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Home My WebLink About02/13/1995 - Regular MeetingROLL CALL • Present Excused Motion All Ayes Motion All Ayes • • Motion All Ayes CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers MINUTES N N a J TIME: 7:00 p.m. Of F-(r0 r w w >w H DATE: February 13, 1995 3 Qrtwwo�, h-Mp 0Z IND CLOSED SESSION - 5:00 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 6:55 p.m. RECONVENED AT 7:00 P.M. for reaular meetfna. x x x x x ROLL CALL: Mayor Hedges announced that Mayor Pro x x Tem Debay and Council Member Watt were excused from this meeting due to illness. x Reading of Minutes of Meeting of January 23, 1995, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. Greeting of Sister City Delegation from Okazald, Japan: Wendell Fish, representing Newport Beach Sister City Association, addressed the Council and introduced a delegation of six from Sister City Okazaki, Japan, who had won an essay contest entitled "What can I do to help International Relations?" A representative from the delegation also addressed the Council and expressed appreciation to the City for their hospitality and the opportunity to visit Newport Beach. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Council Member Glover requested that staff report back on the necessary steps to downgrade Dover Drive between Westcliff and Pacific Coast Highway from a major (6 lane) arterial to a primary (4 lane) arterial, and to have it removed from the Orange County Master Plan of Arterial Highways, Council Member Glover stated that if the widening were to occur, she felt it would not only urbanize and change the character of the area, but encourage more traffic into the Dover Shores, Cliff Haven, etc. neighborhoods. CONSENT CALENDAR x The following items were approved, except for those hems removed: Volume 49 - Page 48 IEX ROLL CALL • • [l CITY OF NEWPORT BEACH W Q 3 M Ld �>Ld Cl: 3 M LLi M Q Lal 2 x O U LL1 >Li o J L9 ~ z , O February 13, 1995 ORDINANCE FOR INTRODUCTION - Schee hearing on February 27,1995: 1. Proposed ORDINANCE NO. 95 -4, bell AN ORDINANCE OF THE Cir THE CITY OF NEWPORT BEACI THE CENTRAL BALBO, IMPROVEMENT DISTRICT. Assistant City Manager] RESOLUTIONS FOR ADOPTION 2. Resolution No. 95 -13 declaring the to establish the CENTRAL BALI IMPROVEMENT DISTRICT, APPOINTING BOARD, AND FIXING THE TIME AN PUBLIC HEARING. [Refer to repor item 1] CONTRACTS AND AGREEMENTS 3. REACH NO. 4/36 -INCH WATER PIPELINE (CONTRACT NO. 3004 -H) DEVELOPMENT PROJECT - Execui Services Agreement with AKM Consl to prepare detailed plans and sp construction of 5,000 feet of 36- water pipeline and give pressi stations and connecting water pip4 not to exceed $84,156. [ Repor Department] 4. WATER PIPELINE REACH NO. 2 (SANT) TALBERT CHANNEL) GROUNDWATER PROJECT (CONTRACT NO. 3004 -G) lowest bidder, C.K. Construction, requirements for completing t contract work; declare them the "lo award subject contract in the $1,518,762. [Report and Supplemen Utilities Department] 5. Removed from the Consent Calends 6 PERSONNEL VACANCIES - Report 1 Director. 7. CLAIMS - For Dental by the City Mangy Thomas Evans alleging City Refuse three of claimant's trash contaii Harbor Island Drive on January 18 reimbursement of $21. Olivia Nguyen alleging erosion to damage to claimant's property o Boulevard, Corona del Mar, which City storm drain. Volume 49 - Page 49 lule for public 111 r COUNCIL OF i ESTABLISHING 4 BUSINESS [Report from City's intention IOA BUSINESS AN ADVISORY D DATE Of A with agenda TRANSMISSION GROUNDWATER e Professional Ming Engineers ecifications for inch diameter ire regulating ;lines for a fee I from Utilities L ANA RIVER TO DEVELOPMENT Find that the aan meet the he proposed ov bidder," and amount of tal Report from r. rom Personnel rger. Division took iers from 519 1995; seeking hillside caused 1 3415 Ocean is adjacent to MINUTES INDEX Ord 95 -4 Central Bal Bus Impry District (27) Central Bal Bus Impry District Res 95 -13 (27) Grnd Wtr Dev Prj /Rch #4 C- 3004 -H (38) Grnd Wtr Dev Prj /Rch #2 C- 3004 -G (38) (66) (36) CITY OF NEWPORT BEACH luii►isllaw ROLL CALL (n C M¢ W XMM000 ¢� w N w 0 'W o? H - - February 13, 1995 INDEX James B. KamansId alleging vehicle damage as a • result of hitting cement median which separated the right lane from the two left lanes near University and Jamboree Roads on November 23, 1995. Warren R. Lindsay alleging sand caused sewer backup at 2060 E. Oceanfront on December 27, 1994; seeking reimbursement of $150 plumbing bill. Deborah L Neighbors for personal injuries as a result of trip and fall while jogging on November 1, 1994, alleging moss growing on sidewalk on Bison Avenue near intersection with Belcourt Homes. Marco A. Otero for personal injuries allegedly sustained on August 5, 1994 as a result of fall when exiting from boat due to gap between ramp and dock used by Orca Yacht Charters. For refection - late claim of Ellen A Rowland for personal injuries as a result of fall into open water main while jogging on July 16, 1994 on Jamboree and MacArthur Boulevards. • State Farm Insurance Company for Renee Dufrane for property damage to vehicle as a result of being hit on December 22, 1994 by Police vehicle on Transition Ramp to 55 Freeway. 