Loading...
HomeMy WebLinkAbout10/22/1984 - Regular Meeting'111111 11111111, in �- R- 1 COUNCIL MEMBERS REGULAR COUNCIL MEETING \61-yt. �A PLACE: Council Chambers 9TIME: 7:30 P.M. 0 DATE: October 22, 1984 R01 I MINUTES_ li -IIWA Present x x x x x x A. ROLL CALL. Absent x Don x B. The reading of the Minutes of the Ayes Meeting of October 9, 1984, was waived, and motion was made to defer approval of said minutes to November 13, 1984. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: None. E. PUBLIC. COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on November 13, 1984: (a) Proposed ORDINANCE NO. 84 -23, being, Ord 84 -23 Prkg /Rstrctd AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AMENDING SECTION 12.40.030 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING REQUIREMENTS FOR RESTRICTED PARKING ON PRIVATE PROPERTY. (Report from Police Department) Schedule for public hearing on November 13, 1984: (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: None. 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk Finley Tr/ to execute a Professional Services St Rcnstrctr Agreement with Fuscoe, Williams, C -2462 Lindgren and Short for Finley Tract (38) Street Reconstruction (C- 2462). (Report from Public Works) Volume 38 - Page 320 COUNCIL MEMBERS S o d+ \rAl� 0 Ona n �F $c^ rya+ GaP October 22, 1984 9 s MINUTES fTrf1WA (b) Approve sewer service by the City Costa Mesa of Newport Beach for property Sntry Dist/ located outside the City Boundary Swr Sery adjacent to Newport Terrace off C -2475 Sundance Street; request of Rollo (38) W. McClellan, Jr. and the Costa Mesa Sanitary District. (Report from Public Works) 4, COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) To Public Works for response, Npt /Balboa request from Michael W. Schwab, Ocean Prs Business Manager, United 184 -85 Brotherhood of Carpenters and C -2456 Joiners of America,.and Thomas L. (38) Benson of Los Angeles County Carpentry Joint Apprenticeship and Training Committee for information regarding Contract No. C -2456 awarded to Art Broman. (d) Removed from the Consent Calendar, (e) To Public Works for inclusion in the records, report from the PW /Channel Brdg Citizens Traffic Advisory Committee (74) regarding Channel Bridge on Newport Boulevard. (f) To City Clark for inclusion in the Claims/ records, A. C. Weishaar °s opinion Taylor regarding claim for damages filed (36) by diver John Taylor, suggesting the City appeal the court's decision. 5, COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Minutes of Orange County Local Agency Formation Commission, dated August 29, 1984, (b) Application of San Francisco Office No, 011 -84 -10-011 before the California Public Utilities Commission regarding grade crossings or railroad tracks pursuant to Section 2452 of the Streets and Highways Code. Volume 38 - Page 321 MINUTES 7nTW�4 (c) Supplementary Affidavit Application of Group W Cable No. CSR 2679, before the Federal Communications • Commission. 6. CLAIMS FOR DAMAGES — For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Aetna Insurance Company for Ward Aetna Ins/ Jewell who was served a summons and Jewell complaint regarding personal injury incident of Cecilia Forrester near 1307 Bayside Drive on August 23, 1983. (b) Auto Club of Southern California Auto Club for Mary Kent Davis, whose parked So CA /Davis vehicle was backed into by City refuse truck on August 31, 1984 at 417' Narcissus (claim also filed with the City by Mary Kent Davis on September 20, 1984). (c) Steve Wayne Brandon alleging Brandon injuries during arrest and that he was denied and refused medical care and treatment on September 9, 1984. (d) Fred Ebeling alleging false arrest, Ebeling Invasion of privacy, defamation of character, etc. by the Police • Department on June 24, 1984, at Newport Bay aboard moored Catalina Sailboat Mooring #H611. (e) Helen Korenberg for personal Korenberg injury /property damage as a result of traffic accident on July 3, 1984 at Bristol Street South /west of Jamboree Road, alleging City failed to provide proper notice to oncoming traffic of reduced lanes at City construction site. (f) Leonid Korenberg for personal Korenberg injuries, alleging that as a passenger he was involved in a traffic accident at Bristol Street approximately 192 feet west of Jamboree Road on July 3, 1984, as a result of construction work in the area done by the City. (g) Irene I. Haves and Douglas R. Haves Haves alleging personal injuries as a result of trip and fall on raised sidewalk at Eastbluff Drive, adjacent to Newport Beach Tennis • Club on July 5, 1984. Volume 38 — Page 322 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL oA Va ®LL October 22, 