HomeMy WebLinkAbout06/26/1995 - Regular MeetingROLL
CALL
Present
Motion
All Ayes
Motion
All Ayes
1r
u
CITY OF NEWPORT BEACH
eer_u1 Ae 1 u
MINUTES
v'
¢�¢c�
3
W
MMMUO
W
N
W
n
x
W
>
O
J
H
w
z
ALVVL/1A VVV,�V,L ,�,LL,,,�V
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: June 26, 1995 T
INE
CLOSED SESSION - 5:00 a.m. [Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None.
RECESSED AT 6:50 P.M.
RECONVENED AT 7:00 P.M. for regular meeting.
Pledge of Allegiance.
Invocation by Reverend Dr. Richard Todd, St. Andrews
Presbyterian Church.
x
x
x
x
x
x.
x
ROLL CALL
x
Reading of Minutes of Meeting of June 12, 1995, was
waived, approved as corrected on page 221, Item No. 9,
and ordered filed.
x
Reading in full of all ordinances and resolutions under
consideration was waived, and City Clerk was directed to
read by titles only.
Ken Bonner, representing the Newport Harbor Area
Chamber of Commerce, presented a check in the
amount of $11,000 from the ECONOMIC DEVELOPMENT
GOLF TOURNAMENT held May 15, 1995. He stated the
funds were raised to further the programs of the
Committee and to benefit their efforts in improving the
business climate in the City. He also announced that they
have already made plans for another tournament on
May 20, 1996.
Mayor Hedges presented a CERTIFICATE OF ACHIEVEMENT
FOR EXCELLENCE IN FINANCIAL REPORTING to Finance
Director Dennis Danner, given by the Government
Finance Officers Association of the United States and
Canada. Mayor Hedges congratulated Mr. Danner and
noted that this was the fourth consecutive year the City
had received this award.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SUBSEQUENT MEETING:
• Mayor Pro Tern Debay referenced a bridge seismic
safety study report that was in the weekly City
newsletter from the Public Works Director which
discusses the need for retrofitting of the bridges on
Lido Isle, Balboa Island, and Newport Island, and
requested the Fire Chief report back on how the City
would proceed in terms of emergency prepredness
procedures in the event any of these bridges were to
collapse due to a major earthquake.
Volume 49 - Page 261
►EX
ROLL
CALL
Motion
All Ayes
•
CITY OF NEWPORT BEACH
LrJ
M
U,
w7
W
LLJ
FJ
Q
X
ra
X
>W
0
Z
June 26, 1995
LQd
3820000
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 Items
removed:
ORDINANCEfS) FOR INTRODUCTION
Schedule for public hearing on July 10, 1995:
1. Proposed ORDINANCE NO. 95 -27, being,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADOPTING A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE FORD MOTOR LAND
DEVELOPMENT CORPORATION WITH RESPECT TO
THE FORD LAND /NEWPORT PROJECT
(DEVELOPMENT AGREEMENT NO. 8);
AND
Certification of EIR No. 153 /General Plan
Amendment No. 93 -2(A) /Planning Commission
Amendment No. 800/1'entative Map of Tract No.
14925, Proposed Residential Redevelopment of
the Ford /Loral Site, 1000 Ford Road, Newport
Beach - Ford Motor Land Development
Corporation requests approvals necessary to
redesignate the former Ford Aeronutronic /Loral
property from industrial to residential use with a
maximum of 500 single - family attached or
detached units at an average density of 5.1
units per acre, subdivide the property into large
lots for subsequent conveyance to builders, and
adopt a development agreement for the
project. [Report from Planning Department]
RESOLUTION(S) FOR ADOPTION
2. Removed from the Consent Calendar.
3. Resolution No. 95 -78, approving the application for
Bicycle and /or Pedestrian Funds under the ORANGE
COUNTY BICYCLE AND PEDESTRIAN FACILITIES
PROGRAM and approving the adoption of its
Bicycle and /or Pedestrian Plan. [Report from
Public Works Department]
4. Resolution No. 95 -79, designating a City Consultant
as an authorized CITY REPRESENTATIVE TO EXAMINE
SALES AND USE TAX RECORDS. [Memorandum from
Assistant City Manager]
Volume d19 - Page 262
MINUTES
INDEX
Ord 95 -27
GPA 93 -2(A)
PCA 800
(45)/(94)
Res 95 -78
Bicycle/
Pedestrian
(74)
Res 95 -79
Sale /Tax RecordE
(40)
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
A
3��Axoz
ca
nMMMU0o
q:
w
(n
w
o
�
J
J
'
June 26, 1995
INDEX
CONTRACT(S) AND AGREEMENT (S)
5. BAHIA CORINTHIAN YACHT CLUB TIDELANDS LEASE -
Tidelands Lease
Approve the recommendation of the Council
C -3057
Finance Committee to transition from an annual
(38)
Commercial Harbor Permit to a 35 -year Lease for
the tidelands bayword of the Bahia Corinthian
Yacht Club (BCYC); and approve the Option and
Lease. [Report from Marine Department]
6. CIOSA PARK PARCELS CONCEPTUAL PLANNING
CIOSA Park
CONSULTANT AGREEMENT - Approve execution of a
Landscape
Consultant Agreement for landscape architecture
C-2920(A)
services with the firm of Purkiss•Rose -RSI, not to
(38)
exceed $37,000 to provide concept plans for
CIOSA open space areas; funding from Park Fees.
[Report from Public Works Department]
7. LIDO PARK DRIVE BULKHEAD TIE ROD AND DECK
Lido Park Drive
REPLACEMENT CONTRACT NO. 2671 - Award
C -2671
contract to Wakehom- Baker, Inc., for the total
(38)
price of $122,122. [Report from Public Works
Department]
B. UPPER NEWPORT BAY UNIT 111 SEDIMENT CONTROL
UPPer Nwpt Bay
•
AND ENHANCEMENT PROJECT /AUTHORIZATION TO
C-2987
PROCEED WITH SURVEYING, ENVIRONMENTAL
(38)
DOCUMENTATION, RESOURCE AGENCY PERMITTING
AND ADDITIONAL PROJECT MANAGEMENT WORK
(CONTRACT NO. 2987) - Approve Consultant
Services Agreement with Rattray & Associates Inc..
to provide aerial, topographic, and ground
surveying services for a fee not to exceed $32,000;
approve Consultant Services Agreement with Helix
Environmental Planning, Inc., for preparation and
processing of California Environmental Quality Act
(CEQA) documentation for a fee not to exceed
$39,667; and approve Amendment to Consultant
Services Agreement with John M. Tettemer &
Associates. Ltd., (JMTA) to process and obtain
necessary resource agency permits and provide
additional project management services
necessary to pursue mitigation funding and
implement project for a fee not to exceed $70,820.
[Report from Public Works Department]
9. 1994 -95 STREET RESURFACING AND SLURRY SEAL
St. Resurfacing,
PROGRAM (CONTRACT NO. 3043) - Approve a
Slurry Seal
Budget (Amendment No. 042) transfer of $344,532.50
C -3043
•
from Account No. 7181- P301063A Street Widening
(38)
Right -Of -Way Acquisition to Account No. 7181 -
P5100142A; and award contract to All American
Asphalt for the Total Bid Price of $344,532.50. [Report
from Public Works Department]
Volume ,49 - Page 263
CITY OF
NEWPORT BEACH
MINIJTFIS
ROLL
CALL
L0
IY
a
M
W
¢
3MSUC70
}
w
W
W
;x0Z
W
°
W
'e
W
'
June: 26, 1995
INDEX
10. GENERAL LIABILITY INSURANCE /RENEWAL - Approve
Liability Ins
renewal of contract with ICW, for $358,355. [Report
(47)
from Risk Manager]
11. PERSONNEL VACANCIES - Report from Personnel
Personnel
Director.
(66)
12. CLAIMS - For Denial by the City Manager.
Claims
(36)
Janet Beal alleging City sewer backup caused
property damage on April 29, 1995 at 2182 Vista
Entrada; seeking reimbursement of plumbing costs.
Chet Gillespie alleging personal injuries as a result
of fire hose blowing off fire hydrant on Newport
Beach Pier while claimant was fishing from his
wheelchair on June 14, 1995.
