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HomeMy WebLinkAbout04/27/1998 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 27, 1998 - 7:00 p.m. INDEX - o:uu n.m. - bee separate minutes CONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL -All Present Pledge of Allegiance - Mayor Pro Tern O'Neil. Invocation by Reverend David Comegys, Saint James Episcopal Church. Recognition of High School Scholarship Award Recipients. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEMI: • In response to Council Member Noyes' concern, Council Member Glover stated that the Legislative Committee will be bringing back an item to Council that addresses streamlining the committee process. • • Council Member Thomson reported that trucks will no longer drive on Marguerite Avenue in Corona del Mar during the construction period. • Council Member Thomson updated Council on his Ensenada trip and presented Mayor Edwards with plaques, as he was representing the City in the Mayor's behalf. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF APRIL 13, 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. ORDINANCES FOR INTRODUCTION 3. ORDINANCE NO. 98 -10 ADDING TERRITORIES KNOWN AS "SEAWARD" AND "SHELTON' TO COUNCIL DISTRICT SIX. Introduce Ordinance. • 4. ORDINANCE NO. 98 -11 APPROVING AN AMENDMENT TO RECLASSIFY PROPERTY LOCATED AT 1800 -1806 WEST BALBOA Volume 52 - Page 6 Ord 98 -10 Seaward/Shelton Annexation (21) Ord 98 -11 PCA 871/ City of Newport Beach City Council Minutes April 27, 1998 • BOULEVARD FROM THE TWO FAMILY RESIDENTIAL DISTRICT INDEX Zoning TO THE RETAIL AND SERVICE COMMERCIAL DISTRICT AND TO (94) AMEND THE HEIGHT LIMITATION ZONE MAP TO PLACE THE SUBJECT PROPERTY INTO THE 26/35 HEIGHT LIMITATION ZONE (PLANNING COMMISSION AMENDMENT 871). Introduce Ordinance and schedule a public hearing for May 11, 1998 for General Plan Amendment 98 -1 (A), Local Coastal Program Amendment 50, and Amendment 871. ORDINANCES FOR ADOPTION 5. ORDINANCE NO. 98-6 AMENDING SECTIONS 5.96.020, 5.96.025, Ord 98 -6 AND 5.96.040 OF NBMC RELATING TO ADULT ORIENTED Adult Oriented BUSINESS APPLICATIONS AND THE OFFSITE PRESENTATION Businesses OF LIVE, ADULT ORIENTED ENTERTAINMENT. Adopt Ordinance. (53) 6. ORDINANCE NO. 98 -7 APPROVING AN AMENDMENT TO Ord 98 -7 DISTRICTING MAP NUMBER 33 TO PREZONE PROPERTY Shelton ABUTTING PROPERTY LOCATED AT 4700 SURREY DRIVE Annexation (PLANNING COMMISSION AMENDMENT 870). Adopt Ordinance. (21/45) 7. Item removed from the Consent Calendar by Council Member Noyes. 8. ORDINANCE NO. 98 -9 APPROVING AMENDMENTS TO Ord 98 -9 DISTRICTING MAP NUMBER 4 TO RECLASSIFY PROPERTY • PCA 868/ LOCATED IN THE 3300 BLOCK OF VIA LIDO FROM RETAIL AND Via Lido SERVICE COMMERCIAL TO MULTI - FAMILY RESIDENTIAL (45) (AMENDMENT 868). Adopt Ordinance and special findings and conditions related to coastal access. RESOLUTION FOR ADOPTION 9. VACATION AND ABANDONMENT OF A PORTION OF BROAD Res 98 -27 STREET, LOCATED IN THE NEWPORT HEIGHTS AREA. Adopt Vacation/ Resolution No. 98 -27 declaring the City's intention to vacate and abandon a Newport Heights/ portion of the right -of -way along Broad Street between Santa Ana Avenue Broad Street and Redlands Avenue; accepting a map showing the portion of street to be (90) vacated; and setting May 26, 1998, as the date for the public hearing concerning the intended vacation. Ayes Thomson, Debay, O'Neil, Hedges, Noyes, Mayor Edwards Noes: None Abstain: Glover Absent: None CONTRACTS AND AGREEMENTS 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND Encroachment • MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE Agreement/ Volume 52 - Page 7 • • • City of Newport Beach City Council Minutes April 27, 1998 OCEAN BOULEVARD PUBLIC RIGHT -OF -WAY AND A TEN -FOOT SEWER EASEMENT ADJACENT TO 3611 OCEAN BOULEVARD, CORONA DEL MAR (EP98 -080). Approve the application subject to: 1) execution of an Encroachment Agreement for non - standard improvements - (a) authorize the Mayor and City Clerk to execute the Agreement; (b) authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; and (c) hold harmless clause in the Encroachment Agreement indemnifying the City of Newport Beach against any liability in any manner connected with the proposed/existing encroachments in the Ocean Boulevard right -of -way and the sewer easement and that the fact the property is below curb level; 2) an Encroachment Permit issued by the Public Works Department; 3) all encroachments shall comply with the Encroachment Permit conditions; 4) proposed tree and landscaping shall be maintained by the owner and approved by General Services with a minimum height restriction; 5) the Building Department issues a Building Permit; and 6) the Utility Division shall approve all encroachments within the sewer easement. 