1984 MINUTES I Ra�--J (h) McClain Development Company for McClain Dvlp damages, as a result of cross - complaint by Estate of Scott • Husted, deceased against McClain Company for personal injuries by plaintiff Gordon Kilmer, Jr., on or about July 2, 1980 regarding bicycle path on Ford Road near Jamboree. (i) Jenell McKinnie alleging false McKinnie arrest, invasion of privacy, defamation of character, etc., on June 24, 1984 at Newport Bay while aboard moored Catalina Sailboat Mooring #H611. (j) Tyrone A. Pruett for personal Pruett injuries sustained on July 5, 1984 at the intersection of Pacific Coast Highway and Superior Avenue, alleging no street lights illuminating the area and intersection undergoing construction at this time. (k) Charles E. Schmitz for personal Schmitz injuries as a result of being struck while crossing street in marked crosswalk, alleging uncontrolled traffic lights at intersection of Balboa Boulevard and 30th Street on June 29, 1984 contributed to said accident. (1) Catherine Tessier as guardian for Tessier Edward Tessier for personal injuries when claimant's minor son dove into ocean striking his head on a hidden sandbar near the Beach at 1°B" Street on August 15, 1984, rendering him a quadraplegic. For rejection: (m) Late Claim of Orange Coast College 0 /Coast Associated Students seeking College reimbursement of cost of flag and Assoc ' standard which was stolen at the Students Newport Beach Arts Festival in Lido Village on May 19 -20, 1984. Volume 38 - Page 323 COUNCIL MEMBERS 9 C+ �F9 yt�p 6dt October 22, 1984 R(Di 9_ C ®L MINUTES (n) Late Claim of Linda Sawtelle for Sawtelle personal injuries as a result of being involved in traffic accident • when making left turn into Newporter Hotel, alleging nature of road and lack of adequate left turn lane caused accident and injuries at Jamboree Road, north of Back Bay, opposite Newporter Hotel on March 27, 1984. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjusters (a) Peter I. and Tina Redfern for Redfern damages, Orange County Superior Court, Case No. 430718. Claim was denied by City Council on January 9; 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve two Police Officers, Police Department. (b) Approve one Utilities Serviceworker, Sewer Division. 9. STAFF AND COMMISSION REPORTS: • For Council. information and approval - (a) Report from the Planning Department Planning/ regarding a letter dated September Balboa Inn 19, 1984, addressed to the Mayor, (68) from the L. Eugene Pickett Company, Inc., concerning the BALBOA INN HOTEL. (b) Report from the City Attorney Gfeller requesting City Council approval of Afrdbl Hag the GFELLER AFFORDABLE HOUSING Agm DEVELOPMENT AGREEMENT. C -2474 (38) (c) Financial report for Fiscal Year ending June 30, 1984. Finance (40) (d) Management letter from Simonis and Finance Moreland, City Auditors. (40) For Council information and filing - (e) Letter from Donald Simpson, SDiego Crk Consulting Civil Engineer, FC /Impvms regarding Scope of Work for San C -2219 Diego Creek Flood Control (38) Improvements and Sedimentation . Control. Volume 38 - Page 324 COUNCIL MEMBERS \CALi y y 'a 0 p ,v T Rot LL MP9��� October 22, 1984 MINUTES INDEX (f) Letters of appreciation to the City 0/C Arprt/ Council regarding active support in General opposition to AB 3804 from Airport (54) • Working Group of Orange County, Inc. 10. PUBLIC HEARING SCHEDULING - For November 13, 1984: (a) Appeal of application for USE U/P 2099(A) PERMIT NO. 2099 (AMENDED) by (88) Stephen and Lynn Curtis on property located at 332A Marine Avenue; request to amend a previously approved use permit which allowed the'establishment of a take -out ice cream shop (Haagen Daze) on property located in the C -1 District. The proposed amendment is to change the hours of operation from 10:00 a.m, to 10:00 p.m. daily to the following hours: 11:00 a.m. to 11:00 p.m., Sunday through Thursday during the summer; 11:00 a.m. to 10:00 p.m. Sunday through Thursday during the remainder of the year; and 11:00 a.m. to 11:30 p.m. Friday and Saturday, all year. 11. TRACT NO. 8336 - Approve an agreement Tract 8336 for nonstandard improvements located . south of Hospital Road and southeasterly of Superior Avenue in the planned community of Versailles -on- the - Bluff; authorize the Mayor and City Clerk to execute said agreement; and direct the City Clerk to have said agreement recorded with the Orange County Recorder. (Report from Public Works) 12. TRACT 10625 - Approve an agreement for Tract 10625 nonstandard street improvements for said tract, bounded by MacArthur Boulevard to the north and west and Roger's Gardens on the east, and the extension of San Miguel Drive