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HomeMy WebLinkAbout03/10/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS J� REGULAR COUNCIL M EETING PLACE: Council Chamber s TIME: 7:30 P.M. co 9G cp ROLL 9 i F9 DATE: March 10, 1986 MINUTES Present x x x x x x x A. ROLL CALL. on x B. The reading of the Minutes of the Ayes Meeting of February 24, 1986 was waived, Sion approved as written, and ordered filed. x C. Reading in full of all ordinances and All Ayes resolutions under consideration was — waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing Business regarding appeal from action of the City Lic /Verdult Manager denying application permit by Appeal ALAN VERDULT FOR SECONDHAND PERMIT. (27) Report from the City Attorney recommending continuance of the public hearing on the appeal, was presented. Motion x Motion was made to continue the public All Ayes hearing to April 14, 1986. 2. Mayor Maurer opened the public hearing U/P 3181 and City Council review of an appeal by (88) TADASHI SHIMADA, Torrance, from the denial by the Planning Commission on January 23, 1986, of USE PERMIT NO. 3181, a request to establish a . restaurant with on -sale alcoholic beverages on property located at 3422 Via Lido, on the northerly side of Via Lido, between Central Avenue and Via Oporto, adjacent to Lido Marina Village; zoned C -1. The proposal also includes a request to allow all of the required parking spaces for the subject restaurant to be provided within the off -site Lido Marina Village parking structure. Report from the Planning Department, was presented. Appeal application from applicant, was presented. The City Clerk advised that after the agenda was printed, a packet of information was received from Sandy Willford, owner of the subject property, relative to the subject appeal. . In addition, a "Summary of Parking Requirements for Lido Marina Village," . which was prepared in response to the above communication from Mr. Willford by the Planning Department, was also distributed. Volume 40 - Page 73 ..x „, , . e % 1;: COUNCIL MEMBERS \CAL ROLL q 9 �G� 9Gp 99� �9l c�F March 10, 1986 k.Di a 'All C° s F I �_ I COUNCIL MEMBERS 00 o� k\\\ �[ll 1 d° ®I $�*0 March 10, 1986 MINUTES 11U11WI Staff by owner Willford and U/P 3181 attached to the original . Application. Staff submitted a copy to the Commission). . "The Parking Agreement guaranteed the Lido Shops with two types of long -term parking spaces: "Paragraph V. B: 'Upon completion of the parking structure LIDO, at no cost of any kind, shall be entitled to the use of twenty -four (24) permanent parking spaces located on the top floor of the parking structure until December 31, 2008.' "Paragraph V. C: 'In addition to the twenty -four (24) permanent parking spaces, LIDO shall have the right to validation parking for a minimum of two hundred (200) parking spaces located throughout the structure.' "The Lido Shop owners have been given their 24 free parking spaces in proportion that their land area . relates to the total. Owner Willford owns 7,500 square feet, or slightly over one - third. Lido Marina Village, and its predecessor Koll, have given Willford, and his predecessors, 8 or one -third of the fre parking passes. In addition, according to the contract, Koll and Lido Marina Village have honored the minimum 200 validation parking spaces rights contracted for by the Lido Shop owners. "The Parking Agreement also gave the Lido Shops the right of first refusal to buy the parking structure. However, by agreement with the Lido Marina Village, the Lido Shops transferred that right to the Lido Marina Village on 25 January 1978. The Lido Marina Village acquired title to the structure subject to all the other terms of the Parking Agreement. . The parties have honored the Agreement ever since. Volume 40 - Page 75 CITY OF NEWPORT BEACH COUNCIL MEMBERS � s A s ti 9 o� R[ll I C ®1 G�ir �Al 0 ' ��9 F9 yF9 March 10, 1986 MINUTES In conclusion, Mr. Willford commented U/P 3181 that he has contractual parking rights, • undisputed by the parties to the contract, in excess of those required by the Municipal Code. Also, even if he . did not have parking rights, there is an excess of unused parking spaces in the structure which would allow the permit to be approved, and allow other existing permits to continue. He also felt the City has a legal obligation to honor the Lido Shop owners' parking rights, and that no harm will be done to others who have received use permits from the City, as there are sufficient spaces to accommodate all such permits. With regard to the parking agreement referred to by Mr. Willford, the City Attorney commented he felt Mr. Willford was correct to a certain extent in that the staff has indicated the City, in past decisions, has allocated parking spaces in the subject parking structure. If Mr. Willford can demonstrate conclusively that there is a contractual agreement which gives him the exclusive right to "those said spaces," the City's prior allocation would not be terribly important. However, there has been evidence presented by the other property owner that Mr. Willford is not entitled