Island Lagoon Homeowners Association seeking
reimbursement of $627.30 for plumbing work
caused by City leak at 40 -42 Ocean Vista on
February 21, 1995.
Harold Roy Kelfner alleging he was struck with
baton and sprayed with pepper spray by Police
Officer when stopped for possible traffic violation
on December 23, 1994; seeking damages for
personal injuries, etc.
Tony Shepardson alleging City high pressure sewer
cleaning trucks have caused toilet to overflow and
spray water on walls, etc., from 1989 to present at
42131 st Street.
13. Removed from the Consent Calendar.
14. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
Phcroachment
AND MAINTENANCE OF PRIVATE IMPROVEMENTS
(65)
WITHIN THE PEARL AVENUE PUBLIC RIGHTS -OF -WAY
ADJACENT TO 226 PEARL AVENUE, BALBOA ISLAND -
Approve the application, subject to execution of
an Encroachment Agreement for non - standard
improvements; 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 Director]
•
Volume 49 - Page 264
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
U,
(
Q¢
wMMM000
¢O
w
Ln
w
o°
Ww
Z
Jun�a26, 1995
INDEX
15. MEASURE M LOCAL STREETS AND ROADS PROGRAM,
Measure M/
1995/96 ELIGIBILITY APPLICATION - Adopt the
Streets & Roads
updated seven year Capital Improvement
(74)
Program and Pavement Management Program;
direct staff to submit the adopted programs and
confirmation of compliance with Maintenance of
Effort requirements to the Orange County
Transportation Authority to satisfy the eligibility
requirements for the Measure M funding program.
[Report from Public Works Department]
16. RESUBDIVISION NO. 980 - Approve and authorize
Resub 980
execution of a subdivision agreement
(84)
guaranteeing completion of the public
improvements required with Resubdivision No. 980,
located at 4545 MacArthur Boulevard and Birch
Street, in the Newport Place Planned Community:
accept the offer of dedication of right -of -way
along the Birch Street frontage for a bus turn-out as
shown on the Parcel Map: and accept the
relinquishment of access rights to MacArthur
Boulevard. [Report from Public Works Department]
•
17. CONSTRUCTION OF RIVER AVENUE WATER AND
SEWER MAIN REPLACEMENT PROJECT (CONTRACT
River Avenue
C -3050
NO. 3050) - Approve the plans and specifications
(38)
and authorize City Clerk to advertise for bids to be
opened at 2:00 p.m., Thursday, August 3, 1995 at
the office of the City Clerk. [Memorandum from
Utilities Department]
18. COUNCIL POLICY H -1 - Approve recommended
Cp H -1
changes in the HARBOR PERMIT POLICIES.
(69)
[Memorandum from Marine Department]
19. COUNCIL POLICY K -9 - Approve proposed CODE
CP K -9
ENFORCEMENT POLICY. [Memorandum from
(69)
Assistant City Manager]
20. SPECIAL EVENTS APPLICATIONS - Approve the
SPecial Events
following applications, subject to conditions in the
(27)
staff report from the Community Services Manager.
Application No. 95 -153 - Daniel S. Reich, M.D., to
host a wedding reception on Saturday, July 15,
1995 at 6410 West Oceanfront, with amplified
sound from 4 to 8 p.m.
•
Application No. 95 -168 - Big Canyon Country
Club to conduct a 4th of July Fireworks display
on Tuesday, July 4, 1995 between Fairways #1
and 9 at approximately 8:45 p.m.
Application No. 95 -171 - Newport Dunes Resort to
conduct 37th Annual 4th of July Fireworks display
on Tuesday, July 4, 1995 at approximately 8:30
p.m.
Volume 49 - Page 265
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
W
Cr
w
X
}
Q
W
;XOZ
=
°
W
0
+
o
June 26, 1995 INDEX
•
21. Removed from the Consent Calendar.
22. BUDGET AMENDMENT(S)
Budget Amendineni
(40)
BA -040, $17,596.30 - To provide for the expense of
medical and first aid supplies previously donated
(staff report presented on June 12, 1995 agenda
was approved); FIRE - Emergency Medical Service.
BA -041, $12,600 - To provide for completion of Off
Street Parking /PALM STREET BALBOA PARKING LOT
(CONTRACT NO. 3044) Street Rehabilitation
Program; General Fund Misc. Projects. [Report
from Public Works Department]
BA -042, $344,535.50 - To provide for 1994 -95 STREET
RESURFACING AND SLURRY SEAL PROGRAM
CONTRACT NO. 3043; Gas Tax Projects. [Refer to
report w /agenda item 9]
BA -043, $2,000 - Appropriation from General Fund
Balance Reserves for participation with other cities
and counties in raising $32,500 to be utilized for
lobbying for a permanent MORATORIUM BANNING
•
OFFSHORE OIL DRILLING. [Memorandum from City
Manager w /attachments]
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Report from Marine Department recommending
Mooring Fees
adoption of resolution, establishing MOORING FEES
(40)
AND LATE PAYMENT PENALTY pursuant to Section
17.22.050 of the Newport Beach Municipal Code
and rescinding Resolution No. 94 -53.
The City Clerk advised that after the agenda was
printed, a letter was received from Don Aakhus,
4509 Surrey Drive, in opposition to the proposed
change in mooring billing.
It was noted that the Marine Department is
recommending the billing method for moorings,
effective January I, 1996, be based on the length of
the boat that the mooring is authorized to
accommodate, rather than the length of the boat
registered to the mooring as it is currently being
billed.
Ed Wall, 8 Encore Court, addressed the Council
and stated he has a mooring, but was never
notified of the proposed change in billing
procedures.
Volume 49 - Page 266
CITY OF NEWPORT BEACH
MTNTTTF.q
ROLL
CALL
TJ
3�-�Qx0Z
w
3
>
a=°
W
WH
U
o
June 26, 1995 INDEX
•
In response to comments made by a speaker who
Mooring Fees
did not give his name, the City Manager stated
that mooring fees are deposited in the Tide and
Submerged Land Fund and used to support the
Marine Department and the City's Tidelands which
have been granted to the City in trust by the State
of California.
Tony Melum, Acting Marine Director, addressed the
Council and made the following comments:
Letters were mailed two weeks ago to
approximately 750 mooring owners based on the
most recent billing information on file, and of those,
between 30 and 40 letters were returned from
people who had moved and left no forwarding
address; the actual sizes of the mooring areas were
established around 1940 by the County of Orange;
moorings can be enlarged in an area where it is
appropriate and there are also opportunities
where moorings can be traded among the
mooring permitees if someone would like a smaller
mooring: the City of Newport Beach does not
provide any services connected with moorings
other than water and a boat location; in
contacting other harbor areas from San Francisco
to San Diego, there are very few areas that have
moorings within a harbor and what they generally
provide are restroom facilities, dinghy racks, and
parking inasmuch as those areas are owned by
the harbor district itself which is not the case in
Newport Beach.
The following persons addressed the Council in
opposition to the proposed change in mooring
fees:
Monty Snyder, 17929 Magnolia Avenue, Fountain
Valley, stated it is "unfair to turn the need for
revenue enhancement to the people who live
inland and come to Newport Beach to enjoy their
boats." He stated that rates have increased from
$6 per foot in 1976 to $20 per foot, and he felt it was
unfair for the City to raise fees just because of the
City's own "short- comings."
Robert Butler (no address given) stated he felt that
mooring permitees are not receiving a reasonable
return in services for what is paid in mooring fees,
and cited the algae and grass that grows on the
moorings and on the beach between 9th and 10th
Streets.
Volume 49 - Page 267
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
(tea'
n
WXQM:000
¢
w
w
o
>W
°
?
tune 26, 7995
INDEX
In response to the above, it was pointed out that
Mooring Fees
revenues received from moorings provide for
lifeguards, a clean harbor, the services of the
harbor patrol (safety and police), pump out
stations, and any capital projects associated with
Tideland properties, i.e., bulkheads, piers, docks,
etc.
Jerry Sokel, 734 Poppy Avenue, urged the Council
to postpone action on this item for further study.
He also felt the City should provide services to
justify the mooring fee.
John Bowman, P.O. Box 3211, Newport Beach,
indicated the City was making a 75% profit on
mooring fees which are maintained by the lessees,
and that some permittes will see a 40% increase,
but yet land value has decreased 30%. He urged
the Council vote "noe" on this issue, and that there
be a moratorium on further increases for a period
of three years.
