HomeMy WebLinkAbout06/26/1989 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: June 26, 1989
'- 'Present x x -x
Absent x
Motion
All Ayes
Motion
All Ayes
G
:*
x
X
x
Ix
x I A. ROLL CALL.
Mayor Pro Tem Plummer announced that
Mayor Donald Strauss had been excused
from this meeting, and therefore, she
would chair the meeting in his absence.
B. Reading of Minutes of Meeting of
June 12, 1989, was waived, approved as
written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
MINUTES
1. Mayor Pro Tem Plummer opened the
Undergroun
continued public hearing (from meeting
Utilities/
of May 8, 1989) regarding proposed
Corona
ASSESSMENT DISTRICT #57 - CORONA
Highlands
HIGHLANDS UNDERGROUND UTILITIES.
Assessment
Dist#57
Report from Public Works Department.
(89)
107 letters in support; 14 withdrawals;
and 7 against the proposed project.
The City Clerk advised that after the
agenda was printed, 24 additional
letters were received in support of the
proposed assessment district, two
letters in opposition, and one letter
withdrawing a previous protest.
The Public Works Director advised the
Council of the following regarding the
proposed Underground Utilities
Assessment District No. 57:
"This Assessment District was
Initiated in 1987 as a result of a
petition requesting formation of
the District signed by owners of
over 60% of the area of the
property.
"The initial public hearing on
May 8 was continued to this date to
allow property at the southeasterly
corner of the area to be added to
the District, and to allow the
Engineer's Report to be revised to
change the method of assessment.
These changes in general have
resulted in lower assessments to
the lower elevation 'non -view'
properties, and increased
assessments to some of the higher
elevation properties.
Volume 43 - Page 248
L
•
CITY OF NEWPORT BEACH
MINUTES
gy9��0 �►
June 26, 1989
"All property owners have been sent
written notification of this
continued public hearing, (the
public hearing was published in the
newspaper as required by law) and
an informational public meeting was
held in the Council Chambers on
June 13 to inform property owners
about the proposed District,
including specific assessments.
"The maps on the board show the
boundaries of the proposed
District, the properties included,
the facilities to be placed
underground, and the properties
which have entered protests to
formation of the District. Most of
this information is also shown on
the maps attached to the staff
report.
"Council members have received
copies of the final amended
Engineer's Report showing, on the
blue pages; the Cost Estimate (page
16); the Assessment Roll showing
amounts to be assessed to all
properties (pages 22 to 53); and a
description of the method of
assessment (pages 54 to 57). The
Supplement to the method of
assessment for the condominium
units was inadvertently omitted
from the Amended Engineer's Report.
This Supplement, blue page 57c, has
been distributed to Council
Members. The total cost of the
District, including all
construction, engineering, legal
and incidental costs (but not
including the service connections)
is $1,300,474.18. There are 200
parcels in the District.
"The Assessment Engineer, Walter
Hamilton of Professional Assessment
Services, has developed a method of
assessment which takes into account
overall esthetics and safety, and
visual obstruction characteristics.
A single unit of benefit is
assigned to all properties on the
basis of overall esthetics and
safety benefits to the area as a
whole. Parcels having a 'direct'
view obstruction caused by the
existing overhead facilities are
assigned an additional 0.29 units
of benefit. 'Indirect' obstruction
Volume 43 — Page 249
Assessment
CITY OF NEWPORT BEACH
MINUTES
4c
6\ y9��o� N
l�,e 200 June 26, 1989
Volume 43 - Page 250
Assessment
Dist# 57
parcels are defined as those
parcels having only a distant view
obstruction and /or parcels which
are served directly from the
street, must be approached through
the overhead facilities, and have
the adjacent streetscape affected
by the overhead facilities. These
parcels are assigned an additional
0.22 units of benefit. The
Assessment Engineer has reviewed
differential land values from the
Orange County Assessor's Office
dating back to 1978 to arrive at
the formula. The exhibit on the
board shows parcels receiving
different categories of benefit.
"The formula also takes into
account the fact that some
properties are served by existing
overhead utilities in the rear of
the parcel, and some are served
from the street in the front.
Since the new underground main
lines will all be in the streets in
front of the properties, the cost
of converting and reconnecting the
service connections will be higher
for the properties currently being
®
served from the rear. An estimated
overall cost for converting service
connections has been added to the
total, and a credit then deducted
for each property, with the
properties having service
connections at the rear receiving
the larger credit.
"Assessments for individual parcels
range from $4,695.70 to $9,227.53
depending on units of benefit, and
the amount of the service
connection credit. Condominium
assessments range from $769.58 to
$1,923.94. These figures compare
with an estimated average
assessment of $10,000 per parcel
when the District was first
proposed.
"A favorable bid of approximately
7% interest rate on the bonds has
been received. Estimated first
year payments on a 15 year bond at
•
7% interest range from $646.76 for
a parcel having an assessment of
$4,695.77 to $1,261.09 for a parcel
having an assessment of $9,227.53.
Volume 43 - Page 250
Assessment
Dist# 57
CITY OF NEWPORT BEACH
MINUTES
\NIA June 26, 1989
Assessment
Dist#57
"The cost of reconnecting
individual service connections must
be added to the above figures. Two
electrical contractors have quoted
prices ranging from $1,225 to
$2,820 for a random selection of 13
different individual service
connections.
