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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