HomeMy WebLinkAbout07/10/1989 - Regular MeetingCITY OF NEWPORT BEACH
S> Cp REGULAR COUNCIL MEETING
f 9� PLACE: Council Chambers
TIME:. 7:30 P.M.
l�,D tP DATE: July 10, 1989
Present Ix I x I x I x I x I x I x I
Sion
All Ayes
Motion
Ayes
Abstain
Motion
All Ayes
on
Ayes
x
A. ROLL CALL.
B. Reading of Minutes of Special Council
Meeting of June 21, and Regular Meeting
of June 26, 1989, was waived.
Motion was made to approve Minutes of
Special Meeting of June 21, 1989, and
order filed.
Motion was made to approve Minutes of
Regular Meeting of June 26, 1989, and
order filed.
C. Reading of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
None.
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 -70 authorizing
the submittal of an application to
the State of California Department
of Transportation (Caltrans) for
the CONSTRUCTION OF STREET
IMPROVEMENTS TO IRVINE AVENUE AND
22ND STREET in Newport Beach; and
also authorizing the City Manager
or his designee to make the
application and act as a City
contact person. (Report from
Public Works Department)
Volume 43 - Page 271
MINUTES
Irvine Ave/
22nd St —
Imprvms/
CALTRANS
Res 89 -70
(74)
X
x
x
x
x
x
x
x
x
x
A. ROLL CALL.
B. Reading of Minutes of Special Council
Meeting of June 21, and Regular Meeting
of June 26, 1989, was waived.
Motion was made to approve Minutes of
Special Meeting of June 21, 1989, and
order filed.
Motion was made to approve Minutes of
Regular Meeting of June 26, 1989, and
order filed.
C. Reading of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
None.
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 -70 authorizing
the submittal of an application to
the State of California Department
of Transportation (Caltrans) for
the CONSTRUCTION OF STREET
IMPROVEMENTS TO IRVINE AVENUE AND
22ND STREET in Newport Beach; and
also authorizing the City Manager
or his designee to make the
application and act as a City
contact person. (Report from
Public Works Department)
Volume 43 - Page 271
MINUTES
Irvine Ave/
22nd St —
Imprvms/
CALTRANS
Res 89 -70
(74)
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CITY OF NEWPORT BEACH
MINUTES
®¢ 9A
i G �►
Mse dip July 10, 1989
(b) Resolution No. 89 -71 authorizing
the submittal of an application to
the State of California Department
of Transportation (Caltrans) for
the resurfacing of Irvine Avenue
from 15th Street to 22nd Street;
and also authorizing the City
Manager or his designee to make the
application and act as a City
contact person. (Refer to report
w /agenda item F -2(a))
(c) Removed from the Consent Calendar.
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
(f) Removed from the Consent Calendar.
(g) Resolution No. 89 -76 of INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN P.E.R.S. AND THE CITY
COUNCIL of the City of Newport
Beach. (Memorandum from Personnel
Director)
Irvine Ave /
15th -22nd
Imprvms/
CALTRANS
Res 89 -71
(74)
Personnel/
P.E.R.S.
Amnd'89 -90
Res 89 -76
(66)
(h) Resolution No. 89 -77 establishing Personnel/
the SALARIES OF THE CITY MANAGER, C /Mgr /Atty/
CITY ATTORNEY AND CITY CLERK for CClerk
the 1989 -1990 fiscal year and '89 -90
amending the classification and Salaries
compensation plan to reflect said Res 89 -77
changes. (66)
3. CONTRACTS /AGREEMENTS:
(a)
Approve TENTATIVE AGREEMENT WITH
NB Empl Lg/
.NEWPORT BEACH EMPLOYEES LEAGUE
NBEL'89 -90
(LABEL) CONTRACT 2065 FOR FISCAL
C -2065
YEAR 1989 -90. (Memorandum from
(38)
City's Negotiating Team)
(b)
Approve TENTATIVE AGREEMENT WITH
NB Empl Asn
NEWPORT BEACH EMPLOYEES ASSOCIATION
NBEA'89 -90
(NBEA) CONTRACT 2059 FOR FISCAL
C -2059
YEAR 1989 -90. (Memorandum from
(38)
City`s Negotiating Team)
(c)
Approve AGREEMENT REGARDING
Marinapark
TRANSFER OF MARINAPARK MOBILEHOME
MHm Sp9 -D
SPACE 9 -D to Fred and Cleo Hein;
C -2757
and authorize the Mayor and City
(38)
Clerk to execute said agreement.