11. USE PERMIT FOR 3100 WEST COAST HIGHWAY. Approve a use permit agreement guaranteeing completion of the public improvements required with Use Permit No. 3612; and authorize the Mayor and the City Clerk to execute the agreement. 12. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PACIFIC DRIVE PUBLIC RIGHT -OF -WAY ADJACENT TO 2219 PACIFIC DRIVE, CORONA DEL MAR (EP98 -073). Approve the application subject to: 1) execution of an encroachment agreement for non- standard improvements - (a) authorize the Mayor and the City Clerk to execute the Agreement; (b) authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; and (c) hold harmless clause in the Encroachment Agreement indemnifying the City of Newport Beach against any liability in any manner connected with the proposed encroachments in the Pacific Drive right -of -way and that the fact the property is below curb level; 2) an Encroachment Permit issued by the Public Works Department; 3) existing palm tree relocation shall require General Services approval; and 4) the Building Department issues a Building Permit. 13. COMPLETION AND ACCEPTANCE OF 36 -INCH WATER TRANSMISSION REPLACEMENT - CROSS TOWN PIPELINE (C- 3004N). Accept the work; authorize the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with portions of the Civil Code. 14. COMPLETION AND ACCEPTANCE OF 36 -INCH WATER TRANSMISSION MAIN, REACH NO. 3 PIPELINE (TALBERT CHANNEL BETWEEN GARFIELD AND SLATER AVENUES) AS PART OF THE GROUNDWATER DEVELOPMENT PROJECT (C- 3004L). Accept the work; authorize the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with portions of the Civil Code. Volume 52 - Page 8 INDEX 3611 Ocean Blvd/ EP 98 -080 (65) UP 3612 (88) Encroachment Agreement/ 2219 Pacific Dr/ EP 98 -073 (65) C -3004N Water Transmission Replacement/ Cross Town Pipeline (38/89) C -3004L Water Transmission Main/Groundwater (38/89) City of Newport Beach City Council Minutes April 27, 1998 • 15. BAY AVENUE PARKING LOT IMPROVEMENTS - AWARD OF INDEX C -3187 CONSTRUCTION CONTRACT (C- 3187). Approve the plans and BA -064 specifications; award Contract to Holland -Lowe Construction, Inc. for the Bay Avenue total price of $28,534 and authorize the Mayor and the City Clerk to execute Parking Lot the Contract; establish an amount of $2,800 to cover the cost of testing, (38/40) materials and additional work; and authorize a budget amendment (BA -064) to appropriate $16,400 from the Off - Street Parking fund balance to the Bay Avenue Parking Lot Rehabilitation account. 16. BIRCH STREET OVERCROSSING AT SR 73 (C- 2931). Approve a C -2931 contract amendment to the existing consultant agreement with CRSS BA -065 Constructors, Inc. in the amount of $47,304 for additional construction Birch Street management services and authorize the Mayor and the City Clerk to execute Overcrossing the contract amendment; and authorize a budget amendment (BA -065) to (38/40) appropriate $47,304 from the Circulation and Transportation Fund to the Birch Street Bridge project account. 17. AUTOMATED FUELING SYSTEM. Approve a professional services C -3207 agreement (C -3207) with Milligan & Sons, Inc. to install an automated fuel Automated system at three , City facilities. at a cost of $48,247 from the Vehicle Fueling System Equipment Replacement Internal Service Fund. (38) 18. OFFICIAL POLICE TOW TRUCK CONTRACTS. Approve the execution C- 3203/C -3189 of the agreements with the two official police tow truck providers, G & W Official Police • Towing (C -3203) and Harbor Towing (C- 3189). Tow Truck (38) MISCELLANEOUS ACTIONS 19. PLANNING COMMISSION AGENDA FOR APRIL 23, 1998. Planning (68) 20. AUTHORIZE THE FIRE & MARINE DEPARTMENT TO MITIGATE BA -047 THE HAZARDS POSED BY COMBUSTIBLE VEGETATION ON CITY Mitigate PROPERTIES AND APPROVE BUDGET AMENDMENT (BA -047) Hazards TRANSFERRING $70,000 FROM THE GENERAL FUND TO (40/41) CONTRACT SERVICES TO ABATE THESE HAZARDOUS CONDITIONS. 