HomeMy WebLinkAbout09/09/1996 - Regular MeetingCITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
September 9, 1996 - 7:00 p.m. INDEX
STUDY SESSION - 4:00 p.m. - Joint Meeting with City of Costa Mesa to
• Discuss AirBorne Law Enforcement (ABLE) Program
[Neighborhood Community Center, 1845 Park, Costa
Mesa] - See separate minutes
RECESS [Return to Newport Beach]
CLOSED SESSION - Followine Study Session [Refer to separate agenda from
City Attorney]
CLOSED SESSION REPORT PRESENTED - None
PUBLIC FACILITIES CORPORATION ANNUAL MEETING - 6:50 p.m. - See
separate minutes
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: O'Neil, Edwards, Debay, Cox, Glover, Watt
Absent: Mayor Hedges
Pledge of Allegiance - Council Member Watt.
The invocation was given by Mr. Lloyd Dalton, City of Newport Beach
• Design Engineer; and Professional Vice President, Los Angeles Section,
American Society of Civil Engineers.
Mr. Norm Buehring, President, Los Angeles Section, American Society of
Civil Engineers (ASCE), presented the Council with a bronze plaque
designating Newport Harbor as a State Historical Civil Engineering
Landmark. Mr. Don Currie, Member of the Orange County Branch,
American Society of Civil Engineers, History and Heritage Committee,
presented information on how the selection was made, introduced other
committee members present and invited the Council to attend the
dedication to be held on September 19, 1996 at 10:00 a.m. at Lookout Point.
He thanked the City for providing the location and the manpower involved
to mount the plaque.
Motion by Council Member Cox to waive reading of the minutes of the
Regular Meeting of August 26, 1996, approve as written and order filed.
The motion carried by the following roll call vote:
Ayes:
O Neil, Edwards, Debay, Cox, Glover, Watt
Noes:
None
Absent:
Hedges
Abstain:
None
Motion by Council Member Cox to waive reading of the Ordinances and
Resolutions under consideration, and direct the City Clerk to read by titles
only. The motion carried by the following roll call vote:
•
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: Hedges
Abstain: None
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City Council Minutes
September 9, 1996
MATTERS WHICH COUNCIL MEMBERS WOULD I= PLACED ON A
FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON -
DISCUSSION ITEM):
• Council Member Edwards requested an update on the status of the IRWD end-
user agreements. City Manager Murphy reported that this issue is scheduled
for action at the meeting of September 23, 1996.
• Council Member Glover requested that an action item be placed on the agenda
for September 23, 1996 to determine how the money that will be saved if
Measure Q passes, will be used. She also requested that in the future if there
are cost savings on programs (i.e. ABLE) that a report be forwarded to Council
on how those items (savings) will be identified in the budget.
CONSENT CALENDAR
1. INTRODUCE ORDINANCE NO. 96 -37 ADDING CHAPTER 10.62 TO
THE NBMC PERTAINING TO VEHICLE ADDRESSED
SOLICITATION (Prohibits Vehicle Solicitation from the Public
Right of Way). Introduce ordinance and pass to second reading on
September 23, 1996.
2. ADOPT ORDINANCE NO. 96 -34 AMENDING SECTION 11.04.020 OF
THE NBMC TO ADD PARAGRAPH G (INADVERTENTLY OMITTED
WHEN AMENDED ON APRIL 6, 1996) TO PROHIBIT THE USE OF
• ROLLERBLADES, ROLLERSKATES OR SKATEBOARDS ON ANY
PUBLIC TENNIS COURT.
3. ADOPT ORDINANCE NO. 96 -35 AMENDING THE REPORT OF
RESIDENTIAL BUILDING RECORDS ORDINANCE (CURRENTLY
CHAPTER 20.03), AND RECODIFYING IT AS CHAPTER 15.15.
RESOLUTIONS FOR ADOPTION
4. UNDERGROUND UTILITIES IN PROPOSED ASSESSMENT
DISTRICT NO. 71 (BALBOA BOULEVARD BETWEEN "A" STREET
AND "H" STREET).
1. Adopt Resolution No. 96 -71 making findings on petition submitted by
property owners.
2. Adopt Resolution No. 96 -72 making appointments in proposed
Assessment District No. 71.
3. Adopt Resolution No. 96 -73 adopting boundary map approving
boundaries of proposed Assessment District.
4. Adopt Resolution of Intention No. 96 -74 declaring intent to finance
improvements through the issuance of bonds.
5. Adopt Resolution No. 96 -75 passing on and giving preliminary approval
to the Report of the Engineer; and setting the dates, time and place of
the two public hearings (September 23, 1996 and October 28, 1996).
6. Approve a Special Counsel Agreement to retain the firm of Brown, Diven
• & Hentschke to provide legal services in connection with the proposed
assessment proceedings and bond issuance with a fee of approximately
$10,000.
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INDEX
Ord 96 -37
Offenses/Nuisances
(70)
Ord 96 -34
Parks/Roller-
blades
(62)
Ord 96 -35
Building
(26)
Und Utilities/
Assess Dist 71
(89)
City of Newport Beach
City Council Minutes
September 9, 1996 INDEX
CONTRACTS AND AGREEMENTS
5.
Removed from Consent Calendar.
6.
PROPOSAL FOR COMBINED HELICOPTER LAW ENFORCEMENT
Orange County
OPERATIONS. Adopt Resolution No. 96 -76 to approve the reorganization
Cities/ABLE
of the AirBorne Law Enforcement (ABLE) Services combining the helicopter
C -3011
•
units of both the Newport Beach Police Department and the Costa Mesa
(38)
Police Department; authorize the City Manager to sign the revised ABLE
Memorandum of Understanding and to initiate Option One of the proposed
ABLE reorganization; and transfer $39,447 from the ABLE Helicopter Trust
Fund Account to the Police Department for the 1996 -97 fiscal year budget.
7.
COMPLETION AND ACCEPTANCE OF THE CORONA DEL MAR
CdM Water Main
WATER MAIN AND ALLEYS REPLACEMENT, CONTRACT NO. 3029.
Alleys Replace.
Accept the work; authorize the City Clerk to file a Notice of Completion; and
C -3029
authorize the City Clerk to release the bonds 35 days after the Notice of
(38)
Completion has been recorded in accordance with applicable portions of the
Civil Code.
8.
NOTICE OF COMPLETION - CORONA DEL MAR WATER MAIN
CdM Water Main
IMPROVEMENT PROJECT, CONTRACT NO. 3073. Accept the work;
Improve Project
authorize the City Clerk to file a Notice of Completion; and authorize the
C -3073
City Clerk to release the bonds 35 days after the Notice of Completion has
(38)
been recorded in accordance with applicable portions of the Civil Code.
9.