(d) Approve CONTRACT FOR MAINTENANCE Libr
SERVICE WITH ED BUILDING Main
MAINTENANCE FOR LIBRARY DEPARTMENT; C -27
and authorize the Mayor and City (38)
Clerk to execute said contract.
(Report from City Librarian)
Volume 43 - Page 272
CITY OF NEWPORT BEACH
MINUTES
July 10, 1989
4.
0
(e) Approve AMENDED COOPERATIVE
AGREEMENT FOR DESIGN OF PACIFIC
COAST HIGHWAY WIDENING PROJECT
BETWEEN NEWPORT BOULEVARD AND
HIGHLAND STREET (CONTRACT 2591);
and authorize the Mayor and City
Clerk to execute said amendment.
(Report from Public Works
Department)
COMMUNICATIONS - For referral as
indicated:
(a) To Building Director for
implementation, South Coast Air
Quality Management District letter
requesting COMPLIANCE WITH CERTAIN
REQUIREMENTS OF ASSEMBLY BILL 3205
(WATERS BILL) concerning the Health
and Safety Code.
(b) To City Manager for reply, letters
from Linda Allen, Pauline Mafait
and Debi Forsythe, concerning
PROPOSED SALE OF 4210 RIVER AVENUE
PROPERTY.
PCH Wdng/
btw Npt B1/
Highind
C -2591
(38)
Building
(26)
Property/
4210 River
(73)
(c) To General Services for reply, GS /Npt Pier
letter from Keith Wroblewski (44)
complaining about the litter left
on NEWPORT PIER and the unsanitary
conditions left by those people
that fish at the end of the pier.
(d) To Police Chief for response,
letter from Central Newport Beach
Community Association regarding
WEEKEND "CRUISING" ON BALBOA
PENINSULA.
PD /Cruising
(70)
(e) To Public Works for response, PW /Npt Pier
letter from Central Newport Beach Rstrm
Community Association emphasizing (74)
opposition to moving the PUBLIC
RESTROOMS from the west side to the
east side of NEWPORT PIER.
(f) To City Manager for response,
C /Mgr
letter from Gayle Vandermast
Buffalo
Vierling emphasizing the public's
Ranch Prsv
interest in preserving the BUFFALO
(34)
RANCH BUILDINGS at their present
location within the jurisdiction of
the City of Irvine, and requesting
further support from the City.
Volume 43 - Page 273
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CITY OF NEWPORT BEACH
MINUTES
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(g) To General Services for reply,
letter from Mr, and Mrs. Tom
O'Brien complaining about the
PORTABLE "OUTHOUSES" placed at the
corner of Park and Marine Avenues
to accommodate the businesses and
merchants on Balboa Island.
(h) To City Librarian for inclusion in
the records, petition with
signatures in support of the new
central library from Chairman, Jean
Kiger and letters in support from
Dorothea Sheely, Patricia and
Robert Harrigan and Mary Moyer.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Removed from the Consent Calendar.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of-the City Clerk's
referral to the claims adjuster;
(a) Application for Leave to Present
Late Claim of American Fire 8
Casualty Insurance Company for
Martin Welsh, insured, alleging
City employee rear -ended their
insured's vehicle on June 27, 1988,
south of Backbay on Jamboree,
causing chain reaction, claiming
damages.
(b) Victor H. Barton alleging Harbor
Municipal Court dismissed his false
arrest charges, possibly City
computer error; seeking general
damages against the City for arrest
on June 22, 1989.
(c) Gregg Chernik for reimbursement of
jacket that was sprayed with
hydraulic fluid on June 19, 1989,
at Theatre Arts Center Parking Lot,
from engine's defective coupling
from City vehicle.
(d) Nancy Lynn Kerner for personal
injuries and property damage as
result of being rear -ended by City
employee on June 15, 1989 at
Brookhurst and Yorktown southbound.
Volume 43 - Page 274
GS /Balboa
Is
(44)
Library
(50)
(36)
American
Fire &
Casualty/
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CITY OF NEWPORT BEACH
4c
C 9s y99 0 9N
July 10, 1989
(e) Newport Crest Homeowners
Association alleging damage to
streets by City Refuse Truck
releasing large amounts of
hydraulic fluid on Columbia and
Ticonderoga Streets on June 5,
1989.
(f) Debra J. Norris alleging damage to
vehicle by City automobile on Park
and Amethyst on March 14, 1989.
(g) Phillip Quarre alleging refuse
truck struck down steel pipe
protection post at corner of
claimant's garage in 12th Street
alley on June 12, 1989.
(h) Scott M. Smathers for damages,
alleging false arrest, mental
distress, assault and battery,
false imprisonment, etc., on
March 23, 1989.