Carter Ford, 117 Via Orvieto, stated that this
proposal was not well- noticed inasmuch as he has
•
two off -shore moorings and he only received one
letter, and that his zip code was incorrect; he also
felt the arguments in the letter from the Marine
Department are inconsistent, and that the
proposal is unfair, unclear and should be tabled.
Mayor Hedges noted that this issue originally came
up a few months ago at both a public noticed City
Finance Committee and Harbor and Beaches
Committee meeting, and that it was discussed
over the course of several meetings prior to the
recommendation before the Council at this time.
George Stivers, 21912 Seacrest Lane, Huntington
Beach, stated that when he comes to Newport
Beach to use his boat, he dines at the local
restaurants and patronizes the local shops. He is
also a member of the American Legion and the
Elks Lodge. He stated he rents a dinghy rack, and
because of the mooring increase, his cost will now
be $153 per month. He noted that he could rent a
dock in Huntington Harbor or Long Beach for $208
per month, and for that amount, he will receive
water, power and a place to park his vehicle. He
indicated he felt the City was almost to the point
of "driving" out mooring lessees, and urged the
Council to vote against this proposal.
Hearing no other comments from interested
persons, the City Manager noted that the
proposed rates would not be billed until January 1,
1996 and due and payable on February I, 1996.
Volume 49 - Page 268
CITY OF NEWPORT BEACH
MTNTTTF.q
ROLL
CALL
X
Q
L�XQ2000
H
Cr
rW
M
w
g
w
X
0
W~
0
-j
Z
June 26, 1995
INDEX
In response to questions raised by Mayor Hedges
Mooring Fees
•
and Council Member Watt, the Acting Marine
Director advised that in 1975, as a result of an audit
completed by the States Land Commission, the
actual administration of the moorings was turned
over to the County of Orange and a contract was
executed between the City and the County, for
administration by the County Sheriff and Harbor
Department, who establish the waiting list and
handle the transfer of moorings, the day - today
operations, as well as the every two year
inspections. The City is only involved at this point in
the annual billing based on records provided by
the County. There is a mechanism for enlarging a
mooring if it is in an area where it is appropriate, in
addition to the opportunity of trading for a smaller
mooring. Moorings can also be sold with the boat
pursuant to an informal unwritten policy. The
waiting list for a mooring is anywhere from 20 to 50
years.
Motion
x
Motion was made by Mayor Hedges to adopt
Res 95 -77
All Ayes
Resolution No. 95 -77 approving mooring fees and
late payment penalty, with the following additional
isparagraph:
6. The City Council reserves the right, in its sole
discretion, to increase or decrease the
annual fee at any time during any calendar
year and any modification to the mooring
fee shall be collected pro rata and in the
manner specified by the City Council.
13. AGENDA OF JUNE 22, 1995 /ACTIONS BY THE
Planning
PLANNING COMMISSION.
(68)
Motion
X
Motion was made by Council Member Glover to
All Ayes
schedule public hearings on August 14 for Use
Permit No. 3557 (permit establishment of
automobile storage facility for Avis automobile
rental fleet on property in the M -1 -A District): and
Use Permit No. 3558 (request to permit
establishment of administrative /clerical offices and
automobile maintenance facilities for Avis rental
fleet on property located in the Newport Place
Planned Community).
21. Report from City Attorney's Office recommending
Massage
•
acceptance of the determination of the Hearing
(27)
Officer as final and uphold DENIAL of MASSAGE
OPERATOR Permits for Sue Norman and Al Lien Ninh,
and MASSAGE TECHNICIAN permits for Coral
Roberts, Robin Covarrubias and Carolyn Stevens:
AND uphold determination of Hearing Officer to
GRANT an OPERATOR'S permit for Marie Nguyen.
Volume 49 - Page 269
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
¢�¢�
A
LJ
¢
3
W
q
w
=U
°
>W
C70
?
June 26, 1995 INDEX
on
x
Motion was made by Council Member Cox to defer
Ayes
action on the Massage Operator Permits
recommended for dental to July 10, 1995, but to
uphold the determination of the Hearing Officer
and grant an Operator's permit to Marie Nguyen.
PUBLIC HEARING(S)
23. Mayor Hedges opened the continued public
Budget
hearing regarding adoption of 1995 -96 FISCAL
(40)
YEAR BUDGET.
Mayor Hedges asked for public testimony on the
following Budget Checklist items:
HUMAN SERVICES ALLOCATION - $25,000
The City Manager noted that the above amount
was established by Council Policy A -10, and
included in the staff report are the various
agencies seeking funding.
Hearing no one wishing to address the Council on
Motion
x
this matter, motion was made by Council Member
•
Cox to approve the recommended allocation.
Mayor Hedges stated he will not support the
motion because he felt this was another
nonessential service: which he believes should be
cut.
Ayes
x
x
x
x
x
x
The motion was voted on and carded.
Noes
x
ARTS AND CULTURAL GRANTS - $40,000
Kim Kasell, representing Newport Mesa School
Foundation, spoke in support of their request for
funding, stating the only method in which children
are educated in the area of art in the schools is
through the various funding programs by public
agencies.
Frank Lynch, 1933 Altura Drive, stated he has been
involved in the Arts for many years, that cultural
support by a community is very important, and
that this is one way of getting young people
educated and introduced to the Arts.
Chuck McCann, 3700 Seaview, Member of Friends
of Oasis, stated that their center is the beneficiary
of the outreach and community work of the Arts
Commission in terms of many cultural events which
are well received and well attended. They also
Volume 49 - Page 270
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
cri
M
����
A
Ld
Q
UJ
M
Lo
W
0
U
wW
o?
U
0
June 26, 1995
INDEX
•
have a Meals on Wheels program which the City
Budget
helps fund for homebound seniors. They realize the
budget constraints the City is under, but feel the
benefits received by the users deserve continued
support by the Council.
Bob Guyett, President, Board of Directors of Master
Chorale, stated that economic studies done by
Chapman University have shown that a significant
financial benefit is returned to a community who
invests in the Arts, and as an example, is their
organization who presents concerts. The Arts
Commission is the City's "research arm" in assisting
the Council to invest City funds in ways that most
reflect the community needs. He urged the
Council to support the efforts of the Commission for
the welfare of the residents.
Maxine Gaber, Director of the Education
Department, Newport Harbor Art Museum, spoke in
support of the Arts and Cultural grants, and stated
the City's funding provides for two significant
programs which would not exisit if it were not for
•
this grant, Le, Arts in Residence, and Art in the
Schools.
Joann Fuerbringer, representing Orange County
Philharmonic Society, stated that for over 40 years
they have been bringing music and cultural events
to the County; the Arts are so intrical to everyday
lives, and our personal, social, economic and
cultural envionment is also shaped by the Arts. She
felt the City should be concerned with the quality
of life for its residents and one of the major
elements of that quality of life is the Arts.
Mitzi Tonal, representing Orange County
Philharmonic Society, read a letter from Dr. Fritz
Westerhout, incoming President of the Board of
Directors, in appreciation of the City's past
financial assistance of their music education youth
program, and urging continued support.
Molly Lynch, 606 Carnation Avenue, Artistic Director
of Ballet Pacifica, stated that the Arts is an
"important part of the fabric of our life here in
Newport Beach," and that the Arts organizations
represented at this meeting provide education
and enrichment in the schools; therefore, she
would urge the Council continue their support of
the Arts & Cultural funding.
Volume 49 - Page 271
CITY OF NEWPORT BEACH
Ikrjii01i 1 5
ROLL
CALL
q
3�
g
W
Q
MMM000
W
'n
gx0Z
W
O
R
J
J
June 26, 1995
INDEX
•
Mary Lyons, 36 Harbor Island, Vice - President of
Budget
Education for Pacific Chorale, thanked the
Council for their previous financial support. She
realizes each year how difficult it is for agencies to
fund the Arts, but stated that with "each dollar the
City spends on the Arts, you open the door to a
positive and enriching experience."
