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HomeMy WebLinkAbout04/10/1995 - Regular MeetingROLL CALL • Present Motion All Ayes Mot35n All Ayes 0 CITY OF NEWPORT REGULAR COUNCIL MEETING BEACH MINUTES q� ¢ 3 q¢wwOJ, W H HpgMX0z 3g2UC70 ¢ LLJ U 't > J W PLACE: Council Chambers TIME: 7:00 P.M. DATE: April 10, 1995 IND CLOSED SESSION - 5:00 P.M. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 6:55 a.m. RECONVENED AT 7:00 a.m. for reaular meeting X X X X X X X ROLL CALL Council Member Edwards asked that his request on Page 100 of the Minutes of March 27, 1995, be corrected to read as follows: "That staff report back on May 8, 1995 expanding the appeal process on Specialty Food Uses to include not only the applicant, but anyone who desires having the right to appeal the action of the Planning Department to the Modifications Committee." X Reading of Minutes of March 27, 1995 was waived, approved as corrected in the foregoing, and ordered filed. X Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. Mayor Hedges presented a Proclamation to John Nicoll, Chairman of the Library Board of Trustees, in recognition of NATIONAL LIBRARY WEEK, APRIL 9 - 15, AND THE 75TH ANNIVERSARY OF THE NEWPORT BEACH PUBLIC LIBRARY. Mayor Hedges presented a Proclamation to Rusty Price, Chief Building Inspector, in recognition of NATIONAL BUILDING AND SAFETY WEEK, APRIL 9 - 15. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: • Council Member O'Neil requested that staff report back on May 8, 1995, regarding CalTran's proposal to remove unsignalized crosswalks on PCH in Corona del Mar when the highway is resurfaced and restriped, and if possible, that a representative from CalTrans be in attendance at that meeting. • Council Member Glover requested that the communication dated March 30, 1995 from- Harold Jasper regarding the City's Paramedic program, etc., be referred to the Finance Committee for consideration on April 24, 1995, and report back. • Council Member Glover indicated she felt the City's Campaign Reporting laws should coincide more with State regulations, and requested that the Legislative Committee review this issue and report back. Volume 49 - Page 118 IEX ROLL CALL • Motion All Ayes t CITY OF NEWPORT BEACH MINUTES U i Q F- ¢ > w April 10, 1995 3 H M n 0Z QQww0_J, LJ xmmuu0 IND • Mayor Pro Tern Debay requested that staff investigate and report back on Senate Bill 674 relative to property tax revenues when areas are annexed, and whether or not the City should oppose or support such legislation. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None. CONSENT CALENDAR X The following Items were approved, except for those Hems removed: ORDINANCE(S) FOR INTRODUCTION 1. Removed from fhe Consent Calendar. RESOLUTION(S) FOR ADOPTION 2. Removed from the Consent Calendar. CONTRACT(S) AND AGREEMENT($) 3. UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL Upper NI AND ENHANCEMENT PROJECT AUTHORIZATION TO Unit II: PROCEED WITH BIOASSAY WORK - Approve C -2987 Consultant Services Agreement, with Toxscan Inc., (3 8 ) to perform the Unit III Upper Newport Bay Bioassay work for a fee not to exceed $212,000 and authorize the Mayor and City Clerk to execute the agreement; approve the Cooperative Funding Agreement with the Dover Shores Community Association for its share of the subject Bioassay work in the amount of $30,000 and the Cooperative Agreement with The Irvine Company in the amount of $200,000; and authorize the Mayor and City Clerk to execute the agreement; Approve Budget Amendment No. 033, in the amount of $305,000 for the Unite III Sediment Control and Enhancement Project which provides for the contributions from the Irvine Company, Orange County and the Dover Shores Community Association. [Report from Public Works Department] 4. CONTRACT FOR WORKERS COMPENSATION - ARMS /Wo Approve Contract No. 3040 to provide Third Party Comp C- Administration (TPA) services for the self- insured (3 8 ) Workers Compensation programs of the Cities of Newport Beach and Costa Mesa, by Hazelrigg Risk Management Services, Inc. (HRMS). [Report from Personnel Director /Risk Manager] 5. Removed from the Consent Calendar. Volume 49 - Page 119 EX )t Bay : /Bioas, rkers 3040 Re CA 4 CITY OF NEWPORT BEACH MINUTES ILL .LL Lf7 Q 3 q ~ H�ggXOZ ¢ W W u W U W > 0' w 0 April 10, 1995 INDEX ' 6. CLAIMS - For Denial by the City Manager. (36 ) Steven Buchanan alleging rock from City Street Sweeper hit his windshield on March 13, 1995 on Pacific Coast Highway, causing $250 damage. Marla Crumpackeir alleging he was arrested without probable cause and due process of law on December 29, 1994. Arthur Frey alleging trip and fall on raised sidewalk on Ocean Boulevard between Orchid and Narcissus on March 22, 1995; seeking reimbursement of $65.95 for medical services and pain pills. John C. Strafon, III, alleging tire and wheel damage from hitting large pothole on MacArthur Boulevard near Bison Avenue on March 15, or 16, 1995; seeking reimbursement of $240. 7. AGENDA OF APRIL 6, 1995 /ACTIONS BY THE (68) PLANNING DEPARTMENT. 8. SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF Snd wall Cnsti ' THE MACARTHUR BOULEVARD WIDENING FROM Segm 1 /PCH- PACIFIC COAST HIGHWAY TO 1000 FEET NORTHERLY SJoaquin Hill: OF SAN JOAQUINI HILLS ROAD (C- 2825 -D) - Rd /McArthr Bl Approve the plans and specifications; and Nang C- 2825 -D authorize the staff to advertise for bids. [Report (38 ) from Public Works Department] 9. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Permit /Encrchi AND MAINTENANCE OF PROPOSED PRIVATE Snug Harbor Ri IMPROVEMENTS WITHIN THE SNUG HARBOR ROAD (65) PUBLIC RIGHT -OF -WAY ADJACENT TO 430 SNUG HARBOR ROAD, CLIFF HAVEN (EP- 95 -78) - Approve the application subject to: Execution of an Encroachment Agreement for non - standard improvements; authorize the Mayor and City Clerk to execute the Agreement; authorize and direct the City Clerk to have the Agreement recorded with the Orange County Recorder, and an Encroachment Permit issued by the Public Works Department. [Report from Public Works Department] 10. FUND RAISING ACTIVITY - Approve Economic Economic Dvlp Development Committee's participation in the Cmte /Fnd Rsg ' NEWPORT BEACH COMMUNITY OPEN GOLF (24) TOURNAMENT. [Memorandum from Economic Development Committee] 11. Removed from fhe Consent Calendar. Volume 49 - Page 120 .ROLL CALL • • Motion All Ayes CITY OF NEWPORT BEACH MINUTES u, X q W H H Q 3 ¢ W W g Ld U M W 2 X O 0 W > O J, 0 ~ w Z 0 April 10, 1995 IND 12. COUNCIL POLICY F -2 - Adopt recommendation of Council the Finance Committee by revising COUNCIL F -2 POLICY F -2, RESERVES /DESIGNATIONS OF FUND (69) BALANCE, and set the minimum General Fund Stabilization Reserve at 15% of the General Fund annual appropriation budget. [Report from Finance Director] 13. Removed from the Consent Calendar 14. DOG NUISANCES - Approve the installation of dog GS /Dog 1 nuisance bag dispensers and the use of discreet (4 4 ) recognition signs of donors sponsoring dog nuisance bag dispensers and bags in the downtown Balboa area. [Report from General Services Director] 15. Removed from the Consent Calendar. 16. BUDGET AMENDMENT(S) (40 ) BA -033, $305,000 - To provide for the UPPER NEWPORT BAY UNIT III Sediment Control and Enhancement Project to perform Bioassay, Project Management, Engineering, Environmental and Permit costs necessary to implement the Unit III Dredging Project. Funding from contributions from The Irvine Company, Orange County and Dover Shores Community Association. [Refer to report with agenda item 3]. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Report from Public Works Department/Traffic Ord 95 -1 Engineering introducing proposed ORDINANCE, Trfc being, (8 5 ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.44.027 TO THE NEWPORT BEACH MUNICIPAL CODE, ESTABLISHING A NEIGHBORHOOD ENHANCEMENT RESERVE WITHIN THE GENERAL FUND. The City Manager stated in order to clarify the language in Section I, third paragraph, the first sentence should be revised as follows: "Said reserve shall be used for purposes of enhancing and supplementing services in the neighborhood in the general vicinity of the parking meters contributing to the fund, and not supplanting current services." x Motion was made by Council Member O'Neil to Introduce Ordinance No. 95.12 as modified, and pass to 2nd reading on April 24, 1995. i i Volume 49 - Page 121 ,EX Policy uisncs K CITY OF NEWPORT BEACH MINUTES ROLL CALL q ¢ OW cl: to > J w April 10, 1995 INDEX 2. Report from Planning Department regarding Planning /Pkg • proposed Resolution initiating amendments to Title Stds Outdr 20 of the Newport Beach Municipal Code Dining pertaining to OUTDOOR DINING AND PARKING (68) STANDARDS FOR RESTAURANTS. Will B. King (no address given) addressed the Council regarding governments intervening in local businesses. The City Manager stated that at its meeting of February 27, 1995, the City Council requested that staff look into the feasibility of eliminating outdoor dining areas in calculating the gross floor area and floor area ratio requirements for restaurants and specialty food service establishments, and if the subject Resolution is adopted, this matter will be referred to the Planning Commission for a public hearing. Motion x Motion was made by Council Member Cox to Res 95 -33 All Ayes adopt Resolution No. 95 -33. • 5. Memorandum from Risk Manager recommending renewal for 1995 -96 HELICOPTER, MARINE, AND Fireman's Fnd, TIG -Trans Arne: BOILER AND MACHINERY INSURANCE CONTRACT Home Ins (Prpt: NO. 3006. Wtrcrft /Helip4 Premises Liab Will B. King, addressed the Council and suggested Insurance) the City consider joint use of its helicopters with the C -3006 (38 ) City of Costa Mesa which he felt could save taxpayer dollars. Motion X Motion was made by Council Member O'Neil to All Ayes approve the recommended action. 11. Memorandum from Assistant City Manager Council Polic recommending approval of suggested revisions to A -2 Council Policy A -2, APPOINTMENT PROCEDURE FOR (69) FUTURE BOARDS AND COMMISSION MEMBERS. It was recommended by the City Manager that the proposed revision be referred to the Appointments Committee for review and report back. Will B. King, addressed the Council and stated he concurred in the above recommendation. M� X Motion was made by Council Member Edwards to A es approve the City Manager's recommendation and refer this item to the Appointments Committee. 13. Report from the City Manager recommending RFP /Cit -wide approval of REQUEST FOR PROPOSALS FOR A COST indirec cost, RECOVERY ANALYSIS including all of the (40 ) components in the staff report. Volume 49 - Page 122 CITY OF NEWPORT BEACH MINUTES ROLL CALL M QQWwo wxMXUL90 �- (n � °Z J w April 10, 1995 INDEX The City Manager in summarizing his report, • recommended the Finance Committee be involved in this selection process, and that page 3 of the proposed specifications be revised to include this change. Motion x Motion was made by Council Member Cox to All Ayes approve the recommended action as revised. 15. Reports from the Recreation Superintendent and Special Event: Community Services Department recommending Permits approval of the following SPECIAL EVENTS (27) APPLICATIONS, subject to conditions in the staff reports: Application No. 95 -032 - First Annual Balboa Apl 95 -032 Pier Seaside Car Show held in Balboa Peninsula Park, Sunday, May 7, 1995 from 10 a.m. - 4 p.m. Application INo. 95 -038 - Newport Pier Day Apl 95 -038 at McFadden Plaza (northeast portion of parking lot) Saturday, May 13, 1995, from 8:30 a.m. - 4:30 p.m. • Application No. 95 -059 - Second Annual Apl 95 -059 Balboa Peninsula Fine Arts & Crafts Festival, Main Street (from Balboa Boulevard to the Pavilion) Saturday & Sunday, May 20/21, 1995, from 10 a.m. - 5 p.m. (each day). Will B. King addressed the Council in support of the above Special Events. Motion x Motion was made by Council Member O'Neil to All Ayes approve the foregoing applications. PUBLIC HEARING(S) 17. Mayor Hedges opened the continued public Underground hearing regarding PROPOSED ASSESSMENT DISTRICT Utilities/ NO. 72, Undergrounding Utilities In Balboa Coves. Asmt Dist 72 Balboa Coves Report from Public Works Department. (89 ) The Public Works Director stated this is the last step in forming the subject Assessment District for Balboa Coves. On July 12, 1993, the proposed Assessment District was initiated as a result of a • petition signed by the owners of 74% of the assessable property. The total cost is estimated at $257,210, and all assessments are equal and on a per parcel basis estimated at $3,782.50. The City has not received any written protests to these proceedings. Volume 49 - Page 123 CITY OF NEWPORT BEACH MINUTES ROLL CALL A' 3~ W 3A=°Uo } P] w g x w O Z April 10, 1995 INDEX M� x Hearing no one wishing to address the Council, the A es public hearing was closed, and motion was made by Mayor Pro Tern IDebay to adopt the following: RESOLUTION NO. 95 -34 APPROVING Res 95 -34 AGREEMENTS with the respective utility companies for the underground work, and authorizing execution of the contracts; and RESOLUTION NO. 95 -35 CONFIRMING Res 95 -35 ASSESSMENTS which takes final action regarding any protests, confirms the assessment, approves the final Engineers Report and orders the work of improvements. 18. Mayor Hedges opened the public hearing CDBG regarding proposed FIVE YEAR CONSOLIDATED (87 ) PLAN DOCUMENT (CPD) FOR FISCAL YEARS 1995 -99, THE PROPOSED ONE YEAR ACTION PLAN FOR FISCAL YEAR 1995 -96 AND REALLOCATION OF FUNDS FOR FISCAL YEARS 1989, 91, 92, 93, AND 94 FOR THE CDBG PROGRAM. • Report from Planning Department. Craig Bluell, Principal Planner, addressed the Council and summarized his report as follows: "Mayor and Members of the City Council, tonight you are being asked to approve the proposed 1995 -99 Consolidated Plan Document (CPD) which includes a One Year Action Plan for the use of CDBG Funds during fiscal year 1995 -96 as shown in Attachment 1 which is the proposed CDBG Budget. You are also being asked to approve the reallocation of unspent previous years' funds from 1989, 91, 92, 93 and 94 and you are being asked to grant the authority to conduct the program in the proposed Budget. "The CPD is a statement of community needs and a Five Year Plan for the spending of formula grant entitlement funds. The One Year Action Plan is part of the CPD. A One Year Action Plan must be • approved prior to each fiscal year covered by the Five Year CPD. The annual Plan is the plan for spending the entitlement funds granted each fiscal year during the five year planning period. The needs analysis contained in the Five Year Plan was developed from public comments at the Council Meeting on Volume 49 - Page 124 CITY OF NEWPORT BEACH 117,11 ilr186 m ROLL CALL (fi ¢ Q¢WW0 wMMMU00 ¢ U7 � > -J J w - - - - - - April 10, 1995 INDEX December 12, 1994, and information from CDBG • City staff and several data sources identified in the CPD. The Community needs identified in the Five Year Plan include: The removal of architectural barriers, commercial or industrial rehabilitation, special economic development, affordable housing, public facilities and improvements, and public services. The activities in the One Year Action Plan identified for funding include removal of architectural barriers, assistance to seven public service programs and City administrative costs. "Attachment 1 provides