For rejection:
MINUTES
Npt Crest
H/0 Asn
Norris
Quarre
Smathers
(i) Late claim of Brandi Oresko Oresko
alleging damages and personal
injuries as result of accident at
Emerald and South Bayfront Alley on
August 6, 1988.
7. SUMMONS AND COMPLAINTS - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Sharon and Lois Wolf for damages, Wolf
Orange County Superior Court, Case
No. 550231. Claim was denied by
City Council on September 28, 1987.
8. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City
Manager)
(a) One Assistant Code Enforcement
Officer, Planning Department.
(b) One Assistant Planner, Planning
Department.
(c) One Programmer, Finance Department.
(d) One Account Clerk, Finance
Department.
Volume 43 - Page 275
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CITY OF NEWPORT BEACH
4r
i 9i p�
y9' 9�
Go A July 10, 1989
9. STAFF AND COMMISSION REPORTS -
For Council information and filing:
(a) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON JUNE 22,
1989.
10. PUBLIC HEARING SCHEDULING - July 24,
1989:
(a) GENERAL PLAN AMENDMENT NO. 88 -2(C)
- A request initiated by the City
of Newport Beach, to revise the
HOUSING ELEMENT OF THE NEWPORT
BEACH GENERAL PLAN as required by
State Law. (Report from Planning
Department)
11. Removed from the Consent Calendar.
MINUTES
Planning
(68)
GPA 88 -2(C)
(45)
12. 1989 -90 STREET AND ALLEY RECONSTRUCTION 189 -90 St/
AND RESURFACING PROGRAM (CONTRACT NO. Alley Rcstr
2751) — Approve the plans and C -2751)
specifications; and authorize the City (38)
Clerk to advertise for bids to be opened
at 11:00 a.m, on August 3, 1989.
(Report from Public Works Department)
13. RESUBDIVISION NO. 750 - Approve the Resub 750
improvement plans and specifications and (84)
accept the public improvements
constructed in conjunction with
Resubdivision No. 750 (2305 Pacific
Drive); and authorize the City Clerk to
release the Faithful Performance Surety
(Certificate of Deposit No. 58116).
(Report from Public Works Department)
14. BUDGET AMENDMENTS - For approval:
None.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Memorandum from Personnel Director ersonnel/
advising the City Council of the CITY'S nul Schlr-
SCHOLARSHIP PROGRAM AWARD. shp Awrd
1(66)
Mayor Pro Tem Plummer announced that
this year's recipient of the scholarship
fund was Erin Dunigan, daughter of
Field Engineer Pat Dunigan, Jr., from
the Public Works Department. She noted
that Erin had attained a GPA of 4.2
during her academic studies at Newport
Harbor High School, and has been
accepted to the University of California
Volume 43 - Page 276
*on
All Ayes
CITY OF NEWPORT BEACH
MINUTES
0
O
M0 �� N July 10, 1989 .
at Berkeley. Mayor Pro Tem Plummer also
commended Mayor Strauss and his wife,
Dorothy, for their generosity in
establishing the annual scholarship
fund.
Motion was made to refer the subject
memorandum to the City Clerk for
inclusion in the records.
Report from Planning Department
concerning PROPOSED GENERAL PLAN
AMENDMENT NO. 89 -2 - Sustain the
recommendation of the Planning
Commission and initiate amendments to
the General Plan and the Local Coastal
Program Land Use Plan as follows:
A. SANTA ANA HEIGHTS LAND USE - A
proposal by staff to redesignate
properties northwesterly of the
adopted alignment for Birch
Street /Mesa Drive from
Single- Family Detached to
Administrative, Professional and
Financial Commercial and establish
floor area limits consistent with
the business park uses in the Santa
Ana Heights Specific Plan.
(Recommended to initiate - All
Ayes)
BALBOA PENINSULA ZONING STUDY - A
proposal by staff to initiate a
Balboa Peninsula Zoning Density
Study which would involve
amendments to the Land Use Element
and the Local Coastal Program Land
Use Plan, as well as the
residential zoning districts. The
purpose of the study would be to
reconsider raising the Two - Family
Residential density standards from
2,000 square feet per unit to 2,375
square feet per dwelling unit, and
also to consider changing some
Multi- Family Residential areas to
Two- Family Residential. The study
would potentially affect R -2
properties City wide. (Recommended
to defer for ninety days - All
Ayes)
C. OLD NEWPORT BOULEVARD - Request of
Owen Minney to allow residential/
commercial mixed use in the
"island" area between Old Newport
Boulevard and Newport Boulevard (SR
55) in the Old Newport Boulevard
Specific Plan Area. (Recommended
to,initiate - All Ayes)
Volume 43 - Page 277
CPA 89 -2
(45)
CITY OF NEWPORT BEACH
MINUTES
�\L Co7t 9A
G�N July 10, 1989
GPA 89 -2
D. 19TH AND BALBOA RESIDENTIAL -
Request of William Tepper to change
the land use designation of the
General Plan Land Use Element and
the Local Coastal Program Land Use
•
Plan from Retail and Service
Commercial to Multi - Family
Residential at 1900 West Balboa
Boulevard in the McFadden Square
area. (Recommended to initiate
All Ayes)
E. SPYGLASS HILL - Request of George
Awad to allow subdivision of an
existing lot into two lots for
Single - Family Detached development
at 15 Muir Beach Circle.