Burton L. Karson, 404 de Solo Terrace, Artistic
Director of the Baroque Music Festival, stated they
just completed their 15th season, and that he
concurred with many of the foregoing speakers
with respect to the value of the Arts in the
community. He stated that galleries, dance and
music concerts, etc., are all something we look
forward to and enjoy, and that their organization
has benefitted greatly from the City's financial
support in past years.
Penny McManigal, 16 Inverness Lane, encouraged
the Council to continue their support of the Arts,
stating she was the co-founder of the City's first Art
Festival; she has taught art in the elementary
schools as well as the Art Museum, and that the
•
"quality of our lives comes from the depth and
ability of knowing the Arts." She also asked the
Council to consider the establishment of an Art
Center for the community.
Ron Hendrickson, 1991 Port Claridge Place, Member
of Newport Beach Taxpayers Alliance, stated he
had the highest regard for the past speakers,
however, he is concerned about the City's
appropriate role in spending taxpayers' dollars
and would like the Council to approve a budget
that reflects the serious fiscal problems which
confront the City, such as the losses connected
with; I) Orange County bankruptcy, 2) sexual
harassment settlements, and 3) embezzelment by
former City employee. Because of these serious
budget problems, he believes the budget should
be treated differently this year and stated the City
has good reason for not doing business as usual.
He felt the primary role of the City is to provide
basic services for taxpayer dollars. He expressed his
concerns and opposition to the possibility of the
City placing a measure on a future ballot for
residents to pay for refuse pickup, and also stated
•
he felt it was not the role of the Council to
"disperse his tax dollars to various cultural groups,
no matter how deserving." He added that many
residents already contribute to these groups. He
referenced the proposal to add more parking
spaces to the City Hall parking lot as noted on the
Volume 49 - Page 272
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
Lri
.�-
Q¢WW00I
W
3A=U0o
¢
'
'
W
June 26, 1995
INDEX
budget checklist, and stated that inasmuch as the
Budget
•
City just entered into a parking agreement with St.
James Church for use of their parking lot, he was
opposed to spending another $49,000 to provide
addtional parking on the lawn of City Hall at this
time.
Michael Botwinick, 1221 Keel Drive, Director.
Newport Harbor Art Musuem, stated that
contributing to the Arts is 'one of the wonderful
investments in the infrastructure of our community
that works at an effecient and effective cost." He
commended the City Arts Commission for their
efforts, and stated the Commission brings the
attention of these various organizations down to
the community level with programs that are
desired and needed.
Marilyn Lynch, 1933 Altura Drive, Board of Trustees,
South Coast Repertory, stated she is hopeful the
City continues to support their group so that they
can continue to bring their "travelling"
educational show to the school children in
Newport Beach once again, and to give young
•
students their first theatre experience.
Motion
x
Council Member Cox stated that the issue of Arts &
Cultural grants has been a subject of "dear"
interest to him ever since he has been on the City
Council, and therefore, moved to approve the
allocation of $40,000 as requested on the budget
checklist.
Council Member Glover spoke in support of the
above motion, stating she felt that the various arts
and cultural events offered in the City, as well as
the library system, Art Museum, Chamber of
Commerce, Hoag Hospital, etc., are all
components extremely important to the residents
as well as economically important to the
community.
Mayor Pro Tern Debay stated she will also be
supporting the motion, noting that Arts supporters
are taxpayers too, and choose to spend their tax
dollars for this enjoyment; she felt the Arts
addresses the quality of life in the City and
contributes to it as well; she would also encourage
the private sector 'lo get more involved with the
Arts Commission.
Council Member Edwards stated there are very
few times when a Council or a City has the
opportunity to instill positive values to elevate the
human condition to inspire quality (not quanity) in
the community, and therefore, he will support the
motion.
Volume 49 - Page 273
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
M
��T-
q(r
W
3
W
Q
W
X
00
U
Ww
o
0
z
0
June 26, 1995
INDEX
Mayor Hedges commended the speakers who
Budget
addressed this issue and stated they are good
advocates for their organizations; however, he
disagrees with their position, even though what
they do is good. He stated the message we hear
throughout is that the measure of value in which
the City holds the Arts community is equated to the
amount of money the City contributes to it. If any
message is to be given, it should be the message
of fiscal responsibility, and the fact that the City
does not have the money for this purpose due to
the difficulty of providing a balanced budget. He
stated he also felt the funding requested could be
easily raised by those who are willing to support
the Arts. He cited areas which he felt "hurt" the
Arts in general, such as the exhibition of graphic
nudity at the Art Musueum which was seen by
young children, and the recent display of Lost
Objects at City Hail which was very offensive.
The motion made by Council Member Cox was
Ayes
x
x
x
x
x
x
voted on and carried.
Noes
x
• SIDEWALKS - CENTRAL BALBOA - $50,000
Dayna Pettit, 1741 Plaza del Sur, President, Balboa
Merchants and Owners Association, expressed
appreciation to the Council for their support and
encouragement they have enjoyed over the past
few years. She announced that on July I, they will
be dedicating the Wells Fargo Bank building
parking lot and their gift to the City, the Balboa
mural. Their next important step forward is the
completion of the "quick fix" on Main Street, and
that the Council's continued support is vital to their
recovery.
Elaine Linhoff, 1760 E. Ocean Boulevard, stated that
if the above allocation is approved, will that mean
that eight trees will be removed from Main Street?
Mayor Hedges responded in the affirmative, and
stated that the Parks, Beaches and Recreation
Commission gave approval to remove eighteen
trees; however, at this point, the plan is to remove
only eight trees.
Motion
x
Motion was made by Mayor Pro Tern Deboy that
•
the Central Balboa project be funded as requested
from the Curb and Gutter Replacement program,
General Services Accounts.
Volume 49 - Page 274
CITY OF NEWPORT BEACH
MT NTTTFS
ROLL
CALL
u•,
km
¢�¢'
n3
Lil
Q
3q2
w
w
0
U00
'W
°
?
June 26, 7995
INDEX
The City Manager noted that the Main Street
Budget
sidewalk project would provide for the removal
and replacement of sidewalks along Main Street
between Balboa Boulevard and Edgewater Place.
Included in this project is the removal of eight ficus
trees and narrowing the street in several locations
by making the sidewalk wider. The estimated cost
is $50,000.
All Ayes
The motion was voted on and carried.
• CITY HALL PARKING LOT - $49,000
The City Manager noted that this item was put on
the checklist by Mayor Pro Tern Debay and
provides for the construction of a 6,000 sq. ft.
addition to the City Hall parking lot adjacent to
the Finance Department offices. The parking lot
will provide 14 more parking spaces in front of City
Hall at the corner of Finley Avenue and Newport
Boulevard. With respect to the parking agreement
with St. James Church, he stated it provides that
the City can use their lot during the week and they
can in turn use City Hall lot on weekends. The
proposed City Hall parking lot addition would
serve two purposes, i.e., convenient visitor parking
and parking for the businesses across from City
Hall.
Mayor Pro Tern Debay pointed out that the above
parking would be metered and provide income,
and stated that if the eight new visitor parking
spaces are not metered, she felt they will be taken
by those people who cannot find a place in the
Pavilion parking lot. She noted that funds have
been set aside in the Off - Street Parking fund to pay
for this improvement. She also suggested staff look
into some type of monument sign for the front of
City Hall.
Motion
x
Motion was made by Mayor Pro Tern Debay to
approve the recommended allocation.
Council Member Glover stated that it was her
understanding employees would be using St.
James Church parking lot during the week, thereby
providing more parking spaces at City Hall for
•
visitors, and therefore, she is surprised to see this
item come before the Council. She stated she
does not want to see the lawn or trees in front of
City Hall removed for parking purposes.
Council Member Watt indicated she will not be
supporting the motion until the parking lot at St.
James is completed and it is determined that this
additional lot is really needed.
Volume 49 - Page 275
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
v,
3-PQ(MX
q
w3g2UC70
¢
w
w
0
-j
June 26, 1995
INDEX
On
x
Substitute motion was made by Council Member
Budget
Edwards to continue this item pending completion
of the St. James parking lot.
Mayor Pro Tern Debay emphasized that she does
not want to provide free parking spaces at City
Hall for local businesses.
All Ayes
The substitute motion was voted on and carried.
• PLANNING DEPARTMENT SALARY SAVINGS -
($157,000)
The City Manager stated that approximately
$51,000 of the above salary savings will be
achieved through the resignation of a Senior
Planner postion, and that the balance of $106,000
will require additional vacancies or other
reductions in the Department's budget by year
end.