a summarized breakdown of the proposed 1995 -96 CDBG Budget for implementation of the One Year Action Plan. The recommended budget matches the $534,000 proposed allocation of CDBG funds for fiscal year 1995 -96. $65,930 is recommended for allocation to social service programs; $361,270 is recommended for removal of architectural • barriers. Funding for administrative costs is also recommended. In addition, the reallocation of unspent previous years' funds would add $152,208.63 to the removal of architectural barriers for a total of $513,478.63. "Unfortunately, at the time this staff report was being prepared, Congress was in the process of discussing budget reductions. HUD was contacted as late as today and staff was told that there is likely to be a cut in CDBG funds, and the estimated amount of that reduction is 8 %. That would be approximately a $42,720 reduction in the City's allocation of funds for a total entitlement of $491,280. This would also reduce funding for other activities. Staff, however, is still recommending the $65,930 for social services because it is well below the 15% threshold that the City is permitted to fund. An 8% reduction would reduce the funds available for the removal of architectural barriers by approximately • $34,176, leaving $327,094. When adding the reallocated money, it totals $479,302.63 available for that activity. It is staff's recommendation to approve the full budget and the budget with the 8% reduction, and that staff be directed to Volume 49 - Page 125 CITY OF NEWPORT BEACH MINUTES ROLL CALL ;' ¢ Q¢WWo W 3 ¢ g 0 2 U ' °? C7 W 0 April 10, 1995 INDEX implement the full budget if the cuts do not CDBG • occur. The proposed Resolution was prepared to implement this recommendation. "The budget being recommended tonight will provide maximum benefit to the community in that it will be offsetting costs that the City is directly obligated to fund from its General Fund. The staff is also recommending seven (7) other programs for funding. Unfortunately seventeen (17) requests were not addressed. The method that was used to evaluate the social service program is the same method that staff has been using for several years. It includes a set of objective standards and is set forth in the staff report. The first priority for social service funding is homeless services which is in response to the City's Housing Element and state law; second priority is for the elderly with a recommendation for meal services, and third priority is for low income households Staff does not consider late applications and does not consider any new programs that may be funded or any programs that are not continuous. The funding of a new agency or a late application is at the discretion of the City Council. Staff has adhered to objective criteria thereby reserving the more discretionary decisions for the public participation process. "Eighteen (18) social service agencies have applied, requesting $251,446 for 20 social service programs, for which, only $80,100 is available. The seven (7) social service programs recommended for funding are provided by five (5) social service agencies. The original funding request for the seven (7) programs was $91,300. All twenty (20) applications are provided as Attachments 4 and 5. It is my understanding that there are some agencies present who are not recommended for funding and wish to make an appeal to the City Council." • In response to question raised by Mayor Pro Tern Debay regarding the LINC Housing application for affordable seniors at Bayview Landing, Mr. Bluell advised that this application was not recommended for funding inasmuch as it would mean significantly reducing funds for the architectural barriers program. It was also indicated to him by the applicant, that they would resubmit their request next year. Volume 49 - Page 126 CITY OF NEWPORT BEACH MTNUTFR ROLL CALL LO ¢ Q¢Ww w3gSUd8 ¢ °�? w April 10, 1995 INDEX Mayor Pro Tern Debay referenced an article from a CDBG San Bernardino newspaper wherein she noted that they had used CDBG funding for blighted areas within the City in Code Enforcement, and questioned if this was something that could be used in Newport Beach? In reply to the above, Mr. Bluell stated that at the public hearing on December 12, 1993, Mayor Hedges suggested that staff investigate this type of activity; however, since the City does not have a Redevelopment Agency, the requirements the City must meet in its application are somewhat restrictive which he explained. As a result, it is being proposed in the Five Year Plan that the rehabilitation of commercial structures be identified as a program, but that it not be funded this year because of the timing and the need to evaluate possible projects. Mayor Pro Tern Debay stated she will give the subject article to the City Manager and Mr. Bluell for review and report back. • Dr. Marilyn Ditty, Executive Director, South County Senior Services, addressed the Council and stated that they have been providing meals to seniors at the Friends of Oasis, as well as the homebound, for 11. years; however, this year they filed their application for funding late. She stated this would be their 7th year for funding, and apologized for the late filing. She stated they are concerned about the 125 seniors they use the $12,500 every year to subsidize, and stated she hoped the City would not penalize those seniors because of their error. She also stated she did not want the City to cut funding for the other existing social service agency providers because of their mistake, but do feel their need is very great. Will B. King addressed the Council in opposition to the above request and indicated the Council should uphold the recommendation of staff. Debbie O'Connor, representing FISH - HARBOR AREA, addressed the Council and expressed appreciation for past funding of their homeless prevention program as well as their mobile meal program, and stated they are looking forward to continuing their care in Newport Beach. Sandee Gordon, representing Orange Coast Interfaith Shelter, addressed the Council and stated they are the largest and oldest shelter in the County. She expressed gratitude for past years' funding, and updated the Council on new programs their agency is providing. Volume 49 - Page 127 CITY OF NEWPORT BEACH MINUTES ROLL CALL in 3 w3Q=udo H p C>[: W O X w o H Z April 10, 1995 INDEX Jean H. Wegener, representing SPIN, addressed the CDBG • Council and thanked the City for their support and the staff for their recommendation of continued funding. She stated they are delighted to be able to help the residents of Newport Beach in the area of substance abuse and /or their housing program. Hearing no others wishing to address the Council, the public hearing was closed. In response to question raised by Mayor Pro Tern Debay regarding the request of South County Senior Services and their late application, Mr. Bluell stated that the budget with the 8% cut will allow an additional $7.762.00 for social service funding. The full budget would allow $14,170.00. If this request is approved, staff would recommend the amount be taken from administration which would reduce that funding from approximately $88,000.00 to $80,000.00 in the 8% budget, and in the full budget, the amount would be reduced from approximately $96,000.00 to $82,000.00. The $7,762.00 would not fully fund the requested program under the 8% budget inasmuch as the • application is for $12,500.00. He noted that other alternatives have been discussed, and advised the Council that there is a Newport Beach based agency who could provide the meals at a reduced cost, but this cannot be confirmed until next week. Either way, the funds will