Kathleen Cooper, 4311 Seashore Drive, addressed the Council regarding flooding and drainage problems at the corner of Balboa Boulevard and 44th Street. She stated the one residence has flooded 19 times due to inadequate drainage. Council Member Debay advised Ms. Cooper that she has a meeting scheduled for February 1 on this subject with the City Manager, General Services Director, City Engineer, Traffic Engineer, and Lt. Jackson, CONSENT CALENDAR x The following items were approved, except for those items removed: RESOLUTIONS FOR ADOPTION 1. Removed from the Consent Calendar. Volume 47 - Page 10 INDEX - Bayview NOW Sexual Harassment Early Bal B1/ 44th St Drainage CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s ROLL CRLL January 25, 1993 lit I! 3r4 CONTRACTS/AGREEMENTS 2. LIDO PARK BULKHEAD REPLACEMENT (CONTRACT Lido Prk NO. 2889) - Approve Budget Amendment Blkhd Rplcm Nos. 014 & 015 to transfer the Harbor C -2889 Street End Improvement Program and a (38) • portion of the Newport Island Street and Alley Replacement accounts into the Lido Park Bulkhead Replacement account; and award contract to John L. Meek Construction Co. Inc., for the total bid price of $271,971.00. [Report from the Public Works Department] 3. Removed from the Consent Calendar. 4. CORONA DEL MAR AND BALBOA PENINSULA CdM /Bal CONCRETE REPLACEMENT (CONTRACT N0. 2926) Pnsla Award contract to J & B Kovac Cncrt Rplcm Engineering for the total bid price of $76,770.00. [Report from the Public C -2926 Works Department] (38) 5. 1992 -93 MEASURE M STREET REHABILITATION '92 -93 (CONTRACT NO. 2928) - Execute a Measure M Consultant Agreement with the firm of St Rehab Norris - Repke, Inc. [Report from the Public Works Department] C -2928 (38) 6. Removed from the Consent Calendar. 7. Approve proposal by SCS Engineers, Inc., SCS Engr/ to perform an analysis of the Refuse Refuse Division operations and approve Budget (44) • Amendment No. 016 for $13,200. [Report from the General Services Director] Note: After the agenda was printed, letter was received from Mr. & Mrs. E. P. Garrison in opposition to privatization of City trash collection. 8. CLAIMS - For Denial by the City Manager: (39) Jay Crouch alleging tire damage and need Crouch for wheel alignment as a result of car running over pot hole at Balboa and 18th Street. Ben Dolson alleging street sweeper Dolson caused rock to hit windshield of his car on January 8, 1993, at Pacific Coast Highway near Amlings. Paul R. Garhartt alleging personal Garhartt injuries as a result of accident on West Balboa Boulevard, near 22nd Street on July 15, 1992. Ruth and Robert Ingram alleging personal Ingram injuries as a result of trip and fall over raised asphalt patch on sidewalk near Elks Club at 3456 Via Oporto on July 25, 1992. • James W. Moore alleging City -owned strip Moore and Eucalyptus tree in front of his home at 1906 Irvine Avenue is causing driveway apron, curb, driveway and possibly sewer line problem, and claiming the City should repair the damage and remove the tree. Volume 47 - Page 11 COUNCIL MEMBERS \001V\ V 0o� \\ • 0 9 CITY OF NEWPORT BEACH MINUTES January 25, 1993 12. CORPORATE PLAZA, RESUBDIVISION NO. 465 - James F. Myers alleging tire damage as Myers (84) a result of steel protruding object into improvements constructed in conjunction street near entrance to Newport Beach with Resubdivision No. 465, located on Country Club on Pacific Coast Highway, Drive, Farallon Drive and Avocado Avenue on January 7, 1993. in Newport Center; and authorize the Peter Piper /Chubb Insurance Co., Piper/ Performance Bond (Bond No. 2620989), and alleging 10,000 gallons of raw sewage Chubb Ins overflowed into his residence at 1521 provided no claims have been filed. Kings Road on December 18, 1992. [Report from the Public Works 9. PERSONNEL VACANCIES - For approval: SPECIAL EVENTS APPLICATIONS - Uphold staff's [Report from the Personnel Department] recommendation to approve the following Licensing One Secretary, Parks, Beaches and (27) Revenue Manager), subject to conditions in the Recreation Department. staff report: One Police Dispatcher, Police Department. One Account Clerk, Accounting Division. One License Inspector, Finance Department. One Park 6 Tree Maintenance Superintendent, Parks Division. STAFF AND COMMISSION REPORTS For Council information and filing: 10. Report from the Planning Department to Planning the City. Manager regarding PLANNING (68) COMMISSION ACTION AT THE MEETING OF JANUARY 7, 1993. 