NOTICE OF COMPLETION - BALBOA ISLAND STREET LIGHT
Balboa Island
REPLACEMENT - PHASE I, CONTRACT NO. 3063. Accept the work;
St. Light Replace.
authorize the City Clerk to file a Notice of Completion; and authorize the
Phase I
City Clerk to release the bonds 35 days after the Notice of Completion has
C -3063
•
been recorded in accordance with applicable portions of the Civil Code.
(38)
10.
MacARTHUR BOULEVARD WIDENING - SEGMENT 1, PACIFIC
MacArthur BI
COAST HIGHWAY TO 1000 FEET NORTHERLY OF SAN JOAQUIN
Widening -Seg 1
HILLS ROAD. Approve Amendment No. 1 to a Consultant Agreement with
PCH/San Joaquin
Robert Bein, William Frost & Associates increasing the compensation for
Hills Rd
civil engineering services during construction by $34,500; and authorize the
C- 2825(a)
Mayor and the City Clerk to sign on behalf of the City.
(38)
11.
BUS SHELTER AGREEMENT. Authorize the Mayor to execute the
Metro Display
amended Agreement with Metro Display Advertising, Inc.
Adv. C -2839 (38)
MISCELLANEOUS ACTIONS
12.
PLANNING COMMISSION AGENDAS - September 5, 1996.
(68)
13.
BALBOA ISLAND CONDOMINIUM CONVERSION MORATORIUM
Balboa Island
PROGRESS REPORT. Receive and approve this report and direct the City
Condo Conver.
Clerk to notice a public hearing for September 23, 1996 for the extension of
(68)
the interim ordinance for nine (9) months and one (1) day, as provided for in
Government Code Section 65858.
14.
STREET REHABILITATION PROJECT STATUS AND DEFERRED
PW
MAINTENANCE (Requested by Council Member Cox). Receive and
(74)
file.
• 15.
PUBLIC WORKS RESPONSE TO POWER OUTAGE (Requested by
PW
Mayor Pro Tem Debay). Direct Public Works/Utilities Committee to
(74)
continue to monitor and follow -up on improvements over next 180 days.
16.
Removed from Consent Calendar.
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September 9, 1996
17. Removed from Consent Calendar.
18. Removed from Consent Calendar.
• Council Member Cox noted that Item 14 graphically illustrates the number
of streets in the City that haven't been touched in ten years and are in dire
need of work. He said he requested the report in order to give Council a
"heads -up" on the way the capital improvement projects and maintenance
projects are falling behind. Motion by Council Member Cox to approve the
Consent Calendar, except for those items removed (5, 16, 17 and 18). The
motion carried by the following roll call vote:
Ayes:
O Neil, Edwards, Debay, Cox, Glover, Watt
Noes:
None
Absent:
Hedges
Abstain:
None
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. CITY /CALTRANS COOPERATIVE AGREEMENT FOR METHANE
GAS MITIGATION.
City Manager Murphy explained that the actual cooperative agreement for
action by the State of California through the Department of Transportation
in the City of Newport Beach is a follow -up to earlier action taken by
Council. He said the agreement attempts to address a long -range or long-
term issue within the City in terms of the odor and methane gases which
have existed on West Coast Highway, in particular in the area between Hoag
Hospital and Balboa Cove. He noted that the area involves a state highway
• and staff has worked diligently through the State Legislature and through
Caltrans to effectuate an agreement between the City and Caltrans; and in
turn in cooperation with Hoag Hospital on a long range solution to reducing
and eliminating the odor and gases which exist in that area. He said this
particular agreement does not require the expenditure of any City dollars
directly. The City is acting as a facilitator to bring both Caltrans and Hoag
Hospital together and the agreement provides for the State of California to
contribute up to $750,000 for the design of a system to improve and
eliminate the methane and odor problem in the very near term. He pointed
out that Section 14 of the agreement (as originally distributed) indicated that
the agreement would terminate upon completion of construction of the
project and improvements and upon final payment to City by State, or on
September 1, 1998, however Caltrans has requested that the date be
changed to December 31, 2001. He pointed out that the section also
indicates, "whichever is earlier in time," so it could be terminated earlier.
Council Member Glover indicated that she pulled this item because she
needs to understand whether this agreement pertains to all parties on
Pacific Coast Highway, or only Hoag.
Mr. Murphy explained that Hoag Hospital is in the process of redeveloping
their property and as part of that project, they are required to relocate the
flare and install a new system. In conjunction with that and in recognition
of the fact that the property owners in the area have indicated there is still a
problem, a system should be put in place that will take care of the problem
• on a permanent basis insofar as possible. Since the problem exists under a
state highway, the state was approached about contributing financially to
the long -range solution, and through this agreement have agreed to
contribute up to $750,000 at this location in conjunction with the flare,
venting and scrubber system. To do something beyond this location would
require further study, analysis and likely further flares, vents or some sort of
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INDEX
Caltrans /City of
Newport Beach
Hoag Hospital
Methane Gas
C -3099
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City Council Minutes
September 9, 1996
INDEX
system before the problem could be solved. He said that there are methane
problems in a variety of areas and most of them don't directly relate to City -
owned properties. In this particular case there is no City property involved
per se, however the City has acted as a facilitator because of concerns with
the health, safety and welfare of the community. He stated that if directed to
• do so by Council, staff would be happy to meet with other property owners
and work toward a similar cooperative arrangement to solve other problems
within the City. Mr. Murphy explained that approximately two years ago
the old sewer line cracked and there were problems with the seals; and at
one point in time many of the methane gases penetrated that line, raising
the lower explosive levels very high, and closing portions of Coast Highway.
In conjunction with the replacement of that line, the City worked with the
parties and contributed approximately $3,000 towards the installation of
some PVC pipe in the trench to capture gases that may be trapped within
that work space through the trunk line system. He said the gases are
captured and put into the existing system that is flared at Hoag.
Public Works Director Webb reported that there is one other option that is
being considered as far as the Hoag situation. He said staff is working with a
consultant to determine whether or not it would be feasible to try to pipe the
gas from Hoag over to the Sanitation District and introduce it into their
digester system where it would be scrubbed and utilized as a part of their
methane program. He explained that the study will not be complete for two
to three weeks, however the agreement provides for the following two
options: 1) to improve the flared scrubber system on the Hoag site, or 2) if it
is proven feasible, to consider the construction of a pipeline to the Sanitation
District facilities. Mr. Webb, in response to Council Member Glover's
concerns, stated that once an option is selected staff will report back to
Council. In reference to her concerns about Mariner's Mile, he indicated that
before the option with the Sanitation District can be used, it has to be proven
• that the gases produced are of sufficient quality and quantity to be utilized
in the Sanitation District facility.