(Recommended to initiate - 6 Ayes,
1 No)
F. ZONTA CLUB SITE - Request of Mesa
Development Company to amend the
General Plan Land Use Element to
change the land use designation
from Governmental, Educational and
Institutional Facilities to
Multi- Family Residential, with one
unit allowed for each 2,178 square
foot of land area in Newport
Heights. (Recommended to initiate
•
- All Ayes)
G. LIDO MARINA VILLAGE - Request of
Altoon and Porter, Architects, to
amend the General Plan Land Use
Element and the Local Coastal
Program Land Use Plan to allow
conversion of the City National
Bank Building to residential, and
to allow approximately 30,000
square feet of additional retail
commercial development in Lido
Village. (Recommended to initiate
- All Ayes)
H. BALBOA ISLAND FIRE STATION - A
proposal by staff to amend the
General Plan Land Use Element and
the Local Coastal Program Land Use
Plan to change the land use
designation of the Fire Station
site on Balboa Island to Retail and
Service Commercial, and the service
station site at the corner of Park
Avenue and Marine Avenue to
Governmental, Educational and
•
Institutional Facilities.
(Recommended to initiate - All
Ayes)
Volume 43 - Page 278
GPA 89 -2
C
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CITY OF NEWPORT BEACH
MINUTES
°�► y op 4c
�GpA
.Q to July 10, 1989
I. 205 ORANGE STREET - Request of Mark
Fairbanks to amend the General Plan
Land Use Element and the Local
Coastal Program Land Use Plan to
change the designation of the site
located at 205 Orange Street from
Retail and Service Commercial to
Two- Family Residential in the
Newport Shores Specific Plan Area.
(Recommended to initiate - All
Ayes)
J. "COMMUTER" ROADWAY - A proposal by
staff to amend the General Plan
Circulation Element to add a
roadway classification for a
"Commuter" Two Lanes Undivided, and
classify Marguerite Avenue between
East Coast Highway and 5th Avenue
in Corona del Mar as a "Commuter"
roadway. (Recommended to initiate
- All Ayes)
K. BALBOA YACHT CLUB - Request to
amend the General Plan Land Use
Element for the Bayside Drive Open
Space area in order to allow
construction of a 3,740 square foot
addition to the Balboa Yacht Club.
(Recommended to initiate - All
Ayes)
Motion was made to approve Items A thru
K, as recommended, with the deletion of
Item B (Balboa Peninsula Study).
Mayor Strauss stated that even though
the Council was only approving
recommendations to initiate general plan
amendments at this time, he did have
some reservations regarding Item G,
(Lido Marina Village) and he will be
voting against the amendment when it
returns to the Council.
The City Manager advised that pursuant
to Council Policy, a general plan
amendment can be requested by an
applicant, a property owner, and the
Planning Commission; however, the City
Council by acceptance or rejection,
shall initiate all general plan
amendments, and therefore, any of the
above proposed amendments can be deleted
by the City Council if so desired.
Volume 43 - Page 279
GPA 89 -2
0-
•
Motion
All Ayes
X
Motion
Ayes x x
Noes x
Motion
0
CITY OF NEWPORT BEACH
MINUTES
July 10, 1989
In response to question raised by
Council Member Sansone regarding the
parking problem connected with the Lido
Marina Village parking structure, the
City Attorney indicated that the problem
somewhat resolved itself when the
Council reduced commercial densities
along Via Lido.
The Planning Director advised that Lido
Marina Village is in the process of
being sold and the prospective buyers
have met on two occasions with staff to
determine what would be required in
order for them to accomplish the project
they have in mind. The first thing the
applicant would have to do is amend the
general plan to permit some additional
square footage of development. It has
been indicated to him that they would
like to eliminate some of the existing
uses and replace some of'the higher
traffic generators with lower traffic
generators, and change the mix of uses.