on the South; authorize the Mayor and City Clerk to execute said agreement; and direct the City Clerk to have said agreement recorded with the Orange County Recorder. (Report from Public Works) • Volume 38 - Page 325 13. RESUBDIVISION NO. 777 - Approve a Resub 777 subdivision agreement guaranteeing (84) completion of the public improvements • (Resubdivision No. 590 located at 1821 West Bay Avenue on the southerly side of West Bay Avenue and Balboa Peninsula) required with Resubdivision No. 777; and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 14. RESUBDIVISION NO. 781 - Approve a Resub 781 subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 781 (located at 314 Jasmine Avenue, on the easterly side of Jasmine Avenue between Seaview Avenue and Bayside Drive in Corona del Mar); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 15. RESUBDIVISION NO. 720 - Accept the Resub 720 public improvements constructed in conjunction with Resubdivision No. 720 (located at 206 -43rd Street on the southeasterly side of 43rd Street, between River Avenue and Balboa Boulevard in West Newport); authorize the City Clerk to release the Faithful Performance Bond (!12 SM 564 -278); and release the Labor and Material Bond (#2 • SM 564 -278) in six months provided no claims have been filed. (Report from Public Works) 16. RESUBDIVISION NO. 744 - Accept the Resub 744 public improvements constructed in conjunction with Resubdivision No. 744 (located at 1819 West Bay Avenue between 18th and 19th Streets, on Balboa Peninsula); authorize the City Clerk to release the $350 Faithful Performance Surety (cash deposit accepted July 13, 1983 with Receipt No. 39204); and release the $350 Labor and Materials Surety in six months provided no claims have been filed (cash deposit accepted July 13, 1983 with Receipt No. 39204. (Report from Public Works) 17. PEARL AVENUE STORM DRAIN (C -2432) - Pearl Av/ Approve the plans and specifications; Strm Drain and authorize the City Clerk to C -2432 advertise for bids to be opened at 11:00 (38) a.m, on November 14, 1984. (Report from Public Works) Volume 38 - Page 326 COUNCIL MEMBERS \\x\p\kV1p <'p October 22, 1984 �f19 V P. ®1 MINUTES fIr #T*.11 18. STORM DRAIN IMPROVEMENT PROGRAM (C -2450) Strm Drain - Approve the plans and specifications; Impry Prg and authorize the City Clerk to C -2450 • advertise for bids to be opened at 11:00 (38) a.m. on November 13, 1984. (Report from Public Works) 19. BALBOA PIER HANDRAILING REPAIR (C -2427) Balboa Pier - Approve the plans and specifications; Hndrlg Rpr and authorize the City Clerk to C -2427 advertise for bids to be opened at 11:00 (38) a.m. on November 15, 1984. (Report from Public Works) 20. TRAVEL AUTHORIZATION AND EXPENSE RECORD Council - Approve Mayor Evelyn Hart's expense Expense record in the amount of $269.07 (33) regarding attendance at League of California Cities Conference in Anaheim during September 23 and 24, 1984. 21. Removed from the Consent Calendar. 22. HARBOR PERMIT APPLICATION 11124 -3400 - Harbor Perm Uphold staff's recommendation to refer $124 -3400 the application to the Tidelands Affairs (51) Committee for review and report back regarding Traweek Western to revise the commercial docks bayward of 3420 Via Oporto. (Report from Marine Department) 23. HARBOR PERMIT APPLICATION 11172 -831 - Harbor Perm Approve the application by Jeanette 11172 -831 Hennings to remove "Condition 113" on (51) said permit at 831 Via Lido Soud. (Report from Marine Department) 24. Budget Amendments - For approval: (25) BA -038 - $34,000, Increase in Budget Appropriations and Revenue Estimates to provide for contributions by Versailles ($17,000) and Newport Crest ($17,000) Associations for installation of traffic signals and safety lighting at Superior Avenue and Ticonderoga; Contributions Fund. BA -039 - $306,000, Increase in Revenue Estimates to provide for contribution by Hoag Memorial Hospital of one -half of one percent of the proceeds of Revenue Bonds and Reserve for Paramedic Program; General Fund. . BA -040 - $400,000, Decrease in Budget Appropriations to provide for reduction of Upper Bay bicycle trail appropriation to equal City's ($50,000) portion and • County and State ($350,000) contribution; General Fund. Volume 38 Page 327 COUNCIL MEMBERS 9c oo -5- sk .0 sA t� yt 9G V October 22, 1984 �ni a raa MINUTES r BA -041 - $365,000, Increase in Revenue Estimates to provide for AHFP revenues to fund Superior Avenue widening and • realignment and widening of West side of Jamboree Road from Ford Road to Eastbluff Drive North; Arterial Highway Financing Program Fund. BA -042 - $577.50, Increase in Budget Appropriations as donation to provide for the purchase