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HomeMy WebLinkAbout06/14/1993 - Regular MeetingCITY OF NEWPORT BEACH COLKIL MEMBERS REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. s DATE: June 14, 1993 ROLL CRLL Present Excused 141 n A yes Motion All Ayes Mayor Turner presented Proclamation to retiring Norb and Mabel Reinhart, Managers of the City's Marina Park Mobile Home Park, for their dedicated service, and a presentation of gifts was made on behalf of the Marina Park Mobile Home Park Homeowners Association. Fire Chief Tim Riley addressed the Council, reporting that the Fire Department is actively involved in the community regarding disaster preparedness, and introduced Captain Todd Knipp, representing the Newport Beach Firefighters Association, who presented the City with their association's donation of sustenance - level, short term emergency supplies in the event of a disaster. Pat Dolan, Commander of the Newport Beach Chapter of the American Legion made an announcement with an invitation for the public to attend a Fourth of July Celebration, sponsored by the American Legion, American Legion Auxiliary, Sons of the American Legion, and the American Legion Yacht Club, which starts at 6:30 a.m. with a pancake breakfast, then lunch and dinner steak - fries. The highlight of the day will be the Old Glory Character Boat Parade, to promote Newport Beach, and the proceeds will go to the Newport Nautical Museum. xI xI xI xI xI xIROLLCALL x x Reading of Minutes of Meeting of May 24, 1993, was waived, approved as, written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and direct City Clerk to read by titles only. PUBLIC HEARINGS 1. Mayor Turner opened the continued public hearing on APPEAL OF AVEK REALTY CORPORATION FOR RESUBDIVISION NO. 997 from request of Penco Engineering, Inc., applicant to resubdivide two existing parcels of land into three parcels for conveyance purposes, located in the APF- H District, 210 Newport Center Drive on property bounded by San Niguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive in Newport Center. Report from the Planning Department. Report from the City Attorney. Letter from appellant's Attorney, Michael V. Burnett, recommending disapproval of Resubdivision No. 997 as required by Government Code Section 66474. Recycled Appeal application of Avex Realty Corporation. Volume 47 - Page 131 MINUTES (84) Zii, 997 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES S' \%\J- June 14, 1993 ROLL CALL INDEX • 0 0 The City Manager gave a summary of events advising that the subject ap has been continued from the last council meetings, and referenced City Attorney's report regarding legal issues. the lResub 997 peal two the the The City Attorney summarized his report, advising that the City Council and Planning Commission, in compliance with the Subdivision Map Act, are required to deny a tentative or parcel map if there is substantial evidence to support one of seven findings for disapproval, and only two categories are relevant in this case. The Council must deny the proposed map if the map, or its design or improvement, is not consistent with the General Plan; and the second requires denial of the map when the design of the subdivision or the typa of improvements will conflict with the easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The proposed map does not pose any development or authorize Edwards or The Irvine Company any entitlement on the site that is the subject of the resubdivisiou. Subdivision maps generally do not confer entitlement, and that before Edwards could construct any movie theater complex, it would require a General Plan Amendment, and at this point, this has not been requested. The second mandatory finding for denial is relative to public easements; as there are no public easements within the boundaries of this map that would be affected in any way by either the approval or recordation of the map, it is recommended that the City Council deny the appeal, and approve Resubdivision No. 997. Mike Padian, Director of Development, The Irvine Company, addressed the Council, stating that they concur with the City Attorney's recommendation. Gary Mobley, representing the appellant, Avex Realty Corporation, addressed the Council, stating that they disagree with the City Attorney's report. He advised that relative to the General Plan, there is a separate requirement under Section 66474 of the Government Code that requires that the design or improvement of the proposed subdivision be consistent with applicable general and specific plans, and this is the basis of the subject appeal. It is a matter of public record that the purpose of the subdivision is to facilitate expansion of the Edwards Theater, who have purchased the property which was the Good Earth Restaurant that is closed at this time. The declaration of use restrictions in the purchase documents, specifically listed the construction of a theater complex. Attached to the declaration of specific use restrictions, is an actually specific design and plans for expansion of a theater. In a meeting with Avex Volume 47 - Page 132 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLiP June 14, 1993 Motion Ayes x x Abstained x x 0 representatives on April 29, James Edwards, Sr., specifically stated that they want to build the expansion as soon as possible with plans for a grand opening in December, 1994. Mr. Mobley further advised that the City Attorney's opinion concludes that there is no real evidence of any posed plan, and that this is merely an option that is being considered by Edwards Theater; the Council must look at the plans and the reasonable prospect of development in considering any kind of approval, including a subdivision. In answer to Council inquiry, the City Attorney stated that Edwards Theater would have to submit a request to the Planning Commission and City Council to initiate a General Plan Amendment and a Zone change for the property. He advised that there is some clear evidence that Edwards Theater is seriously considering the construction of a theater complex on one of the parcels that is the subject of the resubdivision, but they haven't submitted any such proposal to the City, either in the form of a General Plan Amendment request, or zone amendment request, or site plan. Jim Edwards, President of Edwards Theater, Newport Center Drive, addressed the Council and confirmed that they have no real plans at this time for development, but have done studies and at such time when a proposal for development of the property materializes, they will request the proper General Plan Amendment and zoning. Hearing no one else wishing to address the Council, the public hearing was closed. Following Council discussion, motion was made to sustain the decision of the Planning Commission approving Resubdivision No. 997, subject to the findings attached to the staff report. Mayor Turner opened the public hearing regarding WEED ABATEMENT PROGRAM FOR 1993; AND TO CERTIFY THE LIST OF PROPERTIES THAT MAY REQUIRE WEED ABATEMENT AND /OR CLEANING. Memorandum with List of properties from the Fire Department. Council was advised that after the agenda was printed, a letter from Helen Kreutzkamp was received, questioning the weed abatement program regarding the vacant lot she owns behind her property. Volume 47 - Page 133 MINUTES 1993 (41) 997 CITY OF NE"ORT BEACH COUNCIL MEMBERS \ *0MMAM �o1\\ June 14, 1993 Motion All Ayes • • A The City Manager advised that on May 10 the City Council adopted Resolution No. 93 -27, which declared weeds a nuisance which must be abated, and scheduled this evening to hear protests. There are 15 locations on the Fire Department list to abate weeds, with a recommendation to take public testimony and adopt a resolution to abate the weeds and public nuisances. Following Council inquiry, it was determined that staff had previously investigated Helen Rreutzkamp's complaint during the 1992 -93 Weed Abatement Program. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 93 -41, ordering the Fire Chief to abate weeds and.. other public nuisances - existing upon streets, alleys, sidewalk, parkways and private property within the City. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -12, being, MINUTES AN ORDINANCE OF THE CITY COUNCIL 1(40) OF THE CITY OF NEWPORT BEACH ANENDING PORTIONS OF CHAPTER 3.16 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE UNIFORM TRANSIENT OCCUPANCY TAX (UTOT). Report from the Revenue Manager, Finance Department and report from the City Manager regarding Conference and Visitors Bureau agreement. The City Manager advised that the City's Budget Committee and the Newport Beach Conference and Visitors Bureau (CVB), with the full authority of the CVB Board, recommends that the City Council: 1) Increase the TOT rate from 8% to 98 (and retain the current 1% Visitors Service Fee); 2) Revise the City's current agreement to provide that: A. If the City collects more than its projected revenue of $5,833,000 (which includes the 1% increase) then the CVB will receive the first $625,000 of any amount over the $5.833 million strictly for marketing services. B. If the City collects more than $6.458 million ($5.833 + $.625 million) then this amount will be split between the City and the CVB on a 50/50 basis. Volume 47 - Page 134 INDEX 93 -41 93 -12 COUNCIL MEMBERS 1 • • • CITY OF NE"ORT BEACH \%\J June 14, 1993 C. The contract will be for three years and the base numbers of $5.833 million and $.625 million will be increased by the Consumer Price Index on an annual basis. D. Payments of any amounts to the CVB will be made on July 30 (following the close of a fiscal year), after it has been determined whether the thresholds have been achieved. In addition to the items above that would need to be incorporated into a new agreement, the parties agreed that in the ordinance providing for an increase in the TOT rate, it would state that existing weekly or monthly rental agreements that sppecify the lower rate (8 %) will be held at the lower rate through October 1, 1993. This is to address the issue raised by the managers of the monthly rental properties at the last City Council meeting. Also, an issue has been raised by several hotels regarding the payment of the TOT for "persons" (including firms /corporations) occupying or renting rooms on an ongoing basis. In the past, these "contract" rooms have been exempt from paying the tax. In the original proposal these "contract" rooms would have paid the tax. A compromise has been proposed that provides that these contracts will be exempt, as long as they are continued in place through July 14, 1998, or five years from the effective date of the ordinance. One issue that has complicated the discussion with the CVB is the issue of the $50,000 that