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Home My WebLink About07/12/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS `r$- � PLACE: COUNCIL MEETING �' J' PLACE: Council Chambers S TIME: 7:00 P.M. CRLL DATE: July 12, 1993 Present se Mo£Son All Ayes Motion All Ayes Motion All Ayes 40 • X x x X X X MINUTES INDEX Undergrnd Utilities C -2953 (38) Police Chf C -2954 (38) Claims (36) Mayor Turner presented a Proclamation to Brian Schwary for his heroic act in saving a swimmer on June 18. X x x x ROLL CALL Reading of Minutes of June 28, 1993, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. CONSENT CALENDAR The following items were approved, except for those items removed: CONTRACTS AND AGREEMENTS 1. Contract with BSI Consultants, Inc., to provide assessment engineering services for proposed Underground Utilities District No.'s 64, 71 and 72, not to exceed $13,000 for each district. [Refer also to Budget Amendment No. 001 - Report from Public Works Department] 2. Removed from the Consent Calendar. 3. Contract with new Police Chief, Robert McDonell. [Report from the City Manager] 4. CLAIMS - For Denial by the City Manager: Claire Bartos, alleging City crews painting parking meters at Newport Pier on July 2, 1993 got paint on her car. Sharon A. Esterley, alleging damage to windshield as a result of debris left in road from construction work in area of Jamboree Road and University Drive on June 8, 1993. Gretchen 0. Cussenhoven, alleging tire damage as a result of exiting over spikes at Corona del Mar beach parking lot on June 18, 1993. Michelle R. Johnson - Removed from the Consent Calendar. Leonard South, alleging City tree trimming crew caused large branch to hit his window on June 21, 1993; seeking reimbursement of $29.72. Carol Sutton, alleging damage to vehicle as a result of City crew overspraying near 1541 Monrovia Avenue parking lot in June 1993. Sally Werlin, alleging City Refuse Truck struck flag pole and broke off flag at the base at 135 Via Nice on January 22, 1993. Volume 47 - Page 186 INDEX Undergrnd Utilities C -2953 (38) Police Chf C -2954 (38) Claims (36) COUNCIL MEMBERS \`sVAO Mk • • CITY OF NEWPORT BEACH July 12, 1993 Application for Leave to Present Late Claim of Robert Pabst, alleging personal injuries as a result of explosion and beating inflicted on him when City, etc., failed to provide adequate security to control crowd gathered at Newport Dunes for July 4, 1992 celebration. 5. Resubdivisioa No. 982 - Approve the Improvement plans and specifications and accept the public improvements contract in conjunction with this resubdivision located at 301 and 353 East Coast Highway, between Bayside Drive and Promontory Point, and authorize the City Clerk to release the Faithful Performance Bond and Labor and Materials Bond (No. 11- 92 -04). [Report from Public Works Department] 6. City Council Policy L -6 - Private Encroachments in Public Rights -of -way - Revise Council Policy L -6 to permit structural encroachments into the West Bay Avenue parkway between 8th Street and 15th Street on the southerly side of West Bay Avenue. [Report from Public Works Department] 7. 1993 Rental Vacancy Rate Survey - For information and approval. [Report from Planning Department] 8. Planning Commission Actions of June 24, 1993 - For information and filing. [Report from Planning Department] 9. Harbor Permit Application 132 -201 - Approve application by The Irvine Company to revise permit for the commercial marina bayward of 337 East Coast Highway. [Report from the Marine Department] 10. Removed from the Consent Calendar. 11. Traffic Control on Newport Center Drive - Rescind direction to staff to work on the installation of a pedestrian crossing sign with flashing beacons at Newport Center Drive and Center Drive, and direct staff to evaluate the need for and possible form of traffic control such as STOP signs or a traffic signal. [Report from Traffic Engineer] 12. Saturday Refuse Collection for Central and West Newport Beach areas. [Refer to Budget Amendment 003 and 004 - Report from General Services Department] BUDGET AMENDMENTS 13. BA- 001, $65,000.00 - Increase in budget appropriations from unappropriated surplus fund balance to cover cost of the continuation of Assessment Districts 64, 71 and 72. City funds will be reimbursed at the formation of the district and sale of bonds. Volume 47 - Page 187 MINUTES 982 Cncl Plcy L -6 (69) Rental Vacancy (68) Planning (68) Harbor Permit (51) Traffic Nwpt Cntr (85) (44) CITY OF NEWPORT BEACH COUNCIL MEMBERS rq \ \� July 12, 1993 MINUTES T\]ncV BA -002, $32,788.45 - Increase in budget appropriations from unappropriated surplus fund balance for the construction of street improvements on Prospect and 62nd Street. City funds • will be reimbursed at the formation of the assessment district. Removed from the Consent Calendar. Removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Report from Public Works Department Street End recommending award of Contract (No. Cnstrutn 2929) to Amtek Construction in the C -2929 amount of $132,778.45 for Construction of Street Ends on 37th, 38th, 39th, 40th (38) and 41st Streets. [Refer also to Budget Amendment No. 0021 The Public Works Director, in response to question raised by Tom Hyans, Member of Central Newport Beach Association, advised that funds are still available for construction of beach access sidewalks in the Central Newport area, and that his staff will be contacting Mr. Hyans in the near future. Motion x Hearing no other comments, motion was All Ayes made to approve the recommended action. 