21. APPROVE BUDGET AMENDMENT (BA -060) TO APPROPRIATE BA -060 $23,000 IN TENNIS RESERVES TO LIGHTING IMPROVEMENTS AT Lighting Improve./ MARINERS PARK, COURT RESURFACING AT NEWPORT HARBOR Equipment Purch. HIGH AND PURCHASE OF OTHER RELATED EQUIPMENT. (40/62) 22. APPROVE BUDGET AMENDMENT (BA -061) IN THE AMOUNT OF BA -061 $26,000 TO REPLACE AND UPGRADE THE BUILDING Building Dept. DEPARTMENT'S CURRENT COMPUTER EQUIPMENT Computer Equip PERMITTING ACCESS TO THE "PERMITS PLUS" DATA BASE. (26/40) 23. APPROVE BUDGET AMENDMENT (BA -062) TO APPROPRIATE A BA -062 LIBRARY LITERACY PROGRAM DONATION IN THE AMOUNT OF Library Literacy • $1,187 TO PART -TIME SALARIES. Program (40/50) Volume 52 - Page 9 City of Newport Beach City Council Minutes April 27, 1998 INDEX • 24. APPROVE BUDGET AMENDMENT (BA -063) TRANSFERRING BA -063 $89,600 FROM SALARIES SAVINGS TO PROVIDE ADDITIONAL Library Computer FUNDING TO UPGRADE THE LIBRARY'S COMPUTER SYSTEM. System (40/50) 25. UNDERGROUND UTILITIES ON LITTLE BALBOA ISLAND Underground (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 78). Utilities/ Appropriate $35,000 from the General Fund Reserve to Assessment District AD 78 No. 78 account to pay for installation of underground conduit prior to (89) formation of the proposed assessment district, but in conjunction with the current construction and street work. 26. ORANGE COUNTY GRAND JURY REPORT. Accept the OC Grand Jury recommendation of the Orange County Grand Jury to publish a separate Report/Refuse annual cost disclosure of refuse collection costs related to City refuse Collection Costs collection as part of the annual recycling surcharge adjustment and (44) authorize the City Manager to respond to the Grand Jury Report. 27. OCEAN FRONT STREET ENDS REPORT. Receive and file. Street Ends (74) 28. GRANT RENEWAL APPLICATION FOR CRIME PREVENTION Grant Renewal PROGRAM. Approve the Police Department's request to submit a grant Application/ renewal application to the Bureau of Justice Administration (BJA) for an Crime Prevention entitlement grant in the amount of $57,901 in order to continue funding the (70) position of Crime Prevention Specialist. • 29. UPDATE ON EASTBLUFF TRAFFIC. Receive and file. Eastbluff Traffic (85) 30. UPPER NEWPORT BAY DREDGING UPDATE. Receive and file. Dredging (51) S34. FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE C -3057 CITY OF NEWPORT BEACH AND BAHIA CORINTHIAN YACHT Bahia Corinthian CLUB. Approve First Amendment to Lease. Yacht Club (38) S35. COMMERCIAL IN -LIEU PARKING FEE PROGRAM - Aubergine Res 98 -28 Restaurant. Adopt Resolution No. 98 -28 amending Resolution No. 89.7 of UP 3611 the City Council of the City of Newport Beach regarding in -lieu parking fees; Aubergine Rest. find that use of in -lieu parking fees to satisfy parking requirements for (88) Aubergine Restaurant is in substantial conformance with conditions of approval for amendment to Use Permit No. 3611; and approve permit for use of in -lieu parking fees. Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for the item removed (7). Without objection, the motion carried by acclamation (Council Member Glover abstained on Item No. 9). ITEMS REMOVED FROM THE CONSENT CALENDAR 7. ORDINANCE NO. 98 -8 ADDING TERRITORY KNOWN AS "BONITA Ord 98 -8 CANYON' TO COUNCIL DISTRICT FIVE. Bonita Canyon • Annexation Council Member Noyes welcomed future Bonita Canyon landowners to (21) Volume 52 - Page 10 • • City of Newport Beach City Council Minutes April 27, 1998 Council District 5. Motion by Council Member Noyes to adopt Ordinance No. 98 -8. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Marianne McDaniel, 127 Jade Avenue, encouraged everyone to purchase tickets to attend a Harbor Lights Cruise on Friday, May 8 to support John Hedges' candidacy for County Supervisor. She also reminded everyone that the election will be held on June 2 °d. Jim Wood, Chairman of the Library Board of Trustees, reported that Frank Lynch resigned from the Library Board of Trustees, effective immediately, and that there will be another vacancy by June. Mr. Wood conveyed the Board's gratitude to Council for allocating the funds to improve the American History collection to study standards, indicating that the Board, staff, and customers are excited about the expansion. In response to Council questions, Mr. Wood stated that the 2,000 new American History books will cover the Revolution period up to the turn of the century; that the books will be housed throughout the library and not in its own section; and that the metal book plates will identify the books as they will be cataloged in the regular decimal system. CONTINUED BUSINESS 31. APPOINTMENTS BY THE CITY COUNCIL TO THE AVIATION COMMITTEE (appointed by Council upon recommendation of each Council Member). Without objection, Council Members Hedges and Thomson will advise the City Clerk's office when appointments will be made. CURRENT BUSINESS 32. COUNCIL POLICY F -2, RESERVES/DESIGNATIONS OF FUND BALANCE. Council Member Hedges (Chairman of the Finance Committee) reported that the existing Council Policy F -2 established a blanket stabilization reserve for the General Fund balance, as well as established other enterprise fund reserves. He stated that the proposed Council Policy F -2 tries to identify and clearly define