is required in the City's contract with the CVB to be paid to the City from the current 1% they receive through the Visitors Service Fee. The contract provides that the City is to use these monies for the establishment and operation of a "transportation system" in the City - -if they are not used for this purpose, (presumably a trolley or similar shuttle or bus syystem) then these monies are to be used for any other transportation purpose. In the last four years these monies have not been earmarked for any specific transportation program, nor have they been segregated and set aside in reserve, but have been used in the General Fund, indirectly for "transportation" Volume 47 - Page 135 MINUTES Revenue/ Finance UTOTax COUNCIL MEMBERS k I X.,: CITY OF NEWPORT BEACH \ \\ June 14, 1993 MINUTES INDEX e GPA 92 -3(E (45) No. 31 programs which'are provided by the Public Works Department. The CVB would like the City to terminate Its requirement of the $50,000 payment from the CVB now. • Richard Gartrell., President of the Newport Beach Conference and Visitors Bureau, addressed the Council, stating that on behalf of the Board of Directors, he is requesting the earliest possible release of the transportation funds, so that this money can go back into their marketing fund for next year. After it was determined that no one else wished to address this issue, the public hearing was closed. Motion x Motion was made by Council Member Ayes x x x x x Sansone to accept the recommendation of Abstained x the Budget Committee, adopt Ordinance No. 93 -12, and eliminate the annual payment requirement of $50,000 from the Convention and Visitors Bureau, which motion carried. Motion x A further motion was made by Mayor Pro Ayes x x x x x Tem Watt to hold back on releasing the Abstained x $50,000 requirement until September 30, 1933, which motion carried. Motion x Council discussion continued, and Mayor Ayes x Pro Tem Watt made an additional motion No* x x x x x that the Convention and Visitors Bureau not be released of the requirement to provide $50,000 of its portion of the Transient Occupancy Tax to the City for transit use until September 30, 1993 when it will be released of this requirement, unless the City has found a use for the money, which motion FAILED. Motion x Mayor Turner made a motion that the City Ayes x x x x x release the $50,000 to the Convention Noes x and Visitors Bureau immediately, which motion carried. 4. Mayor Turner opened the public hearing regarding: A. General Plan Amendment No. 922 9 - Request to amend the Land Use and Circulation Elements of the General Plan so as to increase the allowable size of the proposed Interpretive Center on the Westbay parcel of the Upper Newport Bay Regional Park site from 8,000 sq. ft, to 10,000 sq., ft. and delete a secondary bicycle trail along the Westbay parcel; and the acceptance of an environmental document; AND • B. Local Coastal Program Amendment No 31 - Request to amend the Local Coastal Program Land Use Plan so as to increase the allowable size of the proposed Interpretive Center on the Westbay parcel of the Upper Newport Bay Regional Park site from 8,000 sq. ft. to 10,000 sq. ft.; AND Volume 47 - Page 136 MINUTES INDEX e GPA 92 -3(E (45) No. 31 COUNCIL s ROLL C LL CITY OF NEWPORT BEACH MEMBERS MINUTES June 14, 1993 INDEX 779 93 -13' 348& C. Amendment No. 779. proposed ORDINANCE NO. 93 -13, being, AN ORDINANCE OF THE CITY COUNCIL OF THE • CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAPS NO. 36, 39, 40, 42, 43, 44 AND 61 SO AS TO RECLASSIFY THE SANTA ANA HEIGHTS AND EASTBLUPF PARCELS OF THE UPPER NEWPORT BAY REGIONAL PARK PROPERTY FROM THE U (UNCLASSIFIED) DISTRICT, R -3 -B AND R -4 -B -2 DISTRICTS TO THE PC (PLANNED COMMUNITY) DISTRICT; AND D. Use Permit No. 3488 - Request to approve a General Development Plan and Resource Management Plan for the Upper Newport Bay Regional Park, which would serve as a Planned Community Development Plan and regulations for the regional park. The applications requested would establish General Plan, LCP, zoning and use permit entitlement for the County's Upper Newport Bay Regional Park. The proposed General Development Plan and Resource Management Plan would serve as the planned community development plan and regulations governing the use and operation of the park property. Report from the Planning Department. Letter from Charles B. Caldwell, requesting that the City review street improvements and the traffic circulation element for University Drive (street termination). The Council was advised that communications were received after the agenda was printed from the following people who have concerns for the proposed development of Upper Newport Bay Regional Park: Frances Gioia Mary Auerback Annette and Warren Lindsay Rick Dayton Gayle Gardner For the record, the Mayor's office received additional letters and telephone messages for the file. The City Manager introduced John Douglas, Principal Planner, Advance Planning Division, to provide comments, who stated that he would like to summarize the proposed County project and explain the City's role, and go into • some of the details of the previous actions and recommendations of the Planning Commission. Mr. Douglas advised that the Upper Newport Bay Regional Park comprises approximately 138 acres in three parcels forming an arc around the northern portion of the bay. The County acquired Volume 47 - Page 137 779 93 -13' 348& COUNCIL MEMBERS • 0 CITY OF NEWPORT BEACH June 14, 1993 ownership of this property in several stages, the most recent of which was the 1989 dedication of 114 acres in the Westbay parcel by The Irvine Company. The Westbay parcel extends along the west side of the bay between Irvine Avenue and the Upper Newport Bay Ecological Reserve from Santiago Drive north to University Drive and the Santa Ana -Delhi Flood Control Channel. The Santa Ana Heights parcel is bounded by the Santa Ana -Delhi Channel, Jamboree Road, the Ecological Reserve, the Bayview project and the private development in Santa Ana Heights. The Eastbluff parcel runs between Back Bay Drive and the private property in Eastbluff from Eastbluff Drive south to the mouth of Big Canyon. The Back Bay Drive right -of -way is under the jurisdiction of the City and is not within the park. Mr. Douglas further advised that the Orange County Harbors, Beaches and Parks Department is requesting a General Plan Amendment, a Local Coastal Program Amendment, zone change and use permit, which would increase the maximum size of a visitors center on the Westbay parcel, from 8,000 sq.ft. to 10,000 sq.ft. Also delete the secondary bicycle trail through the Westbay parcel and establish a development plan and operational guidelines for the park. The rationale behind the County's plan is in recognition of the unique environmental resources that the Bay represents, and its wildlife resource value. The plan also recognizes that previous uncontrolled access has led to deterioration in that environmental resource value and wildlife habitat. The proposed plan attempts to balance environmental restoration and public recreation opportunities by controlled access and uses that are more restrictive than what the public has been subject to in the past. The City is a "Responsible Agency" under California Environmental Quality Act (CEQA), due to the fact that the majority of the park area is within the corporate boundaries of Newport Beach, but the existing proposal is not consistent with the General Plan and Local Coastal Program, therefore an amendment is proposed. The City also has ownership of a six acre parcel along Irvine Avenue and also a joint ownership of a five acre parcel near the intersection of 23rd Street and Irvine Avenue, and the City and County jointly have relocatable easements that cross the Westbay parcel. With respect to the City's jurisdiction over the County property, governmental agencies are generally immune from each others regulatory powers; however, the City's ownership of the parcels and easements on the Westbay parcel area do affect the Volume 47 - Page 138 MINUTES INDEX 92 -3(E; CITY OF NEWPORT BEACH COUNCIL MEMBERS S � June 14, 1993 ROLL CALL MINUTES INDEX City's legitimate interests regarding GPA 92 -3(E) regulations for the County park. In addition to the City's approval, the Orange County Board of Supervisors will be asked to approve the project and also • the Coastal Commission since the project is located in the Coastal Zone. If there are any aspects of the park that will affect the Upper Newport Bay Ecological Reserve, the Department of Fish and Game's approval will also be required. Mr. Douglas advised that before this project was submitted for formal review to the City, the County held a series of 13 workshops which extended over a 1 -1/2 year period, and many residents and staff attended those workshops. In November of 1992, the County presented the project to the City Parks, Beaches and Recreation Commission, who unanimously- ..recommended approval. In April/May 1993, the City Planning Commission held public hearings and at the conclusion, unanimously recommended approval of the County plan with six additional recommendations for consideration by the City Council: 1) Pedestrian trail access to the Ecological Reserve - The Upper Bay and the property surrounding the Bay is under the Department of Fish and Game jurisdiction, and there is a series of informal trails that now exist and extend into the Reserve from the County Park, and at the Planning Commission hearings, representatives from the Fish and Game explained that those are informal trails and it is Fish and Game's policy to not allow unescorted pedestrians into the Reserve. The Planning Commission recommends that the City Council ask -the County to coordinate with Fish and Game to explore the possibility of extending some trails into the Reserve, if it can be done in an environmentally sensitive manner; 2) Trail Pattern in the Westbav parcel - The proposed County Plan for the Westbay parcel includes two pedestrian trails, one adjacent to University Drive and Irvine Avenue, and the other near the blufftop. As proposed, there is no connection between these trails except at the park entrance on University Drive. All of the other existing paths and informal trails would be eliminated and revegetated under the current plan. The City and County are joint owners of relocatable pedestrian and bicycle trail easements on the Westbay parcel. The terms of the easements specify that they . may be relocated to area providing "reasonably comparable access." Two of these easements cross the property from east to west in the vicinity of Santa Isabel Avenue. The Planning Commission recommends that the County's plan be Volume 47 - Page 139 Iy yli Y� %Ia:b, kXX1 • r L.J • CITY OF NEWPORT BEACH \ \\ June 14, 1993 modified to include an east -west connection between the two proposed trails in order to create a loop pattern. In making this recommendation, the Commission believes that such a connection is necessary to provide the reasonably comparable access required under the terms of the existing easements. If the City Council concurs with the Planning Commission recommendation, staff has suggested a condition of approval; 3) Equestrian Trails - The original plan would not allow any horses within the Westbay parcel (south of University Drive, and southwest of the flood control channel); however as a result of testimony at the public hearings, the County and members of the equestrian representatives met and worked out a compromise that would allow equestrians to use the trail paralleling University Drive and Irvine Avenue to be shared by pedestrians and equestrians. The Planning Commission recommended approval of the plan with a proposed revision allowing equestrian access to the Westbay parcel; 4) Appropriateness of the Planned Community Zoning Designation - During the Planning Commission hearings some residents expressed their concern that the proposed Planned Community (PC) zoning designation could be interpreted to open the County property to additional development beyond what is currently proposed. Staff explained that the PC zoning designation is an administrative mechanism by which the detailed development plan and operational regulations can be specified and adopted. The uses and development within the PC zoning are controlled by the PC development plan, which is subject to approval by the City Council. Regarding the "Open Space" designation an alternative to the proposed PC designation was discussed at the Planning Commission hearing, and the Zoning Code provides for two categories of open space -- "active and passive." The "Open Space /Active" designation permits intensive recreational development such as ball fields, recreation centers, and marinas, and would not be appropriate for the low - intensity uses proposed in the Upper Newport Bay Regional Park. The "Open Space /Passive" designation would be considered appropriate for the park, although some of the proposed uses such as the Interpretive Center and parking lot are not permitted under the existing zoning code. Staff recommended that a decision on changing the regional park designation to "Open Space" be deferred until the section of the Zoning Code is updated through the Planning Volume 47 - Page 140 MINUTES 92' -3(E) COLNdCIL MEMBERS O \\\��Mk CITY OF NEWPORT BEACH MINUTES June 14, 1993 Department's zoning implementation work program. Both the Zoning Code revision and the redesignation of the park property would require new public notice and hearings by the Planning Commission • and City Council; 5) Back Bay Drive - Mitigation Measure No. 14 in the County's EIR would require that prior to grading or construction for the park, a plan for the ultimate use and configuration of Back Bay Drive shall be submitted for the review and approval of the Director, EMA /Transportation and the City of Newport Beach Traffic Engineer. In adding this mitigation measure to the Draft EIR, the County anticipated that the issue of Back Bay Drive would have been resolved by the time park plans were submitted to the City for approval. Since the Back Bay Drive issue remains open and the County has no jurisdiction over the roadway, County staff believes It would be inappropriate to require that park development be contingent upon resolution of this issue. The Planning Commission feels that it would be prudent to resolve Back Bay Drive before the park be developed, and therefore, they recommended that the mitigation measure remain as part of the project approval. Staff has suggested a compromise, if it is the City Council's desire to allow the development of the park to proceed prior to the Back Bay Drive resolution; 6) Park Policy reeardin¢ does - According to the existing plan, dogs would not be allowed in the Westbay parcel, although they would be permitted on a leash anywhere in the park. The Planning Commission recommended that dogs be allowed on leash anywhere in the park, even in the Westbay parcel. If the City Council believes that the Planning Commission's recommendation is correct, there is a suggested condition of approval in the staff report. Mr. Douglas introduced Robert Fisher, Director of the Orange County Harbors, Beaches and Parks Department, and acknowledged County staff Mary Murray, and those in the audience who worked on the plan. Following Council inquiry, Mr. Douglas advised that the Back Bay Drive road issue could be dropped entirely without holding up the construction of the park. Council Member Debay, regarding bicycle access, suggested that she would like to see bicycle speed control addressed (signing) and add the matter of pedestrian access to Mitigation Measure No. 14. Volume 47 - Page 141 INDEX 92 -3(E) COUNCIL MEMBERS , • CITY OF NEWPORT BEACH \ \\ June 14, 1993 Bob Fisher, Director of Orange County Harbors, Beaches and Parks Department, addressed the Council commenting that the County is pleased to be able to present a very fine plan for a very important piece of property located in the City of Newport Beach. The County has provided for a regional park and master plan for many, many years, and in coordination with the City, have identified the property as Open Space usage. The difference between the City's General Plan designation and the County's proposal for a regional park, is 2,000 sq.ft. for the Interpretive Center, the City's plan calls for 8,000 sq.ft., and the County's plan calls for 10,000 sq.ft. Most of the property was acquired from The Irvine Company in 1989, and it was a donation to the County to help implement the Master Plan of Regional Parks, and served some other purposes.. The Irvine Company had been pressured to give up some of that land for open space use, as part of the overall settlement of the Newport Center expansion. When The Irvine Company granted that property to the County, it had some of those factors in mind, imposing rather stringent restrictions on what the County could do with that property. It provided for a strictly passive, recreation use, one which is compatible and consistent with the adjoining ecological reserve. Mr. Fisher commented that people learned about the park plan rather late, but many people were invited to participate. The major sentiment is with the park plan now being presented. The County feels a responsibility to follow the terms of the dedication and be the environmental stewards of the property, and also as a park operator to control the uses in a way that the County can minimize and /or avoid impacting upon the ecological reserve. Mr. Fisher advised that the County has put together a plan which would emphasize natural resource restoration, protection and interpretation (an interpretive center with people stationed there who can help the public understand why this area is important and why there are restrictions). This will promote the public's desire to protect the property, a sense of ownership and a desire to keep it as it is. There will be trails for bicycles, pedestrians and equestrians, but not all in the same places, and they think this is important to provide some degree of separation and control over the trails. His assistant, Mary Murray, pointed out on the wall map those trails that are provided for bicycles (Jamboree, across the top of Back Bay, extending all the way over to the Santa Ana -Delhi Channel), and the County's plan is to extend that along University Drive, then parallel to Irvine Avenue. Bicycles are also allowed on trails on Back Bay Volume 47 - Page 142 SPA 92 -3(E; COUNCIL MEMBERS \10V VX ROLL CRLL \ • • C J CITY OF NEWPORT BEACH June 14, 1993 Drive, so that there is a complete surrounding of the Bay and the park with bicycle trails. Equestrian trail use is provided from Jamboree Road, along the top of the Upper Bay, with a connection to Santa Ana Heights, and down to the Delhi Channel. As a result of the Planning Commission hearings, and sentiment to have equestrian access to the Westbay, the County has agreed to an equestrian trail that generally parallels the bicycle trail, although extending only a part of the way down Irvine Avenue. Provision for pedestrian use would be a separate trail in one location in the Westbay which comes out from the Interpretive Center and the parking area, skirts the Upper Bay and extends where most of the interpretive opportunity would be provided for rangers to interact with visitors to the park. There is a connection also at Constellation Drive because the residents there felt that was important to them. Ms. Murray also pointed out two spur areas that take people somewhat closer to the Bay to have a closer look, and this is the only area where pedestrians would be free from conflict with other uses. Regarding the 10,000 sq. ft. Interpretive Center, at a cost $1.8 million, Mr. Fisher advised that the estimated cost for development of the entire park would be $6 million, which is a lot of money and the County feels that the center is worth the investment. The Center will accommodate the Fish and Came and County staff, with some room for visitors, the Friends of Upper Newport Bay and major exhibits so the public can understand why the total estuary is important to this area. They have already received a $1 million contribution, and have received other grants and are applying for further grants, but the rest of the park will be paid for by the Harbors, Beaches and Parks fund, a County -wide tax district, and is not separately assessed to the City of Newport Beach. A $2.00 charge will be made for parking for each car, and there is no separate charge for entrance fee. The park will be available for use throughout the day, up until sunset. If the people choose to access the park after that time this is allowed, as long as there are no complaints from residents or the City of illegal activity. Mr. Fisher stated that the County generally concurs with the City staff report and recommendations, they think they have satisfied all the major user groups, not to their total satisfaction, but generally in a balanced way, and think that this is a park that the City of Newport Beach will be very proud of. Volume 47 - Page 143 MINUTES INDEX 3PA 92 -3(E; COUNCIL MEMBERS ROLL CALL S • • • CITY OF NEWPORT BEACH \%\L June 14, 1993 Mr. Fisher pointed out an error that is contained in the report relative to dogs, which says that dogs on leash shall not be permitted in the Westbay parcel, if it isn't otherwise provided. He stated that dogs on leash would be provided for in the Westbay parcel, with access over the equestrian trail and the bicycle trail, just not