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HomeMy WebLinkAbout09/14/1998 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting September 14, 1998 - 7:00 p.m. ADJOURNED REGULAR MEETING (STUDY SESSION) — 3:00 n.m. - See separate minutes. CLOSED SESSION - 5:00 p.m Mayor Edwards announced that, in Closed Session, the City Council voted to settle the claim of Helen Koontz in the amount of $60,000, by the following vote: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: Hedges Absent: None Abstain: None RECESSED AND RECONVENED AT 7:15 P.M. FOR, REGULAR MEETING • ROLL CALL Present: Thomson, Debay, O'Neil, Hedges Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Stuart McFarland, Mariners South Coast Church. Recognition of Council Members Hedges and Noyes for their participation in the Celebrity Waiter Fundraiser to benefit the Leukemia Society (continued to September 28, 1998). MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NO Mayor Pro Tem O'Neil requested that the name and telephone number of a contact from CalTrans be provided to the public on the internet. Mayor Pro Tem O'Neil mentioned that an officer of the Corona del Mar Business Improvement District suggested that since Coast Highway is a major thoroughfare that impacts the City, the community should have easy access to a CalTrans representative who can provide area information. • Mayor Pro Tem O'Neil recognized Lindsay Davenport on her recent victory at • the U.S. Open Tennis Tournament and requested that proper acknowledgment of her accomplishment be made. Mayor Edwards stated that he signed a proclamation that day recognizing Lindsay and inviting her to attend a City Volume 52 - Page 166 Wo 11 • • City of Newport Beach City Council Minutes September 14, 1998 Council meeting for a formal presentation. Mayor Edwards added that some token gifts from the City were included, and another proclamation was signed for Lindsay's coach, Robert Van't Hof. • Council Member Glover requested that a report regarding the status of Santiago be presented at the next City Council meeting. • Council Member Noyes stated that he recently attended the Revitalization Conference in Monterey through the League of California Cities. Council Member Noyes stated that the most important thing he took away from the conference was the strong emphasis on quality of life and its importance to both businesses and residents. • Council Member Noyes announced that the Environmental Quality Affairs Committee recently, formed a new sub - committee to make comments on the environmental impact report that is going before the County for the Banning Ranch area. Council Member Noyes stated that another sub - committee is working on the environmental impact report for the Dunes. • Council Member Noyes acknowledged that there has been some controversy surrounding the City Council recently, but he is hopeful that the City Council can continue doing the job it was elected to do and not let prejudices affect their decisions. • Mayor Edwards announced that this year's Taste of Newport will be held September 18th, 19th and 20th. Mayor Edwards encouraged everyone to participate in the successful event. • Mayor Edwards suggested that consideration be given to possibly reconstituting some of the Council committees. Mayor Edwards requested that a staff report be prepared for discussion at a future City Council meeting. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF AUGUST 24, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES ANI full of all ordinances and resolutions Clerk to read by title only. RESOLUTION FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. ADOPT RESOLUTION NO. 98 -62 ESTABLISHING THE SALARIES FOR KEY AND MANAGEMENT EMPLOYEES FOR FISCAL YEAR 1998 -99 AND AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLAN TO REFLECT SAID CHANGES. Adopt Resolution No. 98 -62. Volume 52 - Page 167 INDEX Res 98 -62 Key & Management Salaries (66) City of Newport Beach City Council Minutes September 14, 1998 • CONTRACTS AND AGREEMENTS INDEX 4. Item removed from the Consent Calendar by Eric Parker. 5. COMPLETION AND ACCEPTANCE OF LIDO ISLE SEWER FORCE C -3183 MAIN REPLACEMENT (C- 3183). Accept the work; authorize the City Lido Isle Sewer Clerk to file a Notice of Completion; and authorize the City Clerk to release Force Main the bonds 35 days after the Notice of Completion has been recorded in Replacement accordance with applicable portions of the Civil Code. (38) 6. COMPLETION AND ACCEPTANCE OF BIRCH STREET C- 2931/BA -009 OVERCROSSING AT ROUTE 73 (C- 2931). Accept the work; authorize Birch St. the City Clerk to file a Notice of Completion; direct staff to coordinate all Overcrossing outstanding stop notices with the Contractor's bonding company and resolve (38/40) according to State law; and authorize a budget amendment (BA -009) to appropriate funds in the amount of $45,207.00 from the Circulation and Transportation Fund (Fund 260) to account number 7261- C5100065, Birch Street Bridge. 