Mr. Murphy reported that staff would, as meetings are held with the
property owners in the areas addressed by Council Member Glover, keep in
mind that the County Sanitation District option may be beneficial to other
areas along Coast Highway. He said it is his understanding that the County
Sanitation District option at the Hoag site could potentially be a cheaper
option, therefore if the gases can be introduced into their system, it will
likely be the option pursued. He noted that the County Sanitation District
option would probably favor the Mariner's Mile area, however at this point
staff does not know whether it is feasible engineering -wise.
Council Member Glover stated that in supporting this, she wants to keep to
the forefront the other problem areas. She said this should be viewed as an
opportunity to solve those problems as well, and when the options are
reviewed and the report is back from the consultant, it should be facilitated
by the City.
Council Member Edwards voiced support for the agreement and noted that
this problem dates back to 1974 and Hoag has gotten "saddled" because they
have the release mechanism on their property.
Dolores Otting said she is concerned about the financial impact on the other
people besides Hoag and Caltrans. She said it was explained to her that the
• project would cost approximately $1.5 million and Caltrans has agreed to
contribute $750,000, or their share for the next twenty years. If after five
years there is another $1 million that needs to be taken care of, Caltrans
would be off the hook. She said that Balboa Coves and some businesses
along Pacific Coast Highway are affected, but seem to have been forgotten.
She voiced concern for these property and business owners and said she
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September 9, 1996 INDEX
heard they would be required to provide indemnification so
happened to their property, there would be no recourse.
Mayor Pro Tem Debay stated that she has been working for the last year and
a half with Balboa Coves, meetings have been held regularly and she
• communicates with their president. She said that the reason this project has
gone forward is because there were pipes in the ground already that became
disconnected when Pacific Coast Highway was widened and after they were
reconnected they overwhelmed the flare at Hoag. She said they have worked
with Caltrans because the gas sand is under the highway. She explained
that the problems will have to be solved incrementally because there is no
connection to Mariner's Mile at this point, however she assured Ms. Otting
that the citizens are not being ignored.
Motion by Council Member Edwards to authorize the City Manager to
execute the Cooperative Agreement between the City and Caltrans as
amended to change the termination date to December 31, 2001. The motion
carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes:
None
Absent:
Hedges
Abstain:
None
16. UPDATE CONCERNING COUNCIL OF GOVERNMENTS (Requested
by Council Member Glover).
City Manager Murphy explained how this item was placed on the agenda
and further noted that the recommendation on the original staff report that
was distributed to Council was to receive and file the report. He pointed out
• that a supplemental staff report was distributed, and based on Council
Member Glover's concern about the Board composition of the Orange County
Council of Governments ( OCCOG) the recommendation, after discussion
with her, the League staff and some of the other cities is to: 1) direct staff to
prepare a letter for the Mayor's signature confirming that the COG will not
participate in any land use decisions, including El Toro reuse planning; 2)
that the Council designate that Newport Beach will vote at an upcoming
League meeting for Huntington Beach Council Member Ralph Bauer as the
at -large Orange County City representative on the OCCOG governing board.
He stated that Mr. Bauer's opposition is from Lake Forest and Lake Forest
has another representative serving on the Board, therefore the
representation should be spread out. He explained that the third
recommendation is that Council direct staff to explore with the League of
Cities and the other cities, the establishment of a system of one vote per City
on the OCCOG board. He noted that the staff report provides the breakdown
of the current board composition. He said if directed staff will explore with
the League and other cities the modification of the current system to a
system where there will be one vote per City on the OCCOG board.
Council Member Glover said she asked for this to be put on the agenda
because of some activity in the County which made her aware of the fact that
COG, as she supported and voted on it, may have undergone some changes
on what they are trying to accomplish. She said she was surprised to see
that the twelve Orange County delegates to the Southern California Council
of Governments (SCAG) are also the representatives to the OCCOG.
• Motion by Council Member Glover to direct staff to prepare a letter for the
Mayor's signature confirming that the OCCOG will not participate in any
airport land use decisions, including El Toro reuse planning; designate that
Newport Beach will vote for Huntington Beach Council Member Ralph
Bauer as the at -large Orange County Cities representative on the OCCOG
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Orange County
COG
(54)
City of Newport Beach
City Council Minutes
September 9, 1996
governing board; and to direct the City Manager to determine the extent of
support for modification of the committee creating the COG such that each
city in Orange County has a vote on the governing board and to determine
the extent of support for a modification to the COG Joint Powers Agreement
(JPA) and related documents, including those pertaining to COG
responsibilities and jurisdiction, to eliminate any potential for COG
• involvement in any airport planning process or airport operational study.
She said that based on how the majority of people feel and the results of both
of the elections concerning El Toro, this is another area where the City has
to support the citizens of Newport Beach in their effort to see the realities of
an airport that will help the economy of the entire County.
Mayor Pro Tern Debay explained that she sits as one of the Orange County
delegates because she represents this district at SCAG, and is therefore a
watchdog for the City. She also noted that she sits on the Aviation
Committee at SCAG.
Council Member Cox spoke against the motion as stated, noting that he
doesn't have a problem with the delegate selection, however has a
philosophical problem with taking a position that OCCOG shouldn't
participate in any issues that individual cities are dealing with. He said that
if every other city that has an issue like an airport, a landfill or some other
type of issue, would have the same concerns, then the COG would be
ineffective. He said he also has difficulty with adding an additional nineteen
(19) members to this organization. He explained that he served almost ten
years on the Regional Planning Council and there was a huge amount of
debate over the years as to what the proper representation should be. As a
result, he felt the conclusion that was reached concerning representation
throughout the County was manageable in terms of the number of people.
He said that SCAG was in a similar situation, however they chose an option
• of having a 70 member board with an annual General Assembly meeting.
Council Member Glover pointed out that other cities also have concerns
about the representation and explained that the 12 Orange County delegates
to SCAG under the new plan would be replaced by one city /one vote.