4. Claim of Michelle R. Johnson, alleging Claim • physical and emotional difficulties due Johnson to stress while working at Newport Beach Police Department from February 1989 through August 1992. Motion x Motion was made to defer action on this All Ayes claim until July 26, 1993, as requested by the claimant. 10. Report from Personnel Department Personnel regarding personnel vacancies for the (66) following: a) Purchasing Clerk - Finance Department b) Data Entry Clerk - Finance Department C) Budget 6 Administration Supervisor - Finance Department d) Electronics Specialist - Police Department Motion x Motion was made by Mayor Turner to direct staff to report back on July 26, 1993 with additional information regarding the proposed position of Electronics Specialist (the amount and • type of equipment to be repaired /maintained, proposed salary and benefits, etc.), and to approve the filling of the other three positions requested. Volume 47 - Page 188 CITY OF NEWPORT BEACH COUNCIL MEMBERS S July 12, 1993 C Motion A *Ayes Motion All Ayes • X Council Member Hedges moved an amendment to the above motion, requesting staff also report back on the feasibility of combining the proposed duties and responsibilities of the three positions requested in the Finance Department into two positions. There being no objections, the motion, as amended., was voted on and carried. 13. BA -003, $6.400.00 - Increase in budget appropriations and decrease in budgetary fund balance for refuse collection in West Newport, General Services; and RA -004, $14,613.00 - Increase in budget appropriations and decrease in budgetary fund balance for refuse collection in West and Central Newport, General Services. It was indicated that the above two budget amendments were prepared as a result of the proposed Saturday Refuse Collection program for West Newport or West Newport and Central Newport areas as referenced by the General Services Director in his Agenda Report No. 12. Council Member Hedges stated that Central Newport suffers from the same problems as West Newport regarding the amount of trash accumulated during Summer months, and therefore, made a motion to approve RA -004, and to not approve RA -003. Council Member Hedges indicated he will be meeting with the General Services Department regarding the administering of the Saturday refuse pickup for Central Newport. PUBLIC COMMENTS 1. Dolores A. Otting, 17 Hillsborough Drive, addressed the Council and submitted a prepared statement asking the City to respond to her concerns regarding the City's billing procedures for recycling service, etc. ; the current contract with CRT, and the City's franchise with Dimension Cable. The Mayor advised Mrs. Otting that the staff would review her list of questions and report back to her as well as the Council. 2. Council Member Debay reported that she had received numerous favorable comments regarding this year's Fourth of July in West Newport, and requested Deputy City Manager Ken Delino to give an update. Mr. Delino advised that as a result of the problems that took place in West Newport last year on July 4th, the staff was requested to come up with some new ways of dealing with the occurrences. As a result, a Task Force Committee, and an Executive Steering Committee, was established, who came up with three Volume 47 - Page 189 MINUTES INDEX etc. of Jul, COUNCIL MEMBERS \A0k\14 ROLL CRLL N • Motion I I I I x l Ayes x x x x Abstained .1 is CITY OF NEWPORT BEACH *1 12, 1993 INDEX general ideas, 1) limit the amount of 4th of July parking in the area to discourage party goers late in the afternoon, 2) limit the party area (promenade) along Seashore Drive by enacting various street closures and temporary cul -de- sacs, and 3) involved the entire community very early on in an attempt to notify everyone in the area of what the City's intentions were for July 4th by way of public forums, mass mailings, distribution of posters, etc. Because of these pre - planned activities, the Police Department reported today that this July 4th was one of the most successful to date. The number of police arrests were down by nearly 508 and the revelers were completely removed from Seashore Drive. Council Member Debay emphasized that it is not the City's goal to take away the 4th of July celebration from residents of West Newport, but rather to make it a more pleasant and enjoyable event than in past years. She commended the Police, Marine and General Services Departments for all their efforts, as well as the City Manager, Deputy City Manager, and City Council. She advised that the Executive Steering Committee will be meeting next week to review the statistics of the day, i.e., how many citations were issued, arrests, etc., and that a follow up report will