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