Mayor Pro Tem. Debay explained that COG stands for Council of
Governments and is a group comprised of city governments (27 cities), the
Orange County Sanitation District, special districts in the County, and the
TCA. She said that the County of Orange and OCTA need to be brought in
so as to have full representation of all the County agencies. She said the
idea is that they all work together on planning issues dealing with air
quality, transportation, or things that impact the region as a whole, however
they have no authority and are not another layer of government.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Debay, Glover, Watt
Noes:
Cox
Absent:
Hedges
Abstain:
None
17. PARK DEVELOPMENT AT 3531 NEWPORT BOULEVARD.
City Manager Murphy reported that this item was on a previous agenda and
• involves property at Via Lido and Newport Boulevard. On June 10, 1996 the
City Council conceptually approved the donation of the site at 3531 Newport
Boulevard with the following contingencies: 1) that the City receive a formal
offer of donation of a fully developed park; and 2) the receipt of all necessary
County and State clearance documents verifying that the property is free of
soil and groundwater contamination; and 3) that there be an execution of an
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3531 Newport
Blvd Park
(62)
City of Newport Beach
City Council Minutes
September 9, 1996
INDEX
agreement with the Chevron Company to remediate any soil and
groundwater problems that might arise in the next twenty years. He said
that Mr. Jim Thompson, the primary facilitator or promoter of the creation
of a donated passive park site which would be landscaped as you enter the
peninsula, has very diligently been trying to raise the money necessary to
• buy the property and to date has raised $50,000 towards that goal. He said
that obviously this falls short of the necessary price to buy the land, since
the pending escrow is $300,000. He said that staff is recommending that the
Council approve in essence a contribution of $150,000 towards the purchase
of the site on the west side of Newport Boulevard and a contribution of
$7,000 for the purchase of the site on the east side. He said the effort to do
the fundraising and put together a passive park was initially offered and
suggested by Mr. Duda, the co- chairman of the Balboa Peninsula Planning
Advisory Committee ( BPPAC). He said the recommendations in the draft
report from the BPPAC group indicate that they would like to see a
comprehensive landscape plan included as a long -term part of the plan.
Motion by Council Member Glover to move agenda item 17 in order to
discuss it with agenda item 23 (another request for the purchase of
property). She said the two should be discussed together in order to allow
the Council to talk about setting priorities for the purchase of these
properties. She further said that another reason to consider the two
together is because Council Member Watt put together a history of where
the City stands with parks, the different areas before Council for
consideration and how they would be considered and prioritized. The
motion failed by the following roll call vote:
Ayes: Debay, Glover, Watt
Noes: Cox, Edward, O'Neil
Absent: Hedges
• Abstain: None
Council Member Watt stated that various factions have been attempting to
determine what is important to the City in terms of recreational and park
facilities, therefore she distributed a worksheet and said she was going to
suggest that a two -week work force be established to fill out the questions on
the worksheet. She said she listed the assumption that the City has four or
five items that have come up under Parks and Recreation, that are desired
and have varying degrees of priority. Another assumption is that the
development plan or acquisition can't wait; and another one is that the
development plans per se, such as the gym that might be proposed for the
16th Street site, don't have to be done this year and may be done over a
period of time. She said the amount of development can also be varied.
Another assumption is that the City isn't going to use funds other than those
that are aimed at recreation. She noted that the opportunities the City
currently have are as follows: Sunset Ridge, 3531 Newport Boulevard, the
Griswold property and 1601 16th Street. She stated that in each case she
listed what it is for, what the acquisition cost theoretically may be, what the
development costs might be, and what the per year maintenance and
operation costs would be. She said she also put down what she believes is
the priority listing. She said Sunset Ridge is a high priority because the City
has already gone a long way with doing something with that property. The
second one is the 3531 Newport Boulevard property, which is proposed as a
passive view beautification project, and a high priority in terms of the
BPPAC study to beautify the peninsula. The third one is the Griswold
• property that former Council Member Sansone said he wanted the City to
purchase and develop as a Corona del Mar view park. The fourth one is
1601 16th Street (Item 23), which if the City is going to consider purchasing,
would have to make that decision theoretically in three days. The fifth item
are the other priorities that are being discussed in relationship to the
recreation and open space element. She said she also included funding
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F1T1_1TDFq
sources and opportunities which includes various parts of the park -in -lieu
funds - $400,000 that the City currently has; $2,000,000 from Ford Loral in
two -three years; and a yearly amount of approximately $50,000 from park-
in -lieu funds. She said she wanted to consider these two agenda items
together because she planned to ask to set up a work force of two to three
• council members and two to three Parks, Beaches and Recreation
commissioners to determine the priorities in order to make a decision about
the 16th Street property. In order to put the views and perspectives in
proper order, Council Member Watt said this purchase should be assessed
along with the others listed on the worksheet that she distributed.
Jim Thompson, 3804 Sand Dune Lane, Corona del Mar, explained that they
are in the "can't wait" point at the moment. He said their escrow technically
expired on September 3, 1996, however the owners agreed to wait until the
Council made a decision tonight, and then will decide whether they want to
extend with him or sell the property to other parties. He explained that the
escrow amount is $300,000, they have raised in excess of $55,000 and their
efforts are ongoing. He said that if the Council agrees to match funds on the
acquisition, they plan to go back to the existing donors that have pledged
and ask them to possibly double their original pledge and to also challenge
their friends and neighbors to meet their pledge.
Mr. Thompson said that the toxic remediation could potentially extend the
escrow and explained that when they originally entered escrow, the sellers,
through the broker, said that they would provide a clearance from Orange
County Health, or whatever was necessary, by mid -June, however they have
not received it yet. He said that it has been about four years since they
began the remediation toxic clean-up effort and it appears that it is very
close to being done. Mr. Thompson also reported that the property has not
been appraised. He stated that the owner originally was asking $338,000 for
• the property, they offered $300,000 and felt that for the long -term it would
be worth paying more. In reference to ownership, Mr. Thompson explained
that he reviewed a tax code section provided by the City Manager's office
dealing with contributions of gifts to a public agency for various purposes,
one of which is beautification, park or open space. He said that he believes
this meets the tests so they have told the donors that they would be entitled
to a charitable deduction, but have also included the caveat that they talk to
their own tax consultants to determine if they are entitled or not. He
further explained that the original escrow is in his name, James E.
Thompson, with the intent that it be used for a park and will assign his
interests to an escrow in which the City would be the buyer and the donors'
funds would be donated straight to an escrow, not through him or any other
organization. He also pointed out that in addition to the financial side of
things, additional endorsements have been received from BPPAC, Balboa
Peninsula Point Association, Lido Isle Residential Association, Sister Cities,
as well as pledges for materials and services (100 palm trees, paint,
landscape architecture, civil engineering, etc.), which would be used to
reduce the cost of the development.
Council Member O'Neil commended Mr. Thompson, who took on this project
for no personal gain, and offered to do this. However, he said the City has
an obligation to not spend public funds without making sure they are getting
fair market value for the funds expended. He said there are also concerns
that are beyond the City's control that deal with toxic waste and liability
issues. He said he is willing to support this concept, however if the City is to
• make this commitment, there should be some timeline on it to further
negotiate the extension of the escrow and to raise the matching funds. He
said he feels the City should have a survey of the property in order to be
relieved of any concerns with regard to toxics, as well as a preliminary
appraisal report to get some general idea of the value.
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September 9, 1996
Motions Council Member O'Neil to approve an expenditure of $150,000
from Park In -Lieu Reserves to be used as matching funds to purchase 3531
and 3600 Newport Boulevard properties for passive parks contingent upon
the offer of matching funds remaining available for a period of ninety (90)
days, in which time the City is to be presented with the offer so the City
• Attorney can review it; that the City be provided with an appropriate Phase
I survey of the property to insure that the toxic hazardous waste problems
have been addressed and are under control; and that there be some sort of
appraisal of value to be sure the price that is being paid is within the fair
market value range.