"If the District is formed, there
is some indication that a few
property owners may suffer a
genuine hardship because of being
retired and having minimal fixed
incomes. A budget amendment
appropriating $40,000 had been
suggested to establish a fund for
the purpose of advancing the costs
of the assessments and the service
connections. If this concept is
approved the parameters would
include:
1. An agreement securing the
advance by a lien on the
property.
2. Interest at the same rate
as the bonds, 7%.
®
3. Hardship demonstrated by
a minimal rate of income,
to be determined, and
verified by tax return
records.
4. Repayment when property
changes hands.
"It is believed that most property
owners are well informed regarding
the proposed district, and have had
an opportunity to register support
or opposition. Of the 27%
protesting previously received,
some 3% have been withdrawn,
leaving 23.96% of the area
protesting as of June 20. If there
are any final changes to the
percent protesting as a result of
the hearing, these will be reported
to the Council after calculation.
The applicable law provides that
those not protesting are deemed to
•
be in favor of the District. As of
June 20, 87 letters of support for
the District, representing 51.7% of
the area have been received; and an
additional 24 letters, as was
Volume 43 — Page 251
Assessment
Dist#57
•
CITY OF NEWPORT BEACH
MINUTES
C
A 90 �
�Vf June 26, 1989
advised by the City Clerk, were
received after this supplemental
information was prepared.
"Much of the opposition falls into
2 general categories: (1)
opposition to formation of the
District regardless of the
assessment formula used, because it
is felt the benefits of
undergrounding to the area do not
warrant the cost; and /or (2)
opposition to the assessment
formula used, based on the belief
that the benefits obtained, and
thus the costs, should be
apportioned to the properties in a
different fashion.
"With regard to concerns about the
assessment formula, in an area as
geographically diverse as Corona
Highlands, reasonable people will
differ as to relative benefits.
However, the Assessment Engineer,
the Legal Counsel, and the staff
feel the formula utilized in the
Engineer's Report represents a fair
apportionment of the benefits and
the costs.
"It is recommended that a decision
be made at this time to either form
or reject the District; because
tonight's hearing represents the
culmination of some 2'k years of
work, and construction bids from
the Edison Company and the
favorable bond bids are only good
until the present time.
"The principal options available to
the Council following the
conclusion of the public hearing
are these:
1. If a majority protest is
not received, and the
Council desires to
proceed with formation of
the District, take the
actions and adopt the
resolutions as set forth
in the staff report and
on the agenda;
Volume 43 — Page 252
OR
Assessment
Dist#57
CITY OF NEWPORT BEACH
MINUTES
n
June 26, 1989
Assessment
Dist#57
2. If a majority protest is
received and /or the
Council determines not to
proceed, a resolution
should be adopted
•
abandoning the
proceedings.
3. Alternatively, the
Council can overrule a
majority protest by a 6/7
vote, with appropriate
finds, and form the
District. The staff
would not recommend this
procedure, however.
4. If the Council wishes to
modify the proceedings so
as to reduce the cost to
one or more property
owners; this must be done
in a way which does not
increase any other
assessments, or a new
public hearing will be
required. Options to
fund such cost reductions
could include voluntary
•
contributions by other
property owners, City
contribution, or use of
contingency funds
($4,250 is provided).
Sources for a City
contribution could
include the $5,000
provided for construction
inspection or the $5,000
provided for
administration, if the
Council elects not to
seek reimbursement for
those costs.
"A number of procedural questions
have been raised by property owners
regarding the petition process,
administrative recourse, and
appeals or amendments to an
assessment. These questions have
been referred to the Assessment
District Legal Counsel by the City
Attorney for review. If
appropriate during the hearing,
these questions can be discussed
•
with Legal Counsel MacKenzie Brown,
who is in attendance to respond to
legal or procedural questions."
Volume 43 — Page 253
Assessment
Dist#57
.0
•
CITY OF NEWPORT BEACH
MINUTES
A �
Grip June 26, 1989
In response to question raised by
Council Member Turner regarding the
procedure for handling "hardship" cases,
MacKenzie Brown, Legal Counsel, stated
that if the City Council chooses to go
into a "hardship" program, and advances
monies to discharge the assessment, the
assessment becomes a "first" lien prior
to any previously authorized private
debt on a parity with the property tax.
If that lien is discharged, that would
eliminate that priority right and the
City would fall in line as any other
trust deed holder. If other property
owners are willing to financially assist
some of the so- called "hardship" cases,
then it becomes a private matter outside
the realm of the assessment proceedings
with no direct City involvement.
It was indicated by staff that there may
be between two and four "hardship"
cases. It was also pointed out that it
is up to the individual property owners
to arrange for their own hook -ups. With
respect to the trenches being done in
the street under the Assessment District
contract, it was noted that street
pavement, curbs, etc., must be restored
to their original condition, with a
trench patch; however, the terms of a
contract between the property owner and
an electrical contractor to replace a
service connection, will depend upon the
arrangement that property owner makes
with that particular contractor.
