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HomeMy WebLinkAbout07/26/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS o� Council Chambers NOPIVAOI \\ DA July 26, Motion All Ayes Present X X Motion All Ayes n Ayes Motion All Ayes MINUTES INDEX Mayor Turner welcomed Sister City guests X visiting from Okazaki, Japan, who presented tokens of friendship to the City Council. X X X X X X "Library Services in the 901s" be approved. She stated that the Board and staff, with the X assistance of the Library Advisory Planning Task Force, met monthly to develop this plan X those committee members in attendance and expressed appreciation for their service on MINUTES INDEX Mayor Turner welcomed Sister City guests visiting from Okazaki, Japan, who presented tokens of friendship to the City Council. Jean Kiger, Chairperson, Board of Library Library Trustees, addressed the Council and Services recommended their new planning document "Library Services in the 901s" be approved. She stated that the Board and staff, with the assistance of the Library Advisory Planning Task Force, met monthly to develop this plan which extends through 1999. She recognized those committee members in attendance and expressed appreciation for their service on this project. John Nicoll, Member of the Board of Library Trustees, gave an update on the continuing fund- raising efforts of the Newport Beach Library Foundation, and also introduced David Carmichael, the newly elected Chairman of the Foundation. Council Member Sansone indicated he would like to review the Library document further prior to approval; and therefore, Mayor Turner moved to defer action on this item to August 9, 1993. ROLL CALL Reading of Minutes of July 12, 1993, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. CONSENT CALENDAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION 1. Proposed ORDINANCE NO. 93 -16, being, Ord 93 -16 Offenses/ AN ORDINANCE OF THE CITY COUNCIL Nuisances OF THE CITY OF NEWPORT BEACH (70) ADDING SECTION 10.08.040 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING SHINING LIGHTS INTO DWELLING UNITS. [Report from Contract Attorney] 2. Proposed ORDINANCE NO. 93 -17, being, Ord 93 -17 Veh /Traffa AN ORDINANCE OF THE CITY COUNCIL (85) OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PARKING METER FEES. [Report from Offstreet Parking Committee] Schedule for public hearing on August 9, 1993: 3. Removed from the Consent Calendar. Volume 47 - Page 193 • • CITY OF NEWPORT BEACH COUNCIL MEMBERS M \\\, *1\4 July July 26, 1993 4. Proposed ORDINANCE NO. 93 -19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.02 TO THE NEWPORT BEACH NUNICIPAL CODE TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION. [Report from Building Director] RESOLUTIONS FOR ADOPTION 5. Resolution No. 93 -50, confirming the land use designation of the lower campus of Hoag Hospital and authorizing the submittal of an amendment to the Local Coastal Program, Land Use Plan to the California Coastal Commission. [Report from Planning Department] 6. Resolution No. 93 -51, modifying a recycling service fee, and rescinding Resolution No. 92 -70. [Report from General Services Director] 7. Removed from the Consent Calendar. 8. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 9. Professional Services Agreement with Boyle Engineering Corporation for Design of Balboa Peninsula Water Main Re- lining Project (Contract No. 2957). [Report from Utilities Department] 10. Removed from the Consent Calendar. 11. Tentative agreement with the Newport Beach Employees League (MBEL/NOU Contract No. 2065). [Report from City's Negotiations Team] 12. Approve ten year lease extension for City /County Dock Lease (Contract No. 910). [Report from Deputy City Manager] 13. Removed from the Consent Calendar. 14. Paramedic Services Billing Agreement with Advanced Billing Concepts for paramedic subscription program (Contract No. 2958). [Report from Fire Chief] 15. Amendment to Orange County City Hazardous Material Joint Powers Agreement (Contract No. 2760) . [Report from City Attorney] 16. Parking Citation Processing Agreement (Contract No. 2706) with City of Costa Mesa. [Report from Revenue Manager] 17. CLAIMS - For Denial by the City Manager: Dave Bent, alleging tire damage, cracked rim and towing charge due to hitting boulder -size chunk of concrete on southbound Irvine Avenue north of Santiago on June 17, 1993. Volume 47 - Page 194 MINUTES CITY OF NEUOIRT BEACH COUNCIL MEMBERS \ \\ July 26, 1993 ROLL CRLL N • • 18. • Gary's Companies, Inc., seeking indemnification from claim filed by Lisa and Samuel Eisenberg as a result of accident on July 29, 1992 at Newport Center Drive near Santa Rosa Drive. Sam Chaly, alleging tire damage as a result of melted asphalt in parking lot on July 4, 1993 at Newport Pier. Robert Gonzales, alleging damage to car windshield from rock left on road by construction work on Jamboree Road on June 15, 1993. Sung Eun Han, alleging damage to vehicle as a result of being struck by Newport Beach Police auto while parked in alley of 300 block of North Bay Front on June 21, 1993. Anita Kumar, at al, alleging dangerous condition on PCH caused wrongful death of Arvind Kumar on January 16, 1993. Frederic and Francine Ludwig, alleging personal injuries as a result of traffic collision with Arvind Kumar on PCH on January 16, 1993. Dominic Menaldi, alleging personal injuries on June 14, 1993 as a result of falling over protruding bolts left in telephone booth which was removed from the front of Mom's Cafe on East Ocean Boulevard. Rachel L. Morrell, alleging tree limb fell onto her car and cracked windshield and put dent in hood across from 717 Narcissus Avenue on July 6, 1993. Jeffrey Lee Overstreet, alleging vehicle damage and personal injuries as a result of being hit by Newport Beach Police Motorcycle Officer on PCH and Superior Avenue on July 1, 1993. Donna Schroeder, alleging damage to windshield of vehicle as a result of hitting rock left on newly paved Jamboree Road near Bison Avenue on June 15, 1993. Joan Shaw, alleging City Eucalyptus tree roots are growing under garage apron at 430 Poppy Avenue and will soon damage garage floor; seeking repair of damage already done by tree roots. Reports