Council Member Cox spoke in support of the motion, however said he is not
as concerned about the appraisal and he would hate to see $50,000 spent on
it. He also said that he views this property as completely different than
those on Council Member Watt's list.
Council Member O'Neil clarified that a full appraisal would not be necessary
and comparable sales information would be acceptable.
Robert Schoonmaker, 19 Canyon Island Drive, urged the Council not to take
the appraisal lightly and noted that an appraisal should not cost more than
$200 maximum.
Leslie Manderscheid, 610 Clubhouse Avenue, spoke in support of the project
and offered to double her pledge if the City approves their contribution.
Tim Collins reiterated the support of the BPPAC group and explained that
this meets the groups first priority, which is to beautify the peninsula.
Helen Jupenga, Lido Island, endorsed the project and noted that when
• people care about something, they are willing to pay more than just their
taxes.
The motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: Hedges
Abstain: None
18. HUMAN SERVICE GRANTS.
City Manager Murphy said that he pulled this item at the request of Mayor
Hedges and explained that City Council Policy A -12 establishes a $25,000
annual budget to provide financial assistance to organizations providing
services to local residents. He stated that a number of groups submitted
applications requesting funding and staff followed practices established in
the past to select the recipients of the grants. Mr. Murphy explained that in
1995 -96 the Newport Harbor High School Speech & Debate Team was
funded and the funding was dropped for the Orange County Human
Relations Council. He stated that originally the City did not receive an
application from the High School, however later found out that the debate
teacher did not receive the original notification since school was not in
session. He stated that Mayor Hedges has requested that the Orange
County Human Relations Council be excluded from funding and that funding
• be provided for the Newport Harbor High School Speech & Debate Team and
the funds be reallocated on a pro -rata basis. He stated that staff is also
recommending that Council Policy A -12 be referred to the Legislative
Committee to formalize the review process.
Council Member Cox explained that he voted against the proposal last year
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because he felt it was inappropriate and outside the scope of what
funding is intended for.
Motion by Council Member Cox to approve the human service grants in the
amount of $25,000 as follows and to refer this issue to the Legislative
• Committee to consider a formal structured selection process to be utilized in
the future.
Y.E.S. Harbor Area $ 3,000
ATSC 3,000
YMCA 9,500
S.P.I.N. 2,100
YMCA Community Counseling Services 1,500
O.C. Human Relations Council 2,900
O.C. Council on Aging 3.000
Total $25,000
Council Member Edwards spoke in support of contributing to the debate
team and questioned why the City would donate money to groups outside the
City.
Mayor Pro Tem Debay said that with the way the current policy is worded,
the debate team doesn't fit the criteria, however suggested that funding may
be available from Youth Services.
Council Member Glover spoke in support of funding the debate team noting
that the team is a small form of a human relations group since the children
in the program come from different income brackets and backgrounds.
Jean Wegener, 2108 Vista Entrada, cautioned the Council about opening
• Pandora's box with this funding and stated that education does not belong in
human services. She said the idea of funding through youth services is a
good idea, however it should be open to both high schools.
The motion carried by the following roll call vote:
Ayes:
Noes:
Absent:
PUBLIC HEARINGS
O'Neil, Debay, Cox, Watt
Edwards, Glover
Hedges
19. 1996 WEED ABATEMENT PROGRAM: CONFIRMATION OF WEED
ABATEMENT COSTS TO BE ASSESSED TO PROPERTY OWNERS.
City Manager Murphy briefly summarized the weed abatement program and
explained that this public hearing is the time and place for property owners
to raise their concerns before City Council.
Mayor Pro Tom Debay stated that she received a phone call from some
residents that live in the Newport Crest area claiming that there is brush
that is impinging on their property and asked that staff check into the
complaint.
Mayor Pro Tern Debay opened the public hearing, and, hearing no
• testimony, closed the public hearing.
Motion by Council Member O'Neil to adopt Resolution No. 96 -77 confirming
the weed abatement costs to be assessed to property owners. The motion
carried by the following roll call vote:
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September 9, 1996
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: Hedges
Abstain: None
20. CONSTRUCTION OF CURB, GUTTER AND ROADWAY ON LA
. JOLLA DRIVE FROM CLIFF DRIVE TO 300' SOUTH OF CLIFF
DRIVE.
City Manager Murphy explained that on August 26, 1996 the City Council
directed staff to use the procedures outlined in Chapter 27 of the Municipal
Improvement Act of 1911 to complete the construction of curb, gutter and
roadway on La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive.
He said this proposal was initiated by the property owners indicating an
interest in improving their neighborhood. He explained that this is a
partnership of sort where the property owners pay for the cost of curb and
gutter and the City proceeds to improve the street. He noted that La Jolla
Drive is a very old street that hasn't been maintained well and this will bring
it up to the standards of the remaining parts of the City of Newport Beach.
He explained that the Council is required to conduct a public hearing to hear
any protests from those that are not desiring to construct the named
improvements. He pointed out that in the petition submitted to Council on
August 26, 1996, all but two of the property owners on the street signed the
petition indicating their willingness to proceed. He said that if the Council
desires to proceed after conducting the public hearing, then staff should be
directed to continue with the procedures of Chapter 27 to complete the
construction of the improvements on La Jolla Drive.
In response to Mayor Pro Tern Debay, Public Works Director Webb explained
that the City s records indicate that the street has never been improved to
• public standards, yet it was a dedicated public alley or street right -of -way.
He said the streets and alleys of the other parts of the surrounding area
were improved using assessment districts in the 1940's and 50's, however for
some reason this area wasn't improved.
Mayor Pro Tem Debay opened the public hearing.
Ross Kuster, 240 La Jolla Drive, explained that he lives at the top of what
would be the improved area of the street, and his property would be
impacted most by the improvements. He stated he initially signed the
petition, however subsequent to that received a mailer which shows that the
improvements will prohibit access to his garage. He said that he will lose
four feet in front of his property which will keep him from having access to
the driveway, thus deeming the garage unusable. He said he has gotten
some rough scenarios from the Public Works Department on ways to fix it
and using those scenarios has estimated that it will cost in excess of $10,000
to put his property back together after the improvements are completed. He
said he would like to try to figure out if there is a way that the costs can be
shared. He said that at this point there is no other way but for him to protest
the improvement unless he can figure out a way to make his property usable
after the improvements are made.