In initiating a general plan amendment,
the City Council is under no obligation
to approve that general plan amendment
once it has been initiated.
Council Member Hart stated that she was
in support of bringing back Item B
(Balboa Peninsula Study) in 120 days and
not deleting it entirely as moved by
Council Member Turner; and therefore,
following discussion, it was suggested
Items B and G be voted on separately.
In view of the foregoing, Council Member
Turner withdrew the motion on the floor
and made a new motion to sustain the
recommendation of the Planning
Commission with regard to Items A, C, D,
E, F, H, I, J and K.
Motion was made to defer Item B (Balboa
Peninsula Zoning Study) for 120 days, as
recommended by the Planning Commission.
Motion was made to deny Item G (Lido
Marina Village).
Jerry King, of J. A. King Associates,
representing the applicant, addressed
the Council and stated the proposed new
owners of Lido Marina Village are in the
process of negotiating with adjacent
land owners, including Lido shops on Via
Lido for possible purchase in order to
combine the shops on Via Lido into one
Lido Marina Village project. It is
Volume 43 - Page 280
GPA 89 -2
x
x
x
x
x
x
MINUTES
July 10, 1989
In response to question raised by
Council Member Sansone regarding the
parking problem connected with the Lido
Marina Village parking structure, the
City Attorney indicated that the problem
somewhat resolved itself when the
Council reduced commercial densities
along Via Lido.
The Planning Director advised that Lido
Marina Village is in the process of
being sold and the prospective buyers
have met on two occasions with staff to
determine what would be required in
order for them to accomplish the project
they have in mind. The first thing the
applicant would have to do is amend the
general plan to permit some additional
square footage of development. It has
been indicated to him that they would
like to eliminate some of the existing
uses and replace some of'the higher
traffic generators with lower traffic
generators, and change the mix of uses.
In initiating a general plan amendment,
the City Council is under no obligation
to approve that general plan amendment
once it has been initiated.
Council Member Hart stated that she was
in support of bringing back Item B
(Balboa Peninsula Study) in 120 days and
not deleting it entirely as moved by
Council Member Turner; and therefore,
following discussion, it was suggested
Items B and G be voted on separately.
In view of the foregoing, Council Member
Turner withdrew the motion on the floor
and made a new motion to sustain the
recommendation of the Planning
Commission with regard to Items A, C, D,
E, F, H, I, J and K.
Motion was made to defer Item B (Balboa
Peninsula Zoning Study) for 120 days, as
recommended by the Planning Commission.
Motion was made to deny Item G (Lido
Marina Village).
Jerry King, of J. A. King Associates,
representing the applicant, addressed
the Council and stated the proposed new
owners of Lido Marina Village are in the
process of negotiating with adjacent
land owners, including Lido shops on Via
Lido for possible purchase in order to
combine the shops on Via Lido into one
Lido Marina Village project. It is
Volume 43 - Page 280
GPA 89 -2
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Noes
CITY OF NEWPORT BEACH
\G�tf► July 10, 1989
xlxlxlxlxlxlx
MINUTES
their intention to eliminate the office
uses as well as the private club and
tower, and to convert the tower to
residential use. The plan they are
working on now would also enable them to
perhaps purchase any residual amounts
left over from the proposed new bridge
construction. They would like to return
the area to a combination of retail and
residential uses, which is what it was
originally before it was ever converted
by the Koll Company.
Mayor Strauss indicated he was not in
favor of allowing residential use in
Lido Marina Village due to its proximity
to the noise from charter boats, etc.
In addition, he was very concerned with
the proposal to add 30,000 additional
square feet of retail commercial
development to the area.
Discussion continued, wherein Mr. King
answered questions of the Council
regarding the proposed development, and
stated it was their intention to meet
with all of the property owners involved
to resolve any past disputes prior to
bringing a plan back to the City for
consideration.
Council Member Turner pointed out that
the subject request was only for the
initiation of a general plan amendment,
and that the Council was not being asked
to approve, or commit to anything at
this time; and therefore, he had no
objection to allowing the developers to
proceed with conceptual drawings, etc.,
for a general plan amendment.
Council Member Cox stated that 'but of
courtesy" to the developer, he felt the
Council should approve the initiation of
the general plan amendment in order that
the applicant can prepare a proposal for
the area. He stated that many believe
that Lido Marina Village has been a
"disaster area" for several years, and
something needs to be done in order to
"turn that situation around."
It was indicated during discussion that
if the subject request is denied, the
developer can resubmit the request again
in October.
The motion to deny the request, as made
by Mayor Strauss was voted on and
carried.