to exclusive use of the 200 spaces referenced in the parking agreement. There is the consensus, and in his opinion, that Mr. Willford is entitled to 24 exclusive parking spaces, and has a nonexclusive right to use the remaining spaces. The Council's role at this time is to determine if Mr. Willford has satisfied the Council that he has exclusive right to use the desired parking spaces. In response to some of the comments made by the City Attorney, Mr. Willford stated that they have not requested, nor demanded, any "exclusive" rights, and that they are not asking for 200 exclusive parking spaces. What they are stating is that their contractual right pursuant to their agreement is as follows: "In addition to the twenty -four (24) permanent parking spaces, LIDO shall have the right to validation Volume 40 - Page 76 CITY OF NEWPORT BEACH COUNCIL MEMBERS (o s� \'PP v f ROLL CAL March 10, 1986 MINUTES nnivn i parking for a minimum of two hundred U/P 3181 (200) parking spaces located throughout . the structure." Mr. Willford stated that they have legal . parking rights that should be honored and indicated, if necessary, they will litigate the issue. The Planning Director commented that the parking spaces in the parking structure have been allocated by the operators of the parking structure and management people in Lido Marina Village, and through the processing over the years of all the various use permits, etc., by the Planning Commission and City Council beginning with the construction of the parking structure some 13 years ago. The breakdown of those parking allocations is as shown on the report referred to earlier, entitled "Lido Marina Village Summary of Parking Requirements." The Planning Director also pointed out that, since the construction of the parking structure, there have been at least two changes in the ownership of Lido Marina Village. The staff figures show that, given the parking demands for the various uses in the Lido Shops, the parking in this area is at a shortage in terms of code parking. The fact that the parking structure has not been used to 100% of its capacity,,except during times of boat shows, attests to the fact that there is a certain resistance on the part of some people to use the parking structure. When the Planning Department refers to "exclusive" use, they are not talking about spaces that are necessarily marked with a designation such as "Magic Island" or the like, but what they are talking about is pool parking that would be available during the times that the various shops are open. In this particular case, the staff does not argue the fact that Mr. Willford has at least a right to use 8 of the 24 spaces that have been allocated to the Lido Shop area, but they do feel he does not have exclusive rights to all 24 parking spaces because there are other stores in . the string of shops along Via Lido. Volume 40 - Page 77 CITY OF NEWPORT BEACH COUNCIL MEMBERS F March 10, G (O 1986 ROLL MINUTES INDEX Council Member Strauss stated that he U/P 3181 agreed with the Planning Director with respect to the need for parking in the . Lido Shopping area, and that there is definitely not only a shortage of parking during the time of the boat . shows, but also year- round. Morgan Abbott, representing Orange Coast Developers, 3435 Via Lido, addressed the Council and stated that they are owners of the property where Hughes Market, Security Pacific Bank and Lido Theatre are located, and if the appeal is granted, it could create additional hardship on their parking lot, inasmuch as there is already a shortage of parking in the area. Motion x Mayor Pro Tem Plummer referred to the All Ayes "Summary of Parking Requirements for the Lido Marina Village," and indicated she needed clarification of some of the figures listed therein; and therefore, made a motion to continue the public hearing to April 14, 1986, for additional information from the staff. 3. Mayor Maurer opened the public hearing Upr Npt Bay, regarding UNIT II UPPER NEWPORT BAY Unit II/ SEDIMENT CONTROL AND RESTORATION PROJECT Sedmnt 6 (CONTRACT NO.. 2483). Restrtn Prj C -2483 Report from Public Works Department, was (38) presented. The Public Works Director summarized the staff report and reviewed the elements of the 208 sediment plan as follows: A. Improve agricultural land management practices. B. Improve construction land management practices. C. Install and maintain in- channel basins. D. Install and maintain in -bay basins. E. Stabilize channels within developing areas and dedicated rights of way. F. Install and maintain foothill basins. G. Monitor sediment delivery to Newport Bay and transport through the bay. Volume 40 - Page 78 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL .o`R ®LL Grit+ March 10, 1986 MINUTES INDEX It was also noted that the Unit II Upr Npt Bay project is the final in -bay element of Unit II . the plan. Previous work performed in the bay and in the San Diego Creek Channel consisted of the excavation of . approximately 350,000 cu. yds. of material from San Diego Creek, the construction of grade control structures to create sediment