Mayor Pro Tern Debay explained her reasons for
putting this item on the checklist, and stated that in
the interim, she has been assured by Mr. Delino,
Assistant City Manager /Planning and Building, that
•
they will be holding staff meetings to discuss the
new reorganization of the Planning Department,
and that staff reports will be coming to the Council
in 30 -day intervals; therefore, she will withdraw this
item from the checklist.
Motion
x
In view of the foregoing, motion was made by
All Ayes
Mayor Hedges to keep the $157,000 salary savings
in the budget.
• LITERACY SERVICE DONATION - ($20,000)
• LIBRARY PERSONNEL 17,487
• LIBRARY OFFICE SUPPLIES 2,513
Motion
x
Hearing no one wishing to address the Council on
All Ayes
this item, Council Member Cox moved to approve
the above three items as recommended.
• EXTENDED LIBRARY HOURS - $86,620
The City Manager noted that this item was put on
the checklist at the request of Council Member
Glover and if approved, would provide that
Mariners and Balboa branch libraries would be
open a sixth day each week. The current schedule
of branch hours was established in Fall 1993, as a
result of budget reductions in FY 1993/94. The
money to fund the extended hours would come
from the General Fund balance.
Volume 49 - Page 276
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
Q
3
W
3
MAxoz
Q
n
=
°
0
H
o
June 26, 1995 INDEX
•
Novello Hendrickson, 1991 Port Claridge Place,
Budget
stated she was in support of extending the hours at
the two -named branches so that the residents on
the opposite side of the Bay can continue to use
those locations inasmuch as many of the students
in those areas do not have transportation to the
Central Library.
Frank Lynch, 1933 Altura Drive, concurred in the
above remarks primarily for the benefit of children.
Motion
x
Council Member Glover stated she felt it was very
important to the community to provide basic
service at these two branch libraries, and
therefore, made a motion to approve the above
allocation with funding to come from the General
Fund balance.
Motion
x
Council Member Edwards stated he was very
"torn" on this issue inasmuch as he is a user of the
library once to twice a week, and he realizes the
need: however, he moved a substitute motion to
continue this item until the City Council has
reviewed the report from the City Attorney at the
special study session on July 24 as to manner in
•
which the City can legally charge for some of its
library services.
Council Member Watt stated she supports the idea
of keeping the Mariners and Balboa branch
libraries open another day, but would not be
opposed to continuing this until after July 24. She
stated she would also like to see the City
investigate the feasibility of charging fees for some
of the specialized services provided at the libraries,
such as the literacy program.
Motion
x
A substitute, substitute motion was made by Mayor
Hedges to extend the library hours at the Mariners
and Balboa branch libraries as requested, but that
the funds come from the present Community
Services budget.
Mayor Hedges stated that in making the above
motion, he felt that libraries should be open and
accessible to the people who pay for them, which
is the Newport Beach taxpayer, at a per capita
cost of $60 per individual. He agrees with a
comment in the staff report which states that
•
storyhours, children's programming and school
homework support continues to be a major
component of branch library service; however, he
does object to the position that the Board of
Library Trustees has placed the Council in with
respect to the budget they have recommended to
not have these branches open six days a week.
Volume 49 - Page 277
CITY OF NEWPORT BEACH
147518001M
3L�1
ROLL
CALL
TJ
cl:
M~
�w3wn-z°L90
~��
Lj
W
x
wW
o
z
June 26, 1995
INDEX
Mayor Pro Tern Debay stated she respects Council
Budget
•
Member Glover's concern with respect to
providing basic service, but noted that the libraries
in Costa Mesa, Laguna Beach and Irvine only
provide service four days a week.
Council Member Cox stated he was not going to
support Mayor Hedges' motion because he does
not think it is right for the Council to dictate a
policy to the Library Board, and felt that Council
Member Edwards' motion was more appropriate
at this time.
Ayes
x
x
The substitute, substitute motion made by Mayor
Noes
x
x
x
x
x
Hedges was voted on and FAILED.
Ayes
x
x
x
x
x
The substitute motion made by Council Member
Noes
x
x
Edwards was voted on and carried.
u COMMUTER VEHICLES - $25,000
The City Manager stated this item was placed on
the checklist by Council Member Glover, and
noted that the City in 1992 had 59 vehicles that
•
were being utilized for commuting purposes to and
from work, with the vast majority being used by the
Police Department; this number has been reduced
over the years, and to -date, there are 18 vehicles
being utilized by employees for commuting
purposes. Also, six additional vehicles have been
converted to auto allowances and combined with
that employee's salary, two of which will be
eliminated within the next few months. He stated
he has attempted to reduce the number of
commuter vehicles, as well as the automobile
allowance, as those positions are vacated. If the
Council were to eliminate all non - safety
employees utilizing City vehicles for commuting
purposes, the estimated reduction is $25,000 initially
and $90,000 to $100,000 over time, assuming fewer
total vehicles are required in the City fleet. If the
Council were to reduce the number of commuter
vehicles, he would request that the staff be
directed to meet with the appropriate employee
groups.
Council Member Glover stated that as part of the
•
"long -time culture" at City Hall, some of the non -
safety employees have been given City vehicles to
commute to and from work. However, there is also
a pool of cars available to employees as well as a
monthly automobile allowance of $325 given to
certain employees who have turned in their City
vehicle as an added salary incentive. She stated
she felt it is time for the City to make a "cultural
Volume 49 - Page 278
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
L0
Q�C�
A¢
W
a
W
A=
W
o
u
>W
o?
0
o
June 26, 1995
INDEX
change" and no longer provide employees with
Budget
•
City vehicles or vehicle allowance. She also felt
that a message needs to be sent to the community
that the City is coming into the nineties with some
of their practices.
Motion
x
Mayor Hedges moved to eliminate all commuting
vehicles, safety and non - safety, and all automobile
allowance, except for those employees under
specific contract, and that the staff be directed to
meet and confer with the appropriate employee
groups.
Council Member Cox stated he will not support
Mayor Hedges' motion because of the
methodology being proposed. He stated he
agrees with Council Member Glover that a
"cultural" change is needed at City Hall, but he
does not feel this is the appropriate approach and
that it would only cause more problems.
Council Member Edwards indicated he felt this
issue needed further review inasmuch as it includes
safety as well as non - safety commuter vehicles.
*on
x
Council Member Cox stated he felt it was
dangerous to "attack" the budget in this matter,
and therefore, made a substitute motion to leave
the $25,000 in the budget as recommended, but
that staff be directed to come back with an in-
depth review and proposed policy for all safety
and non - safety commuter vheicles.
Mayor Pro Tern Debay stated she thinks the
philosophy to change the "culture" at City Hall is
good; however, pursuant to previous agreements
made with various employees and employee
groups regarding City vehicles and vehicle
allowance, she will support Council Member Cox's
motion.
Mayor Hedges stated he will not support the
substitute motion because this is an issue that has
come up the last three years and is still not
resolved.
Ayes
x
x
x
x
x
x
The substitute motion made by Council Member
Noes
x
Cox was voted on and carried.
•
. TRAVEL AND MEETINGS - $82,680
The City Manager noted that the travel and
meetings account in the various departments does
not include specilized training (or post- training for
the Police Department).
Motion
x
Motion was made by Council Member Cox to
approved the recommended allocation.
Volume 49 - Page 279
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
M
3FMMX0z
M¢
walaxU0o
}
w
W
w
o
W
-J
H
June 26, 1995
INDEX
on
x
Substitute motion was made by Mayor Hedges to
Budget
not approve the recommended allocation;
however, if the City Manager or City Council feels
it is critical that certain employees, Commissioners
or Council Members, need to travel out of town to
a meeting, that specific justification be provided in
the form of a budget amendment to support the
allocation of funds for that meeting.
Mayor Hedges stated that his underlying reason for
making the above motion is because he felt that if
specific separate justification cannot be made for
those meetings, and the particular individual
cannot withstand the glare of public scrutiny, then
the City should not be spending money for that
purpose.
Ayes
x
x
x
x
The substitute motion made by Mayor Hedges was
Noes
x
x
x
voted on and carried.