be taken from the City's General Fund. In response to question raised by Mayor Hedges, Mr. Bluell stated that with regard to the subject request, if the application would have been received in a timely manner, staff would have recommended funding in the amount of $7,762.00 from the 8% budget, and $12,500.00 from the full budget with the funds coming from administrative funding. Motion x Hearing no other comments, motion was made by All Ayes Council Member Glover to: Adopt Resolution No. 95 -36, (Attachment 6) Res 95 -36 reallocating funds for FY's 1989, 91, 92, 93, and 94, approving the 1995 -1999 CPD and authorizing the City Manager to submit the • 1995 -1999 CPD, with the One Year Action Plan and budget for FY 1995 -96, including all understandings and assurances contained therein, and to act as the official representative of the City in connection with the submission and application and to sign contracts with appropriate subagents to carry out programs in the approved budget, including the allocation of $12,500 to South County Senior Services from the full Volume 49 - Page 128 CITY OF NEWPORT BEACH MINUTES ROLL CALL LO � Q¢wwo LDXQ ¢ U > °Z U w 0 April 10, 1995 INDEX budget from the Administrative section of CDBG • Attachment 1 or $7,762 from the 8% budget if deemed necessary; and further, that the record show this motion does not set a precedent for future requests with respect to late applications. PUBLIC COMMENTS • Will B. King addressed the Council and presented the Mayor with a fishing hat in memory of his late father. • Dan Dunham, 603 Jasmine Avenue, member of the Corona del Mar Chamber of Commerce, addressed the Council regarding the proposal by CalTrans to remove unsignalized crosswalks on Coast Highway in Corona del Mar. He stated he was pleased to see the action taken by Council Member O'Neil regarding this issue, and requested he be included in any meetings with CalTrans so that the Chamber is kept abreast of what is taking place. He also urged that CalTrans be requested to delay the proposed project until the concems of the City have been addressed. • Don Harvey, 2039 Port Weybridge, member of the Bicycle Trails Citizens Advisory Committee, also addressed the Council regarding the above issue, and requested that he too, be included in any meetings the City may have with CalTrans on this matter. He added that they have collected a considerable amount of data regarding child safety on bicycles as well as pedestrian safety, which could be useful in this regard. Charlie Gabbard, 432 -1/2 Heliotrope Avenue, addressed the Council regarding the above matter and expressed his concerns regarding the removal of the crosswalks on Coast Highway. He also stated that with Summer approaching, he felt it was critical that every crosswalk be marked in Corona del Mar. He further stated that if crosswalks are removed, he felt they should be replaced with traffic signals. • Chris Crosson, President of Doggie Walk Bags, addressed the Council and expressed appreciation for their action on Agenda Item 14, the in of dog nuisance bag dispensers and the use of discreet recognition signs of donors sponsoring nuisance bag • dispensers and bags in the downtown Balboa area. • Mayor Pro Tern Debay stated she attended the Speak Up Newport meeting last Wednesday evening and had the opportunity to show the group the new license plate holders the Police Department made up for Police Officer Robert Henry which states, "Our prayers are with you." She stated the holders are for sale for $5 each with the money going to the family of Volume 49 - Page 129 CITY OF NEWPORT BEACH MINUTES ROLL CALL Vi fm ¢ QQwwo�% w � 3 ¢ g W 2 0 � 0 W 0 April 10, 1995 INDEX Officer Henry, and that she will pass them through the audience in case anyone is interested in purchasing. ORDINANCE(S) FOR ADOPTION 19. Proposed ORDINANCE NO. 95 -11, being, Ord 95 -11 Reorganization AN ORDINANCE OF THE CITY COUNCIL OF City Departmnt THE CITY OF NEWPORT BEACH AMENDING (35) TITLE 2 FOR THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT THE CONSOLIDATION OF THE UTILITIES DEPARTMENT WITH THE PUBLIC WORKS DEPARTMENT; THE MARINE DEPARTMENT WITH THE FIRE DEPARTMENT; AND ADDING PERSONNEL DUTIES TO THE FINANCE DEPARTMENT AND RENAMING THAT DEPARTMENT TO ADMINISTRATIVE SERVICES. Recycled report from the City Manager. Letters from Rosemary Luxton and Douglas O. Wall with suggestions for the proposed consolidation and to merge the Parks Beaches and Recreation • Department with the Marine Department. The City Clerk advised that after the agenda was printed, an additional letter and petition was received regarding the proposed consolidation from Helen Anderson, 3320 Ocean Boulevard, as well as letters from Elizabeth Stahr, 4639 Roxbury Road, and Rochelle O'Donnell, 633 St. James Road. The City Manager summarized his recommendations as follows: 1. The combination of the Marine and Fire Departments into a new department to be known as the Fire and Marine Department and headed by the Fire Chief. The current Acting Marine Director would become one of three Deputy Chiefs in the new organization. 2. The combination of the Finance and Personnel Departments into an Administrative Services Department with the Finance Director becoming the Administrative Services Director • heading both operations. 3. The combination of the Public Works and Utilities Departments into the Public Works Department headed by the current Public Works Director. The current Utilities Director would become the Utilities Manager within this new organization. Volume 49 - Page 130 CITY OF NEWPORT BEACH MINUTES ROLL CALL fm Q QQWw W l'- 3C]2UC90 ¢ W °�? W W April 10, 1995 INDEX 4. Reassign the Assistant City Manager to direct Reorganization • supervision of the Planning and Building Departments. Create an Assistant to the City Manager's position to handle several of the current duties of the Assistant City Manager (legislation, cable television, property management) in addition to assuming additional duties assisting the City Manager in an overall coordinative effort in managing the City. In proposing this reorganization, the City Manager stated he believes it will help achieve several objectives. These include: reducing the total number of independent City departments and improving overall organizational coordination; providing an opportunity to review current staffing numbers and patterns within the departments to allow for greater overlap and backup in organizations which are in many cases significantly smaller than four years ago; reducing the span of control of the City Manager from twelve to eight: and creating a new position which will have more time to undertake organizational and policy analysis, legislative monitoring, public information • programs and employee training. Finally, by assigning direct supervision of the Planning and Building Departments to the Assistant City Manager, it is his goal to place greater emphasis in our economic development efforts. One other key reason for reorganizing is to effectuate cost reductions in the performance of City services. There are no immediate dollar savings with the reorganization, although he is confident that in conjunction with the 1995 -96 budget and early retirements, and over a multi -year period there will be cost savings. In addition to cost savings, he believes there will be opportunities to improve the performance and coordination of current services through the reorganization. The City Manager also referenced his Supplemental staff report in response to the more commonly asked questions about the various components of the modifications, particularly the merger of the Marine and Fire Departments. He noted that the City