traveling basins, and the removal of about 500,000 cu. yds. of material from the upper end of the bay for the same purpose. Last year the Unit I in -bay project was completed and consisted of the removal of approximately 900,000 cu. yds. of sediment from the bay. The Unit II project, now under consideration, consists of the removal of about 800,000 cu. yds. of additional sediment with the possibility of about 300,000 cu. yds. to be removed in addition if State funding can be secured in next year's budget. This is a cooperative project with approximately 74% of the funding being provided by the State, 18% by The Irvine Company, 4% from the County, 4% from the City of Newport Beach, and a small portion from the City of Irvine. With respect to the Environmental Document, the Public Works Director noted that the document does not identify any long -term significant adverse impacts. The most significant short -term impact is that of potential conflict between recreational boating traffic and the dredging equipment, to which the staff and consultants have worked closely with the County Harbor District and with the Coast Guard to develop a traffic management plan to resolve this potential problem. Carl Wilcox of the State Department of Fish and Game, addressed the Council stating that Upper Newport Bay is an ecological reserve which encompasses two- thirds of the Upper Bay. Their major objective is to manage the area for wildlife value. Their main problem in the bay is sediment deposition and through the 208 process, they have been able to develop a program which the department feels will address the problem. They feel they have come to a point where as much as possible is being . done in the watershed, which was a previous concern to the department and delayed their funding maintenance work in the bay. Since they have arrived at Volume 40 - Page 79 COUNCIL MEMBERS s 9 ti ti �9 � ZA v P c� F March 10, 1986 0c ROL L MINUTES INDEX a plan through the 208 process, the Upr Npt Bay department and other State agencies have Unit II . funded work in the bay quite generously. The project under consideration will provide an opportunity to be on top of . the sediment situation and will allow them a mechanism for future maintenance operations which are not disruptive to the reserve and wild life in the bay. Mayor Pro Tem Plummer advised that the Department of Interior is pursuing a program of leasing off -shore oil tracts off the coast of California, and in one of their reports, which was prepared several years ago, there was discussion as to where the on -shore facility could be placed. One of the suggestions was to have a supply depot in the bay, which she assumes would be the upper portion of the bay. Mayor Pro Tem Plummer asked Mr. Wilcox if he thought the Department would be able to accommodate a supply facility to take care of the drilling rigs out on the ocean. Mr. Wilcox stated that he was totally unaware of such an idea and was sure that such an activity would not be allowed in the reserve. In response to Council Member Heather regarding the appearance of the Upper Bay, Mr, Wilcox stated that with the Early Action Plan, the department was able to create an additional 35 acres of wetland within the bay from an area which was the salt- ponds, and from that expanded later to 90 acres from the Unit I project. More habitat has been created resulting in increased title flushing. They are constantly working to improve the Upper Bay; however, improvements do take time. Don Simpson, Project Engineer, addressed the Council and discussed proposed methods of construction for the project, which will involve substantial barge traffic in the bay for a period of 9 to 12 months. Depending on the method of construction selected by the contractor, it is anticipated there will be anywhere from 5 to 13 round trips a day using . large barges. A second alternative is the utilization of a large clam shell which will minimize the amount of water that is hauled out on the barges. As Volume 40 - Page 80 Fr L CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL . 5 ROLL ms `s March 10, 1986 MINUTES fTrlTMVi a third alternative, it is proposed to Upr Npt Bay load the barges off - shore, thus avoiding Unit II . traffic in the bay; however, this method appears to be more costly. The hours of operation would be six days a week, 24 hours a day, except during the summer months where no work will be done on Saturday or Sunday. Edwin Amyes, 311 Morning Star, Vice President of Dover Shores Community Association, and member of their Dredging and Water Quality Committees, addressed the Council and stated that they support the dredging project and would like to see the "clam shell" method of operation used. They also feel that in the interests of the residents of the City, an ad -hoc committee should be established to monitor the sediment coming in the bay. The committee should consist of people who live on the.water in all.areas of the City and are impacte8,by water quality deterioration. Council Member Hart commented that pursuant to the Early Action Plan and Phase I, there are now two