Trent Harmon, 233 La Jolla Drive, explained that he was the one that
initiated the petition and said if he isn't mistaken, the petition stipulates
that the property owners would share equally for the reparation of the
• damage which would be done to his property or others. He clarified that La
Jolla Drive has been a dedicated public street since 1923 and it is not an
alley, nor has it ever been an alley.
Public Works Director Webb said he has not reviewed the plans in detail,
however staff has indicated that they feel that a design can be formulated to
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adequately take care of the problems articulated by Mr. Kuster. Mr. Webb
explained that there has to be a 50% protest to cause the Council to make a
finding that the project and assessment district cannot go forward.
Motion by Council Member Edwards to direct staff to continue with the
• procedures of chapter 27 of the Municipal Improvement Act of 1911 to
complete this project.
Hearing no further testimony, the public hearing was closed.
Mr. Webb explained the layout of the property and said one of the concerns
is how to design it to keep the water from going down into the driveway and
through the garage. He said the street width may have to be reduced in
order to keep the grade exactly as it is, or the grade of the driveway may
have to be changed. In response to Council Member Glover, Mr. Webb said
that this project will improve the street, as well as solve the flood problems.
He said right now the water runs down the westerly side of the street and in
some instances goes onto private property before it goes to the inland side.
The design will create a slope that will take the water away from the top of
the slope, down the inside of the slope, and then down to the bottom of the
hill where a catch basin has been constructed.
Council Member Edwards stated that he would be willing to continue this
matter, rather than act on it tonight, in order to get more information
relative to costs, etc.
Motion by Council Member Edwards was amended to continue this matter
for forty -five (45) days (or earlier) in order to allow time for staff to
determine costs, etc. for mitigation of the problems on the property at 249 La
Jolla Drive, and in the interim to keep Council Member Glover advised so
• she can work with her constituents. The motion carried by the
following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: Hedges
Abstain: None
21. AMEND THE NEWPORT PLACE PLANNED COMMUNITY
DISTRICT REGULATIONS TO REDESIGNATE EXISTING "RETAIL
COMMERCIAL SITE 1" (MacArthur Square) TO "GENERAL
COMMERCIAL SITE NO. 6" AND TO ADD INSTITUTIONAL,
INSTRUCTIONAL AND EDUCATIONAL USES TO THE LIST OF
PERMITTED USES, SUBJECT TO APPROVAL OF A USE PERMIT -
(BUSINESS PROPERTIES - Carolyn White - Applicant), 1701
CORINTHIAN WAY, 1660 DOVE STREET, 4251 -4255 MARTINGALE
WAY AND 4200 -4250 SCOTT DRIVE.
Assistant City Manager Wood explained that throughout this process staff
had some concerns about the number of changes to the text in this Planned
Community District. When it was before the Planning Commission the issue
was raised and there was a concern about the requested change in the text
which would allow a use for young children to be located very close to an
adult- oriented business while there are other provisions in the code that
• provide for a separation between these two uses to control secondary effects.
Although the Planning Commission recommended approval of the
application, staff continued to be concerned with this issue, therefore have
continued to work with the property owner to see if there would be a way to
resolve the issue. She said the revised resolution is an approach that the
applicant and staff both feel can work. She said that what is being proposed
is that rather than change the designation from retail commercial to general
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September 9, 1996
INDEX
commercial, it will remain retail and Item 14 is added to the list of permitted
uses in the district (instructional dance facility for adults and related retail
sales subject to approval of a use permit). She further explained that if
Council adopts the proposed resolution, the use permit would still require
Council approval.
• City Attorney Burnham clarified that what is being proposed would permit
the instructional dance facility and related retail uses with the instructional
dance facility, subject to approval of a use permit. He said the concerns
about the service of alcohol in conjunction with various events at the dance
studio were resolved through conditions imposed by the Planning
Commission.
Mayor Pro Tern Debay read the following statement into the record, "I have
reviewed this application as originally submitted and I am disturbed by the
potential implication. If approved, this amendment to the Newport Place
Planned Community text would allow the establishment of child- oriented
uses within close proximity to an existing adult- oriented business. In fact,
the proposal before us is in part to allow the establishment of a children's
gym within 300 feet of the adult- oriented business. As I understand it, the
studies have shown that adult- oriented businesses have adverse, secondary
affects, which among other things are incompatible with children's uses. In
fact, the City adopted an adult - oriented business zoning ordinance
specifically to reduce the impact of these secondary affects. However, after
having gone to great lengths to protect the community from the undesirable
secondary affects of adult businesses we are now asked to approve a zoning
amendment which will authorize the establishment and operation of a
children's land use virtually next door to an adult- oriented business. I, for
one, do not wish to expose children to these undesirable secondary affects
and for that reason, I cannot support the zoning amendment as long as it
includes the ability to establish children's land uses within such close
proximity to an existing adult- oriented business."
•
Mr. Burnham explained that the proposed modifications to the zoning
amendment addresses her concerns specifically and in fact eliminates them.
Mayor Pro Tem. Debay opened the public hearing.
L.C. Small, 17631 Fitch, Irvine, owner of the subject property, said he has
agreed to the withdrawal of his zoning application to change the zone and
has agreed to accept the modification of the Newport Place retail commercial
text by adding item no. 14 as amended with the words "subject to a use
permit."
Hearing no further testimony, the public hearing was closed.
Motion by Council Member Edwards to adopt Resolution No. 96 -78
approving an amendment to the Newport Place Planned Community text to
add `instructional dance facility for adults and related retail uses subject to a
use permit' to the list of `Retail Commercial' uses for Newport Place. The
motion carried by the following roll call vote:
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: Hedges
• Abstain: None
22. APPLICATION OF AVANT -GARDE BALLROOM (Andre Bonderman,
Use Permit
applicant), FOR USE PERMIT NO. 3583 TO ESTABLISH A
3583
BALLROOM DANCE INSTRUCTION STUDIO WITH INDIVIDUAL
(88)
AND CLASS INSTRUCTION; TO ALLOW OCCASIONAL EVENING
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September 9, 1996
SPECIAL EVENTS FOR DANCE EXHIBITION AND PRACTICE
FACILITIES WITH ON -SALE ALCOHOLIC BEVERAGE SERVICE
FOR THE PROPERTY LOCATED AT 4220 SCOTT DRIVE.
Assistant City Manager Wood explained that this item was called up by
• Council Member Edwards to allow Council the opportunity to keep their
options open relative to the Planned Community text amendment that would
allow for this conditional use permit. She said the Planning Commission
thoroughly reviewed this item and she believes the conditions that were
attached provide well for protecting the public and surrounding property
owners, and the applicant has agreed to those conditions.
•
Council Member Edwards said that in light of the previous action (Item No.
21) related to the change in the PC text, he will support the subject use
permit.
L.C. Small, 17631 Fitch, Irvine, spoke in support of the application for the
use permit subject to the provisions imposed unanimously by the Planning
Commission.