The following persons addressed the
Council and protested the proposed
underground utilities:
Roy 0. Andersen, 404 Serra Drive
Sanford Brickner, 475 Morning
Canyon Road
Delight Wiseman, 448 Serra Drive
James D. Schindler, 409 Cabrillo
Terrace
Charles Roman, 449 Seaward Road
Rod Yould, 552 Seaward Road
Richard Cabin, 528 Seaward Road
The following persons addressed the
Council and spoke in favor of the
proposed underground utilities:
Volume 43 - Page 254
Assessment
Dist#57
•
ion
13
CITY OF NEWPORT BEACH
. MBERS MINUTES
C
,p ip June 26, 1989 INDEX
Charles Haley, 440 Cabrillo Terrace
Assessment
Calvin McLaughlin, 544 Seaward
Dist#57
Brian Sandberg, 444 Cabrillo
Terrace, President, Corona
Highlands Property Owners
Association
Mark Cardelucci, 455 Cabrillo
Terrace
Barbara Van Hoven, 556 Seaward Road
Barbara Martin, 548 Seaward Road
John Semple, 572 Seaward Road
It was indicated by Mark Cardelucci, who
spoke above, that a group of property
owners in Corona Highlands have raised
approximately $20,000 to date to
financially assist some of the hardship
cases.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Sansone commented that he
has been involved with this project
since its inception two years ago when
the petitions were circulated, and would
hope that the "close- knit" community of
Corona Highlands does not split as a
result of the underground utilities
and /or the hardship cases.
Council Member Sansone stated that
inasmuch as there is majority support
for the proposed improvements, he has no
other alternative than to move that the
following actions be approved:
1. Resolution.No. 89 -48 ordering
Res 89 -48
changes and modifications, if
desired;
2. Resolution No. 89 -49
Res 89 -49
overruling and denying
protests, and make certain
findings regarding the benefit
distribution of the
assessments;
3. Resolution No. 89 -50 approving
Res 89 -50
contracts for ownership of the
improvements;
4. Resolution No. 89 -51
Res 89 -51
confirming assessments;
5. Resolution No. 89 -52 making
Res 89 -52
award for the sale of the
bonds;
Volume 43 - Page 255
CITY OF NEWPORT BEACH
MINUTES
O ;
\ y9�AO� 9.!
June 26, 1989
Assessment
Dist#57
BA -001
6. Approve Budget Amendment No.
001 from the General Fund in
the amount of $40,000 for the
City to lend the cost of
assessments plus the cost of
reconnecting service
connections to a limited
number of hardship cases; such
hardship cases to be
determined by a criteria yet
to be developed and submitted to
City Council for approval.
Council Member Hart requested the maker
of the motion to vote separately on item
6, to which Council Member Sansone
replied in the negative.
Motion
x
Following comments by Council Member
Hart and Turner regarding Item 6 above,
substitute motion was made to approve
items 1 through 5, and to address item 6
separately.
Council Member Cox entered the meeting at
this time and took his seat.
Ayes
x
x
x
The substitute motion was voted on and
Noes
x
x
FAILED.
A at
x
Motion
x
In view of the foregoing, Council Member
Ayes
Abstain
x
x
x
x
x
x
Hart moved to reconsider Council Member
Turner's substitute motion.
Motion
x
Council Member Hart indicated she did
Ayes
x
x
x
x1
x
not want to see the proposed assessment
Abstain
x
district for underground utilities fail
as a result of a "no" vote on items 1
through 5, and therefore, she moved to
approve items 1 through 5, and to
address Item 6 separately.
Council Member Sansone re— stated his
previous motion with regard to Item 6 as
follows:
"Approve Budget Amendment No. 001
from the General Fund in the amount
of $40,000 for the City to lend the
cost of assessments plus the cost
of reconnecting service connections
to a limited number of hardship
cases; such hardship cases to be
determined by criteria yet to be
•
developed and submitted to City
Council for approval."
Volume 43 — Page 256
Assessment
Dist#57
BA -001
C
Motion
Ayes
Abstain
•
ion
Ayes
CITY OF NEWPORT BEACH
O0� a
\G00 A June 26, 1989
x I x I x 11 x I x
x
MINUTES
The Public Works Director advised that
he felt the staff had direction on some
of the additional criteria to be
developed for hardship cases, inasmuch
as voluntary private funding has been
indicated by the homeowners association,
as well as the need for the criteria to
be "bullet proof" insofar as protecting
the City's interest is concerned.
Following discussion with Mackenzie
x Brown, Legal Counsel, regarding the best
procedure for handling hardship cases,
motion was made to approve Budget
Amendment No. 001 from the General Fund
in the amount of $40,000 for the
possibility of the purchase of bonds to
cover the cost of assessments for
hardship cases, provided criteria can be
established to determine such hardship
cases.
The staff was directed to bring back
suggested criteria for Council approval
no later than July 24.
2. Mayor Pro Tem Plummer opened the public
hearing regarding the request of various
property owners on 22nd Street, Newport
Beach to CHANGE THE STREET NAME OF "22ND
STREET" TO "SANTIAGO DRIVE," located
between Irvine and Tustin Avenues, in
the Upper Back Bay area.
Report from the Planning.Department.
The City Manager noted that the Police
and Fire Departments both concur in the
subject request, and as of this date,
83% of the property owners are in
support of the street name change.