from Personnel Department, Finance Department and General Services Department. Volume 47 - Page 195 MINUTES Gary's Company Ghaly Gonzales Han Kumar Ludwig Menaldi Morrell Overstreet Schroeder Shaw (66) COUNCIL MEMBERS ROLL CALL \ • is • CITY OF NEWPORT BEACH � f j July 26, 1993 19. General Plan Amendment 93 -2 - Request to initiate an amendment to the Newport Beach General Plan as follows: E. 1000 Bristol Street North: Request of the Woloson Company to amend the General Plan Land Use Element to increase the development allocation for Newport Place Block I by 1,080 square feet, from 99,538 sq. ft. to 100,618 sq. ft. in order to allow the addition of exterior dining areas in association with Pascal's Restaurant. [Report from Planning Department] 20. Election of Planning Commission Officers for Fiscal Year 1993 -94 for information and filing. [Report from Planning Department] 21. Planning Commission Actions from meeting of July 8, 1993 for information and filing. [Report from Planning Department] 22. Encroachment Agreement for construction and maintenance of private improvements within the Catalina Drive public rights - of -way adjacent to 345 Catalina Drive, Newport Heights. [Report from Public Works Department] 23. Bail Schedule Revisions - Request to revise the Uniform Bail Schedule. [Report from Revenue Manager] 24. Removed from the Consent Calendar. 25. Removed from the Consent Calendar. BUDGET AMENDMENTS 26. BA -005, $2,435.00 - Increase in Budget Appropriations and Decrease in Budgetary Fund Balance to fund overtime costs for special Saturday Refuse Collection in Central Newport; General Services. [Report from General Services Director] BA -006, $20,327.00 - Increase in Revenue Estimates and Budget Appropriations to reflect State Library Grant for the purchase of ADA equipment for the Central Library; Library. [Report from City Librarian] PUBLIC HEARING 27. ANNUAL WEED ABATEMENT PROGRAM - CONFIRMATION OF COSTS. It was recommended that the City Council adopt a resolution confirming the weed abatement costs to be assessed on the three properties listed in the staff report. All affected property owners have been notified of this hearing. Volume 47 - Page 196 MINUTES GPA 93 -2 (45) (68) 345 Cata- lina Dr (65) Muni Code Revision (53) (40) i GS (44) Library (50) Weed Abatm Fire (41) CITY OF NEWPORT BEACH COUNCIL MEMBERS S July 26, 1993 ROLL CRLL MINUTES !1,'1f3! Mike Johnston, 641 St. James Road, Weed Abatn addressed the Council and stated he will be constructing a new home in September at 724 St. James Place for the property owner, and requested clarification of the proposed assessment inasmuch as he • has never seen any weeds on the vacant lot. Fire Chief Tim Riley, addressed the Council and stated that the subject lot was cleaned approximately two months ago, and that the assessment of $180 covers the cost of abating the weeds, as well as the City's administrative fee, and the cost to place the lien on the tax roll. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 93 -54 All Ayes 93 -54, confirming the report of the Fire Chief concerning the cost of the Abatement of Weeds and other nuisances and requesting the Auditor - Controller to enter the amount of each assessment on the County Tax Roll. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. Report from the Planning Department Ord regarding proposed ORDINANCE being, Zoning AN ORDINANCE OF THE CITY COUNCIL (94) • OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO REVISE THE REQUIRED REAR YARD SETBACK FOR RESIDENTIAL PROPERTIES ABUTTING ALLEYS WITH WIDTHS OF 24 FEET OR MORE FROM 2 FEET 6 INCHES TO A ZERO FOOT REAR YARD SETBACK (PLANNING COMMISSION PCA 780 AMENDMENT NO. 780). [Report from Planning Department) At the request of Council Member Sansone, the Planning Director summarized the proposed Ordinance, noting that the amendment as originally recommended by staff included a provision which would add an additional 4 foot ground floor rear yard setback on alleys 15 feet wide or less where a side yard abutted the alley on the opposite side. The Planning Commission deleted this portion of the amendment with the feeling that either the property owner or someone else would park in that nine foot alley setback by blocking access to the garage. The Planning Commission only approved the provision in the Ordinance which actually reduces the rear yard alley setback to zero where there are alleys 24 foot wide or wider. • The Planning Director stated that if it is the desire of the City Council to amend this ordinance prior to introduction, the additional language deleted by the Planning Commission is set forth on handwritten page 7 of the staff report. Volume 47 - Page 197 CITY OF NE"ORT BEACH COUNCIL MEMBERS v' July 26, 1993 ROLL CELL MINUTES INDEX Motion x Council Member Sansone moved to include Ord 93 -18 the above- referenced language in the proposed Ordinanca which states as follows: "F. Abutting Alleys - In addition, required parking spaces on the subject property shall maintain a minimum rear yard setback of 9 feet, • when a side property line of a residential lot is located across an alley 15 feet wide or less from the subject property," and to introduce Ordinance No. 93 -18 as revised. Motion x Substitute motion was made by Council Ayes x Member Hedges to introduce Ordinance No. 93 -18 as written, which motion FAILED. Noes x x x x x x All Ayes The motion made by Council Member Sansone was voted on and carried. 