of traffic signal detector by Coast Traffic Systems, Inc.; General Fund. BA -043 - $2,500, Increase in Budget Appropriations as donation received from the estate of Sanford R. Eades to enclose cabana at Oasis for workshop purposes; Parks and Recreation Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance adopting Development NoFord/ Agreement No. 2, was presented with a Koll Center report from the Planning Department. Plnd Cmnty (68) The City Attorney and Planning Director responded to various concerns in the development agreement, as was expressed by Council Member Strauss. In concluding his remarks, Council Member Strauss stated he was disappointed that the City would enter into this type of development in exchange for affordable units, which provides seven times as many dwelling units as originally proposed, when the affordability will only last for 10 years, and in the end he does not feel the City will have achieved anything. He does not feel this development is a "plus" for the City. The City Attorney pointed out a minor change in the agreement on page 19, .subparagraph (b), which he revised to read as follows: (b) Company has diligently, and in good faith, commenced and pursued to substantial completion, construction of the affordable units, construction of which was unaffected by the factors which caused the delay. • Volume 38 - Page 328 COUNCIL MEMBERS ti .o �0 moo¢ � "V- II& M,V C s �� ASP October 22, 1984 ROLL CAL Mo Ay Mc Al 4 Mc A- M A tion PW /PB &R /PD eness of x ce, was bject Following further comments by t es x x x x c Works x 901 for Attorney, motion was made to in n wall 41172 -901 as (51) e Marine x and schedule for public hearing November 13, 1984, ORDINANCE NO being, AN ORDINANCE OF THE CITY 0 BEACH ADOPTING DEVELOPMENT AGREEMENT NO. 2, TO ALLOW CONSTRUCTION OF 888 RESIDE. DWELLING UNITS AND 50,000 FEET OF COMMERCIAL SPACE I NORTH FORD PLANNED COMMUNI 295,000 SQUARE.FEET OF OFF IN KOLL CENTER NEWPORT. 2. A letter from Robert S. Clarke, President Elect of the Newport Community Association regarding issues affecting their area, wa presented. tion x Motion was made to refer said 1 1 Ayes the Planning Department for res with regard to the courses of a that have taken place as a resu three projects in the area; and that a copy of said response al forwarded to the Mariners Mile Area Plan Ad Hoc Committee. 3. A letter from West Newport Beac ' Association regarding City away the goals and needs within the association's sphere of influen presented. tion x Motion was made to refer the su .1 Ayes letter to the following departm response: - Item No. 2 to Parks, Beach Recreation; Items No. 3 and 6 to Polic Department; and Items No. 5 and 7 to Publi Department. 4. HARBOR PERMIT APPLICATION 5172 - Donald Koll to build a 30° groi bayward of 901 Via Lido Soud, u presented with a report from tb Department. )tion x Motion was made to defer action Ll Ayes subject application to November 1984, as requested by Gillis ar Marine Contractors for the appl ' their letter of October 22, 198 Volume 38 - Page 329 MINUTES ie City :roduce on 84 -24, Ord 84 -24 NEWPORT CHE VTIAL SQUARE 9 THE CY AND ICE SPACE Dpt leights specific s etter to ponse ction Lt of the further, so be Specific h PW /PB &R /PD eness of (74) ce, was bject ents for es & e c Works 901 for Harbor Perm n wall 41172 -901 as (51) e Marine on the 13, d Derby, scant, in 4. I 5. A letter from Stephen J. Fobes regarding PW /Arches bicyclists and the Arches Bridge, was Brdg presented. (74) Moon x Following comments by the Director of All Ayes Public Works and Mayor Hart, motion was made to refer the subject letter to Public Works for response. In addition, .that the staff report back at the next meeting on the status of the Arches Bridge with the State Transportation Improvement Program (STIP), and the cost of placing a bicycle lane on the north side of the current bridge. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 84 -21, being, Ord 84 -21 Permit /Pkg AN ORDINANCE OF THE CITY OF NEWPORT Meter BEACH MODIFYING SECTION 12.44 OF (63) THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR THE USE OF PARKING METER PERMITS AT METERS ON PUBLIC STREETS IN ZONES DESIGNATED BY RESOLUTION, was presented for second reading and adoption, with report from Traffic Affairs Committee dated October 9, and Public Works Department report dated • October 22, 1984. The City Manager advised that following introduction of the subject ordinance on October 9, 1984, letters were received from the Central Newport Beach Community Association, dated October 16 and 17, 1984, requesting the City Council adopt Ordinance No. 84 -21, but await preparation of any resolution