on the pedestrian trail to keep a controlled interpretive experience without looking out for dogs. In response to Council inquiry, Mr. Fisher stated that the $6 million includes the balance of the construction of University Drive, and parking will be allowed along University Drive, unless the City decides that there will be no parking there. As far as the views, there will be low- profile fencing so as not to interfere with the views from the roads or residences across the way, low berming wood -type rail fence or a landscaped mound, just enough to delineate the park and encourage entrance at the appropriate locations. There will be no other building on the park, except for the Interpretive Center, and the audience was encouraged to inspect the schematic model provided by the County. In response to previous Council inquiry, the Public Works Director, in an attempt to clarify a question raised about the trail location parallel to Irvine Avenue, advised that it is entirely on the park side of Irvine Avenue. In answer to question regarding the dangerous curve from Santiago Avenue around the Bay, he stated that there are two or three major difficulties, 1) Five to six acres of additional right -of -way would be required; 2) There was no funding identified for the cost of this very significant project; and 3) Wetlands impact. The City did address a letter to the County requesting that they look at it. The City and the County jointly proposed the cooperative project to complete the construction of the improvements on the easterly side of Irvine Avenue, adjacent to the park, and to construct the parallel trail, but that did not relate to any potential realignment of Irvine Avenue. The following people addressed the Council with regards to the amount of money to be spent on development of the park, damage to the environment, and regulations imposed on the use and access of the park: Carla Brockman, 2700 Harbor View Drive Craig Bluell, 2282 Waterman Martin Graff, Costa Mesa Frances Gioia, 392 Sunrise, Cr, Costa Mesa Gayle Gardner, 315 Santa Isabel Avenue, Costa Mesa Volume 47 - Page 144 MINUTES INDEX GPA 92 -3(E COUNCIL MEMBERS , E, S N %1% VE Kim CITY OF NEWPORT BEACH June 14, 1993 Robert Gardner, 823 W. Balboa B1. Nancy Bird, 1923 Galatea Terrace Dolores Otting, 17 Hillsborough Jane Farwell, 2426 Santiago Dr. Tom Tierney, 2412 Mesa Drive, Santa Ana Heights Elizabeth Tierney, 2412 Mesa Dr., Santa Ana Heights Marilee Terrell, 1725 Port Charles Place Jim Evans, 20372 S.W. Cypress, Santa Ana Heights Jeff Farwell, 2426 Santiago Dr. The following people addressed the Council in support of development of the park: James Stamper, 1954 Vista Caudal Lane Koluvek, 610 Tustin Avenue Peter Bryant, 426 Vista Parada Frank Robinson, 1007 Nottingham Road Jim Cokes, 3438 Irvine Avenue The public hearing was closed at this time. At the request of Council, Mr. Fisher commented that the County acquired the property in 1989, and started the process of planning with people that were interested enough to come to the monthly meetings, consultants, planners, landscape architects, biologists, etc., by reviewing the property and trying to understand what is happening today, what people were using it, how, and what natural processes were going on. The biological consultants pointed out to the County, that while the property is undeveloped, open and enjoyable in its present state, that does not equal the term, natural. A lot of people today, think that if it is undeveloped that it is natural, but it isn't here. This area has gone through quite a transformation from its natural state, mostly from the negative, as it is deeply eroded in some places, scarred, the landscaping on the property today was introduced, and not natural. Biologists pointed out that there is a potential for restoring what was once the natural condition of the property, but it needs to be rested and controlled, or it will continue to deteriorate. The County wants to reproduce in some areas of the park, the natural condition that it once had, and to allow a nice recreational experience. The more people find out about what the area is like, the more they will want to protect the area, and the Interpretive Center allows the public, young and old, to get a better understanding, than just • coming and looking for themselves, because the nocturnal animal life cannot be seen during the daytime, and the birds that are there are only there at certain times of the year. Volume 47 - Page 145 MINUTES INDEX 92 -3(E) COUNCIL MEMBERS CRLL :7 • CITY OF NEWPORT BEACH 1\1 June 14, 1993 In answer to Council inquiry, Mr. Fisher advised that the park would be open from 7:00 a.m. to sunset, but that doesn't mean that there is a gate that closes to keep people out. But, he feels that the City would appreciate having some control at night, and the regulations are not as restrictive as they seem. The Public Works Director advised the Council that there is a proposed cooperative project between the City and the County to complete the improvements to the easterly side of Irvine Avenue, and to construct the parallel bicycle /pedestrian trail. The proposal is to share the cost of these improvements 50/50, with the additional proviso that if Regional Bike Trail funds are approved for that project, it would come off the top. Application has been made for those Regional Bike Trail funds. It is expected that the net cost that the City has provided for in the proposed 1993 -94 budget would be approximately $230,000. Ongoing maintenance costs for the Irvine Avenue Street improvements would be comparable to maintenance of any other street in the City. The bicycle /pedestrian trail within the park would become a part of the park facilities and would be operated and maintained by the County. Regarding Council inquiry conveying the property in return for mitigation on some other development offsite, Mr. Fischer stated that the County made no such agreement with The Irvine Company that this would compensate or mitigate for some particular project elsewhere. The Irvine Company has a standard policy that applies to all lands donated or dedicated for open space purposes, that they retain the right to undertake a mitigation project within the park at their expense to create the kind of landscaping project that is called for in a general development plan, and they may seek from some other governmental agency mitigation credits, such as the Department of Fish and Game, the Corps of Engineers, etc., but that is up to The Irvine Company to arrange. The City has no obligation to accept mitigation credits and the County doesn't either. Question was raised that if this project doesn't take place, what will happen to the money, wherein Mr. Fisher advised the Council that the $1 million is for this project, and we would have to return the money to the donor, the grants would have to return to the State and the Harbors, Beaches and Parks funds would be reallocated to some other park elsewhere in the County. Volume 47 - Page 146 MINUTES 92-3(E' CITY OF NEWPORT BEACH COUNCIL MEMBERS \` \� \%\J. June 14, 1993 ON rrn MINUTES I(Tmii3 Regarding the question about the loop GPA 92 -3(E) trail connection for pedestrians, Mr. Fisher stated that there could be a barrier to stop the bicycles and horses from using the trail connection, and that an access somewhere along Irvine Avenue could be made. However, the • reason that the County doesn't have a planned access point elsewhere on Irvine Avenue, is that they had a traffic consultant analyze the potential of injury to people crossing the street there, as it is a very busy street, and if access were made here it would encourage people to dash across the street, and take a shortcut to the park, leaving the County liable for creating a traffic nuisance and endangering people, and not good planning practice. In response to Council inquiry, the Public Works Director, advised that a larger part of the cost could potentially come from the SB 821 State Regional Bikeway Funds. In addition to that there is a remaining cost, that would not be funded by that, and that is the cost referred to in the foregoing. However, there is a possibility of offsetting a portion of the cost that is locally allocated to SB 821 Regional Bikeway Funds. Motion x Mayor Turner addressed the audience stating that not everyone will be • satisfied regardless of all the efforts that have been made, but they will have to compromise. To truly preserve the Back Bay, one would have to expose the public to a tremendous educational process, and one way is to have an Interpretive Center, and therefore, made the following motion: 1. Adopt Resolution No. 93 -42 making Res 93 -42 the required findings under CEQA for acceptance of Final EIR No. 525 prepared by the County of Orange as Lead Agency and approval of the project by the City of Newport Beach as a Responsible Agency; and 2. Adopt Resolution No. 93 -43 Res 93 -43 approving General Plan Amendment 92 -3(E); and 3. Adopt Resolution No. 93 -44 Res 93 -44 approving Local Coastal Program Land Use Plan Amendment No. 31; and 4. Adopt ordinance No. 93 -13 approving Zoning Amendment No. 779; and • 5. Sustain the action of the Planning Commission in approving Use Permit No. 3488 for the Upper Newport Bay Regional Park General Development Plan and Resource Management Plan; including approval of the follow- ing additional recommendations of the Planning Commission: Volume 47 - Page 147 CITY OF NEWPORT BEACH COUNCIL MEMBERS n o� CRLL S June 14, 1993 0 0 0 a. The following is added to Resolution No. 93 -43 [GPA 92- 3(E)]: BE IT FURTHER RESOLVED that the County of Orange is hereby requested to coordinate with the Department of Fish and Game to explore the possibility of extending designated trails from Upper Newport Bay Regional Park into the Ecological Reserve in order to provide additional recreational access where such trail extensions would not cause significant environmental damage. b. The following conditions of approval are added to Use Permit 3488: Prior to issuance of a grading or building permit for the Westbay portion of the park, the County of Orange shall prepare and record an easement acceptable to the City Attorney showing the relocation of the existing pedestrian and bicycle trail easements to the locations shown in the General Development Plan, with the addition of at least one east -west connection across the Westbay parcel so as to provide a loop trail system. A final copy of the GDP showing the revised trail network shall be provided to the Planning Director prior to issuance of a grading or building permit; Prior to issuance of a grading or building permit for the Westbay portion of the park, the County of Orange shall submit a revised General Development Plan and Resource Management Plan to the City Planning Director indicating that equestrian use is permitted on the unpaved trail paralleling University Drive and Irvine Avenue; Dogs on leash shall be permitted in the Westbay parcel. Prior to issuance of any grading or building permit for the Westbay parcel, a revised General Development Plan and Resource Management Plan shall be submitted to the Newport Beach Planning Director stating this policy; Volume 47 - Page 148 MINUTES INDEX GPA 92 -3(E. CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL s June 14, 1993 MINUTES INDEX 6. The City's participation in GPA 92 -3(E) the cooperative design and construction of improvements to Irvine Avenue subject the o receipt of SB 821 Funds, or • possible funding through another source. Motion x Council Member Hedges made a substitute motion to support alternative 6.5 as contained in the EIR which allows for the construction of the Interpretive Center and retains the existing pattern of unregulated access and uses as exist today, and recommend that the City leave it to the County to develop those trails and uses such that it will enhance the users of that area, rather than become a barrier to them. Ayes x Following discussion, the substitute Noes x x x x x x motion was voted on and FAILED. Ayes x x x x x The main motion was voted on, and Noes x x carried. 