Betty Ann Dent, 2419 22nd Street,
addressed the Council on behalf of the
property owners in favor of the name
change, and cited the reasons for their
request, noting there are two 22nd
Streets in the City, as well as the
confusion of the change from three digit
house numbers in Costa Mesa to four
digit numbers in Newport Beach.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the action of
the Planning Commission and adopt
Resolution No. 89 -53, changing the name
of 22nd Street between Irvine and Tustin
Avenues to Santiago Drive.
Volume 43 - Page 257
Assessment
Dist#57
Street
Name
Change/
22nd St-
Santiago Dr
(83)
89 -53
emotion
All Ayes
•
•
x
CITY OF NEWPORT BEACH
MINUTES
June 26, 1989
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -54 modifying SIGN
PERMIT AND RESIDENTIAL BUILDING
RECORD FEES IN CONNECTION WITH
TITLE 15 OF THE NEWPORT BEACH
MUNICIPAL CODE to become effective
July 1, 1989 and rescinding
Resolution No. 88 -44. (Report from
the City Manager regarding CHANGES
IN USER FEES)
(b) Resolution No. 89 -55 modifying
RESUBDIVISION AND TENTATIVE MAP
FILING FEES IN CONNECTION WITH
TITLE 19 OF THE NEWPORT BEACH
MUNICIPAL CODE to become effective
July 1, 1989 and rescinding
Resolution No. 88 -45. (Refer to
report w /agenda item F -2(a))
(c) Removed from the Consent Calendar.
Fees /User
Building
Res 89 -54
(40)
Fees /User
Resub /Maps
Res 89 -55
(40)
(d) Resolution No. 89 -57 establishing a IBalboa
REVISED SCHEDULE OF RATES FOR THE IYacht Ban
BALBOA YACHT BASIN effective Rates
September 1, 1989 and rescinding Res 89 -57
Resolution No. 88 -47. (Refer to (40)
report w /agenda item F -2(a))
(e) Resolution No. 89 -58 amending
SUBSECTION A OF SECTION 12 OF THE
HARBOR PERMIT POLICIES RELATING TO
THE SCHEDULE OF FEES FOR PERMITS to
become effective July 1, 1989 and
rescinding Resolution No. 88 -48.
(Refer to report w /agenda item
F -2(a))
(f) Resolution No. 89 -59 establishing
MOORING FEES AND A LATE PAYMENT
PENALTY PURSUANT TO SECTION
17.22.050 OF THE NEWPORT BEACH
MUNICIPAL CODE and rescinding
Resolution No. 88 -49. (Refer to
report w /agenda item F -2(a))
Volume 43 - Page 258
Harbor
Permit Fees
Res 89 -58
(40)
Mooring/
Late Fees
Res 89 -59
(40)
•
CITY OF NEWPORT BEACH
MEMBERS MINUTES
��9y9�007�
�.p to June 26, 1989 INDEX
(g) Resolution No. 89 -60 modifying the
Commercial
FEE FOR PERMITS PURSUANT TO SECTION
Actvts Prmt
17.41.040 OF THE NEWPORT BEACH
Res 89 -60
MUNICIPAL CODE FOR COMMERCIAL
(40)
ACTIVITIES ON THE WATERS OF NEWPORT
HARBOR to become effective July 1,
1989 and rescinding Resolution No.
88 -50. (Refer to report w /agenda
item F -2(a))
(h) Resolution No. 89 -61 modifying the'
Annual Pier
ANNUAL PIER FEE PURSUANT TO SECTION
Fee
17.33.030 OF THE NEWPORT BEACH
Res 89 -61
MUNICIPAL CODE effective July 1,
(40)
1989 and rescinding Resolution No.
88 -51. (Refer to report w /agenda
item F -2(a))
(i) Resolution No. 89 -62 establishing a
ermit /Insp
REVISED PERMIT AND INSPECTION FEE
Fee /Fire
SCHEDULE PURSUANT TO SECTION
Res 89 -62
9.04.270 OF THE NEWPORT BEACH
(40)
MUNICIPAL CODE FOR SERVICES
PERFORMED BY THE FIRE DEPARTMENT in
administering provisions of State
law and the Newport Beach Municipal
Code to become effective July 1,
1989 and rescinding Resolution No.
88 -52. (Refer to report w /agenda
item F -2(a))
(j) Resolution No. 89 -63 ANNUAL PERMIT
Police Alrm
FOR POLICE MONITORED ALARM SYSTEMS
Prmt Fee
PURSUANT TO NEWPORT BEACH MUNICIPAL
Res 89 -63
CODE SECTION 5.48.080 AMENDING
(40)
RESOLUTION NO. 87 -118. (Refer to
report w /agenda item F -2(a))
(k) Resolution No. 89 -64 ESTABLISHING
Alrm Sys
THE APPLICATION FEE FOR ANNUAL
Apli Fee
PERMIT TO OPERATE ALARM SYSTEM AT A
Res 89 -64
COMMERCIAL LOCATION PURSUANT TO
(40)
NEWPORT BEACH MUNICIPAL CODE
SECTION 5.49.030. (Refer to report
w /agenda item F -2(a))
(1) Resolution No. 89 -65 ADOPTING THE
Budget
BUDGET FOR THE 1989 -90 FISCAL YEAR.