20th Century Insurance Company for Klaus G. Girnue alleging he was rear ended on December 20, 1994 by City vehicle on N/W Transition Ramp of SR -1. S. Removed from the Consent Calendar. 9. TUSTIN AVENUE STORM DRAIN AND RIVERSIDE Tustin Av Stx AVENUE AND CLIFF DRIVE STREET RECONSTRUCTION Drn /Rvrsd Av BETWEEN IRVINE AVENUE AND PACIFIC COAST Cliff Dr St HIGHWAY (CONTRACT NO. 2782) - Approve an Rcnst /Irvine- exception to the capital projects moratorium; PCH affirm the Categorical Exemption of Environmental C -2782 Impact; approve the plans and specifications and (38 ) authorize staff to advertise for bids. [Report from Public Works Department] 10. MINUTES OF UNDERGROUND UTILITIES (24) COORDINATING COMMITTEE DATED JANUARY 18, 1995. 11. CHARLOTTE GREENE PERMIT DENIAL APPEAL - Deny Greene /Permit request for a massage technician permit based on (27 ) the recommendation in the staff report. [Report from Finance Department /Revenue Manager] Volume .49 - Page 50 ROLL CALL • • CITY OF NEWPORT BEACH MINUTES N Q Q 3 q¢wwo� W r- F- XM2Z Q w U) M x UU0 le > o H L,.i z February 13, 1995 IND 12. OMAR JOHAR ESCORT SERVICE PERMIT DENIAL Johar /Pa APPEAL - Deny request for escort service based on (27 ) the recommendation in the staff report. [Report from Finance Department /Revenue Manager] 13. BUDGET AMENDMENTS (40) BA -022, $4,812.50 - Increase the Newport Beach Public Library Revenue Estimates and appropriate funds to expenditure account. [Memorandum from Community Services Director] BA -023, $4,000 - Appropriate funds for the addition of a part-time position assigned to helping with the Rideshare Program; Public Works/Traffic/Parldng- Employee Rideshare Program. [Memorandum from Traffic Engineer /Public Works Department] BA -024, $6,936 - Increase the Newport Beach Public Library Revenue Estimates and appropriate funds to expenditure account; Library Services - California Literacy Campaign. [Memorandum from Community Services Director] BA -025, Removed from the Consent Calendar. Supplemental Item - Consent Calendar 20. Report from Public Works Department concerning Castawa CASTAWAYS PARKS, recommending the following: (62 ) (1) Receive and file the letter from Tom Redwitz, Vice- President of The Irvine Company dated. February 7, 1995, regarding Upper /Lower Castaways; (2) Based on the letter from The Irvine Company, direct the staff to proceed with the design of an active park at the 16th Street and Dover Drive 4.8 acre site; (3) Direct the staff to prepare additional conceptual evaluations of the Viewpark on Upper Castaways which provide adequate public access, parking, trails, view points, and grading for slope erosion control. The main site access road will intersect Dover Drive opposite Cliff Drive. Cancel the February 27 public hearing on the alternative park plans and direct staff to discuss the Viewpark conceptual evaluations on Upper Castaways with concerned and interested parties. Schedule City Council consideration of the conceptual evaluations within 60 days; and (4) Authorize the Mayor and City C -3032 Clerk to execute a professional services agreement (3 8 ) With the Landscape Architectural firm of Purkis- Rose - RSI to prepare plans and contract documents for the active park and additional conceptual evaluation of the Upper Castaways Viewpark. Volume 49 - Page 51 IEX �rmit ys Pr) CITY OF NEWPORT BEACH MINUTES ROLL CALL N M ¢'-¢' 3~ q¢wwoJ8 L,� 3g2UC70 P° N g x 'W o H z February 13, 1995 INDEX • ITEMS REMOVED FROM THE CONSENT CALENDAR 8. PLANNING COMMISSION AGENDA for February 9, (68) 1995. Motion x Motion was made by Council Member Glover to All Ayes schedule public hearing on March 13, 1995 for Use Permit No. 3548 relative to a proposed Granny Unit in the R -1 District, and to receive and file the remaining actions. 5. Report from General Services Director Landscape Wes recommending PRIVATIZATION OF ROADSIDE Privatizatior LANDSCAPE MAINTENANCE - Accept proposal of Roadside Mntr Landscape West, Inc., at an annual cost of C -3033 $136,615 for a period of five years and direct staff (38 ) to implement the reassignment of the four impacted employees concurrent with the beginning of work by the contractor on March 1, 1995. [Report from General Services Director] Robin Nahin, 3924 14th Street, Long Beach, representing the Newport Beach Employees League, addressed the Council regarding the impact of the proposed privatization on the four City employees who will be demoted as a result thereof. She indicated they felt that "contracting out' for this work was not necessarily good for the residents of the City and that privatization does not