5. Public hearing regarding PRHLffiNARY Budget/ BUDGET FOR THE FISCAL YEAR 1993 -94, FY 1993 -94 pursuant to Section 1102 of the Newport (40) Beach City Charter; AND APPROPRIATIONS LIMIT FOR THE 1993 -94 FISCAL YEAR, 1993 -94 FY pursuant to Article %IIIB of the State Aprprtns Lu • Constitution and Government Code Section 7910. Reports from the City Manager and Finance Director regarding Budget Check List. The City Manager gave an overview of the Budget for Fiscal Year 1993 -94, reporting that the City's Gann limit, Article %IIIB of the California Constitution, has been calculated at $56.3 million, and taxes subject to the Gann limitation are $40.7 million, indicating that the City is sub- stantially below its appropriations limit. He advised that the Budget before the Council tonight is balanced and is based on several key factors. The City will lose $4 million in property taxes, through the State Budget process. The City expects a small modest improvement in revenues which it relies on because of both the national state and local economic low level activity that has taken place recently. In order to balance the budget which has significant reductions in state property taxes and very limited growth in revenues, the • City staff is presenting a budget which assumes that expenditures are $2.7 million lower than the amended 1992 -93 Budget, and reductions that are Volume 47 - Page 149 CITY OF NEWPORT BEACH COUNCIL MEMBERS IVAO�o *\\ June 14, 1993 MINUTES INDEX 1993 -94 primarily in the City's personnel costs and staffing levels because of some key things: salaries and Benefits equal 698 of the General Fund costs; over 908 of the Operations and Maintenance accounts are fixed run (controllable); and because the Capital Outlay Expenses have been substantially reduced over the last three years. The results of those reductions are the elimination of 47 full time positions, and 13 full time equivalent "hard cut" positions within the organisation, and most of this has been accomplished through attrition and early retirements, although it appears now that there will still be six involuntary layoffs. In addition to the $2.7 million expenditures that are lower than the 1992 -93 figures, the City's Expenditures this year, 1993 -94 are $8 million less than 1991 -92, so the $2.7 million reductions are on top of some already significant reductions. In the Budget document presented tonight, staff is adding expenses to the early retirement, generally $600,000 in costs. Two years from now, the City will not be incurring those expenses, and will be saving an additional estimated $850,000 in ongoing costs because of the elimination of positions through the early retirement program. The City Manager further advised that there are' 17 items that the Council • placed on the Budget Check List; four items that Council proposed to add to the budget in the sum of $139,000 and 13 items proposed for deletion, for a total of $1.177 million. The Council took the following straw votes (green light yes; red light no) and directed staff to prepare a resolution for the Council Meeting of June 28, 1993, formally adopting the Fiscal Year 1993 -94 Budget. Police Department Green x x x 1. Professional Video Tape Services Red x x x $12,000 (Hot included in the budget) Green x x x x x 2. CAD Computer Programming Services Red x $10,000 (Included in the budget) Green x x x x x 3. Computer Consultant Services Red x $10,000 (Included in the budget) Green x x x x x x 4. Patrol - Helicopter CFI Training Class - $1,600 • (Included in the budget) Volume 47 - Page 150 INDEX 1993 -94 COUNCIL MEMBERS CITY OF NEWPORT BEACH June 14, 1993 I IMP 1 11111 Green Red • x x x x x x Planning Devartment 1. Special Departmental Expense $10,000 (Included In the budget) Jim McAfee, Electrical Crew Chief, on behalf of the League, and as President of the Newport Beach Employees League, addressed the Council stating that labor management relations have been difficult during this fiscal year negotiation process, and that the employees' morals is lower than it has been because of the uncertainty of the Budget. In response to the foregoing, those City employees in the audience were advised that it is inappropriate for Council or staff to make any comments at this time, until the negotiation process is completed. General Services - Refuse Division Tom Hyans, 217 19th Street, Central Newport Beach Community Association, addressed the Council, stating that they also have asked for Saturday pickup as they are facing the same kinds of problems as West Newport. Dolores Otting, 17 Hillsborough, addressed the Council, stating that if only some areas of the City have to pay • for the purchase of 6,000 barrels for refuse, and for two automated pickup trucks, the City doesn't need to charge the people of West Newport for the extra pickup; the City is setting a double standard, and thinks that everyone should pay their share. Also, she asked where in the budget is the backup truck? Council Member Sansone stated that while he was at the Oasis Senior Center, the subject of the 60 or 90 gallon trash container came up, and the seniors were concerned of how they were going to be able to get the container from the back yard to the street. Council Member Debay stated that at a recent meeting of the West Newport Beach Community Association they discussed the summer trash situation, and she held up a picture of what the area looks like, stating that "a picture is worth a thousand words." She, asked if something could be worked out. The City Manager commented that another option is for those areas that need the extra pickup, there will be a charge. G x x x x x 1. Refuse Division - Saturday Refuse Pickup Newport Summer Only Re x (West - - salaries /overtime, dump fees & equipment) - $23,000 (Not included in the budget) Volume 47 - Page 151 INI]EX Budget/ FY 1993 -94 CITY OF NEWPORT BEACH COUNCIL MEMBERS \ AV *1\4 June June 14, 1993 0 Green Ix Ix Ix Ix Ix I Ix • i Utilities Department Jeff Staneart, Utilities Director, addressed the Council, stating that they are in a process of reconstructing office space as a part of the Groundwater Development Project and the three phases of the Utility Yard. He did check with the City's Central Warehouse to investigate whether or not there was furniture that they could use, but unfortunately those pieces of furniture that were left had already been reserved for other City offices. 1. Water Division - Office furniture & fixtures - $5,500 (Included in the budget) Parks. Beaches & Recreation Department The City Manager briefed the Council, stating that.the original listing of Cultural Arts Grants totaled $51,000, and through the budget review process $25,000 was cut from this specific amount. The Arts Commission further requested that if cuts must come from their budget, that they eliminate the Salute to the Arts Program ($15,000). Howard Herzog, Chairman of the City Arts Commission, addressed the Council stating that the Commission reviewed carefully the City Council policy and grants, and determinations were based on benefit to Newport Beach residents. This year requested grants totaled $110,000, and they are asking for funding in the amount of $51,800. Mr. Herzog added that he was appearing on behalf of all the grantees, and to present a statement of thanks from the Newport Harbor Art Museum. The Commission discussed the possibility of dropping the Annual Salute to the Arts Program and using any allocated funds for this program in the coming budget year to support the Cultural Grant activity. Karin Schnell, Associate Director of Education, Newport Harbor Art Museum, addressed the Council, stating that she was representing both the Newport Harbor Art Museum and the people that they serve, the schools and the families who participate in their programs. She added that the City Arts Commission has shown continual financial support. She also described the various activities available to the public. Michael Botwinick, 2107 Arbutus Street, Art Director, Newport Harbor Art Museum, addressed the Council on the issue of the hard choices that must be made in light of the economic situation, and stated that for a modest investment this community gets a great deal towards the quality of life. Volume 47 - Page 152 MINUTES INDEX 1993 -94 CITY OF NEWPORT BEACH COLNCIL MEMBERS s ROLL CRLL June 14, 1993 MINUTES INDEX Nary Artino, 926 E. Balboa Boulevard, Budget/ employee of the Newport Harbor Art FY 1993 -94 Museum, addressed the Council stating that the Art Museum is an extraordinary resource in terms of what it contributes • to the young and old on a national and international level. Green x x x x x 1. Arts 6 Cultural Grants - $40,000 Red x 025,000 + $15,000 to come from the Salute to the Arts Program) (Included in the Budget) Capital Improvement Projects The City Manager proposed that rather than allocate an additional $85,000 for the subject program, the City carry over the remaining $74,000 in the current fiscal year account. Upon Council.,,inquiry, the Public Works Director, stated that this would enable the program to be carried forward at that level; however, ideally this should be an annual program funded at about these levels on a continuing basis. The problem that the City has experienced is that it is unable to fund these infrastructure maintenance programs at the desired level and is an example that revenue shortages create. He commented on a similar situation about the Balboa Peninsula Alley