7. Report from the Offstreet Parking Parking/ Committee regarding proposed resolution Offstreet establishing offstreet parking meter Meter Zone zones. & Fees James D. Johansen, 401 Belvue Lane, (85/40) Peninsula Point, addressed the Council and stated his wife has a hair salon on Balboa Boulevard which will be adversely impacted by the proposed parking fee of $1.00 per hour, as well as the new parking meters. He stated that six other businesses in the block between Island and Sixth Street will also be significantly affected, and requested • that an alternate solution be considered to benefit those businesses on Balboa Boulevard. The City Manager commented that he is aware of the concerns of the merchants mentioned by Mr. Johansen, and therefore, suggested that the Council adopt the proposed resolution, excluding this particular area until the staff has worked out a satisfactory solution with all those affected. Kim Torres, 512 -1/2 Balboa Boulevard, addressed the Council and suggested that the parking meters between Island and Sixth Street be set for two hours at 25 cents per hour, and that four 30- minute parking meters be placed in the median. Doug Boyd, 2101 E. Balboa Boulevard, addressed the Council and requested some type of parking relief be considered for those patrons visiting Balboa Branch Library on Saturdays. Motion x Following discussion, motion was made to Res 93 -52 All Ayes adopt Resolution No. 93 -52, establishing offstreet parking meter zones and regulations for the operation of parking • meters but excluding the area between Island and Sixth Street, and rescinding Resolution No. 90 -30. S. Report from Revenue Manager regarding Parking/ proposed resolution establishing the Muni Code fines for certain Municipal Code Violatns Violations related to parking. (40/85) Volutue 47 - Page 198 CITY OF NEWPORT BEACH WaROMWTAWy , S' July 26, 1993 ROLL CALL MINUTES W-114A Mayor Turner stated he will be voting against this matter due to the amount of increases proposed, indicating he would like to see a report on "what the "true cost of collections are on these items." n A x In view of the foregoing, motion was made by Council Member Hedges to adopt Res 93 -53 Noes x x x x x x x Resolution No. 93 -53, establishing the fines for certain Municipal Code Violations related to parking. 10. Report from Utilities Department Big Canyon recommending award of Contract No. 2923 Res Elec to Brewster Electric in the amount of Cntrl Pnl $51,000, for Big Canyon Reservoir C -2923 Electric Control Panel. (38) The City Manager pointed out that after reviewing the bid of Brewster Electric, a minor irregularity was noticed with regard to the rating on the bond; however, after checking on the credit worthiness of that bond, the staff feels the City is fully protected and recommends the City Council adopt the findings (1 through 4) as set forth in the memorandum of the City Attorney. Motion x Motion was made to waive the Ayes x x x x x x irregularity and award Contract No. 2923 Noes x to Brewster Electric as recommended. 13. Report from the Deputy City Manager Marinaparl recommending approval of the Management Mobilehomc • agreement for Marinapark Park Mntnc (73) Motion x Motion was made by Mayor Turner to defer All Ayes action on this item to August 9 as recommended by staff. 24. Report from Public Works Department Npt Coast regarding update of NEWPORT COAST DRIVE Dr Extnsn EXTENSION and request from Council (74) Member Hart relative to the City's representative and alternate on San Joaquin Hills Transportation Corridor. The Public Works Director, in summarizing the staff report, noted that on May 24, 1993 the City Council adopted a motion on the Newport Coast Drive extension which contained six specific steps that the Council wished to see accomplished in connection with that issue, and directed the staff to report back at this time on the progress towards those steps. He stated that immediately following that Council meeting, the Irvine City Council met and took several specific actions germane to this matter as enumerated in the staff report. He also cited action taken thus far on the six steps taken by the City Council on May 24 as set forth in the staff report. He distributed copies of letters from the City of Irvine and the Orange County Environmental Management Agency which were received subsequent to Volume 47 - Page 199 COUNCIL MEMBERS • Motion • CITY OF NEWPORT BEACH 1\1 July 26, 1993 X MINUTES the preparation of the staff report. Npt Coast The cooperative study between the City Dr Extnsn of Irvine and the County is now scheduled for completion, approval and action by the Irvine City Council and County Planning Commission in September. In a parallel effort, the City of Irvine is pursuing a two -fold General Plan Amendment. The initial phase will amend the General Plan to incorporate policy language and support of the extension. The actual adoption of the specific alignment will have to await the completion of the environmental process. With regard to the EIR, the City of Irvine and the County are currently drafting a joint agency agreement to define the scope of work for the EIR and administration of that EIR. With regard to funding, the Board of Supervisors on July 20, 1993, approved a change of proceedings to authorise design and construction of Newport Coast Drive extension under the provisions of the assessment district. That change of proceedings would provide partial funding for the Newport Coast Drive extension from three sources, i.e.: 1) approximately $3.6 million from SJHTC reimbursement; 2) approximately $1.5 million from State Local Transportation Partnership program; and 3) interest earned from the above principal amounts. Council Member Sansone questioned why the TCA would reimburse the assessment district $3.5 million for a road that was part of the mitigation for the downcoast which, in turn, made it a public road. In response to the above, the Public Works Director stated he felt the reasoning was that the assessment district constructed facilities having that much value which are incorporated into the Corridor, therefore it was proper for the TCA to reimburse the district. Council Member Cox stated it was never intended for this segment of road referred to by Council Member Sansone to be maintained as Newport Coast Drive forever. It was constructed in a fashion 10 that part of the money that went into t could be used as part of the Corridor alignment, and now what the TCA is doing is reimbursing the assessment district for the amount of construction the Corridor will be using in the Corridor Itself. Council Member Hart expressed some of her concerns relative to this issue and following her comments, moved to direct the staff to report back within one month on a proposed plan for removal of the toll from Newport Coast Drive. Volume 47 - Page 200 CITY OF NEWPORT BEACH COUNCIL MEMBERS ik S July 26, 1993 ROLL C LL MINUTES TNnFY In response to some of Council Member Npt Coast Hart's remarks, Council