always save money in the long run. She stated they felt that if the proposed contract is approved, the level and quality of service will decline. She also noted that the four affected employees will lose between $500 and $1000 per month in salary, and as a result, lawsuits could be forthcoming. In closing, she urged the City to consider Y- Rating the four affected employees in order that they remain at their current level of pay for one year. Mark Moritz 311 Sidney Lane, addressed the Council and stated that he is one of the City employees who will be demoted as a result of the proposed contract, and if approved, he will lose over $9,000 a year in wages. He stated that he has had two major knee surgeries, but has returned to work; he feels he is a productive employee, and has been going to school to better himself on the job. • Dolores Citing, 17 Hillsborough Drive, addressed the Council regarding the salaries of management, and the need to improve the maintenance program of City -owned equipment. Volume 49 - Page 52 CITY OF NEWPORT BEACH MINUTES ROLL CALL. Q¢ 3 � W Q= LJ w o U > J? U o February 13, 1995 INDEX In response to some of the above remarks, the City Privatizatior. • Manager stated that with over 650 City employees, Roadside Mntr he does not take their concerns or cares lightly, but at the same time, he has an obligation to the City to provide services in the best manner possible at the lowest cost. He stated that because of economics it has become a trend in the last few years to restructure the organization; "squeeze as much productivity as is possible out of the work force ;" and to take a look at creative ways in which to save money in order to get the some work done cheaper, faster and better. With regard to the demotion of the four employees, he stated it was felt that Y- Rating these employees would be more demoralizing in the long -term inasmuch as salaries are frozen until raises over time catch up. The City Council did meet in Closed Session to review the proposals made by the Employees League, and did make some suggestions to mitigate those concerns. Regarding the proposed contractor, Landscape West, Inc., the City Manager stated that staff has investigated their previous work references, ® financial information and stability, and they come with high marks, and therefore, he recommended the action on the agenda be approved. He also stated that staff will continue to work with these employees realizing this action will have a destabilizing effect on overall employee morale. Motion x Council Member O'Neil commented that he is on record as not strongly in support of the concept of privatization because he felt that in the long -term the City can perform certain services better. However, the financial picture is different today; the money is not there as before, and therefore, in the short-term, the City is having.to take certain actions which are very distasteful such as layoffs and reducing salaries of loyal employees. He felt that because of the tight budget constraints the City is facing, there is no doubt in his mind, based upon the information provided him, the subject services can be provided by outside contract in a more cost - effective manner, and therefore, moved to accept the proposal of Landscape West, Inc., and approve the recommended action. • It was noted that the above work will commence March I, 1995. Volume 49 - Page 53 CITY OF NEWPORT BEACH MINUTES ROLL CALL N BE 3� A X W A=° N u M X � > 0 J w Z o February 13, 1995 INDEX Council Member Glover stated that she is in • support of the motion, but added that this is a very unpleasant task. She noted that the City Manager will be speaking to the community concerning the budgetary problems that have been building up over a period of years, and stated similar issues will be addressed in the future. She stated that basic services must be provided, and unfortunately for some, this is one way of doing it. Mayor Hedges stated the City takes great pride in the quality of its employees, and it's unfortunate the City Council must make these kinds of decisions due to budget constraints, however, the City must continue to investigate more ways in which it can make the entire organization more efficient in terms of privatization, restructuring, etc. He emphasized that four positions in the Parks Division were held open in order that no employees would have to be laid off and that no one is losing their job as a result of the proposed contract. AWyes There being no further comments, the motion was voted on carried. 13, BA -025, $202,559.23 - Transfer from Budget Amnd unappropriated Internal Service Fund for vehicle 025 replacement reserves to fund purchase of 10 (4 0 ) Chevrolet Caprice Police Patrol cars. (Report from General Services Director). Dolores Otting, 17 Hillsborough Drive, addressed the Council and inquired as to why the subject patrol vehicles were not purchased in Newport Beach rather than in the City of Alhambra. She also discussed the City's policy with respect to vehicle trade -ins. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that a similar issue came up before the City of Costa Mesa and the same questions were raised. He indicated that cities are urging residents to spend their tax dollars within the city they reside, but yet the public agency who should be setting the example is going outside that jurisdiction to purchase. He stated that "if you want us to support you, then you have to support us." The City Manager advised that the staff is replacing vehicles with longer service life than ever before, and the City is currently reviewing its policy to extend that period even longer. Volume 49 - Page 54 CITY OF NEWPORT BEACH MTNTTTF� ROLL CALL Q w ¢ s W r= W xx U w o c9 w z o - - -- - - -- February 13, 1995 INDEX The General Services Director noted in his staff Budget Amnd • report that at the November 14, 1994 City Council 025 meeting, staff was directed to prepare a letter of Intent to purchase 10 1995 Chevrolet Caprice police patrol cars from Wondries Chevrolet of Alhambra at a cost of $202,559.23. This purchase was a piggyback on a Los Angeles County Sheriff contract. The City requested delivery of the vehicles in July of 1995, and the cars were to be purchased with FY 1995 -96 funds. However, the City was recently informed that their Letter of Intent would not be honored due to a large number of orders for police vehicles that exceeds the manufacturing capacity of the Chevrolet plant. As noted in his staff report, GMC will attempt to honor purchase orders for the 1995 units, but only if the City issues a purchase order on or before the deadline, and in order to meet the February 3, 1995 deadline, staff issued a purchase order for 10 units on February 3 which can be canceled should the Council direct otherwise. With respect to the Chevrolet dealership in Newport Beach, he stated that the City has purchased vehicles from that agency when it is a single item, competitive bid or • a special model they cannot obtain anywhere else. The agency is given an opportunity to bid. He also added that staff will not be taking any patrol vehicles out of service prior to having 75,000 miles, and that he and the Police Chief will be looking at utilizing Crown Victorias for patrol cars in the future inasmuch as the Chevrolet Caprice factory will be closing sometime this Summer. Motion x Hearing no other comments, motion was made by All Ayes Council Member Edwards to approve BA -025 as requested. PUBLIC COMMENTS Elaine Unhoff, 1760 E. Balboa Boulevard, addressed the Council and extended an invitation to the Orange County Philharmonic Society Youth Concert on Wednesday, February 22, 1995 at 9:30 a.m. at the Performing Arts Center. She stated the Society sponsors 14 youth programs, and serve 275,000 children from public and private schools. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding the maintenance of Newport Pier, and suggested that consideration be given to hiring a retired individual who would be provided with a push cart to collect refuse from one end of the pier to the other. He felt his idea was a possible solution to the cleaning of the pier and that it would be very cost - efficient. He also discussed budgetary constraints hand who is responsible), parking meter rates and the loss of sales tax revenues. Volume 49 - Page 55 CITY OF NEWPORT BEACH MINUTES ROLL CALL U) ¢��U X w3gi°do F- M M x WW o z February 13, 1995 INDEX • ORDINANCE FOR ADOPTION 14. Proposed ORDINANCE NO. 95 -3, being, Ord 95 -3 Parking AN ORDINANCE OF THE CITY COUNCIL OF THE CITY (B 5 ) OF NEWPORT BEACH REVISING SECTION 12.44.020(B) OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING REMOVAL OF SIX METERED PARKING SPACES ON MAIN STREET NORTHERLY OF BAY AVENUE. Recycled report of January 23, 1995 from Traffic Affairs Committee and Assistant City Manager. It was noted that this action is the first step of the Balboa Merchants /Owners Association in their overall program to enhance the pedestrian nature of Main Street. The Traffic Affairs Committee concurs with the concept and recommends the removal of these six parking spaces. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that before the City spends money on beautification of the Balboa /Main Street area, he would suggest staff contact the business • owners in the McFadden Square area regarding their loans to beautify that area, and how their businesses are currently doing economically. Motion x Hearing no other comments, motion was made by All Ayes Council Member O'Neil to adopt Ordinance No. 95 -3. CURRENT BUSINESS 15. Report from City Manager concerning MOU /Fletcher MEMORANDUM OF UNDERSTANDING WITH CITY OF Jones Motor - NEWPORT BEACH, FLETCHER JONES MOTORCARS cars /TIC AND THE IRVINE COMPANY, and approval of three Professional Services Agreements for Environmental, Planning and Engineering Services related to Implementation of the MOU. The City Manager advised that last April the City was informed Fletcher Jones Motorcars was considering moving out of the City and looking at a site in Irvine and other locations, and as a result, City staff, consistent with one of the City's stated economic development goals of retaining • businesses within the community, has been meeting with Fletcher Jones, Jr. and Wesley Taylor to work on a site and terms which would retain this business in the City. Fletcher Jones Motorcars is the City's number one sales tax producer from one location ($500,000 annually), and a loss of the Volume 49 - Page 56 CITY OF NEWPORT BEACH MINUTES ROLL CALL q 3 nw 1 3 a U1 g wM x ° � o d J z o February 13, 1995 INDEX dealership would create a major loss of sales tax MOU /Fletcher dollars to the City's General Fund on an on -going Jones Motor - basis. After extensive discussions of alternatives, all cars parties concluded that the only location that would work within the City of Newport Beach was the San Diego Creek North site located on Jamboree Road and Route 73. The City Manager summarized the key provisions contained in the MOU as enumerated on pages 3 and 4 of his report. He also noted that the City's estimated cost to assist in entitlement process ($155,000) will be reimbursed to the City, if within five (5) years of dealership opening, the dealership has failed to generate $2.0 million in sales tax revenues to the City, unless actions outside Fletcher Jones Motorcar's control prevents that sales tax production (plant closure /st(kes /natural disaster). Discussion ensued wherein the City Manager and City Attorney responded to questions of Council Member Glover regarding certain provisions in the CIOSA document, and confirmed the fact that no toxic or hazardous materials have been used, stored or disposed of on the site. Dolores Otting, 17 Hillsborough Drive, addressed the Council and submitted a list of questions and comments regarding this project. She expressed her concern as to what the actual "true" cost will be to the City for this development, and also asked for clarification regarding certain provisions in the MOu. In response to one of the remarks made by Mrs. Otting, the City Attorney pointed out that the subject MOU is essentially an agreement to agree, and that up until last Friday there was nothing to bring before the Council until now. The development agreement will probably not be ready for approximately 90 to 120 days, and when it is finalized, it too, will be brought before the Council for approval and full public scrutiny. Richard Luehrs, President, Newport Harbor Area Chamber of Commerce, addressed the Council in support of the Fletcher Jones proposal and the • MOU. He stated the City has the opportunity to demonstrate that the issue of economic development is very real; the City also needs the revenues this project will generate; the new proposed location will provide for enhanced visibility which should increase revenues over what is currently being received, and the City should move forward with this project. Volume 49 - Page 57 CITY OF NEWPORT BEACH MINUTES ROLL CALL U71 Cr W3Q=°od H Cr M 3 0 n W O X W z o February 13, 1995 INDEX Wesley Taylor, 2001 Sabrina Terrace, Corona del MOU /Fletcher • Mar, representing Fletcher Jones Motorcars, Jones Motor - addressed the Council in support of their proposal. cars He stated they felt the proposed site will work for all parties and will provide an excellent use for a very difficult piece of property. The cost of developing the property (just to make it usable) will be approximately $3 million, and in addition to that amount, they estimate $5 to $6 million will be spent on the building. The only cost to the City of Newport Beach to retain its number one sales tax generator will be approximately $155,000. Sid Softer, 900 Arbor Street, Costa Mesa, addressed the Council in support of the subject proposal, but also indicated he felt the "small business owner" in the City deserves the same type of treatment as that of Fletcher Jones. Jerry King, Member of the Economic Development Committee, addressed the Council in support of the MOU and the professional service agreements that would implement the MOU. He felt the proposal captures the needed revenue, retains a • quality corporate citizen, and protects the level of service residents are accustomed to receiving. The City cannot and should not be complacent in retaining attractive businesses. Rush Hill, Chairman of the Economic Development Committee, addressed the Council and stated that their Committee unanimously approved the subject proposal and recommends the City move forward with the MOU. The Committee believes this project is an excellent defensive move to protect nearly $500,000 in sales tax revenue annually as well as increase that revenue because of the improved site. He