Replacement program that also had to be deleted. In answer to Council inquiry, regarding whether the $240,000 - $250,000 that was transferred from Utilities for the Water and Sewer Injection is still available, and the Public Works Director answered in the affirmative. He stated that this will pay to do the underground work, and a portion of that will pay for the surface improvements in lieu of transpatching. The City Manager addressed the deletion of the alleys in the Balboa Peninsula from the check list; stating that there is a $70,000 balance in last year's account, and he suggested Council can consider both of these improvement items at the same time, and that this money be carried over for these programs. General Fund - Street Projects Green x x x x x x 1. Corona del Mar Alley Replacement Program - $85,000 (Included in the Budget) Green x x x x x x 2. Balboa Peninsula Alley Improvement Program - $70,000 • (Included in the Budget) General Fund - Miscellaneous The City Manager stated that the Balboa Island Fire Station project has been partially funded in the current fiscal year, with the remaining funding reflected in the Capital Improvement Project requests in the proposed 1993/94 Volume 47 - Page 153 CITY OF NEWPORT BEACH COUNCIL MMM S June 14, 1993 MINUTES INDEX 1993 -94 budget. Of the total amount budgeted this year, $500,000 comes from the General Fund; and the remaining $250,000 comes from the Building Excise Tax Fund, which is required to be spent on parks, libraries or fire stations only The City will realize approximately $350,000 in revenue from the sale of the existing fire station site, thus reducing the proposed 1993/94 General Fund outlay to $150,000. Green x x x x x x 1. Balboa Island Fire Station $500,000 + $250,000 from the Building Excise Tax Fund. (Included in the Budget) Jeff Staneart, Utilities Director, addressed the Council, advising that the Geographical Information System project was conceived in 1985 by members of the Council, the Utilities Committee, by staff with the former Data Processing Manager, Ted &ramp, and other key employees throughout the organization. Most of the City information and data were paper files kept separately and not orderly, and a goal of tha project was to eliminate duplication of documents, computerize the data and become more efficient, and to share information with each other so that the City could better serve the public. After an 18 month's study, the City staff looked at the • systems in the U.S., Europe, Australia, Canada, and began implementing programs in the 1987 -88 Fiscal Year, leasing hardware and software over a seven year period, which would expire next year. The largest portion of the budget now is $350,000 and the funding is allocated for leasing of hardware and software licenses that will go towards this multi- departmental project. Green x x x x x 2. Geographical Information System - Red x $350,000 (Included in the Budget) Tide and Submersed Lands The City Manager briefly commented that it was felt the Balboa Yacht Basin Building Painting, and Beach Fire Ring could be considered lower priority items. Green x x x x x x 1. Balboa Yacht Basin - Building Painting - $25,000 and 2. Beach Fire Ring Replacement $6,000 (Included in the Budget) Buildins Excise Tax Fund Green x x x x x x 1. Balboa Island Fire Station (Included in the Budget) Volume 47 - Page 154 MINUTES INDEX 1993 -94 CITY OF NEWPORT BEACH COUNCIL MEMBERS s \ June 14, 1993 CflLL MINUTES 1993 -94 Cellular Telephones Following discussion by Council, it was determined that the Marine Department would compromise, and share one cellular telephone. G x x x x x 1. Marine Department (1) - $275 Re x (included in the Budget) Green x x x x x 2. Water Department (3) - $2,250 Red x (Not included in the Budget) Green x x x x x 3. Wastewater Department (1) - $750 Red x (Not included in the Budget) In addition to the items placed on the Check List, there were six other areas and issues which were raised by the Council and are straw -voted as follows: Green x x x x x All Publications and Dues as shown in Red x the staff report. (Included in the Budget) Transportation Management Association Funding Green x x x x x Following Council discussion, it was Red x recommended that the $30,000 would come from AB2766 General Funds. (Included in the Budget) Balboa Parking Lots - (The Marine Department is in the process of • contacting three private parking lot companies with a request for a proposal for privatization of both the Balboa and Corona del Mar Parking Lots. It is anticipated that these proposals will be available for Council review in 60 -90 days.) Grease Trap Loan Program/Non- Resident Library Cards - (This is already in the Budget, and if no action is taken, it moves ahead, and the same with Non - Resident Library Cards) Green x x x x x x Off Shore Oil Consultant - $7,500 Council Member Hart commented that all California must look for a permanent moratorium on off shore oil drilling, and need the consultant to lobby on behalf of the coalition of coastal cities. (Included in the Budget) Bottled Water Green x x x x x (Not included in the Budget) Red x Richard Luehrs, President of the Newport Harbor Area Chamber of Commerce, addressed the Council representing the • Board of Directors, and stated that the Chamber supports the Budget for 1993 -94 as proposed by the staff, and thanked the Council and City Manager for giving them an opportunity, in the next few weeks, of going through this budget, line item by line item. He added that Volume 47 - Page 155 1993 -94 nro_Wrx o Xv XkX11N L CITY OF NEWPORT BEACH June 14, 1993 they support the business license tax increase which will raise an additional $1 million to cover some of the shortfalls discussed in tonight's public hearing. He admitted that in this • particular instance when tax increases are not very popular the Chamber will be on the receiving end of a great many more calls beginning July 1 when the business license tax increase becomes effective. He added that it was very gratifying that the City staff and the Chamber were able to provide both public and private leaders from the community to join in partnership in dealing with this very dramatic and large problem, and hoped that this partnership is carried on in the future, as the problem with funding is not going to go away. Also he stated that the closing of these budget deficits is something that the Chamber doesn't like to see put on the backs of business alone, and in the future will present some suggestions. Bob Lewis, 116 Marine Avenue, addressed the Council regarding the City's projections in revenues derived from the sales tax, stating that this has been overestimated by as much as 3 %, making a difference of $430,000. He also, commented that once the assessments for the secured property taxes come out in July, many appeals will be filed and approved, citing that The Irvine Company has already successfully challenged the assessment of many of its landholders. He took exception with Account 7210 in the budget for $33,600 for Council health and insurance, and added that the City is overstaffed and overpaid compared with the private sector and other Cities in Orange County. The City Manager advised that the City budget figures reflect total compensation for positions. When comparing salaries, health and retirement benefits with other agencies, and the City's retirement rate goes up, salaries go down; when retirement contributions go down, salaries go up. After Proposition 13, the City agreed, that for a two year period it pick up the employees' share of the retirement payments that normally the City pays (7$ Non - Safety and 9% for Safety) in lieu of salary adjustments for those two years. Now, recent statues at the Federal level have employees concerned about the tax consequences when retiring of having the employer pay those, and it is common for employees to begin paying their own last few years retirement contribution in exchange for a salary adjustment, and that is reflected in the budget salary figures. Mr. Lewis commented that this is very confusing to him, and the City Manager invited him to call him to discuss this further. Volume 47 - Page 156 MINUTES 1993 -94 �1��• V d':I!a' • Motion All Ayes 0 CITY OF NEWPORT BEACH June 14, 1993 Jeff Staneart, Utilities Director, addressed the Council, regarding the budget expenditure for bottled water, stating that although the City's water is not as flavorful or some times as pleasant as the users might like, it meets every Federal and State Water Quality Standard for chemical and bacterial content, and is safe. At this time, the public hearing was closed. Motion was made to adopt Resolution Mo. 93 -45 determining and establishing an Appropriations Limit for Fiscal Year 1993 -94. PUBLIC COMMENTS Mayor Turner stated that the City, Arb Campbell and Tony Villa have reached an agreement to settle all disputes and disagreements. The Council and staff believe the settlement agreement with Arb Campbell and Tony Villa is clearly in the City's best interests. There are many reasons why the settlement agreement is in the best interests of the City: o The City Manager will appoint a new Police Chief in a matter of weeks, and it is vitally important that the new chief not be saddled with the disputes and disagree- ments of the past, so as to regain an atmosphere where the Police Chief and his employees can focus on healing the department and providing top quality law enforcement services; o The City is expected to save hundreds of thousands of dollars In legal fees which they believe is best spent on law enforcement than lawyers. The conclusion of these issues will allow the Council and staff to focus on other matters which are vitally important to the community, rather than proceeding on a course of action that will divide and destruct the community; o A better understanding of the agreement's key positions are that Arb Campbell and Tony Villa waive their right to any hearing, and give the City a full release of all claims; the City will reinstate both, and approve their applications for industrial disability retirements, based upon long- standing medical conditions, which according to independent and creditable medical evidence, satisfies the criteria for medical retirement; the City agrees to pay any compensatory damage awarded in the Superior Court lawsuit filed by 10 current and former female Volume 47 - Page 157 MINUTES 1993 -94 93 -45 i • CITY OF NEWPORT BEACH COUNCIL MEMBERS 10191V O *\%\X June June 14, 1993 employees of the department. The City reserves its right to decide to pay any punitive damage awards if they are awarded. The City agrees to pay for a single attorney to represent both Campbell and Villa in the pending litigation, unless a conflict of interest is declared 