Volume 43 - Page 281
GPA 89 -2
•
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
r0 9
July 10, 1989
3. Report from Public Works Department
together with proposed resolutions
relative to PROPOSED.MCFADDED SQUARE
ASSESSMENT DISTRICT NO. 59.
MINUTES
John Shea, 2214 W. Ocean Front,
addressed the Council and stated he felt
there has been a great deal of
misunderstanding, misinformation,
misrepresentation and arbitrary boundary
changes connected with the proposed
assessment district. He also felt that
staff was not "neutral" on this issue.
He suggested one person be designated on
the staff who is knowledgeable of this
project that the public can contact for
information; that the Council "firmly"
fix the boundaries for the assessment
district (which keeps changing);
separate all three issues, i.e.,
sidewalks, street lighting, and plaza
improvements; and that the assessment
method be finally re- examined by the
Council.
In response to question raised as to
whether the three proposed improvements
could be separated, the Public Works
Director stated that City Council has
the option to either combine the work or
separate the project; however, the
reason the improvements were combined,
is that any assessment district
proceeding has a long and complex
procedure under State law, and there are
advantages of efficiency in conducting a
single proceeding for various elements
of work in a given area. In addition,
the overall concept was to improve the
aesthetics of the area, and while each
of the three components (decorative
street lighting, plaza improvements, and
sidewalks) are distinct from one
another, they all have the purpose of
improving the aesthetics of the area.
When the petitions were circulated, they
were circulated on the basis of the
combined project. Further, the project
does contemplate the City will combine
its budgeted funding for priority
street, sidewalk, drainage repairs in
the amount of $490,000 in the area, plus
$103,000 for parking lot improvements.
Volume 43 - Page 282
PW /McFdn
Sq Asmt
Dist#59
(74)
•
Motion
All Ayes
CITY OF NEWPORT BEACH
EMBERS MINUTES
July 10, 1989 INDEX
The City Manager noted that because of
PW /McFdn
the manner in which the petitions were
Sq Asmt
worded for this assessment district, if
Dist #59
the three components were now separated
into individual projects, it would
require the entire process to start over
again and consequently delay the
project.
Council Member Cox spoke in favor of
proceeding with the assessment district
at this time, stating it has been the
goal of the City Council, as well as the
affected property owners, to improve
McFadden Square for a number of years.
x
There being no further comments, motion
was made to adopt the following
resolutions regarding PROPOSED MCFADDEN
SQUARE ASSESSMENT DISTRICT NO. 59:
Resolution No. 89 -72 making
Res 89 -72
APPOINTMENTS IN A SPECIAL DISTRICT;
Resolution No. 89 -73 adopting the
Res 89 -73
PROPOSED BOUNDARY MAP FOR THE
SPECIAL DISTRICT;
Resolution No. 89 -74 covering
Res 89 -74
PRELIMINARY DETERMINATION AND
ORDERING THE PREPARATION OF A
REPORT ON SAID IMPROVEMENTS;
Resolution No. 89 -75 approving a
Res 89 -75
report under the "SPECIAL
ASSESSMENT INVESTIGATION LIMITATION
AND MAJORITY PROJECT ACT OF 1931,"
and setting a public hearing on
August 14, 1989 at 7:30 p.m.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO BOARDS AND COMMISSIONS:
Bds /Cmsns
The City Clerk advised that after the
agenda was printed, a letter was
received from Thomas P. Pratt endorsing
Bill Sharp as a. Parks, Beaches 8
Recreation Commissioner, and two letters
and petition recommending Janine Gault
be appointed as a Planning Commissioner.
Volume 43 - 283
On
Red
Green
Red
.Green
White
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x
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tP
IXIXIXIX
I x I x I X l x
CITY OF NEWPORT BEACH
x
ix
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ix
Red en I x l x l x l x l x l x l x
Green
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MINUTES
July 10, 1989
After determining the method of voting,
the following appointments were
confirmed:
BOARD OF LIBRARY TRUSTEES
C. Ben Jackson was assigned the Green
light.
Sally Schroeder was assigned the Red
light.
C. Ben Jackson was reappointed to a
four -year term expiring June 30, 1993.
CITY ARTS COMMISSION
Sara Blatterman was assigned the Green
light.
Jane Piasecki was assigned the Red
light.
Sara Blatterman was reappointed to a
four -year term expiring June 30, 1993.
CIVIL SERVICE BOARD
Paula Godfrey was assigned the Green
light.
Hilbert Carson was assigned the Red
light.
Joseph DeLadurantey was assigned the
white light.