Member Cox noted Dr Extnsn that the Master Plan of Streets and Highways has shown Newport Coast Drive, as it is known today, connecting to Bonita Canyon for over 20 years. The alignment that is.being debated at this time was selected in 1976. The toll road alone takes 16,000 vehicles a day out of Corona del Mar and residential streets. Newport Coast Drive will be connected as an arterial street to Bonita Canyon, Irvine, and MacArthur as originally planned and the Corridor will continue to take traffic off Coast Highway. Council Member Cox also responded to remarks of Council Member Sansone, pointing out that the original alignment was set by the County of Orange in 1976. The TCA did not come into existence until 1985, and in 1987 when it was apparent there was no way to get funds to build the freeway (referred to at that time) this was when the California legislature passed laws which allowed that facility to turn into a toll road. Council Member Hedges indicated he felt the issue at hand was whether or not people will actually pay a toll for a road they are already using for free, take the route through Corona del Mar, or use Alternative No. 3 which will have • traffic lights, stops signs, etc. At this point in time, no one really knows how many people will use toll roads. Council Member Cox stated there have been endless studies done on traffic flows, not only for the TCA and the EIR, but for the investors of the facility. On opening day in 1997, it is estimated the toll road will generate 60,000 cars a day as a conservative number who will be paying tolls. Newport Coast Drive is estimated at 10,000 cars per day. He felt it would be very difficult to sell the other cities in the TCA as to why Newport Beach should not pay a toll for its access to the Corridor. Council Member Sansone stated when The Irvine Company received approval of their LCP for the downcoast, they were required to build Newport Coast Drive and that made it a public road all the way to MacArthur Boulevard, and he is having a difficult time explaining to people as to how something is given to the public on the basis of a mitigation measure of traffic to be generated by The Irvine Company Development, can be taken away. • Council Member Cox emphasized that the access is not being taken away inasmuch as people can still use Newport Coast Drive in a free movement and get to MacArthur Boulevard without paying a toll. It's just that drivers will not be able to use that portion of land along UCI that everyone is used to because it will be realigned. Volume 47 - Page 201 COUNCIL MEMBERS Motion • CITY OF NEWPORT BEACH X • Ayes x x x Noes x x x x July 26, 1993 Mayor Turner stated that Alternative No. 3 is an extension of Newport Coast Drive to tie into Bonita Canyon near Gabrielano which will enter UCI. The other alternative will go up Newport Coast Drive and intersect with Bonita Canyon easterly of Gabrielano, and both alternatives are toll free. He also feels that the installation of the tollway eventually will lessen the impact upon Corona del Nor significantly. Council Member Debay commented that the County of Orange, the TCA. City of Irvine and Newport Beach staff have worked together and developed Alternative No. 3, which she felt will be constructed and be in place before the Corridor "pinches off the free access ", and therefore, she moved a substitute motion to direct staff to report back on September 27 with an updated progress report, and that no action be taken to withdraw from the TCA. John Della Grotto, 1939 Port Bishop Place, President, Newport Mills Community Association, addressed the Council and stated that their association consists of approximately 520 homes. He commented that they have spent, along with their neighboring homeowner associations, countless hours studying this issue as they are vitally impacted by the Corridor; they have worked with the TCA staff extensively, as well as Council Member Cox, who has always been responsive to their concerns; and they do not feel the City should withdraw from the TCA and they are not opposed to the toll. Helen M. Kieron, 620 Larkspur Avenue, addressed the Council and stated she has written a letter to the City outlining her concerns on this issue, and felt the proposed toll is a surprise to most in the community and should be removed. Yvonne Houssels, representing Harbor View Hills Homeowners Association, addressed the Council and stated that their association consists of over 450 homes. She stated they have expressed their concern at prior Council meetings regarding the proposed location of the toll booth on Newport Coast Drive. She also read a letter from Darlene Parsons of Corona del Mar, in opposition to motorists returning to using San Joaquin Hills Road, Marguerite and Pacific Coast Highway to avoid paying a toll. Council Member Cox stated there are no toll booths on Newport Coast Drive itself, however, they are on the on- ramps to the Corridor, and therefore, drivers will still travel arterial streets for free. At this time the Council voted on the substitute motion made by Council Member Debay which FAILED. Volume 47 - Page 202 MINUTES Coast Extnsn COUNCIL MEMBERS �``�3'� �� Hof\ .CELL m All Ayes • • CITY OF NEWPORT BEACH MINUTES July 26, 1993 The original motion as made by Council Member Hart was voted on and carried. 