7. PARKING CITATION PROCESSING AGREEMENT (C- 3232). Item C -3232 continued to September 28, 1998, at the request of staff. Parking Citations (38) 8. NEWPORT BOULEVARD /COAST HIGHWAY "ARCHES" C- 2886/BA -011 INTERCHANGE IMPROVEMENTS (C- 2886). Authorize Amendment No. Newport Blvd./ 1 to the professional services agreement with Moffatt & Nichol Engineering Coast Hwy. for civil engineering support during construction; and authorize a budget • Arches Interchange amendment (BA -011), to appropriate $105,872.50 from the Circulation and (38/40) Transportation Fund, unappropriated surplus fund balance to Account No. 7261- C5100199. 9. CONTRACT FOR BALBOA PENINSULA SIGN REGULATIONS C -3233 (C- 3233). Approve a Professional Services Agreement with Urban Design Peninsula Signs Studio of Irvine for a contract price of $37,900. (38) 10. CITY /COUNTY DOCK PROPERTY (3333 PACIFIC COAST C -533 HIGHWAY). Authorize the Acting City Manager to execute the Estoppel Dock Property Certificate (C -533). (38) 11. CONSIDERATION OF ENCROACHMENT AGREEMENT NO. 98 -310 - EP 98 -310 1350 WEST BAY AVENUE NON STANDARD IMPROVEMENTS. 1350 W. Bay Avenue Approve the application subject to: 1) execution of an Encroachment Non - Standard Agreement for non - standard improvements, authorization for the Mayor and Improvements City Clerk to execute the Agreement, and authorization and direction for the (65) City Clerk to have the Agreement recorded with the Orange County Recorder; and 2) issuance of an Encroachment Permit by the Public Works Department. 12. CAPITAL PROJECT RE- AUTHORIZATION, URBAN WILDLAND C- 3224/BA -008 INTERFACE. Approve re- authorization of capital projects associated with Urban Wildlife • the work supporting the removal of combustible vegetation in Urban Wildland Interface areas of Newport Beach; award contract (C -3224) to Interface (38/40) Arbor Services for the total price of $54,975 and authorize the Mayor and Volume 52 - Page 168 City of Newport Beach City Council Minutes September 14, 1998 • City Clerk to execute the contract; and approve Budget Amendment (BA- 008) to appropriate $133,996 for the Urban Wildlife Hazard Mitigation Grant sponsored by FEMA. MISCELLANEOUS ACTIONS 13. PLANNING COMMISSION AGENDA FOR SEPTEMBER 10, 1998. Receive and file. 14. Item removed from the Consent Calendar by Liz Parker. 15. Item removed from the Consent Calendar by Council Member Thomson. 16. REVISION TO 1997 -98 AND 1998 -99 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ONE YEAR ACTION PLANS AND BUDGET AMENDMENT (BA -010) TRANSFERRING CDBG FUNDS FROM FUND BALANCE AND SIGN REGULATIONS CAPITAL PROJECT TO BALBOA PENINSULA REVITALIZATION PROGRAM CAPITAL PROJECT. Approve revisions to one year action plans and approve BA -010. 17. UNSCHEDULED VACANCY ON THE LIBRARY BOARD OF TRUSTEES. Confirm the nomination of Robert Knox and Patricia McCormick; and schedule the appointment to be made on September 28, 1998 (one vacancy). • Motion by Mayor Pro Tem O'Neil to approve the Consent Calendar, except for those items removed (14 and 15) and the item continued to September 28, 1998 (7). Without objection, the motion carried by acclamation. (Refer to discussion below regarding Item 4). ITEMS REMOVED FROM THE CONSENT CALENDAR 14. COMMERCIAL SIGNAGE IN PUBLIC PARKS. Liz Parker, 1048 Irvine Avenue, Immediate Past President of the Newport Harbor Baseball Association (NHBA), stated that NHBA is the largest youth baseball program in the Costa Mesa/Newport Beach area, and that their fundraising efforts raise over $90,000 annually. Ms. Parker stated that the program will only grow in the future and that the fundraising efforts must keep up with the growth. Ms. Parker stated that the NHBA is asking for clarification of some of the terms in the proposed policy. Ms. Parker stated that the NHBA is self - funded and that the banner program is an important part of the fund raising efforts. Mayor Edwards confirmed with Ms. Parker that the NHBA is non -profit but • that the sponsors are commercial -based and do receive banner space. Mayor Edwards confirmed with City Attorney Burnham that the proposed policy does not specify non -profit criteria, so that the NHBA banners would Volume 52 - Page 169 INDEX Planning (68) BA -010 CDBG Action Plans (40/87) Library Board of Trustees (24) Council Policy I -26 Commercial Signage Parks (62/69) • • • City of Newport Beach City Council Minutes September 14, 1998 continue to be Motion by Mayor Pro Tern O'Neil to approve the City Council Policy I -26 for temporary recognition in City parks for sponsorships of City or co- sponsored programs. Without objection, the motion carried by acclamation. 