also complimented the City Manager and City Attorney for their efforts and creativity to protect this asset for the City. Motion x Hearing no further comments, motion was made C- 3026 by Council Member O'Neil to approve the MOU (38) and contracts with: LSA Associates to perform Environmental Services for a fee not to exceed $94,000; A.S.LConsulting Engineers to perform Civil Engineering and Surveying Services for a fee not to exceed $94,000; and Pacific Soils Engineering, Inc., • to perform Geotechnical Engineering and Site Assessment Services for a fee not to exceed $17,000. Council Members also commended the City Manager and City Attorney for the time they spent in negotiating this proposal on behalf of the City. Volume 49 • Page 58 CITY OF NEWPORT BEACH MINUTES ROLL CALL N ¢�¢' X WXP=°0o pq Ln P X 'y 'w o H z February 13, 1995 INDEX In response to the nine questions raised earlier by MOU /Fletcher • Dolores Otting, the City Manager commented as Jones Motor - follows: cars I) The City's cost in connection with this project has been modified from $155,000 to $142,000 due to the fine - tuning of the professional service and engineering costs. 2) The agreement with Berkery/Pickard for this project in the amount of $70,000 has been reduced to $60,000. 3) It is impossible at this point in time to estimate the time spent by staff on this project, other than it will be substantial. 4) The City's cost for preparing an EIR for this project is estimated at $47,000. Also, Pacific Soils Engineering, Inc. will perform geotechnical engineering, etc., estimated not to exceed $17,000. 5) When the flyover is constructed, the City will • seek funding from either the San Joaquin Hills Transportation Corridor Agency, Measure M, etc. 6) The extension beyond the 600 foot current planned extension will be funded through other public agencies and grant funds, and the City is under no obligation to fund that portion of the roadway. 7) The costs for grading and preparation estimated at $900,000 will be bome by Fletcher Jones, 8) Fletcher Jones pays for the costs incurred referenced in question No. 8. 9) Fletcher Jones will pay standard property taxes. All Ayes The motion on the floor was voted on and carried. 16. Report from Public Works Department concerning Assessment UNDERGROUNDING UTILITIES IN PROPOSED District Nos. • ASSESSMENT DISTRICT NO. 64 (CHANNEL ROAD FROM "M" STREET TO OCEAN BOULEVARD), 64/67 & 72 (89 ) PROPOSED ASSESSMENT DISTRICT NO. 67 (IN BLOCK 133, CORONA DEL MAR BOUNDED BY FERNLEAF AVENUE, SEAVIEW AVENUE, GOLDENROD AVENUE AND BAYVIEW DRIVE) AND PROPOSED ASSESSMENT DISTRICT NO. 72 (BALBOA COVES). Volume 49 - Page 59 CITY OF NEWPORT BEACH MINUTES ROLL CALL U) ¢�cr 3 W H 3 pM ; ill s _ x ° 0Y 'W o d J w o February 13, 1995 INDEX The Public Works Director summarized the history Assessment • connected with each of the proposed Assessment District Districts, and stated that the recommended action Nos. 64/67 & is to adopt a series of resolutions which will enable 72 the Districts to be formed and public hearings to be scheduled. Mackenzie Brown, Legal Bond Counsel, addressed the Council and reviewed the procedure to be followed in implementing the Underground Utility Assessment Districts. It was noted that informal community meetings will be held prior to the public hearings on each of the Assessment Districts in order to receive input and hear concerns from affected property owners. Council Member O'Neil referenced Underground Utility District No. 67 which only has 5790 of the property owners in favor of its formation, and stated he is hopeful that prior to the public hearing the property owners within this District will have resolved their disagreements and that the percentage in support of the District will be raised • to 60% which is the amount the City has used as a guideline for proceeding with a District. Elaine Unhoff, 1760 E. Balboa Boulevard, addressed the Council and questioned why the area approximately between Main Street and "F" Street was not included in Assessment District No.64. Mayor Hedges responded that the above area could not be included in the subject district because of acquisition of easements by Southern California Edison Company, but that it will be included in a separate district in the future. Bob Anderson, 204 -1/2 Femleaf Avenue, addressed the Council and requested that action be deferred on District No. 67 at this time in order to give their group an opportunity to study this item further. Council Member O'Neil stated he respects Mr. Anderson's request, but inasmuch as there will be an informal community meeting in addition to two public hearings on this matter, he felt this was • adequate time in which to resolve the issues within that District. It was noted that the community meeting for District No. 67 will be April II at 7 p.m. at the Oasis Senior Center in Corona del Mar. Motion x Hearing no further remarks, Council