FY'89 -90
(Report from Parks, Beaches and
Res 89 -65
Recreation Director regarding ARTS
(25)
COMMISSION SUMMER CONCERTS)
(m) Removed from the Consent Calendar.
(n) Resolution No. 89 -66 advising the
PW /AHFP
AHFP Advisory Committee that
Crcltn
AMENDMENTS TO THE CIRCULATION
Elmt /Sts
ELEMENT MASTER PLAN OF STREETS AND
Hwys
HIGHWAYS have been adopted and
Res 89 -66
requesting the County of Orange to
(74)
Volume 43 - Page 259
•
•
•
CITY OF NEWPORT BEACH
EMBERS MINUTES
� A
dip June 26, 1989 INDEX
modify its Master Plan of Arterial
Highways within the City to conform
to the City's Master Plan. (Report
from Public Works Department)
(o) Resolution No. 89 -67 declaring the
Vacation/
CITY OF NEWPORT BEACH'S INTENTION
Abandm Esm
TO VACATE AND ABANDON AN EASEMENT
Strm Drn
FOR STORM DRAIN PURPOSES AND
Sea Island
SETTING PUBLIC HEARING FOR JULY 24,
Res 89 -67
1989, shown on Parcel Map 79 -704
(90)
(Resubdivision No. 616), Sheet No.
4 and adjacent to Lot 13 of Tract
No. 9676 (Sea Island Condominiums,
westerly boundary of the Newport
Beach-Country Club Golf Course.
(Report from Public Works
Department)
(p) Resolution No. 89 -68 establishing
Personnel/
the SALARIES FOR MANAGEMENT AND
Key /Mgm
OTHER KEY EMPLOYEES FOR FISCAL YEAR
FY189 -90
1989 -90 and amending the City's
Salaries
Classification and Compensation
Res 89 -68
Plan to reflect said changes.
(66)
(Attached w /memorandum from the
City Manager)
(q) Resolution No. 89 -69 establishing
Personnel/
the SALARIES OF TEMPORARY AND
Temp /Seasn:
SEASONAL CLASSES FOR THE 1989 -90
FY189 -90
FISCAL YEAR and the Classification
Salaries
and Compensation Plan to reflect
Res 89 -69
said changes and rescinding the
(66)
Temporary Seasonal Employee Salary
Sections of Resolution No. 88 -64.
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2715 to General
Avon St
Procurement & Construction Co., -
Imprms/
Inc., for the total bid price of
vrsd /Clf
$248,738.50; and authorize the
Dr
Mayor and City Clerk to execute
-2715
said contract for AVON STREET
(38)
IMPROVEMENTS /RIVERSIDE AVENUE (to
300 feet westerly) /RIVERSIDE AVENUE
STORM DRAIN, LINE C.; and CLIFF
DRIVE PARK STORM DRAIN, PHASE II.
(Report from Public Works
Department)
(b) Approve an agreement between the
OCWD/
CITY AND THE ORANGE COUNTY WATER
Utilities
DISTRICT (OCWD) FOR INSPECTION AND
eslntn/
TESTING OF SEAWATER DESALINATION
Testing
PIPELINE; and authorize the Mayor
C -2756
and City Clerk to execute subject
(38)
agreement. (Report from Utilities
Director)
Volume 43 - Page 260
14
C
•
•
CITY OF NEWPORT BEACH
PO 4c
June 26, 1989
(c) Approve TENTATIVE AGREEMENT WITH
THE NEWPORT BEACH PROFESSIONAL AND
TECHNICAL EMPLOYEES ASSOCIATION
(P /T Assn.) CONTRACT 2051 FOR
FISCAL YEAR 1989 -90. (Memorandum
from City's Negotiating Team)
MINUTES
TentAgm/
NBP &T Asn
FY'89 -90
C -2051
(38)
(d) Approve TENTATIVE AGREEMENT WITH TentAgm/
THE NEWPORT BEACH FIRE FIGHTER'S NBFA Asn
ASSOCIATION (NBFA) CONTRACT 2060 FY'89 -90
FOR FISCAL YEAR 1989 -90. (Refer to C -2060
Memorandum w /agenda item F -3(c)) (38)
(e) Approve TENTATIVE AGREEMENT WITH TentAgm/
THE NEWPORT BEACH POLICE EMPLOYEES NBPE Asn
ASSOCIATION (NBPEA) CONTRACT 2056 FY'89 -90
FOR FISCAL YEAR 1989 -90. (Refer to C -2056
Memorandum w /agenda item F -3(c)) 1(38)
(f) Approve TENTATIVE AGREEMENT WITH TentAgm/
THE NEWPORT BEACH OCEAN LIFEGUARD NBOLA Asn
ASSOCIATION ( NBOLA) CONTRACT 2058 FY'89 -90
FOR FISCAL YEAR 1989 -90. (Refer to C -2058
Memorandum w /agenda item F -3(c)) 1(38)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Budget Committee for response,
letter with suggestions from Taylor
B. Grant regarding PARK BOND
ISSUES.