4. COMPLETION AND ACCEPTANCE OF BAYSIDE DRIVE PARK RENOVATIONS (C- 3149). Eric Parker, 400 1/2 Iris, stated that he filled out a yellow speaker's card earlier in the meeting to discuss Item 4, Mayor Edwards confirmed that the card was placed at the podium prior to the City Council voting on the Consent Calendar. Motion by Mayor Pro Tern O'Neil to reconsider Item 4 Without objection, the motion carried by acclamation. Mr. Parker read from a prepared statement that was submitted to the City Council prior to the meeting. Mr. Parker requested that the City complete a stucco wall along his property to match the existing stucco wall. Public Works Director Webb stated that he was not prepared to respond to the statement, but that the contractor did what he was hired to do and that a separate contractor would need to be hired. Motion by Mayor Pro Tern O'Neil to accept the work; authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and request that staff meet with Eric Parker to attempt to resolve his concerns regarding the stucco. Without objection, the motion carried by acclamation. 15. APPROVE BUDGET AMENDMENT (BA -007) TO APPROPRIATE $4,000 TO FUND AN UPDATED INVENTORY OF NEWPORT HEIGHTS STREET TREES. Council Member Thomson stated that the item should be moved to the Budget Checklist. Council Member Thomson disagreed that $4,000 should be used for a tree inventory when the G -1 policy, Retention and Removal of City Trees, is still under review and will possibly change. Mayor Edwards stated that the item could be treated as a budget checklist item at this meeting and voted on by the City Council separately. Council Member Glover stated that this item was before the City Council at her request. Council Member Glover discovered parts of her district where Volume 52 - Page 170 I IN U *1 C -3149 Bayside Drive Park Renovations (38) BA -007 Newport Heights Street Tree Inventory (62) City of Newport Beach City Council Minutes September 14, 1998 • trees were not in the inventory because no sidewalk exists. Council Member Thomson stated that in the staff report, staff estimates that 90% of the trees in the area are on the current inventory. Motion by Council Member Thomson to not approve Budget Amendment BA -007. Motion died for lack of a second. Motion by Council Member Thomson to put the item on the Budget Checklist. Acting City Manager Danner responded to Council Member Glover's question by stating that the Budget Checklist is scheduled to be reviewed by the City Council at its meeting of October 26, 1998. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Peter Tarr, President of the West Newport Beach Association, announced that the Association is sponsoring its first annual Community Pride Day on October 10, 1998, from 9:00 a.m. to noon. Mr. Tarr also invited the public to come by a table that will be set up on September 19, 1998, from 9:00 a.m. to • noon, by the tennis courts at West Newport Park. Mr. Tarr stated that on the 19th, the Association will be soliciting volunteers and ideas for the event on the 10th. Council Member Debay added that Mr. Tarr is a member of the West Newport Comprehensive Committee, a committee that is working to improve West Newport. PUBLIC HEARINGS 18. 1998 WEED ABATEMENT PROGRAM - CONFIRMATION OF WEED ABATEMENT COSTS TO BE ASSESSED TO PROPERTY OWNERS. Fire Marshal Dennis Lockard stated that the item before the City Council at this meeting was to approve the City's annual assessment of properties cleaned by the City as part of the weed abatement program. Mayor Edwards opened the public hearing. Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tern O'Neil to adopt Resolution No. 98 -63 confirming the report of the Fire and Marine Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor- . Controller of Orange County to enter the amount of each assessment referred to in said report on the County tax roll. Volume 52 - Page 171 INDEX Res 98 -63 Weed Abatement Program (41) City of Newport Beach City Council Minutes September 14, 1998 • Without objection, the motion carried by acclamation. 