25. Report from City Manager regarding OPEN Election/ SPACE ASSESSMENT DISTRICT AND PROPOSED Open Space MEASURE FOR NOVEMBER BALLOT. Asmt Dist The City Manager reported that the City (39/68) Council has been asked by the Newport C -2942 Conservancy to conduct an advisory (38) election in November on the formation of an assessment district to finance the acquisition and improvement and maintenance of two undeveloped properties known as Newporter North and the Castaways; these two properties are part of a comprehensive development agreement approved by the City Council and Coastal Commission for the 11 remaining large undeveloped properties owned by The Irvine Company; these two properties are now entitled with 363 housing units and The Irvine Company has expressed to the City staff their intent to move forward on the development beginning early next year; in 1991, the Conservancy began to express an interest in the purchase of these properties and the City undertook an appraisal of the properties to determine their cost if purchased for permanent open space; the appraisal set the value for the two sites as $80.6 million. The appraisal was updated last year and now is estimated at $69.7 million for the two properties. Since receipt of the appraisal, the Trust for Public Lands has negotiated the price with The Irvine Company for the Newport Conservancy and an option to purchase has been entered into by the parties for $55.8 million for the Newporter North and Upper Castaways sites. More recently, the parties have agreed to include the Lower Castaways site for a price not to exceed $2.5 million. The Conservancy has prepared at their expense, a proposed site plan of the uses on both properties, to be improved primarily for passive open space. The City's Parks, Beaches & Recreation Commission in June reviewed the proposed plans and recommend that a proposed five acre active park on the Upper Castaways site be expanded to an area closer to 10 acres to accommodate three multi -use play fields, restroom facilities and a parking lot; the Conservancy has retained a landscape architect to prepare preliminary site plans for the large passive open space areas on the sites which include a detailed cost estimate to improve these properties, with trails, bluff top fencing and steps to prevent further erosion of the bluff top slopes;; the cost estimate to improve each site was $1 million dollars or a total of $2 million; a cost estimate was also developed for the maintenance of these properties which came in at $160,000 per year; The Irvine Company has indicated that they have spent $40,000 on. maintenance last year for these properties in their current condition; Volume 47 - Page 203 COUNCIL MEMBERS • CITY OF NEWPORT BEACH July 26, 1993 the Conservancy has proposed that the City Council form an assessment district to purchase, improve and maintain the properties following an advisory election, providing the City voters approve of this project; if the voters give their approval, at a percentage rate to be discussed later in the meeting, then all property owners would receive a notice of the formation of a City -wide assessment district, the proposed assessment rates, and the time and place to protest such an assessment; if more than a majority of the property owners, based on land area, protest the district's formation, then the assessment district would not be formed; the Conservancy has agreed to pay all costs for the election which is estimated at $60,000; the Conservancy agreed earlier this year to reimburse the City for an engineering feasibility study which is the required first step in forming an assessment district; the feasibility study was prepared by Willdan Associates and discusses their formula to spread the cost of the assessment among property owners; the engineering feasibility study assumes that if the assessment district is formed, then bonds will be sold to acquire and improve the properties; each year the annual assessment will pay for the debt service on the bonds and the cost of the maintenance; if the City Council wishes to proceed with the election, then appropriate resolutions need to be adopted. MacKenzie Brown, legal counsel for the proposed assessment district, addressed the Council and stated that if, following the election, the City Council does decide to proceed, a very extensive engineer's report would have to be prepared which will set forth every accessible property proposed for assessment within the district, and within that report would be a listing of the assessments for those parcels; that report would then be set for public hearing and two public hearings will be held; notices are mailed to all property owners and that notice will set forth the estimated assessment; a protest count is based upon the accessible acreage within the boundaries of the assessment district; if the Council wishes an additional protest count based upon units, aggregate assessments, etc., that can also be provided; however, if there is a written majority protest, the proceedings must be abandoned; if there is less than a majority protest received, then the proposal is within the Council's discretion as to whether or not to proceed. Volume 47 - Page 204 MINUTES INDEX Election/ Open S=A._` Asmt Dist CITY OF NEWPORT BEACH COUNCIL MEMBERS ' July 26, 1993 ROLL CALL s • • L_ Roy Butler, Willdan Associates, gave a brief slide presentation depicting: 1) land use benefit relative to environmental quality, recreational enhancement, and economic value; 2) benefit formula for single family, multi - family, mobile homes, and commercial /industrial institutional; 3) benefit units for non - residential, single family, multi - family and other; and 4) sample monthly benefit cost. Robert Shelton, representing Newport Beach Conservancy, addressed the Council, and stated their organization is three years old and consists of approximately 2,000 residents who are committed to preserving and acquiring properties that are of cultural, historical, and economic value to the community. Mr. Shelton introduced the following speakers in support of the proposed assessment district who stated they felt the acquisition of the open space will have community -wide benefits which will last many decades; it would be a good investment for the City long into the future; the quality acreage is sorely needed for additional recreational purposes for adults as well as children; acquisition of the properties will increase property values throughout the City and will give pride of ownership to all residents; acquisition could provide the City with a new Nautical Museum the community can call their own; more open space is needed for grass sports; if the properties were to be developed by The Irvine Company, it would be a tragic loss to the City; and voter ballot should be based on simple majority: Doreen Marshall, former Mayor of Newport Beach Taylor Grant, Chairman of the Parks, Beaches b Recreation Commission Marian Parks, resident, Corona del Mar Don Merritt, President, Newport Harbor Nautical Museum Dana Petit, President, Speak -Up Newport Greg