11. RESUBDIVISION NO. 724 - Modification of Resub 724 the encroachment agreement with the (84) Balboa Fun Zone to construct non- standard street improvements along Edgewater Place, Palm Street, Washington Street and Bay Avenue Rights -of -Way around the FUN ZONE DEVELOPMENT; Approve the application subject to execution of a revised Encroachment Agreement for non - standard improvements (City Clerk to have the agreement recorded with the Orange County Recorder); and issuance of an Encroachment Permit from Public Works Department. [Report from the Public Works Department] 12. CORPORATE PLAZA, RESUBDIVISION NO. 465 - Resub 465 Approve the improvement plans and (84) specifications and accept the public improvements constructed in conjunction with Resubdivision No. 465, located on East Coast Highway, Newport Center Drive, Farallon Drive and Avocado Avenue in Newport Center; and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 2620989), and release the Labor and Materials Bond (Bond No. 2620989) in six months provided no claims have been filed. [Report from the Public Works Department] SPECIAL EVENTS APPLICATIONS - Uphold staff's Revenue/ recommendation to approve the following Licensing applications (attached with reports from the (27) Revenue Manager), subject to conditions in the staff report: Volume 47 - Page 12 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s ROLL CRLL January 25, 1993 TNn;7Y 13. Application No. 92 -420 - Spirit Run 1993 kpl 92 -420 Race Committee's Fund Raising Walk to benefit the Harbor View, Andersen and Lincoln Elementary Schools, Sunday, February 28, 1993 for their 1 mile, 5K and IOK runs /walks in Fashion Island. 14. Application No. 92 -450 - Lori Arlen and Apl 92 -450 Gary Johnstone, request for amplified sound, at Lookout Point in Corona del Mar for their wedding ceremony from 11:45 a.m. to 12:15 p.m., on Saturday, May 22, 1993. 15. Application No. 92 -467 - West Coast Pro- Apl 92 -467 Am Tour, request to conduct a surfing event on Saturday and Sunday, February 20 and 21, from 7:00 a.m. to 4:30 p.m. 16. HARBOR PERMIT APPLICATION NO. 128 -3017 - Harbor Approve, subject to conditions in the Permit staff report, request of Mike Harrah to Apl 128 -301 revise the commercial docks bayward of (51) 3017 West Coast Highway. (Report from the Marine Department] 17. BUDGET AMENDMENTS - For approval: (40) BA -013, $234,000 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance from Unappropriated surplus fund balance for improvements needed to meet ADA COMPLIANCE REQUIREMENTS scheduled for completion by a January 15, 1993 milestone date; General Fund. [Recycled memorandum from the Building (26) • Director dated December 10, 1992] BA -014, $20,000 - Transfer in Budget Appropriations from Capital Projects Account 7013 - 98313010 for the award of CONTRACT NO. 2889 - LIDO PARK BULKHEAD REPLACEMENT. [Refer to report w /agenda item 2] BA -015, $50,000 - Transfer in Budget Appropriations from Capital Projects Account 7013- 9828001 for the award of CONTRACT NO. 2889 - LIDO PARK BULKHEAD REPLACEMENT. [Refer to report w /agenda item 2] BA -016, $13,200 - Increase Budget Appropriations and decrease in Budgetary Fund Balance to pay for a PRIVATIZATION STUDY OF THE REFUSE DIVISION; General Services - Refuse Collection Fund. [Refer to report w /agenda item 71 ITEMS REMOVED FROM THE CONSENT CALENDAR AGENDA ITEM NO. 1. Report from Utilities Department with Utilities/ proposed resolution. certifying Final EIR Groundwatra • No. 151, and approving the GROUNDWATER Dev Prj DEVELOPMENT PROJECT for Newport Beach. (89) Jeff Staneart, Utilities Director, reported that subsequent to the close of the Draft EIR public comment period and preparation of the staff report for this item, a letter was received from the City of Fountain Valley Public Works . Volume 47 - Page 13 COUNCIL MEMBERS ROLL CRLL s' • Motion All Ayes CITY OF NEWPORT BEACH MINUTES January 25, 1993 Department. Staff does not believe this letter raises any significant new issues that require substantial changes to the proposed F�roject or the EIR; however, the following statement will be incorporated into Section 3.6.2 of the Final EIR to address their concern: "Increases in the injection of treated wastewater and reclaimed wastewater flows in the Santa Ana River could cause an incremental reduction in groundwater quality. However, since both of these sources of recharge water are required to meet state water quality standards, no significant deterioration in the overall water quality of the groundwater basin is expected as a result of the proposed project." Hearing no objections from the Council, motion was made to approve the amended response to comment document, and adopt Resolution No. 93 -2 certifying Final EIR No. 151, and approving the Newport Beach GROUNDWATER DEVELOPMENT PROJECT. 