60 days prior to trial. The City, Campbell and Villa have agreed to limit their public comments of the agreement, and the agreement specifically states that the City will proceed and investigate any evidence that Campbell or Villa have that suggests misconduct on the part of any City employee; o There has been a lot of publicity since the complainants first filed sexual harassment charges, and has proceeded to shape public perception of the events. The litigation filed by the 10 current and former employees of the Police Department is unaffected by this settlement agreement, and we expect the matter to proceed to trial. Council Member Sansone asked if the City had any choice in the matter of disability retirements, to which the City Manager responded that both he and the City Attorney independently reviewed the medical files for former Captain Villa and former Chief Campbell. It was their conclusion and the conclusion of the attorney representing the City in the Workers Compensation matters, that if those matters were to proceed to the Workers Compensation system, and if applications were made for disability retirement, those were denied, either the Civil Service Commission would approve them on appeal, or they would be approved in Superior Court. There is no disputing the medical disability of Campbell and Villa, as the files indicate that these two men could not return to duty, and even if the disciplinary matters went forward, and the City was sustained in each and every case, these two men would still be entitled to get a disability retirement, because their retirements are vested by the State Public Employees Retirement System. The City Manager advised that basically, the City has contributed for both of their retirements for a number of years, but for former Chief Campbell, there is no additional cost to the City (those monies are on deposit in the PERS system). If determination had been sustained, Villa could not apply for regular retirement until age 50, and then he would be entitled to the benefits regardless to the discipline. Volume 47 - Page 158 IDW1i*1 COUNCIL MEMBERS r �i • CITY OF NEWPORT BEACH June 14, 1993 The following persons addressed the Council, and asked that the City Manager provide them with the criteria the City used in making their decision, i.e., how will the purging of both Campbell's and Villa's files affect the pending lawsuits; why was the taxpayer- funded investigation never released to the public; why the 180 degree change in the City's position with reference to the firing and rehiring of former Chief Campbell; how can the City equate healing with giving financial awards to the alleged perpetrators; the tremendous impact that the City's decision will have on all women and tourism in the City: Mary Artino, 926 E. Balboa Boulevard Tami Bruce, President, Los Angeles NOW Lisa McClanahan, Bayview NOW Lisa Leatherman, 230 N. Newport Boulevard Tamara Mason, Bayview NOW Nelson Ferguson, 635 W. Baker Street, Costa Mesa Kimberly Wilson, Newport Beach Robert Gardner, 823 Balboa Boulevard Don Cannon, 391 Arcade Joanne Savage, Bayview NOW The City Manager, stated that this is a complicated issue, and in an attempt to answer the concerns and questions raised by the foregoing persons, offered the following: o Why strike a settlement? The overriding consideration was the impact this entire matter is having on the Police Department, to the men and women that serve in that department, as was stated publicly to start the healing process. The new Police Chief will be starting shortly, and it is his belief that-the new Chief could not possibly come in to make the changes necessary in this Police Department with the variety of issues that will be underway over the next year or longer. That it was likely that the Police Department would be suffering a great deal of turmoil. That between depositions and hearings, some 150 or more witnesses from within the Police Department, including men and women, would be tremendously impacted. The City Manager stated that he has lived with this issue and talked directly with many police department employees (men and women) since this started on August 24, 1992, and he, personally, has seen the impact that this has had on performance, lives, and marriages. Volume 47 - Page 159 MINUTES INDEX. CITY OF NEWPORT BEACH {, COUNCIL MEMBERS MINUTES SSA \%\A June 14, 1993 ,OLL CRLL o The City faced a Civil Service Board hearing to sustain the action that the City took on March 8 with former Captain Villa. If that appeal were upheld through the Superior Court, and faced a Civil Service Board or other body having a hearing for former Chief Campbell, and if there were no actions taken regarding that hearing, it was likely Campbell would have appealed that to the Superior Court on a wrongful termination action. The City was facing a Civil Rights lawsuit filed by both these individuals, and starting some time ago, Workers Compensation processes through the Court, which ultimately would result in a Workers Compensation Appeal Board. The City was facing Disability Retirement applications by both employees. The Council's resolution delegates to the City Manager the responsibility to make this decision, and if denied, it is appealed to the Civil Service Board, and in turn to the Superior Court. Those hearings undoubtedly are going to go on for a year or more, and without doubt cost the City $500,000 and if the City focused on trying to start the healing this is a major concern. • o Not only are there impacts on the Police Department Employees, but there is impact on those City employees and members of the City Council who will be involved in this process. The City has probably spent 50% of the employees' time since last year on this issue, and it is physically impossible to produce documents and complete priorities to carry on the day to day City govern- mental process. o Campbell and Villa are members of the Public Employees Retirement System. Once an employee gets five years of service, he or she is vested in the PERS system for service retirement, ordinary disability retirement, or industrial disability retirement. Arb Campbell is over 50 years old, and eligible to retire even if the termination was implemented, and even if it was upheld, he would still have the ability to retire- - these vested rights are paid for by the PERS system, and cannot be • taken away by any action of the court. Villa who is 48 years of age would, if the termination had been sustained, wait to age 50 to retire from the PERS. Under Volume 47 - Page 160 COUNCIL MEMBERS CALL 0 0 • IN CITY OF NEWPORT BEACH June 14, 1993 disability retirement he receives those benefits now. Having read the medical files on both, and having reviewed the Workers Compensation files, the City made the decision based on disability retirements for a good period of time, and felt that it was indisputable that these two were going to win in the end, regardless of what was done on all of these hearings a year or year and a half from now, even if they were convicted of rape, because after reading the doctor's statements, the two were also eligible for what's termed under Labor Code Section 48850 "Vested... Permits Public Safety Employees to receive up to one year full pay and benefits to recover from their injuries.." In both cases for these former employees their date of injury goes back to early last fall - -and they would be entitled to, once the doctor's report stated that the job caused their problem (takes only 10% causation to trigger employer funded employee liability) also be entitled to "back pay" and benefits for a year. The two women mentioned, Mary and Holly (Police Department employees) have received in addition to short term disability, Workers Compensation benefits, etc. The City Manager stated that on both sides, (Campbell and Villa, and the women) there is sill this desire to extract "a pound of flesh" regardless of facts. It will do this City and the Police Department great harm - -it is time to move on and we are not sweeping this under the rug. o The City Manager stated that he is pleased the Civil trial of the women is going forward, and that all of the information comes out in that forum, and that the City must conduct sexual harassment classes. o Why is the investigation private- - the newspapers, Villa, Campbell, and the women would like it to be made public, but the City was doing a confidential investigation of allegations of sexual harassment. It is the City's contention that this is a personal investigation, privileged information and if this information leaked out, the people who came forward, provided Information not just related to these charges but a lot of information that would harm their Volume 47 - Page 161 MINUTES [d81111L MVWIIVW):!% 9 I I OEM %I N 0% 0 *yes n • X CITY OF NEWPORT BEACH MINUTES June 14, 1993 reputation, and their relationships. It was felt that there was no useful purpose in providing that information on the front page of the paper or. to anyone that can harm these individuals. If the City is ordered by the Court to produce this information, then they will do it. o The City Manager stated that the files of both Campbell and Villa will be removed from the Police Department and maintained in the City Attorney's office. Discover - ability of the information in these files cannot be affected by the Court case, and the decisions will be made by the Orange County Court. The City Attorney commented. on the ongoing criticism of the women in the audience, stating that they are quarreling with how the City accomplished a primary objective, and that is what the women wanted - -to make sure that Arb Campbell and Tony Villa did not return to active duty. CONSENT CALENDAR The following items were approved except for those items removed: Pass to 2nd reading on June 28, 1993: 6. Proposed ORDINANCE NO. 93 -14, being, Ord 93 -14 Offenses/ AN ORDINANCE OF THE CITY COUNCIL Nuisances OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.59 TO THE Graffiti NEWPORT BEACH MUNICIPAL CODE (70) REGARDING GRAFFITI. [Report from City's Contract Attorney] CONTRACTS /AGREEKENTS 7. Removed from the Consent Calendar. 