has reduced its manpower over the last four years by 85 net positions and it is anticipated the workforce will be reduced by an • additional 16 positions in 1995/96. The downsizing that has taken place has been at all levels of the organization, including the elimination last year of one department director position and the Volume 49 - Page 131 CITY OF NEWPORT BEACH MINUTES ROLL CALL L ' ¢�¢0 3 W ~`°Qxoz 3 M 2 0 >W 0 0 April 10, 1995 INDEX • consolidation of two departments. Further Reorganization reductions will stretch already stretched departments and new ways of accomplishing the same tasks must be explored that are outside of past norms, practices and comfort levels. The reorganization will improve organizational coordination, increase the efficiency and productivity of a downsized organization, and focus more attention on high priority Council goals by reassigning key management staff. In the long term, the merger of several departments will allow reexamination of the newly created department structures as retirements, attrition, and reassignments occur over time, Long Phom, 1529 E. Balboa Blvd., addressed the Council and submitted a letter indicating the City was violating State law in reassigning the Assistant City Manager to give direct supervision over the Planning and Building Departments without the benefit of a licensed engineering degree pursuant to Section 6787 and 6730 of the California Business and Profession Code. He stated he was supportive • of the proposed consolidation of departments and the downsizing of personnel; however, he did not think the City should ignore State law. The following persons addressed the Council and expressed their concerns regarding the proposed City reorganization, particularly the Fire and Marine merger. Will B. King (no address given) Jo Vandervort, Parks, Beaches and Recreation Commission Kendall Jacobsen, former employee of the Marine Department Tom Houston, 206 Ruby Avenue Larry Leifer, 3706 Channel Place Elaine Linhoff, 1760 E. Ocean Boulevard Roy C. Van Orden, 4012 Channel Place Evelyn Hart, 435 Redlands Avenue Nancy Skinner, 1724 Highland Drive Robert C. Lewis, 116 Marine Avenue Ruthelyn Plummer, 404 39th Street Dolores Otting, 17 Hillsborough Drive Tom Hyans, 21719th Street • Charlie Gabbard, 432 -1/2 Heliotrope Avenue In summary, the above speakers noted as follows: 1)The proposed consolidation needs further study, and should be delayed at this time; Volume 49 - Page 132 CITY OF NEWPORT BEACH MT NTTTF..0 ROLL CALL Cr Q w3g2Ud6 cl: ¢'W' w April lo, 1995 INDEX 2)What is the proposed consolidation going to Reorganizatior cost the City? These cost figures should be determined and made public prior to implementing the proposed changes; 3)The Marine Department should be merged with the Recreation Division of the Community Services Department to form a Harbor, Beaches and Recreation Department inasmuch as their functions are more compatible than that of Fire and Marine; 4)The proposed merger of Fire and Marine will decrease services provided by the Marine Department, and the City's Marine image would be compromised; 51Newport Beach is unique because of the Marine Department, and it should stand alone; 6)The Mission Statements for Fire and Marine Departments are not the same, and if the merger is approved, the identity of the • Marine Department will be sacrificed; 7)The Marine Department deserves special attention, and should not be changed just for the sake of change; the proposed merger is not cost effective; 8)The proposed merger of Fire and Marine Departments is premature, and if approved, the Marine Department will lose its direct voice and access to the City Manager and City Council; 9)The Fire and Marine Departments do not provide services to same customers; 10)The City Librarian should be returned to the Library which will result in a cost savings. Jeffrey Stem, 2020 Marlin Way, former Chairman of the Emergency Preparedness Committee, addressed the Council in support of the Fire and Marine consolidation stating that the number one priority that government has is providing public • safety. He advised that the City of Long Beach has merged their Fire and Marine Departments and are using their lifeguards for emergency preparedness and community outreach programs, etc., in addition to their regular duties. In addition, the City of Santa Monica is merging their Fire and Marine Departments. Volume 49 - Page 133 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q¢wWO LJZMM000 ¢ N fY > °Z J W April 10, 1995 INDEX Peter Tarr, 5023 Lido Sands, also addressed the Reorganization • Council in favor of the proposed consolidation stating he felt it has a sound basis in terms of managerial principals, and that it is an excellent plan. He stated that "nobody is going to throw the Marine Department focus away," and in fact, it will be looked at through a new scrutiny. He urged the Council to adopt the proposed Ordinance as presented. In response to some of the remarks made during public testimony, the City Manager discussed the merger that took place last year when the Parks, Beaches and Recreation Director position was eliminated, and the Recreation Department was combined with the Library into a Community Services Department, and the Parks Division was given to General Services. He stated this change resulted in a savings of approximately $138,000, and summarized many of the advantages of that merger. With regard to the proposed consolidation, he stated there will not be any special pay raises for the individuals who will be overseeing the newly combined departments; that • even greater efforts will be made to downsize some departments further; that staff "has to do more with less," and that he will be working very closely with the Department Directors in this regard. In response to the letter submitted by Long Pham alleging the City is violating State law by allowing the Assistant City Manager to give direct supervision to the Planning and Building Departments without a licensed engineering degree, the Assistant City Attorney advised that the Business and Profession Code sections referenced in the subject letter pertain to those individuals who practice engineering fields, and in the City's particular case, the Building Director only administers the Building and related technical codes. Motion x Council Member O'Neil pointed out that the proposed consolidation is an issue that arose out of the City's Strategic Planning Workshop held in January following the seating of the new City Council Members, and it was not something that has not had a great deal of study and discussion. • The Council is committed to a goal of providing the best and highest municipal services to its residents in order to continue the present quality of life; however, due to the economy and the State's budget shortfall, the City Manager was directed to look at a plan of reorganization that would be cost Volume 49 - Page 134 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ QQwW0�Z W 3g2UtJ0 ¢ M Q. ' J w April 10, 1995 INDEX effective and efficient, but at the some time, not Reorganizatior • jeopardize those municipal services. He felt the City can no longer afford to operate as it has for the past forty years, and stated that if the new plan does not work, the Council can change it. Therefore, he moved to adopt Ordinance No. 95 -11 as recommended by the City Manager. Mayor Pro Tem Deboy stated, in part, that change is threatening, but in no way is the proposed merger of the Fire and Marine Departments a "taking down or diminishing of the Marine Department," but rather an enhancement of both departments. The face of the Fire Department will change as well, and as