(b) To Public Works /Planning /Building
Departments for implementation,
letter from Transportation Corridor
Agencies regarding SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR
AGENCY ADJUSTMENT OF MAJOR
THOROUGHFARE AND BRIDGE FEES
ADJUSTMENT AS OF JULY 1, 1989.
(c) To City Manager for reply, letter
from Elsie Leavy regarding SALE OF
WATERFRONT PROPERTY AT 4210 RIVER
AVENUE.
(d) To City Librarian for inclusion in
the records, letters from Brian
Paul Dougherty, Roger W. Hardacre,
Peggy and Earl Timmons, John and
Iryne Black, and Family of Dr. John
C. Brown urging support for FUNDING
PROPOSAL FOR THE NEW CENTRAL
LIBRARY, and Holley Wilkinson's
proposal to let the citizens of
Newport Beach vote on this project.
Note: Additional letter received
after the agenda was printed from
Vida B. Nelson.
Volume 43 - Page 261
PB &R /Prk
Bond Isu
(62)
PW /SJH
Trnsp Crdr
(74)
Property
Acq /River
Ave
(73)
Library
(50)
•
•
CITY OF NEWPORT BEACH
MINUTES
y C 4z
June 26, 1989
(e) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Joyce L. Bradley alleging damage to Bradley
parked vehicle in front of 507
Aliso Avenue, as a result of
overspray of fluid by City tree
trimmers on June 5, 1989.
(b) Parichehr Nadib alleging personal Nadib
injuries while crossing the
westbound side of Westcliff, east
of Rutland Avenue on December 21,
1988.
(c) Tracy Shurley alleging personal Shurley
injuries sustained on May 5, 1989,
as a result of hitting damaged
street sign on Balboa Boulevard and
15th Street, which was leaning over
bicycle path.
For rejection:
(d) LATE CLAIM OF T. J. Abshier
alleging sea water came through
bulkhead and flooded his yard and
under his house on 112 S. Bay Front,
Balboa Island, damaging floor
furnaces, etc., as a result of work
done under Public Works Contract
January - June, 1988.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Peter J. Carolan for Deprivation of
Civil Rights, etc., Orange County
Superior Court, Case No. 49- 17 -65.
Claim was denied by City Council
August 8, 1988.
(b) David T. Lupash for personal
injuries, Orange County Superior
Court, Case No. 586724. Claim was
denied by City Council December 12,
1988.
Volume 43 - Page 262
Abshier
(36)
Carolan
Lupash
C
•
CITY OF NEWPORT BEACH
MINUTES
�0� N June 26, 1989
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Geobase Assistant, Utilities
Department.
(b) One Sign & Paint Shop Technician,
General Services Department.
(c) One Police Officer, Patrol
Division.
(d) One Secretary, Patrol Division.
(e) One Tree Trimmer I, Parks Division.
(f) One Equipment Operator I- Asphalt,
General Services Department.
(g) One Equipment Operator II, General
Services Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from Parks, Beaches and
.Recreation Director recommending
the Mayor be authorized to transmit
letter to the County of Orange
which indicates conditions on the
City property to be deeded to the
County as part of the proposed BACK
BAY REGIONAL PARK.
For Council information and filing:
(b) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON JUNE 8,
1989.
10. PUBLIC HEARING SCHEDULING - July 24,
1989:
(a) Refer to agenda item F -2(o).
11. RESUBDIVISION NO. 883 - Approve the
improvement plans and specifications and
accept the public improvements
constructed in conjunction with
Resubdivision No. 883, (on the southerly
side of Bolsa Avenue, between Broad and
Clay Streets in Newport Heights); and
authorize the City Clerk to release the
Faithful Performance Surety (Certificate
of Deposit No. 35- 001858), and Labor and
Material Surety (Certificate Deposit No.
Volume 43 - Page 263
(66)
PB &R /Bk
Bay Rgnl
Prk
(62)
Planning
(68)
Resub 883
(84)
•
is
Motion
All Ayes
is
CITY OF NEWPORT BEACH
L MEMBERS
3y 9 V
C
�.p N June 26, 1989
x
035- 0001859) in six months provided no
claims have been filed. (Report from
Public Works Department)
MINUTES
12. 58TH STREET RESTROOM REPLACEMENT 58th St
(CONTRACT NO. 2714) - Approve the plans Rstrm Rplcm
and specifications; and authorize the C -2714
City Clerk to advertise for bids to be (38)
opened at 11 a.m. on August 30, 1989.
(Report from Public Works Department)
13. Removed from the Consent Calendar.
14. FISCAL YEAR 1989 -90 LEGAL ADVERTISING - Legal Adv
Uphold recommendation of the City Clerk FY189 -90
to accept the bid from the Daily Pilot (20)
at the rate of $3.40 per column inch,
per insertion. (Memorandum from City
Clerk)
15. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Cncl Expns
RECORD - Approve Mayor Pro Tem Ruthelyn (33)
Plummer's expense record in the amount
of $221.07 to attend Offshore Oil
meeting in Washington, D.C., from June 6
- 7, 1989.
16. BUDGET AMENDMENTS - For approval:
BA -001 - Removed from the Consent
Calendar.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Budget Amendment No. 001 regarding
Corona Highlands Assessment District No.
57.
Inasmuch as Budget Amendment No. 001 was
included with the agenda action for D -1,
motion was made to take no further
action.