Member O'Neil All Ayes moved to adopt the following resolutions: Volume 49 - Page 60 ROLL CALL c: • • CITY OF NEWPORT BEACH MINUTES Cn M cl: 3 QX F H C[: as U, i> M Z:UU0 X Q' >w O H z February 13, 1995 IND RESOLUTION NO. 95 -14 MAKING APPOINTMENTS Res 95 -1 in proposed Assessment District No. 64, 67 & 72. Approve the Special Counsel Agreement to provide legal services in connection with the proposed assessment proceedings and bond issuances and authorize the City Manager to execute the agreement. District No. 64: RESOLUTION NO. 95 -15 MAKING FINDINGS ON Res 95 -: PETITIONS submitted by property owners. RESOLUTION NO. 95 -16 ADOPTING BOUNDARY Res 95 -: MAP approving boundaries of proposed Assessment District. RESOLUTION NO. 95 -17 declaring intent to Res 95 -: finance improvements through the issuance of bonds. RESOLUTION NO. 95 -18 PASSING ON ENGINEERS Res 95 -: REPORT AND SETTING PUBLIC HEARINGS; giving preliminary approval to the report, and setting the dates, time and place of the two (2) public hearing as shown below. District No. 67: RESOLUTION NO. 95 -19 MAKING FINDINGS ON Res 95 -: PETITIONS submitted by property owners. RESOLUTION NO. 95 -20 ADOPTING BOUNDARY Res 95 -: MAP approving boundaries of proposed Assessment District. RESOLUTION NO. 95 -21 declaring intent to Res 95 -: finance improvements through the issuance of bonds. RESOLUTION NO. 95 -22 PASSING ON ENGINEERS Res 95 -, REPORT AND SETTING PUBLIC HEARINGS; giving preliminary approval to the report. and setting the dates, time and place of the two (2) public hearings as shown below. District No. 72: RESOLUTION NO. 95 -23 MAKING FINDINGS ON Res 95- PETITIONS submitted by property owners. RESOLUTION NO. 95 -24 ADOPTING BOUNDARY Res 95- MAP approving boundaries of proposed Assessment District. Volume 49- Page 61 EX 5 3 7 E] 19 >.1 >2 ?3 24 ROLL CALL • C CITY OF NEWPORT BEACH MINUTES cri Q X M¢ W F —MQXOZ X Q W P W X O 0 > J, 0 w 0 February 13, 1995 I RESOLUTION NO. 95 -25 declaring intent to Res 95- finance improvements through the issuance of bonds. RESOLUTION NO. 95 -26 PASSING ON ENGINEERS Res 95- REPORT AND SETTING PUBLIC HEARINGS;. giving preliminary approval to the report; and setting the dates, time and place of the two (2) public hearing as shown below. PUBLIC HEARING SCHEDULE RESOLUTION OF 1ST PUBLIC 2ND PUBLIC PROJECT INTENTION, etc. HEARING HEARING AD NO. 72 Feb-13,1995 Mar 27, 1995 Apr 10, 1995 AD NO. 67 Feb. 13, 1995 Apr 24, 1995 May 8, 1995 AD NO. 64 Feb. 13, 1995 May 22, 1995 June 12,199, 17. Report from Marine Department regarding HARBOR Harbor PERMIT APPLICATION NO. 110 -1124 BY KOUSSAY No. 110 OKKO TO REVISE RESIDENTIAL FLOAT BAYWARD OF (51) 1124 EAST BALBOA BOULEVARD. Council Member Edwards excused himself from the dais due to a conflict of interest. Jim Turner of the Marine Department noted that this application is before the City Council at the request of the applicant as a result of a denial of his permit to extend his dock to the U.S. Pierhead Line. Section 23.C. of the Harbor Permit Policies allows the extension of floats to the U.S. Pierhead Line in this location, however, in this two block area between C and E Streets, all of the property owners have held their docks back 16 feet from the U.S. Pierhead Line, and essentially are the same distance bayward from the bulkhead line. This has occurred as a result of a mutual agreement by the affected property owners to limit the size of boats bayward of the properties. A copy of that agreement is on file in the Marine Department and indicates that the restrictions expired as of January I, 1980. As a result of this agreement, an unofficial pierhead line has been established over the years, contrary to the Harbor Permit Policies, and all of the docks in the area have adhered to that unofficial pierhead line. However, the subject applicant proposes to extend his dock approximately 16 feet bayward of the adjacent floats out to the U.S. Pierhead Line. The Marine Department is concerned that allowing an extension of the U.S. Pierhead Line in this area has the potential for creating navigational problems for the reasons as enumerated in their staff report. Volume 49 - Page 62 NDEX 25 26 Permit -1124 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q 3 W XMX000 N q x W o H z February 13, 1995 INDEX Mr. Turner advised that property owners in the area Harbor Perm • were notified of the proposed permit and two #110 -1124 letters were received back (one in favor and one opposed), as well as a petition containing nine signatures from homeowners in the 1100 block in support of the application. Peter Swift, 500 30th Street, owner of Swift Slip Dock and Pier Builders, addressed the Council in support of the subject application and stated if approved, all the boats will be in a direct line and it would provide more space on the beach fronts. He stated that inasmuch as the request is not in opposition to Council Policy, he felt