Hearing no additional public testimony on the
proposed budget, the public hearing was closed.
Motion
A�Ayes
x
Motion was made by Council Member Cox to
Res 95 -80
adopt Resolution No.95 -80 approving the 1995 -96
Fical Year Budget as amended in the foregoing
actions.
24. Mayor Hedges opened the public hearing
regarding the following:
Proposed ORDINANCE NO. 95 -19, being,
Ord 95 -19
AN ORDINANCE OF THE CITY COUNCIL OF
Zoning
THE CITY OF NEWPORT BEACH AMENDING
(94)
SECTION 20.33 OF TITLE 20, OF THE NEWPORT
BEACH MUNICIPAL CODE, A REQUEST TO
CONSIDER AN AMENDMENT TO THE
COMMERCIAL DISTRICT REGULATIONS FOR
THE PERMITTED USES IN THE APF DISTRICT
(PLANNING COMMISSION AMENDMENT NO.
]?CA 819
819); AND
Proposed ORDINANCE NO. 95 -20, being,
Ord 95 -20
Zoning
AN ORDINANCE OF THE CITY COUNCIL OF
(94)
THE CITY OF NEWPORT BEACH, A REQUEST
TO CONSIDER AN AMENDMENT TO
DISTRICTING MAPS NO. 34 AND 35 TO
RECLASSIFY ALL PARCELS LOCATED BETWEEN
CAMPUS DRIVE, BRISTOL STREET NORTH,
BIRCH STREET, AND MACARTHUR
BOULEVARD, FROM THE M -1 -A DISTRICT TO
THE APF DISTRICT, TO ESTABLISH
CONSISTENCY WITH THE GENERAL PLAN AND
EXISTING DEVELOPMENT (PLANNING
PCA 821
COMMISSION AMENDMENT NO. 821);
AND
Volume 49 - Page 280
CITY OF NEWPORT
BEACH
MINUTES
ROLL
CALL
L0
(�¢'
a
LJ3g2000
Cr
w
w
0
'W
°
?
June 26, 1995
INDEX
Proposed ORDINANCE NO. 95 -21, being,
Ord 95 -21
Zoning
AN ORDINANCE OF THE CITY COUNCIL OF
(94)
THE CITY OF NEWPORT BEACH, A REQUEST
TO RECLASSIFY SPECIFIC PARCELS LOCATED
ON THE SOUTHERLY SIDE OF WESTCLIFF DRIVE
BETWEEN IRVINE AVENUE AND DOVER DRIVE,
FROM THE CNH DISTRICT TO THE APF
DISTRICT, TO ESTABLISH CONSISTENCY WITH
THE GENERAL PLAN AND EXISTING
DEVELOPMENT (PLANNING COMMISSION
PCA 822
AMENDMENT NO. 822).
Report from Planning Department.
It was noted that the above Zoning Amendments
were approved unanimously by the Planning
Commission on May 18, 1995.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made by Council Member O'Neil to
All Ayes
adopt Ordinance Nos. 95 -19, 95 -20 and 95 -21.
25. Mayor Hedges opened the public hearing
CIOSA
regarding the CIRCULATION IMPROVEMENT AND
(68)
OPEN SPACE AGREEMENT (CIOSA).
Report from Finance Director.
Mayor Hedges noted that there were 121 votes in
favor of the formation of the District and no votes
in opposition.
The City Manager rioted that the City Attorney had
modified the subject Resolution relating to the
Protocol Agreement and distributed revised copies
to the Council.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made to approve the Canvass and
Res 95 -81
All Ayes
Statement of Results of Election; adopt Resolution
No. 95.81 (as modified) declaring results of Special
Election and Directing Recording of Notice of
Special Tax Lien; and introduce proposed
ORDINANCE No. 95 -28, Levying Special Taxes
Ord 95 -28
•
Within the City of Newport Beach Special
Improvement District No. 95 -1 (CIOSA).
Volume 49 - Page 281
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
U,
¢�Cr0
a~
'�
W
¢paIOJ`
3g2VC70
m
W
x
Ww
o
z
June 26, 1995
INDEX
26. Mayor Hedges opened the public hearings
Ord 95 -22
•
regarding proposed ORDINANCE NO. 95 -22, being,
Water
(89)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
VARIOUS CHAPTERS OF TITLE 14 OF THE
NEWPORT BEACH MUNICIPAL CODE SETTING
THE BASIC 'WATER QUANTITY RATE AT $1.94
PER HUNDRED CUBIC FEET AND MODIFYING
THE WATER RATES FOR WATER SERVICES;
AND
Proposed ORDINANCE NO. 95 -23; being,
Ord 95 -23
Sewer
AN ORDINANCE OF THE CITY COUNCIL OF
(89)
THE CITY OF NEWPORT BEACH AMENDING
VARIOUS CHAPTERS OF CHAPTER 14.24 OF
THE NEWPORT BEACH MUNICIPAL CODE BY
ADJUSTING THE SEWER CONSUMPTION
CHARGE TO $0.13 FOR EACH HUNDRED
CUBIC FEET OF WATER DELIVERED UNTIL
DECEMBER 31, 1995, AND ADJUSTING THE
SEWER CONSUMPTION CHARGE TO $0.15
FOR EACH HUNDRED CUBIC FEET OF WATER
DELIVERED AFTER JANUARY 1, 1996, TO EACH
CUSTOMER CONNECTED TO THE CITY SEWER
SYSTEM.
Reports from Utilities Department.
It was noted that the primary reason for the
requested increase in water rates is due to the
12.25% increase in the price paid for water to MWD.
Regarding sewer rates, funds to operate the City's
wastewater collection and pumping systems are
derived solely from the revenues generated by the
sewer use charge and related fees.
Helen M. Kieran, 3201 Fourth Avenue, addressed the
Council in opposition to the proposed increase in
water rates. She stated she owns two units; only
occupies one unit, but is billed for two units. She
stated she only has one water and sewer
connection and since 1989 she has requested the
Water Department to remove the second
recycling fee, and water and sewer fees from her
bill. She stated she felt it was unfair for the City to
•
be charging "double" for a service she is not using.
The City Manager stated he has met with Mrs.
Kieran regarding her concerns, but inasmuch as
she has two units, she must be charged for those
units as it would be impossible for the City to go
out each month and determine which unit is
occupied and which unit is vacant.
Volume 49 - Page 282
ROLL
CALL
i
Motion
Ayes
Noes
Motion
All Ayes
•
0
CITY OF NEWPORT BEACH
MINUTES
L0
x
Q¢wwo
W
I-¢0
t-
3
w
g
M
2
x
0
>w
o
-j
0
z
,
0
June 26, 1995
I
Hearing no one else wishing to address the
Council, the public hearing was closed.
x
Motion was made by Council Member Waft to
x
x
x
x
x
adopt Ordinance Nos. 95 -22 and 95 -23.
x
x
27. Continued public hearing for CERTIFICATE OF
Cab
PUBLIC CONVENIENCE AND NECESSITY BY GOLDEN
(27)
COAST CAB COMPANY.
Memorandum from Revenue Manager.
x
Motion was made by Council Member Edwards to
continue this Item to July 10, 1995 as requested by
the applicant.
PUBLIC COMMENTS: None.
ORDINANCE(S) FOR ADOPTION
28. Proposed ORDINANCE NO. 95 -24, being,
Ord 95 -24
Section 1
AN ORDINANCE OF THE CITY COUNCIL OF
(53)
THE CITY OF NEWPORT BEACH AMENDING
SECTION 1.12.020 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO THE
AUTHORITY OF PUBLIC OFFICERS AND
EMPLOYEES TO ISSUE CITATIONS:
Recycled report dated June 6, 1995, from Assistant
City Attorney.
AND
29. Proposed ORDINANCE NO. 95.25, being,
Ord 95 -25
Refuse
AN ORDINANCE OF THE CITY COUNCIL OF
(44)
THE CITY OF: NEWPORT BEACH AMENDING
SECTION 6.04.080 AND 6.04.150 OF THE
NEWPORT BEACH MUNICIPAL CODE
REGARDING STORAGE AND PLACEMENT OF
REFUSE CONTAINERS.
Report from City Attorney.