the different reserves that are used. Council Member Hedges explained that the policy, if adopted, will establish new reserve funds. He stated that internal budget numbers that will assist in tracking the funds back to the policy will be included in the next budget. Council Member Hedges stated that the Finance Committee recommended that the contingency reserve be one - twelfth of the General Fund budgeted expenditure; the stabilization reserve be two percent of the General Fund Volume 52 - Page 11 IRON) �• No Report Council Policy F -2 (69) City of Newport Beach City Council Minutes April 27, 1998 INDEX • budgeted expenditure; the water system reserve be 25 percent of the actual annual Water Fund budget and establish an infrastructure reserve of 100 percent of the proposed cost of water projects by the year in which the contract is awarded; the wastewater reserve be 33 percent of the Wastewater Fund budget; and the internal service fund be five percent of the total annual budget for equipment maintenance. He added that the proposed policy also provides for an equipment replacement reserve for large equipment purchases; an insurance reserve fund for future costs of liability and worker's compensation claims which have a target balance of 50 percent of the estimated overall liability for known or anticipated claims; and a reserve for future compensated absences that will fund no less than 25 percent of the long -term liability for the absences. In response to Council Member Glover's questions, Council Member Hedges explained that the term "uncontrollable revenue and expenditure" was used because retirement rates are unknown until the budget is adopted. He clarified that the stabilization reserves will assist financially to meet the obligations until the budget becomes adopted. He pointed out that Council is the ultimate policy- making body and will direct the City Manager on how to build up the reserves. City Manager Murphy stated that the policy's intention is to fund at appropriate amounts and give him direction to prioritize the reserve funds. He stated that he will be providing Council with the reserve status and plans. • Regarding shortening the reserve period from five to three years, Mr. Murphy indicated that some of the goals would be difficult to meet in a short amount of time. Mayor Edwards stated that this issue was discussed at the Finance Committee meeting and indicated that the stability in the reserve policy will be more erratic and that overcompensation may occur. Council Member Glover stated that she would like a shorter timeframe than five years but can make a determination at a future time since Council annually reviews all policies. Motion by Mayor Pro Tern O'Neil to approve Council Policy F -2, as presented. Council Member Debay requested that the annual projected reserve amounts be provided at a future time. Mr. Murphy stated that, based on the proposed policy, the City will meet its contingency, designated, stabilization, and a number of designated reserve amounts. However, the challenge will be meeting the capital improvement amount as the City will need to identify which projects they are, the useful items, and the cost to replace. He believed that it is a ten year project to achieve the goals of the capital improvements section without making severe reductions in programs. Without objection, the motion carried by acclamation. 33. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) JOINT OCTA • AGENCY GROUP MEETING MAY 7TH. (54) Volume 52 - Page 12 • • • City of Newport Beach City Council Minutes April 27, 1998 Motion by Mayor Pro Tem O'Neil to designate Council Member Noyes as an alternate to serve on the Orange County Transportation Agency Corridor Elected Officials Committee; and authorize Council Member Noyes to represent the City at a Joint Agency Group meeting on May 7, 1998. Without objection, the motion carried by acclamation. SUBSEQUENT NEED ITEM 536. EMPLOYMENT OF FORMER CITY EMPLOYEE. It was moved by Council Member Hedges to determine that this is a subsequent need item that arose after the posting of the agenda and added it to the Council agenda for action; and authorized the City Clerk's Department to hire retiree, Patty Mao, as a temporary administrative clerk for a period of two to three days. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT - 8:05 p.m. in memory of Lee Spencer. �* x *xxx,t *,t�tttr + *r *a * *�t * *ttax: The agenda for the Regular Meeting was posted on April 22, 1998 at 12:30 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. �� nn City C1 *rk _1W V • d V�KU� Recording Secretary Volume 52 - Page 13 INDEX Personnel (66)