completed desilting basins in San Diego Creek, and another basin being planned. She noted that silt is trapped in the desilting basin before it gets into the upper bay. Maintenance of the basins has proved economical since contractors can use the material trapped in the basins for fill -in construction. The dredging proposed in the Unit II project will create a much better flushing action for the Upper Newport Bay. She emphasized the concerns and interest of the City Council in improving the Upper Bay. Dr. Alan V. Andrews, Commodore, Balboa Yacht Club, 1801 Bayside Drive, Corona del Mar, addressed the Council and stated that they were not consulted or advised of the details of the proposed project; however, they do support the end result, but are concerned about the impact it will have on the lower bay with recreational boating activities. They are particularly concerned with the area of the bay known as the "narrows" and barges traveling up and down the bay interfering with not only their activities, but other recreational boaters. They are also concerned with the possibility of leakage during transport to disposal site, and would I Volume 40 - Page 81 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 9 9J CFC` R(1LL GS`p <� F9 y�P March 10, 1986 MINUTES favor the 1 °clam shell" method of Upr Npt Bay operation. In conclusion, they have Unit II • many recreational programs planned, as do other yacht clubs, and would appreciate being advised as this project . gets underway. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to accept, approve and All Ayes certify the Final EIR as indicated in Attachment A; make the findings contained in the Statement of Facts (Attachment A, Exhibit I) with respect to significant impacts identified in the Final EIR; find that the facts set forth in the Statement of Overriding Considerations (Attachment A, Exhibit 2) are true and are supported by substantial evidence in the record, including the Final EIR; with respect to the project, find that although the Final EIR identified certain unavoidable significant environmental effects that will result if the project is approved, those mitigation measures identified in the Certified Final EIR shall be incorporated into the proposed project, and all significant environmental effects that can be feasibly mitigated . or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations (Attachment A, Exhibit 2), giving greater weight to the unavoidable environmental effects, are acceptable; direct staff to complete the final plans and specifications for the project; direct staff to continue to pursue all necessary permits for the project; proposed establishment of an Ad -Hoc Citizens Monitoring Committee be referred to the Tidelands Affairs Committee for recommendation and report back; and comments of Dr. Alan Andrews to be given consideration. Council Member Strauss indicated his interest in serving on the ad -hoc monitoring committee. E. PUBLIC COMMENTS: . 1. Patricia Krimian, 29 Beach Drive, Lido Mobile Secretary, Lido Mobile Home Park, Rome Park addressed the Council regarding an . Amendment to the Long -Term Lease between Volume 40 - Page 82 CITY OF NEWPORT BEACH COUNCIL MEMBERS J� +9, F March 10, 1986 O ROLL MINUTES II\ia13 A Lido Mobile Home Park (Curci) and its residents, copies of which she . distributed to the Council. She stated the amendment was issued on March 1 to all residents, with a return date of March 31. The amendment has six clauses, two of which they have cause for serious concern. She stated that it is their request that the City Council instruct the City Attorney to evaluate the two points of concern and give the homeowners his recommendation. The City Attorney responded that he has not reviewed the subject document which was just distributed, but would point out that Mr. Curci cannot by contract make City ordinances inapplicable to him or his property. On the other hand, the City Attorney is not empowered to offer legal advice to individuals regarding private contractual matters. Following consideration, and there being no objections, the City Attorney was requested to review the amendment, but only in terms of its affect, if any, on the City. F. CONSENT CALENDAR: ion x The following actions were taken as Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -14 declaring that B &R /Npt installation of air conditioning at 1heatre Arts the Newport Theatre Arts Center Res 86 -14 shall be performed more (62) economically if the supplies and materials are purchased on the open market; and that a contract for the installation of an air conditioning system should be let without advertising for bids. (Report from Parks, Beaches and Recreation Director) (b) Resolution No. 86 -15 supporting egislation Senate Bill 1694 (Bergeson) es 86 -15 . Restoring Natural Condition (48) Immunity. Volume 40 — Page 83 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALo9 G ROLL Gp`r March 10, 1986 MINUTES D'- (c) Resolution No. 86 -16 awarding bid r' City Ntl Bk for banking services to City Services • National Bank (Contract No. 2382) Res 86 -16 for period April 1, 