Hearing no further testimony, the public hearing was closed.
Motion by Council Member Edwards to sustain the decision of the Planning
Commission approving Use Permit No. 3583. The motion carried by the
following roll call vote:
Ayes:
O Neil, Edwards, Debay, Cox, Glover, Watt
Noes:
None
Absent:
Hedges
Abstain:
None
• Barry Zanck, 3714 -1/2 Park Lane, voiced concern about the Peat Marwick study
that cost $80,000, questioned what the purpose was and stated that he would
like to see something done with this report. City Manager Murphy explained
that the study has been categorized into areas and is being prepared for
presentation to Council on September 23, 1996.
Dolores Otting reported that some of tonight's meeting was not televised,
therefore the Council may want to review some of the materials presented on
Item 17 when considering Item 23.
23. REQUEST FOR PURCHASE OF SURPLUS PROPERTY.
City Manager Murphy explained that the Newport-Mesa Unified School
District (NMUSD) has declared this piece of property as surplus and
pursuant to the provisions of the Naylor Act the property must be offered to
the local city for other public use before it can be sold on the open market.
He explained that the agency desiring to purchase the property for park or
recreation purposes or for open -space purposes, must notify the disposing
agency of its intent to purchase the property within 60 days after receipt of
the agency's notification of intent to sell the land. He further explained that
• the offer was reviewed and considered by the Parks, Beaches and Recreation
Commission and they have forwarded a recommendation to the Council to
negotiate for the purchase of the property.
Mr. Murphy stated that he wrote a report on the subject matter and
reviewed the reasons why he is recommending that the Council decline the
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offer to purchase the property. He pointed out that the City currently has
two indoor recreational facilities - the West Newport Community Center on
the west side of the City and the Lincoln Gym on the east side of the City.
He stated that because of the reduction in the class room sizes, the City will
lose the use of the Lincoln gym for at least two years, however the
superintendent has indicated that the district will work diligently with the
City to provide alternatives for indoor recreational needs during the use of
the Lincoln gym for classroom use and towards a long term joint agreement.
He said the City is currently negotiating with the Boys and Girls Club on a
long term groundlease extension which would include joint use by the City
during the interim period of time that the School District anticipates the
need of the Lincoln gymnasium. He pointed out that there are currently
eight indoor gymnasiums located in the City that should be put to the City's
best use. He said that the City is anticipating receiving the largest amount
of park -in -lieu funds as the Ford/Loral site is constructed and has received
an advance of $400,000 and will receive an additional $2 million as the
project builds out. He said that it is unlikely that the City will see any
additional park -in -lieu monies of any significance since the City will have
developed all of the remaining large parcels with the Ford/Loral
redevelopment. He said he is concerned about exhausting all of the park-in -
lieu monies and leaving the City unable to acquire any other potential park
sites. He said another parcel to consider is the Caltrans West parcel,
referred to as Sunset Ridge, where the long term plan has been to require
the West Newport Oil property owners to acquire and develop this parcel of
land for active recreation purposes as a condition of their housing
development. He explained that this site is approximately 11 net acres of
open space and the use of all the remaining monies for the NMUSD site
leaves the City without the resources to either acquire or develop this site
independent of the West Newport Oil development timetable. He said that it
is his recommendation that the City Council respectively decline the school
districts offer to acquire the property. He indicated that the superintendent
told him that the district is interested in having affordable housing built on
the site, which meets one of Council's goals.
Council Member Watt reviewed the opportunities available for the west side
of the City noting that it is the area where facilities are most lacking.
Mr. Murphy pointed out that Government Code Section 54223 explains the
negotiation process and Education Code Section 39396 indicates that in no
event shall the price be less than 25 percent of the fair market value of the
land (the parcel was appraised at $540,000 in the spring of 1996). He
pointed out that the City s Parks, Beaches and Recreation Commission is in
the process of working with City staff on the preparation of an update to the
Recreation and Open Space Element to the General Plan.
Mayor Pro Tem Debay stated that it may be years before the homes are built
on the Caltrans West site and it is her understanding that they are working
on an appraisal of the parcel so they can put it up for sale. She said she
wants the City to be in a position to be able to act quickly if the land is put
up for sale.
Council Member Glover pointed out that it is unquestionable that the east
side of the City has more facilities due to the fact that The Irvine Company
did most of the development and set aside the land for parks. She said the
subject site is probably the only site on this side of the bay.
Motion by Council Member Glover for the City Council to express its
intentions to purchase the school district parcel located at 1601 E. 16th
pursuant to the provisions of the Naylor Act, Section 39390 of the
Educational Code, or other relevant provisions of state law; the City
Manager prepare, sign and send a letter to the NMUSD confirming the
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101
City's intention to purchase the property for the purpose of constructing a
gymnasium using funds from private sources with a further understanding
that the City would dispose of the property according to law if within two
years from the date of purchase, pledges have not been received from the
private citizens equal to the proposed cost of construction of the gymnasium;
that the Council finds that public lands in the vicinity of 1601 E. 16th Street
• are inadequate to meet the existing foreseeable needs of the community for
playground, fields or other recreation and open -space purposes; and the City
Manager is hereby authorized and directed to prepare and adopt a plan for
the purchase of properties in conformance with Section 39375 of the
Education Code. She suggested that the City purchase the property and
within two years of date of purchase the citizens have not been able to raise
the funds to construct the gymnasium, then the City has the authority to sell
the property. If that is done, the City would get the property at a discount
rate and two years later could put it back on the market and if the citizens
really want a gym there, they would have to raise the money, and if they
don't it would go back to the City.
City Attorney Burnham explained that under this scenario the City would be
required under the Naylor Act to offer the property back to the School
District and Govt. Code Section 54222 may require that the property be
offered to the County Recreation Department and state agencies at a price
not less than the purchase price.
Mr. Murphy indicated that the date to respond was extended from
September 1 to September 12 and his attempts to contact the
Superintendent about the possibility of another extension failed. He noted
that the site is irregularly configured, therefore the types of active uses that
could be developed on it would be limited. He said the cost to construct a
gym would be between $1.5 and $2.0 million.
• Dolores Otting questioned why the property can't be donated and the City
and School District work together to develop the property.
Bill Schonlau, Chairman of the Parks, Beaches and Recreation Commission,
explained that the City will lose the use of the Lincoln gym by the fall of
1997 and the programs will suffer unless substitute facilities are located. He
said they reviewed the schedule for the Lincoln gym and noted that
accelerated sports activity growth can be anticipated from the following
three areas: 1) more young families are moving into the area; 2) three major
developments have been identified (Downcoast, Ford/Loral and West
Newport Oil); and 3) female participation in sports will be increased due to
Title 9. He said the City is in need of a permanent replacement facility that
is free of joint use commitments. In response to questions raised by Council,
Mr. Schonlau indicated that the Commission did not discuss the use of the
Boys and Girls Club facility.