The City Manager noted that Ordinance No. 95 -25,
Section 6.04.080 B. - Responsibility for Providing
Containers, has been amended to read as follows:
"The owner and tenant are each responsible for
providing the required number of containers,
provided, however, the occupant of any dwelling
unit for which a short term lodging permit has been
issued by the City shall not be responsible for
compliance with this section."
Volume 49 - Page 283
NDEX
12.020
Container:
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
¢�¢�
A
LaJ
¢
3
W
M
w
2
o
U
Ww
°
0
?
O
June 26, 1995
INDEX
The City Manager stated that a further
•
amendment to the subject Ordinance will be
coming back at a future date relative to the
enforcement process that the City will undertake
by way of the Police Department.
The City Attorney noted two minor typographical
errors in Section 6.04.150 of Ordinance No. 95-25,
Items 4 and C, and stated since the Council
introduced the modified language referenced by
the City Manager at their last meeting, he would
recommend adoption at this time.
Motion
x
Motion was mode by Council Member O'Neil to
All Ayes
adopt Ordinance Nos. 95 -24 and 95 -25.
30. Proposed ORDINANCE NO. 95 -26, being,
Ord 95 -26
Pacific View
AN ORDINANCE OF THE CITY COUNCIL OF
3PA 94 -1(F)
THE CITY OF NEWPORT BEACH ADOPTING A
(45)
DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF NEWPORT BEACH AND THE PIERCE
BROTHERS CORPORATION DOING BUSINESS
AS PACIFIC VIEW MEMORIAL PARK WITH
RESPECT TO THE PACIFIC VIEW MEMORIAL
•
PARK MASTER PLAN (DEVELOPMENT
Develop Agmt 7
AGREEMENT NO. 7).
Report from City Attorney.
Letter from Louis F. Heilig in favor of granting the
necessary permits regarding the Garden of Valor
Memorial.
The City Clerk advised that after the printing of the
Agenda, two letters were received from Kari Wolf
and Simon Rutherford regarding the Development
Agreement and the Garden of Valor.
The City Attorney presented the following modified
language to the Development Agreement as a
result of discussions since the last Council meeting
with residents, his office and representatives of
Pacific View relative to the Columbaria, the
installation of the Columbaria and the Garden of
Valor.
"Subsection 3.2.2 (d) - The Columbaria and
related construction, including flag poles and
•
flat work depicted on Exhibit I to this
Agreement shall be permitted in the Garden of
Valor, subject to compliance with, and the
payment of the penalty provided in the
Volume 49 - Page 284
CITY OF NEWPORT BEACH
MTNTTTF.fi
ROLL
CALL
3
w
3
�Axoz
m
m
uu
u
o
June 26, 1995 INDEX
Uniform Building Code. The improvements
Pacific View
•
described in Exhibit I are the only
improvements permitted in the Garden of
Valor. Pacific View shall plant box trees to
screen Garden of Valor improvements from
residences adjacent to the Eastern and
Southern boundaries of the property.
"Subsection 3.2.2 (e) - Family Mausolea and
Columbaria are prohibited on the property
except in those areas expressly permitted
pursuant to this Section 3.2(a) -(d).
"Subsection 4.10 (b) - Building Site: Portions of
Building Sites (other than Building Site E) are
designated on the Technical Site Plan (Exhibit
C) for use as ground burial. In those areas
designated for ground burial within any
Building Sites (other than Building Site E), Pacific
View may install: 1) Aesthetically pleasing walls
not exceeding three (3) feet in height
measured from the highest adjacent finished
grade (measurements shall be taken from the
uphill side of the wall); 2)Above grade
benches, markers or pillow blocks not to
•
exceed three (3) feet in height; 3)Gardens and
landscaping (including Family Gardens); and 4)
Complementary memorials and related
architectural features which do not contain
and which do not exceed eight feet in height
(measured from grade) subject to Building
Code compliance.
"Subparagraph 4.10 (c) - Ground Burial Outside
of Building Sites: I) Developed Areas (Areas I-
10). Those portions of the property currently
developed with ground burials (Areas 1 -10 on
the Technical Site Plan) shall be maintained in
a manner consistent with a lawn cemetery to
preserve the existing 'park -like' environment of
the property. 2) Undeveloped Areas (Area 11).
Area II as shown on the Technical Site Plan may
be developed in a manner complementary to
the existing improvements in that portion of
Area I between San Joaquin Hills Road and
Vista Del Mar Drive and between Building Sites
C & D."
The City Attorney recommended Ordinance No.
95 -26, approving the Development Agreement (as
modified), be re- introducted and brought back on
July 10, 1995 for adoption. He stated that in the
interim, he will work with Pacific View and the
residents to make sure that the Exhibits to the
Development Agreement are absolutely consistent
with the intent of the Council and the precise
language of the Development Agreement.
Volume 49 - Page 285
CITY OF NEWPORT BEACH
It f T NTT TT L+ 40
ROLL
CALL
¢�¢0
A
W
�
3
w
g
w
S
o
0
>W
°
0
?
0
1111 \V 1 JLJ &.7
June 26, 1995
INDEX
Karl Wolf, owner of 17 Carmel Bay and 1633 Castle
Pacific View
•
Cove Circle, addressed the Council and
referenced his letter dated this date and discussed
some of his concerns as follows: He objects to the
language that permits "mickey mouse" items in Site
G and prohibits them in Site E; allowing these items
(pillow blocks, benches, 3 -foot walls,etc.) will have
an adverse affect on adjacent homes and is
contrary to General Plan restrictions for new
projects; City should prohibit such items in Site G,
the some as has been done in Site E, as he sees no
justification; Section 5.2 of the Development
Agreement should be rewritten to limit ground
burial markers, plaques or memorial at or below
ground level only; Section 7.7 (the last sentence),
should also be rewritten as set forth in his letter, the
Covenant Agreement proposed by Pacific View
states that "all of its obligation shall automatically
be deemed void and have no affect in the event
any of the approvals are overturned and ruled
invalid," and to protect the City and homeowners,
he felt language should be added that states:
"further, in such event, all previously granted rights
•
and permits granted to Pacific View shall
automatically be deemed null and void and have
no effect whatsoever."
In response to the above, the City Attorney noted
that Site G will have screening provided by the
buffer zone, landscaping, crypt wall, and in some
cases, community mausolea; regarding ground
burial restrictions, he stated that without the
modifications that he proposed in the foregoing,
the Agreement would have allowed Pacific View
to construct anything with a Building Permit on any
of the developed or undeveloped areas of the
park, which he felt was a major concession on the
part of Pacific View and was a flaw in the
Agreement; the preliminary landscape plan and
the landscaping specifications will be modified to
deal with Mr. Wolf's concern relative to the trees
that would be used to screen Sunset Court.
Helen M. Kieron, 3201 Fourth Avenue, addressed the
Council regarding the Garden of Valor that was
installed without the benefit of a Building Permit.
She stated, in her opinion, "Pacific View has been
ignoring the law for sometime and getting away
with it, and that the Garden of Valor is trickery and
fraud."
Leonard Fish, 2 Twin Lakes Circle, addressed the
Council and submitted for the record he and his
wife's remarks made at the June 12 Council
meeting relative to Pacific View. He commended
the City Attorney for all his efforts with respect to
Volume 49 - Page 286
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
W
X
Q¢
w:KM
inQX0z
W
U)
w
o
U00
Q!
J
J
June 26, 1995
INDEX
the Development Agreement. He discussed what
Pacific View
•
he considers a "memorial park" and stated he
thinks it is unfair to the people who have been
buried at a memorial park to have their neighbors
suddenly having benches and other forms of
recognition that they do not have. He also felt the
proposed Covenant referred to by Mr. Wolf is "one
way" and ties the hands of the City. He stated he
could support this issue if the "lawn remained a
lawn."
In response to question raised by Mayor Hedges,
the City Attorney stated that he thinks the
concerns of Mr. Wolf and Mr. Fish are that if Pacific
View defaulted on the Development Agreement,
then the City would move to terminate the
Development Agreement and in so doing, would
terminate the Restrictive Covenant. He stated he
could add some language in the Covenant that
would tighten that potentially; however, the
Development Agreement contains specific
provisions that says that in the event of a default
by Pacific View, the City will go to Superior Court
and get an order to direct them to specifically
perform their obligations under the Agreement. All
the discretionary approvals based upon the
Council's action on June 12, are contingent upon
the execution of the Development Agreement and
Pacific View's compliance with the terms and
conditions of that Agreement. He also stated he
believes he can resolve the concerns expressed
with regard to the Restrictive Covenant.