the application should be approved. Dan Gilliland, 1134 E. Balboa Boulevard, addressed the Council and stated he resides in approximately the center of the subject neighborhood, and felt it was time for change inasmuch as the boats in his area are much larger than in the past and the majority of the residents in the area are in support. He stated that if this is approved, he would suggest • that there be a restriction that no additional footage be allowed beyond the pterhead line. Following discussion, the City Attorney recommended this item be continued to allow staff to take another look at this particular application in light of existing Council Policy and taking into consideration the comments of Mr. Gilliland. Motion x There being no further remarks, motion was made Ayes x x x x by Mayor Hedges to direct the Harbor and Beaches Abstained x Committee to review Council Policy H -1 as N relates to this application and report back on March 13,1995. Council Member Edwards resumed his seat at this time. 18. Report from Assistant City Manager recommending Economic Dev amendments to ECONOMIC DEVELOPMENT Committee COMMITTEE. (2 4 ) The City Manager noted that in the Council packets received on Wednesday, February 8th, there was a staff report regarding the City Council's consideration of a new resolution amending the composition of the Economic Development Committee. As indicated in the memorandum accompanying the resolution, the Mayor, Chairman of the Economic Development Committee, and the Assistant City Manager discussed the various changes and had circulated Volume 49 - Page 63 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q C a W � F- Xmmuuuo Q m 0 Q x 'W o z February 13, 1995 INDEX the some to the two Council Members who are the Economic Dev • liaisons to this Committee. The two Council Committee Members who serve in this liaison role, Norma Glover and John Cox, have had additional time to review the proposed resolution and now propose that the membership be modified as follows: A. From City Organizations: I. Two City Council Members The City Manager stated that he has had discussions with the Mayor, Council Members, and Planning staff regarding the recommendation to delete a Planning Commissioner, and it was indicated to him that it has proven helpful in the past to have that liaison with the Planning Commission. Council Member Glover, Member of the Economic Development Committee, stated that • approximately six months ago the Committee made a commitment to "business," and if a Planning Commissioner is added to this Committee, she just wanted to make sure that that particular Planning Commissioner comes from a business background. Dolores Otting, 17 Hillsborough Drive, addressed the Council and asked if the Economic Development Committee falls under State guidelines and its members are required to file annual financial disclosure statements, etc. In reply to the above, Mayor Hedges stated that members of the Economic Development Committee are appointed by the City Council; can only make recommendations to the City Council and Planning Commission; and do not fall under any guidelines of the State. Council Member O'Neil complimented Rush Hill, Chairman of the Economic Development Committee, for the fine work he has done since its inception, and stated he hopes that Mr. Hill continues to keep his enthusiasm and vigor in �. taking this Committee forward in 1995. He stated he also favors adding a Planning Commissioner to the Committee. Motion x Following consideration, motion was made by Res 95 -27 Council Member Cox to adopt Resolution No. 95 -27 with two Council Members and a Planning Commissioner, and all other Hems as recommended. Volume 49 - Page 44 ROLL CALL • All Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES U) Q X waA F cc: n 0 Q = x °moo x > M o N W z February 13, 1995 INE Council Member Edwards stated he supports the motion, but would like to request the Economic Development Committee look at businesses that have failed in the City to determine why this has occurred and report back. Council Member Edwards and Mayor Hedges also thanked Mr. Hill for the time he has put forth on the Economic Development Committee and for what the Committee has accomplished. The motion was voted on and carried. 19. BICYCLE TRAILS COTIZENS ADVISORY COMMITTEE BT /CAC VACANCY. x Motion was made to confirm (District 6) Council Member O'Neil's appointment of Norman Moyer (2157 Miramar) to fill unexpired term of Michael Kranzley, ending December 31, 1995. Meeting adjourned at 9:50 p.m., to 4:00 p.m., February 27, 1995, for Joint Meeting with Youth Council. ssssesssasesssssssss The agenda for this meeting was posted on February 8, 1995 at 4:25 p.m., and the supplemental agenda was posted on February 10, 1995 at 11:50 a.m, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. =W J— Mayor ATTEST: City Clerk PICO , �m � 9zip RN`s, Volume 49 - Page 65 EX