be given to the City Council. ORDINANCES FOR ADOPTION 14. Proposed Ordinance No. 93 -15, being, 3rd 93 -15 Visitor's AN ORDINANCE OF THE CITY COUNCIL Fee OF THE CITY OF NEWPORT BEACH (40) AMENDING PORTIONS OF CHAPTER 3.28 OF THE MUNICIPAL CODE PERTAINING TO THE VISITOR'S FEE. Recycled report from Revenue Manager. Motion was made to adopt Ordinance No. 93 -15. CONTINUED BUSINESS: 15. Regulation %V Ridesharing Program Approval of Ride Share Incentives [Report from Traffic Engineer] The Public Works Director distributed and summarized a Supplemental Report regarding the number of vehicle trips reduced with the rideshare program, and the estimated cost of trips per year (assuming $70,000 yearly budget). He pointed out that this is a federally mandated program: that the proposed trip reduction plan incentives for 1993 -94 are due to AQMD tomorrow, and AQMD does have the ability under the law to levy a fine upon the City if their requirements are not complied with. Volume 47 - Page 190 COUNCIL MEMBERS ROLL CALL S Motion CITY OF NE"ORT BEACH \ \\ July 12, 1993 Ayes x x x x x Noes x Motion All Ayes • • In response to Council inquiry, the City Manager stated that the figures mentioned in the Supplemental Report were based on the most recent survey completed prior to the City down - sizing the number of employees effective July 1, 1993. With respect to AB 2766 revenues, he stated these funds can be used for any program which is used to improve mobile source air quality. He added he would like to use the AB 2766 funds for programs that would have a City -wide benefit rather than City/Employer programs. During course of discussion, Council Member Hedges requested that staff report back on the average trip length for employees either coming to work or going home. x Following discussion, motion was made by x Council Member Debay to approve the Rideshare Incentives for 1993 -94 as set forth in the staff report. x Motion was also made by Council Member Debay to direct staff to prepare a letter to appropriate legislators, as well as to AQHD, outlining the City's concerns regarding federal mandates for the employee rideshare program. CURRENT BUSINESS 16. Appeal from Women in Sports from decision of Revenue Manager regarding request to hold 1st Annual Triathlon at Newport Dunes on September 12, 1993. [Report from Revenue Manager] The City Manager summarized the subject application and noted that pursuant to Council Policy I -21, bike or foot races are limited to 12 per year and these types of events are prohibited between June 15 and September 15. The proposal under consideration includes volleyball, golf and softball tournaments, and a non - competitive bike ride and a triathlon in the City. All the events were approved with the exception of the triathlon based on Council Policy I -21. It was felt by staff that if the triathlon was approved, it could set a precedent for another 25 to 30 requests for similar events throughout the City. It will also take extra time and effort on the part of the traffic division in the Police Department to patrol the event which is scheduled for Sunday, September 12, a peak seasonal time in the City where police are needed in other areas. In response to question raised by Council Member Hart regarding bicycles on Back Bay Drive, the City Attorney advised that the distinction between bike racing and bicycling, pursuant to State law, is that bike racing is Volume 47 - Page 191 MINUTES in CITY OF NEWPORT BEACH COUNCIL MEMBERS s July 12, 1993 ROLL CALL 0 0 Motion All Ayes • x MINUTES INDEX considered to be a very hazardous Triathlor recreational activity, and any person engaged in such a hazardous recreational activity cannot sue the City for damages he or she may incur in that activity. Nina Davis, President, Women in Sports, addressed the Council and stated she has been working on this event for three years; she felt the locations she selected for the events in Newport Beach are very safe; that their events will bring added income to hotels, restaurants and businesses in the vicinity of the Dunes area; everyone involved in the triathlon (participant, sponsor and volunteer) is required to sign a waiver relieving the City of any liability; they also have a two- million dollar insurance policy on each event; they will pay for police protection when the cyclists cross Jamboree Road and back on Sunday, September 12 (approximately 7:30 a.m. and 8:30 a.m.); there are five charities involved who will receive a percentage as set forth in her addendum to her appeal; the complete triathlon should go no longer than 10:00 a.m. Council Member Hedges stated he felt that Council Policy I -21 needs "some work" and should be reviewed again and possibly referred to the Economic Development Committee. The Mayor noted that the City Council will be reviewing all Council Policies in October. Hearing no other comments, motion was made by Council Member Sansone to grant the appeal. The meeting adjourned at .8:05 p.m. The agenda for this meeting was posted on July 8 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of wport Beach Administration Build ATTEST: i 'City Clerk Volume 47 - Page 192