Hilbert Carson was reappointed to a
four -year term expiring on June 30,
1993.
PARKS, BEACHES AND RECREATION
1. Pete Compton was assigned the Green
light.
William Sharp was assigned the Red
light.
Pete Compton was appointed to a
four -year term expiring on June 30,
1993.
2. Gale Demmer was assigned the Green light
Michael McNalley was assigned the Red
light.
Gale Demmer was appointed to a four -year
term expiring June 30, 1993.
Volume 43 - Page 284
Library
Arts
Civil Sery
PB &R
xl'xlxIxIxIxIx
Red en I x l x l x l x l x l x l x
Green
0
MINUTES
July 10, 1989
After determining the method of voting,
the following appointments were
confirmed:
BOARD OF LIBRARY TRUSTEES
C. Ben Jackson was assigned the Green
light.
Sally Schroeder was assigned the Red
light.
C. Ben Jackson was reappointed to a
four -year term expiring June 30, 1993.
CITY ARTS COMMISSION
Sara Blatterman was assigned the Green
light.
Jane Piasecki was assigned the Red
light.
Sara Blatterman was reappointed to a
four -year term expiring June 30, 1993.
CIVIL SERVICE BOARD
Paula Godfrey was assigned the Green
light.
Hilbert Carson was assigned the Red
light.
Joseph DeLadurantey was assigned the
white light.
Hilbert Carson was reappointed to a
four -year term expiring on June 30,
1993.
PARKS, BEACHES AND RECREATION
1. Pete Compton was assigned the Green
light.
William Sharp was assigned the Red
light.
Pete Compton was appointed to a
four -year term expiring on June 30,
1993.
2. Gale Demmer was assigned the Green light
Michael McNalley was assigned the Red
light.
Gale Demmer was appointed to a four -year
term expiring June 30, 1993.
Volume 43 - Page 284
Library
Arts
Civil Sery
PB &R
CITY OF NEWPORT BEACH
MINUTES
pip July 10, 1989
'Green x x x x x x x 1
•
Green x x x 2
Red x x x x
White
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PLANNING COMMISSION
Thomas Edwards was assigned the Green
light.
Anita Meister -Boyd was assigned the Red
light.
Thomas Edwards was reappointed to a
four -year term expiring June 30, 1993.
Janine Gault was assigned the Green
light.
Norma Glover was assigned the Red light.
Pat Hollander was assigned the White
light.
Norma Glover was appointed to a
four -year term ending June 30, 1993.
Planning
2. Report from Public Works regarding Permit/
ENCROACHMENT AGREEMENT FOR CONSTRUCTION 2209 Pacif-
AND MAINTENANCE OF PRIVATE IMPROVEMENTS is Dr
WITHIN THE BAYSIDE AND PACIFIC DRIVE (65)
PUBLIC RIGHTS -OF -WAY ADJACENT TO 2209
PACIFIC DRIVE, CORONA DEL MAR.
The City Clerk advised that after the
agenda was printed, two letters were
received in support of the proposed
improvements from Grant Bettingen, 2215
Pacific Drive and Lynn Burnett, 2209
Bayside Drive.
The City Manager advised that at the
June 26, 1989 Council meeting, the
subject item was deferred until
tonight's meeting in order to give Mr.
Ross, the property owner and applicant,
time to contact and inform the property
owners along the southerly side of
Bayside Drive of his proposal to locate
a driveway along his Bayside Drive
frontage. The applicant's
representative has contacted the
property owners along Bayside Drive
across from the proposed improvements,
as well as the property owners on
Pacific Drive. Attached to the staff
report is a letter from Tim Robertson,
Architect, summarizing the properties
contacted and their comments. In
addition, on July 7, 1989, staff was
notified of three property owners
opposing the improvements, who reside at
2223, 2231 and 2301 Bayside Drive.
Volume 43 - Page 285
Motion
All Ayes
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Motion
All Ayes
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MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
July 10, 1989
Council Member Sansone stated that he
was the one who had requested the
applicant contact the affected property
owners on Pacific Drive, and he is now
satisfied with the responses and
comments; and therefore, moved to
approve the application subject to the
following:
Execution of an Encroachment
Agreement for nonstandard
improvements; authorize the Mayor
and the City Clerk to execute the
Agreement; direct the City Clerk to
have subject Agreement recorded
with the Orange County Recorder;
and an encroachment permit from the
Public Works Department.
J. CURRENT BUSINESS:
1. Proposed resolution attached with report
from the City Manager regarding
APPOINTMENTS TO CREATING THE CITIZENS
ADVISORY COMMITTEE FOR EMERGENCY
PREPAREDNESS.