Schwenk, Member, Environmental Quality Citizens Advisory Committee Karen Evarts, former member, Library Board of Trustees Morgan Sheflin, student, Newport Harbor High School Graham Evarts, 426 Via Piazza Dr. Muriel Thomson, retired psychologist, 17 Anza Street Art Gronsky, Citizen of the Year; Member of the Chamber of Commerce Audrey Moe, former President, Natural History Foundation Bill Hamilton, former President, Chamber of Commerce and businessman Jackie Heather, former Mayor of Newport Beach Volume 47 - Page 205 MINUTES Election/ Open Space Asmt Dist CITY OF NEWPORT BEACH COUNCIL MEMBERS �\ik ' \\A July 26, 1993 s ROLL CRLL MINUTES U,`IM Sarah Jorgensen, student, 1517 Election/ Highland Drive Open Space Joshua A. Corngold, student, 2241 Asmt Dist Donnie Road Frank Robinson, 4614 Wayne Road Mr. Shelton reported that he had also • received verbal personal support from Congressman Chris Cox, Senator Marian Bergeson, Assemblyman Gill Ferguson, and Supervisor Tom Riley. The following persons addressed the Council in opposition to the proposed assessment district: Frank Hughes, 1520 W. Ocean Front Stuart Williams, 1748 Bayport Way Lindsay Novay, 301 E. Edgewater Randy Johnson, 553 Seaward Drive Robert Lewis, 116 Marine Avenue Lou Von Dyl, 310 Fernando Vic Sherreitt, 400 S. Bay Front Clay Cass, 427 W. Promontory Drive Mike Sullivan, 121 Marine Avenue Ron Hendrickson, 1991 Port Claridge Place Leah Schwaner, 511 36th Street E.P. Benson, 1028 Westwind Way George Slater, 129 35th Street Helen M. Kierson, 620 Larkspur Doug Boyd, 2101 E. Balboa Boulevard • It was indicated by the above speakers that for many residents, the assessment could cause a financial hardship; the proposal is an "end run" around Proposition 13, and is not a wise use of tax dollars inasmuch as The Irvine Company has agreed to give more than half of the acreage on the Newporter North and Castaways sites to the City for open space; a cost benefit study should be done before proceeding; taxpayers are already being overtaxed; if approved, rents would have to be Increased and it could drive businesses out of the City; this proposal should be studied further; the property owners would not be getting their money's worth; and let the property owners decide this issue at a 66 -2/3% vote in November or next June. Richard Gartrell, President, Visitors and Conference Bureau, and Richard Luehrs, President, Chamber of Commerce, stated that their respective boards voted to recommend a 66 -2/38 majority vote in November. MacKenzie Brown, legal counsel, addressed the Council again and stated that with regard to underwater lots, if it is determined that the lot is buildable, it is usually assessed; however, if the lot is non - buildable, he recommends it not be assessed; the assessment can be paid off immediately following the formation of the assessment district and property owners can avoid all the costs of issuance; the assessment can also be paid off anytime Volume 47 - Page 206 COUNCIL MEMBERS ROLL C. LL s E C J CITY OF NEWPORT BEACH July 26, 1993 during the 30 -year period by paying the unpaid balance; the discharge figure if someone wanted to pay off on a residential family dwelling unit assessment, is estimated to cost $1433.22; if the assessment district is formed, The Irvine Company would be assessed for the properties they own that are within the boundaries of the assessment district; he does not anticipate any annual increase in the proposed assessment at this time, and stated there could be no increase unless a noticed public hearing is held before the City Council similar to that of a protest hearing; there are also special provisions in the State law which provides some type of financial relief for senior citizens. Mayor Turner asked that Miss Temple of the Planning Department explain what would happen to the Circulation Improvement and Open Space Agreement between the City and The Irvine Company, if the assessment district is formed. Patricia Temple, Advance Planning Manager, stated the subject development agreement was approved by the Council last year and involves a number of sites in the City and provides benefits to the City by way of increased land dedication as well as dollars for circulation system improvements; the primary effect of the acquisition of Castaways and Newporter North in terms of the agreement is an alteration in the financial profile related to the circulation improvement program; because the elimination of development would reduce fair share fees and also reduce The Irvine Company's obligation for fronting improvements, the end result is that a greater portion of the $20.6 million associated with the development agreement would be subject to the payback provisions of that agreement; the fair share fee would go down because less homes would be built; and the frontage improvements associated with the Castaways site would not be the obligation of The Irvine Company, but would become the obligation of the City; and therefore, those monies would still come, but would be subject to the payback provision. To separate the two sites out from the 12 parcels as a whole that are a part of the development agreement, the agreement results in an additional 24 acres of dedication beyond what the General Plan requires. What these totals represent is that on the Castaways and Newporter North sites under the General Plan 53.8 acres or 40% of the total site acreage would be open space in some manner; with the CIOSA agreement the City receives 77.8 of the total site acreage or 58% of the total acreage, the acreage differential being 24 acres; those 24 acres tend to be prime developable acres. Volume 47 - Page 207 MINUTES u Space Dist COUNCIL MEMBERS f s ROLL CRLL 0 Motion • X CITY OF NEWPORT BEACH July 26, 1993 In response to question raised by Council Member Sansone regarding frontage improvements, the Public Works Director stated there have been a number of questions as to whether or not the change in land use would result in a decrease in projected traffic volumes sufficient to revise the General Plan requirement to widen Dover Drive. The answer to that question in general is "no," the change in traffic generation would.not be of sufficient consequence to alter that. However, the