stated by the City Manager, 75% of what the Fire Department performs is now medical service rather than fires. There will be cross training involved with this merger, both departments will be EMT certified, and the merger will double the amount of safety personnel in the community in the event of a disaster. The Fire Chief is very sensitive to the needs of the Marine Department, and has a transition plan where the Marine Department personnel will • be consulted. In no way will Fire Chief Tim Riley be "taking over" the Marine Department per se. She sees an excellent attitude in the staff regarding this merger to work together and improve the present service. She also noted that the Long Beach Marina Boat Owners Association was fearful of their Fire and Marine merger, but after one year of consolidation, they have seen an enhanced service in their Marine effectiveness. She emphasized that Tidelands Administration will not change, and the City will not be doing away with its harbor or marinas. In closing, she felt there will be a cost savings with the consolidation in the future, and stated the City Council is doing what they feel is best for the City. Council Member Edwards stated that many of the concerns expressed during public testimony relative to maintaining the current quality of life in the City are his concerns as well, unfortunately, the City Council has to deal with the economic issues of the 90's. He noted that private businesses began downsizing years ago, some as much as 25 %. He does not believe services are going to be • sacrificed with regard to the Marine Department, but instead, dealt with more efficiently. The Marine Department will still have a "voice" (to answer Nancy Skinner's concem), and the Marine Department will still continue to provide their current services. Things have changed over the Volume 49 - Page 135 CITY OF NEWPORT BEACH MTNTTTF.q ROLL CALL M ¢ A¢WWO w3L]2UC70 ¢ U7 U °Z J w - - -- - - -- April 10, 1995 INDEX last 16 to 20 years in the way government is Reorganizatior • conducted, and he felt the decision to reorganize is long over due. He also felt the proposed consolidation is a step in the right direction, and he is hopeful that dialogue from the community does not end this evening regardless of the outcome. Council Member Watt stated that at this time the City is dealing with a reorganization on paper only, and as the staff goes through the next few months of putting it together, serious consideration should be given to all what has been said during public testimony, and in so doing, she felt this will result in "programs, services, budgets and communication decision making systems that the City is used to." She also suggested the Council consider establishing a "transition team" in connection with the Fire and Marine merger and proposed that it consist of representation from the City Council, Harbor Quality Committee, Marine Division of the Chamber of Commerce, and City staff. She also recommended that the City Manager, Council Members Edwards, Cox and herself decide who will actually be appointed, and that this issue be • brought back to the City Council for final approval. Council Member Glover stated she felt it is each Council Member's responsibility to see that basic services are provided to all the residents in the City in a manner which Newport Beach finds acceptable, as well as cost efficient. She believes the City does this already with a great deal of pride, with the exception of having to cut back on library hours. She pointed out that this particular year, the City has a 3.9 million dollar budget imbalance to correct, and that the revenues the City is receiving from property taxes is also going down. Revenues from sales tax is just starting to pick up from where it was five or six years ago, and there is nothing on the horizon that tells the City there is more money coming in. Newport Beach is not "fat and happy" like it used to be, and in fact, there are going to be more tough decisions to make in the future. She emphasized that her responsibility is to the residents, and she tries to remember this in all her decision making. She stated she supports the proposed reorganization • even though she realizes it will make some people unhappy. Volume 49 - Page 136 CITY OF NEWPORT BEACH MINUTES ROLL CALL U) a X¢ wMMM000 ¢ W N W O !r � J? J w April 10, 1995 INDEX Council Member Cox commented that today was Reorganizatior • his 15th Anniversary on the City Council and that he has lived in the City for almost 35 years. He stated that approximately five years ago, the City Council at that time felt it was time to change the way in which the City did business, and when Kevin Murphy was hired as City Manager, the same message was given to him inasmuch as cities are dealing with much more difficult and complex issues than fifteen years ago. He felt the proposed consolidation is overdue, very meaningful, right on target, and in the long run, better for the City. With regard to Council Member Watt's proposal, he stated he felt that organizational changes are really staff oriented, and that as a compromise, he would suggest that staff reports regarding the transition of the Fire and Marine merger be transmitted to the Finance Committee, Harbor Quality Committee, or anyone else affected by these changes so that feedback is given where needed most. Mayor Hedges stated that the City Council makes • decisions related to the level of service that the City will provide, and the City Manager is charged with the responsibility of developing a plan to implement that level of service. He supports the City Manager's recommendation for reorganization, and stated it is the Council's intent to maintain or enhance that level of service where ever possible. Council Member O'Neil, maker of the motion to adopt Ordinance No. 95 -II, stated he will decline Council Member Watt's suggestion to amend his motion to include the formation of a transition team for the Fire and Marine merger, and indicated his support of Council Member Cox's suggestion to keep the various Boards, Commissions, etc., advised of the transition. Motion x In view of the foregoing, a substitute motion was made by Council Member Watt to adopt Ordinance No. 95 -II, but that a "transition team" be established with respect to the Fire and Marine merger as stated in the foregoing. Following discussion, it was indicated by the • Assistant City Attorney that such a committee could not be included in the subject Ordinance inasmuch as it had already been introduced, but that it could be handled as a separate item at a future meeting. All Ayes In view of the foregoing, Council Member Watt withdrew her substitute motion, and the motion on the floor was voted on and carried. Volume 49 - Page 137 CITY OF NEWPORT BEACH MINUTES ROLL CALL tn M 3 WXMMUO F~ -CEMX0z . W W N April 10, 1995 INDEX • CONTINUED BUSINESS 20. APPOINTMENT TO BICYCLE TRAILS CITIZENS BT /CAC ADVISORY COMMITTEE: Motion x Motion was made by Mayor Hedges (District 1) to All Ayes confirm the appointment of Gary McKee to fill unexpired term of Melvin S. Mann ending December 31, 1995. 