93 -2 Report from the Planning Department MRC Cnsltnt recommending approval of contract for Bus Lie Tax Expanded Revenue Auditing, Fiscal C -2775 Impact /Economic Base Model and (3B) Assistance with RESTRUCTURING OF BUSINESS LICENSE TAR with Municipal Resource Consultants (MRC). Craig Bluell, Principal Planner, addressed the Council regarding the concern raised at the afternoon Study Session by the Chamber of Commerce on this matter, and noted that MRC in their proposal to the City recommends the following: "That the City create or name a small advisory committee to work with MRC in developing a business license ordinance. This Business License Advisory Committee should also be capable of providing business license revenue policy guidance and should be capable of presenting the business community's concerns over the ordinance and its administrative burdens." Mr. Bluell also pointed out that MRC will meet with City staff, Council, and members of the City's Business Community to share findings of the review and assessment, which should alleviate the concern of the Chamber of Commerce. In addition, MRC is ready to commence work in two weeks. Maxine Montgomery, Vice - Chairman of the Board of Directors of the Chamber of Commerce, addressed the Council and requested that the sub] "ect contract be continued so that the Chamber of Commerce can review the proposed study prior to its approval. Volume 47 - Page 14 CITY OF NEWPORT BEACH COUNCIL MEMBERS s' January 25, 1993 ROLL CHLL Motion All Ayes • Motion ' All Ayes Motion All Ayes Motion All Ayes Motion Ayes x MINUTES Npt Is St/ Alley Rplcm C -2915 (38) 0/C Sanita- tion Dists SCAG BT /CAC There being no further comments, motion was made to approve the recommended action and to authorize the Mayor and City Clerk to execute the contract with Municipal Resource Consultants. 3. Report from the Public Works Department regarding award of contract for NEWPORT ISLAND STREET AND ALLEY REPLACEMENT (CONTRACT NO. 2915) to DBL Construction Corporation for the total bid price of $398,065.75. The Public: Works Director recommended that the City Council consent to relieve DBL Construction Corporation of their apparent low bid because of a mathematical error, and award Contract No. 2915 to Griffith Company for the total bid price of $425,135.00, and authorize the Mayor and City Clerk to execute the contract. x Motion was made by Mayor Turner to approve the recommended action. CONTINUED BUSINESS 18. RECONSIDERATION OF APPOINTMENTS TO THE ORANGE COUNTY SANITATION DISTRICTS. x Motion was made to confirm: District 5 Council Member Phil Sansone Council Member Jan Debay (Alt) Council Member John Cox, Jr. Council Member Jan Debay (Alt) District 6 Council Member Evelyn Hart Council Member John Cox, Jr. (Alt) District 7 Council Member Jan Debay Council Member Phil Sansone (Alt) 19. RECONSIDERATION OF APPOINTMENTS TO SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG). x Motion was made to confirm Council Member John Cox, Jr., as the City's representative (with no alternate). 20. APPOINTMENT TO THE BICYCLE TRAILS /CITIZENS ADVISORY COMMITTEE for one -year term expiring December 31, 1993: x Motion was made to confirm that (District 7) Council Member Cox's remaining appointment be deferred indefinitely. Volume 47 - Page 15 MINUTES Npt Is St/ Alley Rplcm C -2915 (38) 0/C Sanita- tion Dists SCAG BT /CAC COUNCIL MEMBERS M n Al Ayes • x CITY OF NEWPORT BEACH January 25, 1993 CURRENT BUSINESS 21. Memorandum from the Deputy City Manager concerning adoption of resolution creating the CITY COUNCIL AD HOC ECONOMIC DEVELOPMENT COMMITTEE. Motion was made to adopt Resolution No. 93 -3, creating the City Council Ad Hoc Economic Development Committee and appoint the following: Mayor Clarence Turner Council Member John Cox, Jr. Council Member John Hedges Michael Stephens, Newport Harbor Area Chamber of Commerce Representative Donald Glasgow, Corona del Mar Chamber of Commerce Representative Gil Foerster, Newport -Mesa Association of Realtors Representative Steve Sutherland, Mariners Mile business community Representative Rush Hill, Peninsula business group Representative Richard Gartrell, Newport Beach Conference and Visitor's Bureau Representative Don Waniata, Newport Center Association Representative Jerry King (Alt to above) Christine Diemer, Building Industries Association Representative (conducting business within the City) Tony Christopher, At Large Representative Norm Angel (Alt to above) Isadore Myers, At Large Representative Charles Wilson (Alt to above) 22. Verbal presentation regarding 1993 -1994 BUDGET UPDATE. The City Manager presented an overview of the impact the State's budget will have on the City of Newport Beach, and stated the City's projections of its loss is at $4.8 million. As a result, alternatives will be forthcoming to the Council in the way of generating additional revenues. The Department Heads are now in the process of preparing 'their budgets with a 58 and 108 reduction. Consideration is also being given to issues dealing with privatization of certain services; a proposed layoff policy; and an incentive Volume 47 - Page 16 MINUTES Res 93 -3 (24) '93 -94 Budget CITY OF NEWPORT BEACH COUNCIL MEMBERS S January 25, 1993 ROLL CALL • • MINUTES INDEX program for early retirements. This year's budget is $8.1 million less than the previous year's budget. Meeting adjourned at 8:00 p.m. in memory of Doris George, former City Clerk (1976 - 1980), who passed away on January 13, 1993. The agenda for this meeting was posted on January 21, 1993 at 8:30 a.m., on the City Mall Bulletin Board located outside of the City of Newport Beach Administration Building. ayor ATTES.: City Clerk �y�tiWPp A R F Rk'r Volume 47 - Page 17 INDEX