widening of Dover Drive is related to at least one thing in addition to traffic volumes per se; there is a problem as to curvature and sight distance for northbound traffic northerly of the Cliff Drive intersection that needs to be addressed with slope regrading and widening at that curve. In addition, based on projected traffic volumes, the intersections of Cliff Drive, 16th Street and Westcliff Drive, should be revised and widened. It will take a detailed study to determine if the specific items mentioned will suffice or if additional widening will be needed. The funding of frontage improvements or widening can be handled in the same way as any other arterial improvement in the City. Following further comments, Mayor Turner requested that a staff report be brought back no later than August 23, 1993 outlining the terms of the subject development agreement and its effect on the City if the assessment district is approved, as well as a detailed procedure for the protest hearings. Motion was made by Council Member Watt to place this item on the November ballot. with the voter ballot percentage and ballot language to be determined later in the meeting. Council Member Hart requested the above motion be amended to reflect that the City Council is considering only open space when and if the properties are acquired, and if there are any buildings at all, it would only be on the Lower Castaways portion, where there could be a Nautical Museum, and further, that the activity parks that are being considered, would not have night lighting. Council Member Hodges spoke in opposition to the proposed assessment district pointing out that approximately 608 of The Irvine Company's properties set forth in the development agreement will be dedicated to the City for absolutely nothing; the properties can be used for active or passive park space, they can be lighted or not lighted, etc., it is up to the City Council; the development that is Volume 47 - Page 208 MINUTES Space Dist COUNCIL MEMBERS s ROLL CRLL i • Ayes Noes x Motion Motion Motion • CITY OF NEWPORT BEACH �OL\ \ July 26, 1993 proposed on those properties by The Irvine Company are the very portions that are not used to any great extent at this time; the Conservancy attempted to acquire these properties through private donations which failed, and as a result, a survey was then taken, but a 508 or more interest was not shown; he reiterated again that if the assessment is approved, the taxpayers would be purchasing; only 408 of the properties inasmuch as the other 608 will be dedicated to the City by The Irvine Company. Council Member Watt stated she had no objection to including the amendment to her motion as made by Council Member Hart, except that the lighting issue, playing fields, and open space uses would be subject to approval of the Parks, Beaches and Recreation Commission and City Council if the assessment district is approved. It was indicated by the City Attorney that it is somewhat premature to consider site specific restrictions on the proposed parks to be developed at this time; in addition, there has been a desire expressed to establish a Nautical Museum on the Lower Castaways site which is something that is not permitted in a Recreational and Open Space Zone currently; and therefore, a General Plan Amendment would have to be initiated and approved. The City Attorney reminded the City Council that this is an advisory measure only to be voted on in November, and does not bind the City Council in any way or "cast anything in concrete." The motion„ as amended by Council Member Hart and accepted in part by Council Member Watt, was voted on and carried. Notion was made by Council Member Sansone that the voter ballot percentage be set at 66 -2/38 majority. Substitute motion was made by Council Member Watt to set the voter ballot at 558 majority. A Second Substitute motion was made by Council Member Debay to set the voter ballot at 608 majority. Council Member Hedges noted that the City has taken over $3 million alone by way of increasing taxes (water rates, paramedic subscription program, business license and transient occupancy taxes, etc.,) and we wonder why sales tax revenues have decreased; a proposed sales tax increase will be on the November ballot, Federal taxes are going up and the State is continuing to raid Volume 47 - Page 209 MINUTES 10(0 Space Dist X x x x x X X X proposed on those properties by The Irvine Company are the very portions that are not used to any great extent at this time; the Conservancy attempted to acquire these properties through private donations which failed, and as a result, a survey was then taken, but a 508 or more interest was not shown; he reiterated again that if the assessment is approved, the taxpayers would be purchasing; only 408 of the properties inasmuch as the other 608 will be dedicated to the City by The Irvine Company. Council Member Watt stated she had no objection to including the amendment to her motion as made by Council Member Hart, except that the lighting issue, playing fields, and open space uses would be subject to approval of the Parks, Beaches and Recreation Commission and City Council if the assessment district is approved. It was indicated by the City Attorney that it is somewhat premature to consider site specific restrictions on the proposed parks to be developed at this time; in addition, there has been a desire expressed to establish a Nautical Museum on the Lower Castaways site which is something that is not permitted in a Recreational and Open Space Zone currently; and therefore, a General Plan Amendment would have to be initiated and approved. The City Attorney reminded the City Council that this is an advisory measure only to be voted on in November, and does not bind the City Council in any way or "cast anything in concrete." The motion„ as amended by Council Member Hart and accepted in part by Council Member Watt, was voted on and carried. Notion was made by Council Member Sansone that the voter ballot percentage be set at 66 -2/38 majority. Substitute motion was made by Council Member Watt to set the voter ballot at 558 majority. A Second Substitute motion was made by Council Member Debay to set the voter ballot