2. Proposed resolution supporting the
CALIFORNIA DESERT PROTECTION ACT.
Council Member Turner pointed out that
the California Desert Protection Act
would designate Death Valley and Joshua
Tree Monuments as National Parks and
create a new National Park out of the
East Mojave National Scenic Area, and
stated he was somewhat hesitant to
endorse the resolution at this time,
inasmuch as there are only two Cities
(Los Angeles and San Francisco), who
have supported the Act; five counties
are in support and approximately 23
counties are opposed. Some of the
Volume 43 - Page 264
(48)
ion
:7
Motion
•
CITY OF NEWPORT BEACH
\GNN
\ \ June 26, 1989
x
MINUTES
cities and counties which oppose the Act
are in the immediate area of the
proposed National Parks, and he felt it
might be prudent to determine why those
cities and counties are in opposition
before taking action on the subject
resolution.
In view of the foregoing comments,
Council Member Turner suggested this
item be referred back to staff for
determination as to why certain cities
and counties are opposing passage of the
California Desert Protection Act.
Ray Williams, 13601 Walnut Avenue,
Whittier, addressed the Council and
stated that a "turf battle" is taking
place with Federally -owned public land,
and who shall manage these lands. He
stated "that the Bureau of Land
Management does not seem to have a good
management record perhaps due to
insufficient funds and staff, and the
major reason is because their charge is
different as to what they allow to take
place on their territories, as opposed
to what the Park Service allows, and the
Park Service is more restrictive as to
what is allowed." He discussed
"consumptive uses" and indicated that if
small town desert uses continue as they
have in the past, along with the influx
of people from other areas, the desert
will continue to deteriorate. He stated
that by putting these lands under the
jurisdiction of the Park Service, the
lands are more protected. Many of the
people who are objecting to the Act are
looking at their own personal short -term
gain. He added that some cities have
changed their position on the Act, such
as Barstow, which has become neutral
rather than against the Act. In
closing, he stated that additional
information regarding the Act can be
obtained from the Bureau of Land
Management, or the California Desert
Protection Coalition in Riverside.
Council Member Watt spoke in support of
the California Desert Protection Act and
moved to adopt the proposed resolution.
Council Member Hart indicated she felt
more information was needed on this
issue prior to taking action, and
suggested it be brought back at a future
study session.
Volume 43 - Page 265
Legislation
ROLL CALL\ V
Motion x
Ayes x x
Noes
•
Motion
All Ayes
•
Motion
All Ayes
•
x
CITE' OF NEWPORT ®Each)
�A I r®
A
N� June 26, 1989
x
MINUTES
Following discussion, substitute motion Legislation
was made to defer action on the proposed
resolution until July 24, 1989, and
direct staff to bring back a report
citing which cities and counties are
opposing the Act and,why.
3. Proposed resolution modifying APPEALS
AND OTHER FEES RELATING TO ZONING
ACTIONS (TITLE 20).
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed the proposed increase in fees
for appealing zoning issues to the City
Council.
Motion was made to adopt Resolution.No.
89 =56 modifying APPEALS AND OTHER FEES
RELATING TO ZONING ACTIONS IN CONNECTION
WITH TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE, to become effective
July 1, 1989 and rescinding Resolution
No. 88 -46.
4. Report from Public Works Department
regarding RESUBDIVISION NO. 891.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council regarding
the dedication of land in connection
with a resubdivision.
Motion was made to approve RESUBDIVISION
NO. 891 guaranteeing completion of the
public improvements required with
Resubdivision No. 891 (southwesterly
corner of East Balboa Boulevard and
Washington Street in Central Balboa);
and authorize the Mayor and City Clerk
to execute subject agreement and offer
of dedication of a 15 foot radius corner
cut -off at Washington Street and East
Balboa Boulevard. (Report from Public
Works Department)
5. Letter and petition from residents
requesting REMOVAL OF BOTTS DOTTS
REFLECTORS, SPECIFICALLY ALONG SAN
JOAQUIN HILLS ROAD from West Gate of Big
Canyon to Jamboree and along Jamboree
from San Joaquin Hills Road to the
maintenance yard of Big Canyon Country
Club.
Volume 43 - Page 266
Fees /Zoning
(40)
(84)
(85)
89 -56
891
Motion
6Ayes
•
CITY OF NEWPORT BEACH
1k0 A June 26, 1989
K0
MINUTES
Beryl I. Sokolowski, 3 Rue Marseille,
addressed the Council and distributed
materials relative to her request for
removal of Botts Dotts Reflectors on San
Joaquin Hills Road. She stated that
property owners in the area were never
notified of the reflectors before being
installed; the unnecessary noise created
by cars running over the reflectors
makes it very difficult to sleep and
detrimental to health; the faster the
cars go over the reflectors the noisier
it gets, and suggested the reflectors be
removed from their residential area and
traffic lines painted. She also cited
excerpts from the City's noise
ordinance, Section 10.28.010.
John Sokolowski, 3 Rue Marseille,
addressed the Council and concurred with
his wife's remarks. He added that the
bedrooms in all the homes on San Joaquin
Hills Road and Jamboree Road face the
street and there are no sound walls
between the homes and the street to
"soften" the noise from the reflectors,
as in other residential areas.