21. BALBOA PENINSULA PLANNING ADVISORY Balboa Pnsla COMMITTEE. Planning Adv Committee Motion x Motion was made by Mayor Hedges to confirm the All Ayes following appointment: Balboa Peninsula /Lido Area: Anne Gifford Member At Large: (to remain vacant at the present time) 22. Report from Public Works concerning UPPER Upper Castawal CASTAWAYS VIEW PARK. View Park (62) Petition received in support for a pedestrian • access way from the end of 16th Street to Castaways Park along the Easterly boundary of the Lutheran Church as proposed by Jim Bailey. The City Manager advised that on February 13, 1995, the City Council took the following action: "Direct the staff to prepare additional conceptual evaluations of the View Park 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 a4emative park plans and direct staff to discuss the View Park conceptual evaluations on Upper Castaways with concemed and interested parties. Schedule City Council consideration of the conceptual evaluations within 60 days." John Wolter, Cooperative Projects Engineer with the Public Works Department, addressed the Council and stated that the staff assembled a • team composed of the Parks, Beaches and Recreation Open Space Committee, and representatives from Cliff Haven, Bayshores, Dover Shores, Newport Conservancy, Newport Newport Harbor Lutheran Church and The Irvine Company to offer input on View Park conceptual plans for Upper Castaways. He Volume 49 - Page 138 CITY OF NEWPORT BEACH MINUTES ROLL CALL U) a Qcc wXMX000 ¢ wW0 0 > °Z w Aprll 10, 1995 INDEX summarized what took place at the two Upper Castaway meetings that were held with Purkiss Rose R.S.I. View Park Landscape Architect, to review various conceptual plans. He described the various plans (A -1, A -2, B -1, B-2, C and D) as depicted in the drawings on display and set forth in the staff report. He also referenced a Supplemental staff report noting that Concept AA provides for grading the slope next to Dover Drive to allow for the following: 1. A Dover Drive transition from 3 lanes to 2 lanes; 2. Adequate stopping sight distance for 45 mph; 3. A sidewalk to fill -in the existing gap: 4. A pedestrian, bicycle, and emergency access trail at a 5% slope; 5. Gentle 3:1 slopes rounded and planted to make this edge of the View park look natural and minimize erosion problems: b. The trail begins at the same elevation as the Cliff Drive /Dover Drive intersection. • Mr. Wolter reported that the Parks, Beaches and Recreation Commission have recommended that Concept D be approved with the hope that the old road /trail from Dover Drive to Upper Castaways could remain. Concept A -1 is the Commission's second choice. As mentioned in the original staff report, this would preclude accomplishing any of the above items. If it is the City Council's desire to reduce the standards listed above, the staff has looked at an alternative that will minimize grading of the steep part of the slope by providing a 2:1 slope: a 10% slope 12 feet wide trail that connects to the old road /trail at each end: provides for 40 mph stopping sight distance around the curve and for a Dover Drive sidewalk to fill -in the missing link. The length of slope measured along Dover Drive that would be affected is approximately 320 to 350 feet. The site grading would be reduced by approximately 40,000 cu, yds. and require the removal of approximately 12,000 cu. yds. He described the Concept D plan, with an overlay called D -1, which shows the extent of grading needed for the • reduced standard alternative. The following persons addressed the Council regarding this item: Jim Bailey, 2301 Margaret Drive, displayed his own personal plan for the Upper Castaways View Park which he stated he felt represents the recommendation of the Parks, Beaches and Recreation Commission; however, the City Volume 49 - Page 139 ROl CA] CITY OF NEWPORT BEACH MINUTES .AL I, Cr 3 Q¢WW0J' �¢� H M in fa x W >W 0 z April 10, 1995 INDEX ' plan does not show the existing old road, the Upper Castawal ungraded hillside, the ungraded open space View Park area, or the elimination of the sidewalk between a specific area. He stated he was also very concerned about access to the open space area from 16th Street, as well as providing for the handicapped. Jan Vandersloot, 2221 E. 16th Street, stated that consideration should be given to "what is the most cost effective plan," and most acceptable to the public. He referenced the drawings on display and summarized areas where he felt the City could cut down on cost, i.e., 1) leave the open space meadow as is and do not grade the top of the mesa, 2) do not construct sidewalks or the City will have to mitigate the wetlands, 3) do not build out into the gully and preserve the natural site, and 4) do not grade at all on the property, thereby saving maintenance problems in the long run. He stated he felt the most popular plan among the community is to "leave the area alone and ' in its natural state." Elaine Linhoff, 1760 E. Ocean Boulevard, stated the subject area should remain natural, and that she was pleased with the Council's action to not widen Dover Drive. She suggested that parking for the passive park be placed on the other side of 16th Street, and also stated she agrees with Mr. Bailey that handicapped access should be on the other side of the church. Penny McManigal, 16 Inverness Lane, stated she has been very priviledged to spend a lot of time on the Castaways property, and that she would hope that five years from now it will still have a similar look. As a gift to the City, she presented a photo album of 40 pictures of the Castaways site as it presently exists. John Sturgess, 601 Cliff Drive, President, Cliff Haven Community Association, displayed an artist's oil painting of the Castaways site depicting the area to be developed by The ' Irvine Company, and suggested the following: 1) leave the historical road in its present condition; 2) do not grade the natural hillside; 3) select alternate sites for a playing field , 4) do not construct a sidewalk on Dover Drive; and 5) redirect staff to consider Mr. Bailey's recommendation regarding access for the Volume 49 - Page 140 CITY OF NEWPORT BEACH M T NT TTF.R ROLL CALL ;�wW0 w3g2000 ¢ J% w April 10, 1995 INDEX • handicapped. He recommended that Upper Castaway Conceptual Plan D be approved with the View Park conditions that Council Member Glover will be presenting in her motion on this item. Liv Saether, the artist who painted the foregoing referenced picture, stated that she is new to the area and found the Castaways site "too good to believe." She stated she has walked the entire property, and from a painter's point of view, if that area is graded and the natural vegetation is changed, "the spirit of that land is gone." Taylor Grant, member of the Parks, Beaches and Recreation Commission, stated that the Commission has been dealing with this issue for over four years. He stated that prior to CIOSA being approved, a number of meetings were held with the community where input was received, and discussed some of which took place at those meetings regarding active and /or passive view park. At the meeting of the Parks, Beaches and Recreation Commission • held last Tuesday when this item was reviewed again, they endorsed a passive turf area in the center of the Castaways, with minimum grading. They also endorsed approval of the natural landscaping for certain areas as requested by Jan Vandersloot, and the change in access from the parking lot on the D plan to the site to minimize grading as suggested by Allan Beek. By keeping the plan with its open turf area, they felt it would be creating a consistency with the input given at the various outreach meetings. Virginia Herberfs, former member of the Parks, Beaches and Recreation Commission, stated she was on the Commission the entire time this subject was discussed, and that it has always been the community's desire, as well as the majority of the Commission, that this property remain as natural as possible with as little grading as deemed necessary. She urged that the site not be "turned into a planned park." Jo Vandervorf, Chairman of the Parks, Beaches • & Recreation Commission, stated that what the Commission has recommended, as explained by Mr. Wolter, is a "compromise." The center of the property was always slated to be turf with no designated activity and no structures. It will also have to be graded because of old existing asphalt, but that grading will be minimal. Volume 49 - Page 141 CITY OF NEWPORT BEACH MINUTES ROLL CALL in RE n3�WW0 W � X ¢ M 10 ' U 11� ' -J 0 W 0 April 10, 1995 INDEX Seth Oberg, 2012 Galaxy Drive, President, Dover Upper Castawa) • Shores Community Association, stated they View Park have several concerns about the project, but their main concern is the use of the residential streets in the area for parking by users of the Castaways. They support Conceptual plan D because it would provide parking immediately adjacent to the Castaways development, and would eliminate some of the parking on Polaris Drive, etc. Plan D also meets some of the needs of the Cliff Haven Homeowners Association with respect to the entry way and emergency access. They feel Plan D is a win - win situation for everyone and should be adopted. Allan Beek, 2007 Highland Avenue, stated that the staff "has refused to listen to the public throughout this process." The Parks, Beaches & Recreation Commission has finally recognized what the public wants and has made a recommendation on behalf of the community's desire; however, the • recommendation of staff referenced in the Supplemental report is "fighting" that recommendation. He suggested the staff be directed to "express the will of the public rather than to fight the will of the public." Ed Benson, member of Dover Shores Community Association, stated that when the area is developed by The Irvine Company, he does not think the area left will be a "passive" . use because of increased use by those homeowners. Reverend Bill Kirlin- Hackett, Newport Harbor Lutheran Church, 798 Dover Drive, discussed a proposed development agreement between the City and the church regarding access to the site as well as parking, and stated he felt the agreement could prove to be the best remaining solution for both parties. Motion x Hearing no others wishing to address the Council, the following motion was made by Council Member Glover. • That staff be directed to move forward to implement a modified Concept D first; failing an agreement with the Lutheran Church to accomplish D, that we then proceed on Concept A -1. I propose the following additions and modifications to staff's recommended design consideration. The design considerations as modified to be applied to Concept D and if necessary, where applicable, to Concept A -1: Volume 49 - Page 142 CITY OF NEWPORT BEACH MINUTES ROLL CALL ;' M MCrW°wo wxMx000 H } M W M IL w > °? W J1 April 10, 1995 INDEX 1. The Upper Castaways Point and the area Upper Castaway • between the trail and the meadow shall View Park remain as natural as possible; 2. The design will take drainage away from the bluff face to reduce bluff- erosion with the least grading impact; 3. The historical trail from Cliff Drive /Dover Drive intersection is to accommodate bicycle and normal pedestrian use and left at its present grade; 4. The sidewalks are to stay as they presently are on both sides of Dover, 5. A traffic light will be installed at Cliff Drive /Dover Drive intersection; 6. Emergency and handicapped access will be provided through the end parking lot off 16th Street as shown on Exhibit titled Concept Plan D; • 7. There will be no new reconfiguration of Dover Drive. Council Member Glover also requested that her memorandum to the City Council dated April 7, 1995 regarding Upper Castaways be made part of the record. A clarification of Item 1 was made to indicate that washed out areas on the bluff would be repaired. A brief discussion ensued, wherein it was pointed out that when the plans for this project are completed, and prior to advertising for bids, they will be presented to the Parks, Beaches and Recreation Commission and City Council for final review. All Ayes There being no further remarks, the motion was voted on and carried CURRENT BUSINESS • 23. Report from the City Manager regarding COMPREHENSIVE SETTLEMENT AGREEMENT /ORANGE O/C Investmen Pool /CS Agm COUNTY INVESTMENT POOL with selection of Option C -3042 A or Option B. (3 8 ) The City Manager summarized his report and recommended the following: Volume 41i - Page 143 CITY OF NEWPORT BEACH MINUTES ROLL CALL A Ow q w ~ Q 3 y P° W gSUC70 W cu "" W O w > ° J' �-+ w z April 10, 1995 INDEX I. Approve the Comprehensive Settlement O/C Investment • Agreement negotiated by and between the Pool County of Orange, the Official Investment Pool Participants' Committee of the Orange County Investment Pools Bankruptcy Case, et al; and, 2. Authorize the City Manager to sign the Agreement on the City's behalf and take whatever appropriate steps are necessary to effectuate the settlement; and, . 3. Authorize the City Manager to select Option A providing for the treatment described in Section 7 (a) of the Comprehensive Settlement Agreement. The City Manager stated he believes that the subject agreement is the "best the City is going to get," and for Newport Beach, it means the City will be receiving a little over 80% of its money returned sometime the early part of June. • For the benefit of those in attendance and watching this meeting on television, the City Manager advised that the City at the time of the bankruptcy had $16,982,000.18 of its reserve funds in the Investment Pool as follows: General Funds $ 1,074,702.48 1994 -95 TRAN Issue 4,399,956.56 1994 -95 Water Bond Issue 10,886.537.16 1992 -93 Library COP Reserve 680.803.98 TOTAL $16,982,000.18 Motion x There being no further comments, motion was All Ayes made by Council Member Cox to approve the recommended action as stated to the above. 24. Proposed URGENCY ORDINANCE, being, urgency Ord 95 -13 AN ORDINANCE OF THE CITY COUNCIL OF Pblc Nudity THE CITY OF NEWPORT BEACH AMENDING (27) CHAPTERS 10.54 AND 5.96 PERTAINING TO PUBLIC NUDITY. Report from the City Attorney. • The City Manager stated that the staff has prepared amendments to the City's public nudity Ordinance which prohibits total nudity in public places and businesses which are known to cause negative secondary impacts. The proposed amendments do not prohibit entertainers or others from communicating erotic messages or other Volume 49 - Page 144 ROLL CALL • Motion All • CITY OF NEWPORT BEACH MINUTES LO M Q W F 3 g In ax0z 2 0 Q� > 0 J w 0 April 10, 1995 INE protected forms of expression, but rather simply Urgency require the entertainer to cover specified 95 -13 anatomical areas. This Ordinance is being recommended as an urgency measure because the City has a very limited period of time (15 days) to review and approve adult oriented business permits. The Council's meeting schedule is such that failure to adopt the proposed ordinance as an urgency measure could subject the City to the negative secondary impacts of adult oriented businesses offering total nudity for a period of 45 days or more. The introductory provisions of the proposed ordinance contain a more complete statement of the reasons for adoption as an urgency measure. The City Manager further stated that in developing this Ordinance, members of the City staff and City Council relied on studies which were prepared by other cities in the United States who also drew the same conclusions. X Motion was made by Mayor Pro Tem Debay to adopt Ordinance No. 95 -13. Meeting adjourned at 11:30 p.m., to 2 p.m. on April 24, 1995, for Study Session, and 7 p.m. for the regular City Council Meeting. srrrrrsssssssrsrarrra The agenda for this meeting was posted on April 5, 1995, at 10:22 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: �y City Clerk -7- �u { -- P Volume 49 - Page 145 iEX Ord