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Home My WebLink About03/23/1998 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 23, 1998 - 7:00 p.m. INDEX 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 Pledge of Allegiance - Council Member Thomson. Invocation by Ms. Helen McFarland, Second Church of Christ Scientist. Mayor Edwards made a presentation to Rush Hill, former Chairman of the Economic Development Committee. Mayor Pro Tern O'Neil announced that • a reception honoring Mr. Hill's contributions to the community would take place at The Cannery on Tuesday, March 31, 1998. Proclamation declaring the Week of April 5 - 11, 1998, as "International Building Safety Week" presented by Mayor Edwards to Building Director Jay Elbettar. Building Director Elbettar announced that in observance of International Building Safety Week, the Building Department will be holding an Open House on Friday, April 10, 1998, from 12:00 p.m. to 6:00 p.m. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NO DISCUSSION ITEM): Council Member Debay reported that she recently attended a meeting in Washington, D.C. regarding the Federal Appropriations Bill for Infrastructure Study Program, and that she will be providing the City Council with a report in the future. Council Member Glover referenced a letter to the Mayor from Mark R. Pomerantz, a student at Corona del Mar High School. The letter discussed several issues, including a problem with the condition of books at the high school. Council Member Glover requested a report be given to the City Council on how the library is working with Newport Harbor and Corona del Mar High Schools. • Mayor Edwards requested that three separate items be referred to the Legislative Committee: 1) follow -up on the Upper Newport Bay dredging Volume 51- Page 660 J L] City of Newport Beach City Council Minutes March 23, 1998 and some potential legislation, with a report back to the City Council in the next month; 2) a possible change to the vehicle license fee which could mean a loss of $2.8 million to the City; and 3) consideration of convening all City Council committee meetings on the same day, possibly on the same Monday as City Council meetings. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF MARCH 9, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. ORDINANCE NO. 98 -5 REPEALING CHAPTERS 5.09, 5.40 AND 5.41 AND ADDING CHAPTER 5.42 TO THE NBMC PERTAINING TO SOLICITATION. Adopt ordinance. CONTRACTS AND AGREEMENTS 4. AGREEMENT WITH BALL -JANIK LLP FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES BEGINNING APRIL 1, 1998. Approve the agreement for services with Ball-Janik and authorize the City Manager to execute the agreement. 5. AGREEMENT FOR OPERATION OF GREEN ACRES PROJECT INTERTIE AND OUTFALL CONNECTION (OPERATION AGREEMENT). Approve the Operation Agreement and authorize staff to negotiate with Irvine Ranch Water District for their payment of all outfall operating costs in conjunction with an agreement which prohibits the discharge of reclaimed water for a period of fifteen years. 6. SEISMIC RETROFIT OF LIDO ISLE BRIDGE AND NEWPORT ISLAND BRIDGE (C- 2804). Affirm the categorical exemption; approve the plans and specifications; and authorize a two - bridge contract (Lido Isle and Newport Island) to be advertised for bid. MISCELLANEOUS ACTIONS 7. PLANNING COMMISSION AGENDA FOR MARCH 19, 1998 8. APPROVE BUDGET AMENDMENT (BA -051) TO INCREASE REVENUE ESTIMATES FOR ADDITIONAL BANKRUPTCY • PROCEEDS RECOVERED FROM B -12 CLAIMS AND APPROPRIATE THE $139,141.25 FOR ADDITIONAL AIRPORT GROWTH CONTROL EXPENDITURES. Volume 51- Page 661 IIUU*111 Ord 98 -5 Solicitation (53/70) C -3194 Federal Legislative Advocacy (38) C -3195 Green Acres Project (38) C -2804 Seismic Retrofit (38) Planning (68) BA -051 Bankruptcy Proceeds/ Airport (40/54) 0 City of Newport Beach City Council Minutes March 23, 1998 9. APPROVE FISCAL YEAR 1997/98 BUDGET APPROPRIATION FROM REMAINING RESERVE FUND FOR CULTURE AND ARTS. Award the remaining $2,950 of grant funds for Fiscal Year 1997 -1998. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar. Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR - None PUBLIC COMMENTS - None PUBLIC HEARINGS 10. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT (BID) ANNUAL RENEWAL FOR 1998 -1999 FISCAL YEAR. Mayor Edwards opened the public hearing. There being no testimony, Mayor Edwards closed the public hearing. City Manager Murphy stated that no protests were received on the renewal. Motion by Council Member Glover to adopt Ordinance No. 98 -4 confirming is the Balboa Village Business Improvement District (BID) Annual Report and levying the BID assessment for the 1998 -1999 fiscal year since the protests represented less than 50% of the total assessment. Without objection, the motion carried by acclamation. 11. RESOLUTION NO. 98 -21 APPROVING THE 1998 -1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) ONE YEAR ACTION PLAN AND BUDGET AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mayor Edwards opened the public hearing. There being no testimony, Mayor Edwards closed the public hearing. Motion by Council Member Debav to adopt Resolution No. 98 -21 authorizing the City Manager to submit the fiscal year 1998 -1999 application for CDBG funds and one year action plan. Without objection, the motion carried by acclamation. • 12. REPORT FROM THE FINANCE COMMITTEE ON FIRE & MARINE ADMINISTRATION AND CITY ATTORNEYS' OFFICE REMODEL CAPITAL IMPROVEMENT PROJECT. Volume 51- Page 662 . I IN 0 D►;� Culture and Arts (62) Ord 98 -4 Balboa Village BID (2`) Res 98 -21 CDBG Funds (87) Capital Improvement Project (40) 0 City of Newport Beach City Council Minutes March 23, 1998 City Manager Murphy stated that in the 1997 -1998 budget, the City Council approved the use of Building Excise Tax funds for the remodeling of the Fire & Marine Administration and City Attorneys' offices. Council Member Hedges later asked for a legal review of the use of the Building Excise Tax funds. It was found that it was appropriate to use the funds for the Fire & Marine offices, but not for the City Attorneys' offices. The matter was then referred to the Finance Committee, which recommended that a facilities needs analysis be performed on the entire City Hall complex. City Manager Murphy discussed the scope of the work that would be performed in the study, and that the fee for the work could be kept below $70,000. George Jeffries, 1039 Goldenrod Avenue, a member of the Board of Library Trustees, asked that the matter be referred back to the Finance Committee. Mr. Jeffries feels that the Finance Committee should review the use of the Building Excise Tax funds for the Fire & Marine Department and the scope of the work to be performed in the study. Mr. Jeffries further stated that the library is facing financial hardships, and is concerned about the availability and use of the Building Excise Tax funds. Motion by Council Member Glover to table the item and conduct a Study Session to discuss the facility needs of the City Hall complex in the upcoming decade. . Council Member Debay stated that an opinion on the use of the Building Excise Tax funds has already been received from Rutan & Tucker, Attorneys at Law, and agreed that a Study Session to discuss the needs of the entire City Hall complex should be held. Council Member Debay stated that the Study Session should be scheduled soon. Mayor Edwards agreed that improvements are necessary. Without objection, the motion carried by acclamation. 13. DRIVE APPROACH CLOSURE - OLD MARINE AVENUE. Motion by Council Member Glover to approve the removal of the curb cut at 323 Marine Avenue. Council Member Noyes asked that the motion be amended to include the goal of adding three parking spaces in the area. Without objection, the motion, as amended, carried by acclamation. 14. APPOINTMENT BY THE CITY COUNCIL TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS (EQAC) ADVISORY COMMITTEE (appointed by Council upon • recommendation of each Council Member). Volume 51 - Page 663 INDEX Drive Approach Closure (85) EQAC (24) • • City of Newport Beach City Council Minutes March 23, 1998 Mayor Edwards and Council Member Thomson stated that they are reserving their appointments to the EQAC Committee. The item will be brought back at a future City Council meeting. MOTION FOR RECONSIDERATION - None ADJOURNMENT - 7:45 p.m. rrrtr * *xxt *s *:rexra ♦,r�,�ax * * * * * ** The agenda for the Regular Meeting was posted on March 18, 1998, at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Q B .1r- Recordin Se etary z X a or Volume 51 - Page 664 INDEX