Motion was made to refer this item to
the Traffic Affairs Committee for their
meeting of July 11, with report back to
the City Council on July 24, 1989.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 89 -14, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
CHAPTER 20.75 TO THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
REGULATION OF SATELLITE DISH
ANTENNAS (PLANNING COMMISSION
AMENDMENT NO. 628),
was presented for second reading with
recycled report from City Attorney dated
June 6, 1989.
Ray Cotter, 4500 Manhattan Beach
Boulevard, addressed the Council and
asked questions regarding the
installation of a satellite system in a
nonconform building, which exceeds the
height limit.
The City Attorney replied that a permit
would be necessary from the Planning
Director who would determine the
appropriate conditions to be imposed and
Volume 43 - Page 267
Ord 89 -14
Zoning/
Satellite
Dish Antna
(94)
:.S'3:]
•
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
x
x
CITY OF NEWPORT BEACH
ok6 y -V
iak N June 26, 1989
x
2.
I
1
MINUTES
the location where the antenna dish
could be installed. He stated that if
it is determined by the Planning
Director that the satellite dish cannot
be installed and meet the purposes of
the zoning ordinance, then the applicant
would have the right to appeal that
decision to the Planning Commission and
City Council.
Motion was made to adopt Ordinance No.
89 -14.
Proposed ORDINANCE NO. 89 -15, being,
AN ORDINANCE OF THE CITY COUNCIL OF Pena
THE CITY OF NEWPORT BEACH AMENDING (70)
SECTIONS 7.06.020 AND 7.16.070 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO PENALTIES FOR ANIMAL
CONTROL VIOLATIONS,
was presented for second reading with
recycled report from Business License
Supervisor dated June 12, 1989.
Motion was made to adopt Ordinance No.
89 -15.
CONTINUED BUSINESS:
APPOINTMENTS TO BOARDS AND COMMISSIONS:
Motion was made to defer action to
July 10, 1989, as requested by Mayor
Strauss, regarding the following
nominees:
BOARD OF LIBRARY TRUSTEES
1. C. Ben Jackson OR Sally Schroeder
(Seat now held by C. Ben Jackson)
CITY ARTS COMMISSION
1. Sara Blatterman OR Jane Piasecki
(Seat now held by Sara Blatterman)
CIVIL SERVICE BOARD
1. Paula Godfrey OR Joseph DeLadurantey
OR Hilbert Carson
(Seat now held by Hilbert Carson)
Volume 43 - Page 268
89 -15
al Cntr
Boards/
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G (
OA % Co
Q G .7 yt 9j�
�� gym ��� �G� �A �►
OLL 9 N June 26, 1989
is
Motion
All Ayes
0i on
Ayes
x
x
PARKS, BEACHES AND RECREATION
1. Pete Compton OR William Sharp
(Seat now held by Clyda Brenner)
2. Gale Demmer OR Michael McNalley
(Seat now held by Diana Springer)
PLANNING COMMISSION
1. Thomas Edwards OR Anita Meister -Boyd
(Seat now held by Thomas Edwards)
2. Janine Gault OR Pat Hollander
OR Norma Glover
(Seat now held by Joan Winburn)
J. CURRENT BUSINESS:
1. Report from Public Works regarding
ENCROACHMENT AGREEMENT AND MAINTENANCE
OF PRIVATE IMPROVEMENTS WITHIN THE
BAYSIDE DRIVE AND PACIFIC DRIVE PUBLIC
RIGHT -OF -WAY, adjacent to 2209 Pacific
Drive, Corona del Mar.
Tim Robertson, 1315 Palms Boulevard,
Venice, architect for the applicant,
addressed the Council in support of the
request. He stated they are attempting
to create a "view angle" for persons
backing out of a driveway they would
like to install off of Bayside Drive.
He stated they have received support
from adjacent property owners, but have
not contacted residents across the
street.
Following discussion, motion was made to
defer action on this item until July 10,
1989, in order that the applicant can
notify and receive comments from the
residents across the street from the
project.
MINUTES
2. Report from Public Works regarding
APPEAL OF BOB MCCLEAN FROM DENIAL OF
APPLICATION TO CONSTRUCT RAISED PLANTERS,
PILASTERS AND STEP IN PUBLIC
RIGHT -OF -WAY ADJACENT TO 33 Bodega Bay.
Motion was made to approve the appeal,
subject to:
Volume 43 - Page 269
Boards/
Commissions
Permit/
Bayside &
Pacific Dr
(65)
Permit/
33 Bodega
(65)
u
CITY OF NEWPORT BEACH
0
\Gy99� N A 0
� N June 26, 1989
MINUTES
Execution of an agreement for
nonstandard improvements; building
permits from the Building
Department, if required by Code; no
construction be permitted under
this approval that would not be
permitted by the Zoning Code in
front setbacks; and an encroachment
permit from the Public Works
Department.
Meeting adjourned at 10:50 p.m. to 1:00 p.m.,
July 10, 1989, to meet in closed session to
evaluate personnel.
The agenda for this meeting was posted
on June 22, 1989 at 8:20 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
ATTEST:
Volume 43 — Page 270
Permit/
33 Bodega
Bay