designating parking meters in their specific area until their Association has had time to assess its impact. Motion x Following comments by Council Members Ayes x x x x x Strauss and Plummer, motion was made to Noes x adopt Ordinance No. 84 -21, with the understanding that a resolution providing for the use of parking meters not be considered by the City Council until further notification has been received from the Central Newport Beach Community Association per their request. • Volume 38 - Page 330 COUNCIL MEMBERS G ROLL CAL �¢a Gss October 22, 1984 MINUTES Engr/ Shltr I. CONTINUED BUSINESS: 1. Report from Traffic Engineer regarding Trfc BUS SHELTERS, was presented. Bus (85) The City Manager summarized the subject report and reviewed the four alternatives for consideration. It was noted that the bus shelter program would be a one -year pilot program covering ten locations. Jerry King, 979 Sandcastle Drive, Corona del Mar, representing the Newport Harbor Rotary Club, addressed the Council and stated that their organization began investigating the bus shelter program in January of this year as a public service project. He stated it would be their recommendation that the City enter into an agreement with Inter -City Shelters, as they felt this firm had a "premium quality product,11 and offered a very fair proposal to the City. John Hall, representing Shelter Media, Inc., addressed the Council and stated that they would like to participate in the City's shelter program and have, therefore, submitted a sealed bid to the City Clerk for consideration by the • Council. He stated that Shelter Media is the largest shelter operator in the United States with operations on both the East and West Coast. He recommended that the Council direct staff to solicit specific proposals for shelters from all interested companies that market shelters with advertising. Tony Mollicone, Partner /General Manager, Target Media, Inc., addressed the Council and spoke in support of their proposal to serve the City with bus shelters. Motion x Council Member Strauss indicated he did not think the City needed bus shelters, but did need additional bus benches, and therefore, motion was made to direct staff to institute an expanded program of providing bus benches; and if necessary, increase the amount already budgeted ($1,500) to $4,000 to provide adequate bus benches. Volume 38 - Page 331 Engr/ Shltr COUNCIL MEMBERS MINUTES October 22, 1984 RnL_L CAL INDEX Motion x Substitute motion was made to direct _ staff to institute an expanded program of providing bus benches; also evaluate the proposals submitted for bus shelters; and prepare an agreement with the firm selected by staff for a one -year pilot program covering 10 locations. Mayor Hart spoke against the subject motion with respect to bus shelters, indicating she was opposed to the shelters because of advertising reasons. She also felt that advertising impedes and distracts traffic. Ayes x x x x The motion on the floor was voted on and Noes x x carried. J. CURRENT BUSINESS: 1. APPEAL BY JOHN E. WERTIN from denial by Permit/ the Public Works Department for Encroachm application to construct a brick (65) driveway approach at 111 Shorecliff Road, Corona del Mar, was presented. Report from Public Works, was presented. It was noted in the staff report that City Council policies permit brick or stamped concrete to be placed in parkways. The staff tries to restrict brick or stamped concrete to those areas located between sidewalk and curb that are not used for pedestrian walkways. Also, the rationale for preferring the use of standard concrete drive apron is that it is considered to be safer for pedestrians and it is less costly for the City to repair should repair become necessary. Motion x Following discussion, motion was made to approve the application, subject to the execution of an encroachment agreement for nonstandard improvements; said agreement to come back to City Council for final review and approval. As suggested by Council Member Plummer, and there being no objections from the Council, staff was directed to revise the Council Policy relative to Standard Drawings applicable to Driveway Approaches and Sidewalks, including alternatives, for future review at a study session meeting. Ayes The motion was voted on and carried. Volume 38 - Page 332 COUNCIL MEMBERS \CALROLL • 0 MINUTES October 22, 1984 INDEX K. ADDITIONAL BUSINESS: None. Meeting adjourned at 9:00 p.m., in memory of Arvo Haapa, Publisher and Founder of the Newport Harbor Ensign newspaper, and long -time resident of Corona del Mar, who died on October 20, 1984. Mayor ATTEST: Aa /,& City Clerk �c Volume 38 - Page 333 INDEX