8. Approve Agreement for MEMORANDUM OF NBOLA /MOU UNDERSTANDING with the NEWPORT BEACH C -2058 OCEAN LIFEGUARDS ASSOCIATION ( NBOIA) (38) CONTRACT NO. 2058. [Memorandum from the City's Negotiating Team] 9. Approve amended CALTRANS Agreement - WC Hwy/ WIDENING OF WEST COAST HIGHWAY BETWEEN Highland NEWPORT BOULEVARD AND HIGHLAND STREET Wdng CONTRACT NO. 2591. [Report from the C- 2591(38) Public Works Department] 10. Authorize the City Manager to execute a PCH Medn reimbursement Agreement with the Corona Is Impr/ del Mar Chamber of Commerce for PACIFIC Marguerite COAST HIGHWAY MEDIAN ISLAND IMPROVEMENTS C- 2924(A) AT MARGUERITE AVENUE. [Report from the Public Works Department] (38) Volume 47 - Page 162 ROLL CRLL • • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �o f June 14, 1993 INDEX 11. Approve Administration Agreement with CalTrans/ CALTRANS (CONTRACT No. 2825) for MacA B1/ MACARTHOR BOULEVARD WIDENING, COAST Cst Hwy - HIGHWAY TO FORD ROAD. [Report from Ford the Public Works Department] C- 2825(38) 12. Approve award of CONTRACT FOR AUDIT KPMG /Peat SERVICES FOR THE CITY OF NEWPORT BEACH Marwick TO KPNG PRAT MARWICK to audit the City's Auditing financial statement for the Fiscal Years Serv'93 -95 ending June 30, 1993, 1994, and 1995. [Report from the Finance Director] C- 2949(38) 13. PERSONNEL VACANCIES - For approval: (Memorandum from the Personnel Department) One License Inspector, Revenue Division, Finance Department. One Sr. Equipment Operator, General Services Department. One Administrative Analyst, Police Department. 14. CLAIMS - For Denial by the City Manager: (36) Nancy Bandley for property damage, Bandley alleging rock damaged windshield of her vehicle on May 20, 1993 from construction work on Jamboree Road south of Bristol. Andreas Barre for personal injuries, Barre alleging he was run over by City vehicle on March 4, 1993, while lying on the beach at 38th Street south of Seashore Drive. Tammie Fraser for property damage, Fraser alleging her VW camper was hit by City vehicle on June 3, 1993 on Newport Island (39th Street). The Gas Company for property damage, The Gas Cc alleging City Water Department crew, damaged gas main with a backhoe on January 8, 1993, at #3 Point Sur Drive. Naomi Hoff for indemnity from claim Hoff filed by Ursula Kennedy regarding personal injury sustained on April 14, 1992 on sidewalk near Via Trieste and Via Undine. Susan K. Iannitti for personal injuries Iannitti as a result of a trip and fall on sidewalk area adjacent to 615 Goldenrod on February 2, 1993. Abigail Joy for reimbursement of cost of Joy repair of tire on May 13, 1993, alleging large piece of cement on street next to curb at 604 Avocado Avenue caused tire to blow out. Henry LePante for damage to tire, as a LePante result of spikes penetrating tire when leaving Corona del Mar Parking Lot on April 15, 1993. Volume 47 - Page 163 COUNCIL MEMBERS k XL L L XLNXN L CITY OF NEWPORT BEACH June 14, 1993 MINUTES Volume 47 - Page 164 le tkay eiser Ex, Gerrie Hruska -Lew for personal property reimbursement, alleging City jeep ran over personal belongings on May 2, 1993 at Lifeguard Tower No. 5 - Corona del Mar. • Matthew S. Murphy alleging personal injuries as a result of being hit with surfboard by person taking class through the Parks, Beaches and Recreation Department on April 10, 1993, on beach in front of Dory Fleet near Blackies Bar. Yasutaka A.R. Nakamoto for damages, alleging City Police confiscated belongs on April 29, 1993 and will not return them. Judy Parker alleging personal injuries as a result of trip and fall in pool of water near John Wayne Airport terminal and .parking structure on December 7, 1992. Emory Scott Rains alleging personal injuries as a result of physical abuse by City Police on September 25, 1992 at 500 E. Ocean Front. Kay Siple for damage to front bumper by City truck on May 4, 1993 at 40th Street. Susan Witkay for property damage, • alleging City vehicle backed into her parked car at Lake Street on April 14, 1993. Pat C. Yeiser alleging road crew left object in road which hit the front of her windshield on May 7, 1993 on Jamboree Road between Bristol and East Bluff; seeking reimbursement. 15. PUBLIC HEARING SCHEDULING - June 28, 1993. RAINBOW CRESS TAYT - Application for Certificate of Public Convenience and Necessity. [Memorandum from Revenue Manager, Finance Department] 16. LAYOFF POLICIES - For Council information and approval, report from the Personnel Director adopting layoff policies negotiated between the City's Negotiations Team and authorized employee association representatives. 17. EQUIPMENT DISPOSAL - For Council information and approval, Memorandum from the General Services Director regarding sale of a 1978 Ford Tractor, a 1968 Allis Chalmers beach cleaner, and a 1966 Allis Chalmers beach cleaner, to the City of Ensenada, Mexico. Volume 47 - Page 164 le tkay eiser Ex, COUNCIL MEMBERS CITY OF NEWPORT BEACH June 14, 1993 18. RESUBDIVISION NO. 964 - Approve the improvement plans and specifications and accept the underground utility improvements constructed in conjunction with Resubdivision No. 964, located at 2116 Newport Boulevard, in the southeasterly corner of Newport Boulevard and 22nd Street in the Cannery Village/McFadden Square Specific Plan Area; and authorize the City Clerk to release the Faithful Performance Surety (cash deposit in the amount of $8,000.00 deposited into Account No. 010 -2202 on May 12, 1992). [Report from the Public Works Department] 19. RESUBDIVISION N0. 957 - Accept the offer of dedication of a five (5) foot corner cutoff at the intersection of the two alleys at the southwesterly corner of the parcel, located at 208 -210 Carnation Avenue, on the southeasterly side of Carnation Avenue between Seaview Avenue and Ocean Boulevard, in Corona del Mar. [Report from the Public Works Department] 20. OCEAN FRONT STREET END CONSTRUCTION PROGRAM; PROSPECT STREET SIDEWALK CONSTRUCTION; AND 62ND STREET IMPROVEMENTS (C -2929) - Approve the plans and specifications; authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. July 1, 1993; and affirm the Notice of Exemptions for the Ocean Front Street End Construction Program, Prospect Street and 62nd Street. [Report from the Public Works Department] 21. APPLICATION OF TISHA AND JACK CHOUMAS TO BEHOVE A 3 F WIDE SECTION OF 12 • WIDE SIDEWALK ALONG PIAZZA LIDO ADJACENT TO 401 PIAZZA LIDO, LIDO ISLE (EP 93 -140) - Approve the subject application. [Report from Public Works Department] 22. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF RETAINING WALL IMPROVEMENTS IN THE WESTMINSTER AVENUE RIGHT -OF -WAY ADJACENT TO 432 WESTMINSTER AVENUE - Approve an Encroachment Agreement permitting the construction and maintenance of a retaining wall or other device to prevent undermining of an existing masonry property line wall located at 432 Westminster Avenue along the Westminster Avenue frontage; authorize the Mayor and the City Clerk to execute the agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. [Report from the Public Works Department] 23. BALBOA ISLAND FIRE STATION NO. 4 (C -2862) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on July 14, 1993. [Report from the Public Works Department] Volume 47 - Page 165 MINUTES INDEX T 84) ub 964 957 St End tr /62nd Imp 38) 65) t/ t/432 oa Is Sta 4 62 CITY OF NEWPORT BEACH ROLL CALL S' June 14, 1993 MINUTES TNrFY 24. SPECIAL EVENTS APPLICATIONS - Approve Special the following applications, subject to Events conditions in the staff report from the (27) Revenue Manager, Finance Department: Application No. 93 -127, for United Apl 93 -127 • Cerebral Palsy Association of Orange County; July 11, 1993 from 8:00 a.m. Application No. 93 -158, for Big Apl 93 -158 Canyon Country Club Annual Fourth of July Fireworks Display, from 8:45 p.m. (amplified patriotic music from 6:00 p.m. to 8:45 P.M.). Application No. 93 -207, for Apl 93 -207 Newport Dunes Resort for 35th Annual Fourth of July Fireworks Display from 9:00 p.m. to 9:30 p.m. 25. BUDGET AMENDMENTS - For approval: L -034, $11,800 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for improvement to the Mariners and Las Arenas Tennis Courts, Parks, Beaches & Recreation Self Supporting Fund. BA -035, $1,603.32 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for the purchase of a laser printer; Parks, Beaches and Recreation Capital Outlay Fund. BA -036, $2,235 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for special refuse collection for the residents of Balboa Island; General Services- Refuse Collection Fund. [Memorandum from GS General Services Director] (44) BA -037, $6,600 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for additional median island landscaping on Pacific Coast Highway in Corona del Mar (which will be reimbursed by the Corona del Mar Chamber of Commerce within six months); General Fund- Public Works Capital Project Fund. [Refer to report w /agenda item 10] BA -038, $8,000 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for Library Improvement Capital Projects that was available at the end of Fiscal Year 91/93 that was not properly carried over /encumbered; Building Excise Tax ibrar y Fund- Library Improvements. [Memorandum (50) • from City Librarian] Volume 47 - Page 166 CITY OF NEWPORT BEACH COLNCIL MEMBERS iP June 14, 1993 CALL \ 1 \\_4 L_J Motion Ayes Excused • Motion All Ayes • x I x I x I x I x I I x x BA -039, $8,000 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for replacement of outdated, loaned computers which are being used by the City Clerk's office (recommended by the Data Processing Division to meet the basic minimum standards established by the Management Information System Committee); City Clerk's Office- Office Equipment Capital Outlay Fund. For the record, Council Member Badges was excused from the meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. MINUTES W1,11131 7. Notion was made that the Agreement for N13YA /M MEMORANDUM OF UNDERSTANDING WITH THE C -2060 NEWPORT BEACH FIREFIGHTERS ASSOCIATION (38) (MBFA) CONTRACT NO. 2060 is to be brought back with amended language and scheduled for considered for approval at the June 28 Council meeting. Allan Beek, 2007 Highland, stated that he was waiting to address the Council under Non - agenda items, and read a prepared paper on views of the demands of the public, uncontrolled growth, and the pending endorsement of the San Joaquin Hills Tollway, adding that the world needs to solve its balanced payments problem. 26. Recycled report dated May 24, 1993 from City Attorney concerning ARB CAMPBELL'S REQUEST FOR HEARING. (No discussion, item removed. 27. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (FOR APPOINTMENT ON JUNE 28, 1993). Motion was made to Confirm the following nominations for appointment on June 28, 1993: BOARD OF LIBRARY TRUSTEES Ben Jackson and George Jeffries CITY ARTS COMMISSION Mathew Ross and Roya Fouladi Cathy Anderson and Hike Rucheck Pat Brubaker and Vincent Le Pore, III PARRS. BEACHES AND RECREATION COMMISSION Pete Compton and Ray Zartler Gale Demmer and Cherie Hart Volume 47 - Page 167 City Attorney (31) 0 • • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES OV, V\A`11\1 Jame 14, 1993 Norma Glover and Ken Kvammen Thomas Edwards and Ralph Furra Meeting adjourned at 12:50 a.m. The agenda for this meeting was posted on June 10, 1993 at 8:45 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: C � _ Volume 47 - Page 168 INDEX