at 608 majority. Council Member Hedges noted that the City has taken over $3 million alone by way of increasing taxes (water rates, paramedic subscription program, business license and transient occupancy taxes, etc.,) and we wonder why sales tax revenues have decreased; a proposed sales tax increase will be on the November ballot, Federal taxes are going up and the State is continuing to raid Volume 47 - Page 209 MINUTES 10(0 Space Dist COUNCIL MEMBERS IkXX 0 CITY OF NEWPORT BEACH \%\e July 26, 1993 Ayes Noes I x l x l x l x l x l x l x Motion Motion Ayes Noes • Motion All Ayes the local economy; but inasmuch as it appears that this will be going on the November ballot, he will support Council Member Debay's motion to set the voter ballot at 60 %. Mayor Turner emphasized again that the proposed formation of an assessment district is only an advisory measure, and it will not raise anyone's taxes. It is only after the protest hearings that a determination will be made as to whether or not the majority of the property owners want the assessment district, and therefore, want their taxes increased to pay for that benefit. The Second Substitute motion made by Council Member Debay was voted on and carried. The City Manger stated that in view of the foregoing, four resolutions relating to the election need to be adopted and forwarded to the County as enumerated in his staff report. Resolution No. 93 -55, calling and giving notice of a special municipal election to be held on Tuesday, November 2, 1993, for the submission of an advisory measure to the voters of the City of Newport Beach, was presented for consideration. Council Member Sansone stated he had given the City Attorney suggested language for the ballot measure which sets forth the approximate cost for each type of parcel affected. The City Attorney stated that the measure would read as presented in the proposed resolution, with the additional wording as follows: "The annual assessments not to exceed $120 per single family residential unit, $102 per unit for mobile homes, duplexes ($204) or apartments, $120 per each 2,000 square feet of commercial, industrial or institutional building area." Council Member Vatt stated she felt that mobile homes should be separated from apartments, and therefore, moved a motion to adopt Resolution No. 93 -55 as presented. Substitute motion was made by Council Member Sansone to adopt Resolution No. 93 -55 as presented, but that staff add to the ballot language the proposed assessment cost on a per unit basis, which motion carried. MINUTES Space Dist Res 93 -55 Motion was made by Council Member Res 93 -56 Sansone to adopt Resolution No. 93 -56 requesting the Board of Supervisors of the County of Orange to consolidate a special election to be held on November 2, 1993 with the statewide special election on the same date. Volume 47 - Page 210 X X X x x X X the local economy; but inasmuch as it appears that this will be going on the November ballot, he will support Council Member Debay's motion to set the voter ballot at 60 %. Mayor Turner emphasized again that the proposed formation of an assessment district is only an advisory measure, and it will not raise anyone's taxes. It is only after the protest hearings that a determination will be made as to whether or not the majority of the property owners want the assessment district, and therefore, want their taxes increased to pay for that benefit. The Second Substitute motion made by Council Member Debay was voted on and carried. The City Manger stated that in view of the foregoing, four resolutions relating to the election need to be adopted and forwarded to the County as enumerated in his staff report. Resolution No. 93 -55, calling and giving notice of a special municipal election to be held on Tuesday, November 2, 1993, for the submission of an advisory measure to the voters of the City of Newport Beach, was presented for consideration. Council Member Sansone stated he had given the City Attorney suggested language for the ballot measure which sets forth the approximate cost for each type of parcel affected. The City Attorney stated that the measure would read as presented in the proposed resolution, with the additional wording as follows: "The annual assessments not to exceed $120 per single family residential unit, $102 per unit for mobile homes, duplexes ($204) or apartments, $120 per each 2,000 square feet of commercial, industrial or institutional building area." Council Member Vatt stated she felt that mobile homes should be separated from apartments, and therefore, moved a motion to adopt Resolution No. 93 -55 as presented. Substitute motion was made by Council Member Sansone to adopt Resolution No. 93 -55 as presented, but that staff add to the ballot language the proposed assessment cost on a per unit basis, which motion carried. MINUTES Space Dist Res 93 -55 Motion was made by Council Member Res 93 -56 Sansone to adopt Resolution No. 93 -56 requesting the Board of Supervisors of the County of Orange to consolidate a special election to be held on November 2, 1993 with the statewide special election on the same date. Volume 47 - Page 210 CITY OF NEWPORT BEACH COUNCIL MEMBERS July 2b, 1993 Motion x All Ayes M On x All Ayes Motion All Ayes is x MINUTES Notion was made by Council Member Election/ Sansone to adopt Resolution No. 93 -57 Open Space relative to the filing of arguments and Asmt Dist rebuttals for the measure to be Res 93 -57 submitted to the voters at the Special Municipal Election to be held on November 2, 1993. Notion was made by Council Member Sansone to adopt Resolution No. 93 -58 directing the City Attorney to prepare an impartial analysis of the advisory measure to be submitted to the voters at the special municipal election to be held on November 2, 1993. CURRENT BUSINESS 28. NOMINATIONS TO CIVIL SERVICE BOARD FROM APPOINTMENTS COMMITTER (FOR APPOINTMENT OR AUGUST 9, 1993). Notion was made by Council Member Watt to confirm the nominations of Steven Bromberg and Robert Foster. Meeting adjourned at 12:33 a.m., Tuesday, July 27, 1993. The agenda for this meeting was posted on July 22, 1993, at 8:35 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Volume 47 - Page 211 93-58 Sery