19. VACATION AND ABANDONMENT OF A PORTION OF AN ALLEY IN BLOCK B, TRACT 673, LOCATED EASTERLY OF HAZEL DRIVE IN CORONA DEL MAR. Mayor Edwards opened the public hearing. Robert Wynn, 1601 Dove Street, representing Magdi Hanna, stated that Mr. Hanna agrees with the staff report and the recommendation as presented to the City Council. Hearing no further testimony, Mayor Edwards closed the public hearing Motion by Mayor Pro Tem O'Neil to adopt Resolution No. 98 -64 ordering the vacation and abandonment of a portion of an alley in Block B, Tract 673, located easterly of Hazel Drive; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. Without objection, the motion carried by acclamation. 20. REQUEST BY PACIFIC BAY HOMES (2300 JAMBOREE ROAD) TO APPROVE AN AMENDMENT TO THE AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS TO: INCREASE THE HEIGHT LIMIT FOR DWELLINGS LOCATED IN AREA 4C; • INCREASE THE HEIGHT OF FENCES AND WALLS WITHIN THE PLANNED COMMUNITY TO 10 FEET DUE TO CHANGES IN GRADE ELEVATIONS BETWEEN PROPERTIES; AND ACCEPT AN ADDENDUM TO EIR NO. 153 (SCH NO. 94011022) FOR MINOR CHANGES TO THE HEIGHT LIMIT IN AREA 4C [AMENDMENT NO. 879]. Planning Director Temple stated that she spoke with the applicant earlier in the evening, and he confirmed that he was satisfied and content with the recommendations of the Planning Commission as outlined in the staff report. Planning Director Temple added that the applicant was available at this meeting to answer any questions. Mayor Edwards opened the public hearing. Richard Jones, 8 Rockingham Drive, stated that a meeting with the applicant was held at his house on August 19, 1998. Mr. Jones stated that at that meeting he was advised that certain modifications to the plan would be made and that he would receive written confirmation of those changes. Mr. Jones stated that he has not received such notification, and will not agree to the amendments before the City Council until he receives the written confirmation, as discussed. Rich Knowland, 4041 MacArthur Blvd., Project Manager with Pacific Bay • Homes, stated that Pacific Bay Homes did meet with the property owners adjacent to the site and did make several commitments to them. Mr. Knowland confirmed that the changes and commitments discussed in Volume 52 - Page 172 INDEX Res 95 -64 Vacation/ Hazel Drive (90) Ord 98- 22/PCA 879 2300 Jamboree Aeronutronic Ford Planned Community (94) • • City of Newport Beach City Council Minutes September 14, 1998 the meeting will be adhered to, and the letter will still be sent. Mayor Edwards requested that Pacific Bay Homes send a copy of the letter to City staff. Planning Director Temple stated that the heights and grades, as approved by the Building Department, are included in the exhibits contained in the addendum to the environmental impact report. Mayor Edwards suggested that Mr. Jones obtain a copy of the staff report. Hearing no further testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tem O'Neil to introduce Ordinance No. 98 -22 for Amendment No. 879, and pass to second reading on September 28, 1998, with the understanding that Pacific Bay Homes will provide written confirmation to Richard Jones, as discussed, prior to September 28, 1998. Without objection, the motion carried by acclamation. CURRENT BUSINESS 21. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES — LEAGUE ANNUAL CONFERENCE — OCTOBER 2-4, 1998 IN LONG BEACH. Mayor Edwards explained that a delegate and an alternate need to be designated for the League meeting on October 2 - 4, 1998, in Long Beach. After some discussion regarding the schedules of the Council members, it was decided that a staff member could also be designated. Motion by Mayor Edwards to designate Council Member Glover as the City's Voting Delegate for the Conference and City Attorney Burnham as the Voting Alternate. Without objection, the motion carried by acclamation. 22. APPOINTMENT OF AN AD HOC COMMITTEE TO REVIEW THE REQUEST FOR PROPOSALS (RFPs) AND MAKE A RECOMMENDATION TO THE FULL CITY COUNCIL OF WHICH FIRM TO SELECT TO ASSIST THE CITY IN RECRUITING A CITY MANAGER. Motion by Mayor Edwards to appoint Mayor Edwards, Mayor Pro Tem. O'Neil and Council Member Noyes to an Ad Hoc Committee to review the RFP's and make a recommendation to the Council on September 28, 1998. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None. Volume 52 - Page 173 110 U o►;1 League of California Cities Annual Conference (61) City Manager Recruitment (35) • • • City of Newport Beach City Council Minutes September 14, 1998 ADJOURNMENT — Edna May Blurock. 8:00 p.m., the meeting was adjourned in the memory of The agenda for the Regular Meeting was posted on September 9, 1998, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recordine Secreta _ Volume 52 - Page 174 INDEX