Motion was made to adopt Resolution No.
89 -78 creating the Citizens Advisory
Committee, and confirming the following
appointments:
(District 1) Council Member
Strauss's appointments
deferred to August 14, 1989.
(District 2) Council Member
Plummer's appointments
deferred to August 14, 1989.
(District 3) Council Member Hart's
appointment of Dayna Pettit;
remaining appointment deferred to
July 24, 1989.
(District 4) Council Member
Turner's appointments of Jeffrey
Stern and Roy Englebrecht.
(District 5) Council Member Watt's
appointments deferred to July 24.
(District 6) Council Member
Sansone's appointments
deferred to July 24, 1989.
(District 7) Council Member Cox's
appointments deferred to August 14,
1989.
Volume 43 - Page 286
CAC /Emergcy
Prpdns
(24).
Res 89 -78
LL
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CITY OF NEWPORT BEACH
MINUTES
July 10, 1989
2. Report from Public Works Department
regarding UNDERGROUND.UTILITIES IN
CORONA HIGHLANDS (ASSESSMENT DISTRICT
NO. 57).
The Public Works Director stated that
the recommended criteria (I - 6 of the
staff report) are based on the criteria
the State has established for
eligibility in postponing property tax
payments for hardship cases. In
addition, a letter was just received
from MacKenzie Brown, legal counsel for
this project, in which suggestions are
made which the staff will follow
procedurally on this matter. Also, as
of this date, only one letter of
"hardship" has been received by the
staff.
Council Member Turner indicated it was
his understanding at the last Council
meeting that legal counsel would come
back with a program whereby the City
would be the bond holder, which he felt
was not included in the criteria.
The Public Works Director responded that
it was not known when this process was
started if it would be possible to move
quickly enough for the City to acquire
the bond, but it now appears that the
City may be able to purchase a bond in
this one instance. The staff report,
however, has been written on the
assumption that the project will
eventually go to bond and the City will
then have to pay the bond payments when
they become due, subject to the
requirements that are specified in the
criteria.
Council Member Turner emphasized his
desire for the City to hold the bond for
hardship cases so that the City has a
priority claim on said bond, and whereby
the property owner would not be required
to pay the interest payment or the
principal reduction which would
accumulate, and upon the transfer of the
property the City would get their money.
The City Attorney stated that according
to the letter received from Mackenzie
Brown, legal counsel, it is his
understanding that if there are
applications for hardship cases which
can be evaluated within 45 days from
June 26, 1989, then the City will be in
a position to purchase the bonds as
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described by Council Member Turner.
However, there may be persons applying
subsequent to the date when the City is
not in a position to purchase bonds, and
under those circumstances, he felt the
City would follow the criteria
recommended in the staff report.
The City Manager commented that he felt
the recommended criteria, as written,
would apply to evaluate the hardship
case for the purchase of a bond.
Council Member Turner referenced the
subject letter from Mackenzie Brown,
legal counsel, dated July 5, 1989,
regarding an alternative procedure for
hardship cases, and cited, in part, as
follows:
"This is an optional approach since
the City is issuing 1911 Act bonds.
Where there is an individual bond
for each parcel in the district the
City would have to purchase the
bonds securing the property subject
to the hardship. The only
difficulty here is that all
decisions must be made prior to the
final delivery of the bonds, i.e.,
approximately 45 days following the
conclusion of the public hearing.
By purchasing the bonds, the City
would remain in a first -lien
position ahead of any private
financings and be on a parity with
the property tax."
Council Member Turner indicated he
agreed with the above alternative method
for handling hardship cases, and urged
its support. He also suggested
paragraph 3 under "discussion" in the
staff report be deleted.
The Public Works Director stated that
the only reason paragraph 3 was included
in the staff report, was because there
was some concern that it might not be
possible to move fast enough with regard
to the purchase of bonds within the time
period allotted. He concurred with what
legal counsel described in his letter as
cited by Council Member Turner and felt
it a desireable way in which to proceed.
Hearing no further comments, motion was
made to delete paragraph 3 under
"discussion' in the staff report,.and
adopt the recommended criteria for
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CITY OF NEWPORT BEACH
MINUTES
O
M 0f 9� July 10, 1989
determining eligibility of property
owners for the City's help in postponing
payment of assessments.
It was indicated that those property
owners interested in applying as a
"hardship" case should do so as soon as
possible; forms and instructions
available at City Hall, or by contacting
Council Member Sansone.
Meeting adjourned at 9:05 p.m.
The agenda for this meeting was posted
on July 6, 1989, at 8:30 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
Mayor
(ATTEST:
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