Mr. Murphy explained that the City has never used the Boys and Girls Club
facility. He said their lease agreement has expired and they are on a month -
to -month basis, therefore staff has taken the approach of negotiating on a
friendly basis, however the City can always exercise the option of taking the
property back.
Louise Greeley, 16 Swift Court, chair of the committee to acquire the Sunset
Ridge property, noted that sixteen organizations have endorsed the
• acquisition of this site. She explained the potential uses for the property and
urged the Council to keep the funds available for acquiring this property.
Mike Johnson, 5503 Seashore Drive, urged the Council to look at their
priorities and the limited amount of money they have to spend. He read a
short letter from Peter Todd.
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David Paine, 637 Saint James Rd., said that the City needs more field and
park area, however they need indoor facilities more. He said he believes the
City can acquire both properties. He said he isn't sure that the community
has the wherewithal to raise $2 million to construct the gym, however urged
the Council to purchase the property and then review and study their
• options.
Steve Stafford stated that this should be put to a vote of the people of
Newport Beach, as well as Costa Mesa.
Mr. Murphy explained that the City owns the Boys and Girls property and
have requested to sit down and negotiate an arrangement with them. He
said if they are unwilling to negotiate with the staff, then staff would come
back to Council with a request to allow them to be more assertive.
City Attorney Burnham explained that pursuant to Education Code Section
39397, the Council would be required to make a finding, approved by a vote
of two - thirds of its members, that public lands in the vicinity of the school
site are inadequate to meet the existing and foreseeable needs of the
community for playground, playing field, or other outdoor recreation and
open -space purposes.
Council Member Cox said he thinks this is bad investment and opportunities
like this come up year after year. He noted that the City owns a lot of
property and it hasn't been determined if any of it would be available for a
gym. He said if a gym is needed then a study should be done as where to
build it.
Council Member Glover pointed out that staff has been aware of this
opportunity for quite some time, however she has found it difficult to obtain
• information about the property or the Naylor Act from the City Manager
since he is opposed to the acquisition of the property.
The motion failed by the following roll call vote:
Ayes: Watt, Glover
Noes: O'Neil, Edwards, Debay, Cox
Absent: Hedges
Abstain: None
Motion by Council Member Edwards to direct the City Manager to write a
letter to NMUSD respectfully declining the offer to acquire the property.
Substitute motion by Council Member Watt to appoint Council Members
Debay, Glover and Watt and the three member open space committee from
the Parks, Beaches and Recreation Commission to review the City's
priorities and come back with a report in two weeks and vote at that time.
The substitute motion failed by the following roll call vote:
Ayes:
Noes:
Absent:
Abstain
• The on
Ayes:
Noes:
Absent:
Abstain
Glover, Watt
O'Neil, Edwards, Debay, Cox
Hedges
None
ginal motion carried by the following roll call vote:
O'Neil, Edwards, Debay, Cox
Watt, Glover
Hedges
None
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24. BASIC LIFE SUPPORT AMBULANCE TRANSPORTATION.
Fire and Marine Chief Riley reported that on May 28, 1996 the City Council
approved a program to begin Advanced Life Support (ALS) emergency
• ambulance transportation using existing paramedic personnel and vans, and
directed staff to conduct a Request for Proposal (RFP) process to select a
Basic Life Support (BLS) emergency ambulance transportation provider. He
indicated that the RFP process resulted in proposals from the City of
Huntington Beach, Lynch Ambulance and Schaefer Ambulance Service. He
reviewed the options presented to the Public Safety Committee (PSC) and
stated that they voted 2 to 1 (Hedges opposed) to forward a recommendation
to the Council to direct the Fire and Marine Chief to establish a City -
operated BLS emergency ambulance using one existing firefighter per shift
and one additional firefighter per shift.
Dolores Otting reported that the individuals that have followed this item for
three years were not notified of the PSC meeting. She questioned why the
KPMG overhead figure was added to all of the costs and why Schaefer
Ambulance Service was not given consideration. She voiced concerns about
putting private industries in Orange County out of business and noted that if
there are disasters, there won't be any private ambulances to assist. She
said that a couple of months ago she pulled an item from the agenda that
dealt with MetroNet, a dispatch program based out of the City of Anaheim.
She pointed out that the City has a 911 program, the City of Costa Mesa has
a 911 program, and the City recently spent $447,000 to join MetroNet, as
well as paid $330,000 in dues. She stated that Council directed staff to come
back with more information on what these various things would cost,
however that never happened. She said she believes the City could have
taken the $772,000 and given pay raises to the firemen instead of being at an
• impasse and taking their holidays away from them.
Council Member Glover, as Chairman of the Safety Committee, explained
that the normal 72 -hour notice was done, however cards were not sent out as
was done when the EMS was originally considered. She said that the cards
were sent out during the EMS hearing as a courtesy, however it was not a
requirement. She stated that the MetroNet issue has not been discussed by
the Safety Committee, however a report will be presented on where that
program stands. She said that when it was originally decided to send out the
BLS for privatization, the bottom line was that there wasn't enough money
or profit in the program for most businesses. She said the recommendation
from staff was that the City contract with Huntington Beach because their
bid came in at a lower level. She said that it is her opinion that if we City
staff is used to provide ALS, it would be inappropriate to not provide BLS.
She said this is something the City can do, and should do, however she
voiced concerns about pushing the private ambulance service in Orange
County out of business. She explained that Schaefer has agreed to be a
back -up ambulance service in the City and back -up services will always be a
top priority. She stated that based on the information provided, the fact that
the City is a government agency whose main role is to provide services, the
decision that was made is the best one that can be made.
Motion by Council Member O'Neil to approve the recommendation of the
Public Safety Committee to direct the Fire and Marine Chief to establish a
City- operated Basic Life Support emergency ambulance using one existing
• firefighter per shift and one additional firefighter per shift.
Steve Stafford spoke in support of the motion and the proposed program.
The motion carried by the following roll call vote:
Volume 50 - Page 298
1 1
BSL
Ambulance
(41)
City of Newport Beach
City Council Minutes
September 9, 1996
Ayes: O'Neil, Edwards, Debay, Cox, Glover, Watt
Noes: None
Absent: Hedges
Abstain: None
MOTION FOR RECONSIDERATION - None
• ADJOURNMENT - 10:25 p.m.
a•a *ixx « «xaxsmx *xxx��x*
The agenda for the Regular meeting and the Study Session was posted on
September 4, 1996 at 3:47 p.m. and the supplemental agenda was posted on
August 23, 1996 at 2:50 p.m., on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration Building.
City Clerk
•
Mayor
Volume 50 - Page 299
INDEX