Council Member Edwards indicated that normally
in contractural arrangements, there is language to
the effect that if some of the terms and conditions
are deemed invalid, they shall not invalidate the
entire agreement.
Eddie Allen, 21 Carmel Bay, addressed the Council
and stated that when he purchased his home two
years ago, he was told by Pacific View there would
be no further building. He stated if the
Development Agreement is approved, it will have
an adverse effect on his home as well as many
other homes in the area, and as a result, there
could be a lawsuit against Pacific View, unless they
could guarantee he does not see "one spec" of
•
their mausoleum.
Volume 419 - Page 287
CITY OF NEWPORT BEACH
sVI i i�NIil
ROLL
CALL
U,
¢
q
wan=c»o
¢
¢U
awo
A
°
WW
o
?
- - -
June 26, 7995
INDEX
The City Attorney stated that the Development
Pacific View
Agreement and the Technical Site Plan contains a
buffer zone that did not exist when this process
started; there is no interment within any proximity
of residences as was the case before Pacific View
even submitted its application for development,
and without this Development Agreement there
would be no restrictions on the development of
the remainder of the park.
Steve Schacht, General Manager of Pacific View,
addressed the Council and stated they support the
proposed modifications suggested by the City
Attorney and urged approval so that they can
proceed.
The City Attorney stated that in conversation with
Mr. Schacht earlier, Mr. Schacht indicated that the
additional screening of Sunset Court would be
commenced within 60 days after the Development
Agreement is approved, and that they would
initiate the process relative to the buffer zone as
soon as is legally possible.
•
Margaret Butt, resident of Corona del Mar,
addressed the Council and stated she felt the
residents of Spyglass Hill have been "a little hard"
on Pacific View, and that Pacific View ought to be
able to develop their land providing they stay
within the confines of the law. She also felt the
Garden of Valor is beautiful, and that Spyglass Hill
residents ought to "cool it."
Don Ritter, 23042 Via Serato, Mission Viejo,
addressed the Council and stated he is a life
member of the Veterans of Foreign Wars and the
Disabled Veterans, and is eligible for admittance to
Arlington National Cemetery; however, he plans to
be buried at Pacific View. He stated he was proud
to be an American and spoke in support of the
Garden of Valor.
Lee Shapiro, employee of Pacific View and 18 year
resident of Newport Beach, addressed the Council
and stated he is a Korean War Veteran and owns
burial property in Pacific View. Speaking as a
citizen and veteran, he stated there have been a
•
number of people who have come to the
memorial park and requested large monuments
over the years, and time and time again they have
been told that monuments are only allowed in
their garden section which was there before the
houses were built on Spyglass Hill. The reference
that Pacific View is doing something
Volume 49 - Page 288
CITY OF NEWPORT BEACH
MINUTES
ROLL
CALL
;'
3�WAxoz
w
3
m
U7
=
°
0
J
o
June 26, 1995 INDEX
they have not done before is not in order, and
Pacific View
everything that has been done in the park has
been in the very best of taste available using the
best materials. He stated that Pacific View takes a
great deal of pride in what they do and the way
they do it.
Motion
x
Hearing no others wishing to address the Council,
motion was made! by Council Member Cox to
move approval of the modified Development
Agreement as outlined by the City Attorney,
including the provision of the screening for Sunset
Court which is to commence within 60 days from
approval of said Agreement, and that the
landscaping limits be controlled so that they do
not protrude into the 430 foot height limit, and
further, to reintroduce Ordinance No. 95 -26 and
pass to second reading on July 10, 1995.
In response to question raised by Mayor Hedges,
the City Attorney stated that the concern
expressed is litigation that would be predicated on
a default by Pacific View which he thinks he can
resolve by modifying the Restrictive Covenant
accordingly and will discuss it with Pacific View's
legal counsel.
It was noted for the benefit of the audience that
the Garden of Valor will remain with screening to
be placed around it.
All Ayes
The motion was voted on and carried.
CONTINUED BUSINESS
31. BOARDS AND COMMISSION APPOINTMENTS:
Boards & Qnsn
Memorandum from Assistant City Attorney
regarding candidate for Parks, Beaches and
Recreation Commission and conflict of interest.
BOARD OF LIBRARY TRUSTEES
Mayor Hedges stated there are two vacancies on
this Board and requested each Council Member to
cast two votes. The green light signifies a yes vote,
and the white light signifies abstention.
X
x
Norman Loats
Green
X
x
X
x
x
X
X
x
X
x
Frank Lynch
White
x
Green
x
x
X
Frank Posch
White
x
x
x
x
Green
x
x
x
x
Julie Ryan
Whig
x
x
Volume 49 - Page 289
CITY OF NEWPORT BEACH
A4T NTT T'PWC
ROLL
CALL
A
W
3q:CUU0
¢
w
U
w
o
W
W
?
111 1 \ V 1 l "J I�l
June 26, 1995
INDEX
Frank lynch and Julie Ryan appointed to 4 -year
•
terms ending June 30, 1999.
CITY ARTS COMMISSION
Mayor Hedges stated there are three vacancies on
this Commission and requested each Council
Member to cast three votes.
Green
x
x
x
Marilee Stockman (for 1 -year term)
White
x
x
x
x
Green
x
x
x
Elana Donovan
White
x
x
x
x
Green
x
x
x
x
x
x
x
Riki Kucheck
Green
x
x
x
x
x
x
x
Catherine Michaels
In view of the results of votes cast for Stockman
and Donovan, a run -off vote was taken with
Stockman being assigned the green light and
Donovan the white light.
Green
x
x
x
Marilee Stockman
White
x
x
x
x
Elana Donovan
In view of the above votes cast, Elana Donovan
was appointed along with Riki Kucheck, Catherine
Michaels to 4 -year terms ending June 30, 1999.
CIVIL SERVICE BOARD
Inasmuch as this is a Civil Service Board Nominee,
no action of the Council was required, and Paula
Godfrey was reappointed to 4 -year term ending
June 30, 1999.
PARKS, BEACHES & RECREATION
COMMISSION
Mayor Pro Tern Debay announced that one other
person was nominated for this Commission at the
last Council meeting, but in discussion with the
candidate and the City Attorney's office, it was
found that there was a conflict of interest, and
therefore, that person's name has been withdrawn.
Mayor Hedges stated there are two vacancies on
this Commission and requested the Council cast
two votes each.
Green
x
x
x
x
x
x
x
Patricia Beek
White x
x x
x
x
x
x
Roy Englebrecht
Green x
x x
x
x
x
x
Phillip Glasgow
Volume 49 - Page 290
ROLL
CALL
•
Green
Green
White
Green
white
Green
White
CITY OF NEWPORT BEACH
MINUTES
v,
3
q
Ld
H
F-
Cl:
3gS000
Cr
w
Lj
Cw7
M
W
x
O
>
0
J
W
Z
,
June 26, 1995
IND
Patricia Beek was appointed to a 4 -year term
ending June 30, 1999; and Phillip Glasgow was
reappointed to 4 -year term ending June 30, 1999.
PLANNING COMMISSION
Mayor Hedges stated there are three vacancies on
this Commission and requested the Council cast
three votes each.
X
x
x
x
x
x
x
Anne Gifford
X
x
x
x
x
x
Edward Selich
X
X
Stephen Sutherland
X
X
X
X
X
X
X
x
x
x
x
x
x
Tom Thomson
X
x
x
x
x
x
x
Michael Toerge
Anne Gifford was reappointed to a 4 -year term
ending June 30, 1999; Edward Selich was
appointed to fill the unexpired tern of Mitchell
Brown ending June 30,1997; and Tom Thomson was
appointed to 4 -year term ending June 30, 1999.
Meeting adjourned at 11:00 p.m.
The agenda for this meeting was posted on June 21, 1995
at 4:03 p.m., on the City Hall Bulletin Board located outside
of the City of Newport Beach Administration Building.
Mayor
ATTEST:
A� ✓Tpp �*
r
�
City Clerk',,,
I
Volume 49 - Page 291
IEX