1986 through C -2382 March 31, 1989. (Memorandum from (38) . Finance Director) 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk pr Npt Bay to execute a Cooperative Agreement Unit II /Co- with the Department of Fish and op Agmt w/ Game to provide their portion of Dpt Fish /Gm the cost of the Unit II Upper -2483 Newport Bay Sediment Control and (38) Restoration Project (C- 2483). (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Engineer for report Parking back, letter from Minney Family Permit Enterprises, Inc., concerning (63) leasing of-parking spaces from the City off Tustin Avenue regarding restaurant operation at 2601 West .Coast Highway. (b) To Police Department for response, PD copy of letter from Warren L. Bauer (70) . regarding the alleged lack of police in the area during the traffic snarl on February 11 between Jamboree and Redhill along Bristol North and Bristol South. (c) To Traffic Engineer for response, Parking/ letter from the Bluffs Homeowners Restrictions Association regarding alleged (63) vehicle parking violations, particularly the village in shopping area. (d) To Business License for response, Permits/ copy of letter from Newport Heights Spcl Evnta Community Association giving (65) advance notice for special activities permit on May 26th from 12 Noon to 4 p.m. for their 2nd Annual Memorial Day Picnic Event. (e) To Business License for response, Permits/ copy of letter from Raymond Spcl Evnts Melissa, Chairman of the Bicycle Trails Committee giving advanced (65) notice of 2nd Annual Newport Beach Bike Event for May 18, at the East . Bluff Park at 10:30 a.m. Volume 40 - Page 84 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \r,&lpns i Gad' �t�p y�A March 10, 1986 lKinry (f) To Marine Department for response, Marine Dpt/ letters from Michael McAlear, Neal Live Bait . Oseland, Tim Skobel, Kit McNair, Receiver Mark Fitch regarding the lack of a (51) live bait receiver in Newport Harbor; and after the agenda was printed, a letter was received from the Sportsfishing Association of California in support of a live bait receiver. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Irvine Ranch Water District to MWD of Southern California regarding update on disposition of the unplanned surplus due to higher than expected water sales this year, and the proposed use of the surplus to reduce future water rates. (b) Local Agency Formation Commission Preliminary Agenda for March 5, 1986. (c) Copy of letter from Ray L. Johnston, Dauphin Manitoba, Canada regarding interest in his Maremache Wilderness Lodge. (d) California Regional Water Quality Control Board -Santa Ana Region Executive Officer James R. Bennett °s reply regarding followup by Assemblyman Gil Ferguson on SCR 38 (Newport Bay Report). (e) Application from Southern California Edison Company (#86 -02 -034) regarding current and future electric Rates before the California Public Utilities Commission. (f) Letter from Corona del Mar Chamber of Commerce requesting support /cooperation regarding their letter to Hector Godinez, District Manager, U.S. Postal Service concerning proposed change for first -class mail post office in Corona del Mar. Volume 40 - Page 85 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 5 y >G C s s � y �v 9 cF t„ March 10, 1986 1 'V 0 � ROLL `So q G MINUTES Rio] 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's • referral to the claims adjuster: (a) John L. Blom alleging City sewer Blom • backed up into claimant's toilet and overflowed at 3040 E. Pacific Coast Highway on December 17, 1985, causing damage to contents of building. (b) Lester E. Kephart alleging Kephart "earth- mover" from Mitrovich Construction Co., while doing City work on Balboa Boulevard, rear -ended his vehicle while stopped for school bus near "C" Street and Balboa Boulevard on January 9, 1986. (c) Kenneth A. Klein alleging false Klein arrest and imprisonment by City Police Department on December 11, 1985. (d) Don and Audrey Lee seeking Lee indemnity from claim filed by Dean Maccabe, who was diving off a rock into the ocean at Corona del Mar State Beach on April 22, 1982 and suffered personal injuries. (e) Samuel Rametta, Jr., alleging large Rametta, Jr. tree planted in front of 708 Narcissus fell onto personal automobile on February 14, 1986, thereby causing damage to fenders, trunk lid, rear window and rear bumper. (f) David Rymar alleging tree fell down Rymar across street and onto claimant's vehicle at 709 Narcissus on February 14, 1986, damaging 1980 Toyota Corolla. (g) Southern California Gas Company So.CA Gas alleging gas service damaged by City when digging out sidewalk for repairs at 2101 Anniversary Drive on January 21, 1986. • • Volume 40 - Page 86 z N' - € d COUNCIL MEMBERS \CAL d+� o i S v 9 �G� 9 G� A c�F I4 ®LL GS`r ��9 �� Zip March 10, 1986 1`75T50 ° 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's . referral to the claims adjuster: (a) Bowers Tractor Service, Inc., in Bowers connection with Public Works Tractor Sery Contract of Merco Construction Company, contractor for Balboa Yacht Basin Marine, Orange County Municipal Court, Case No. 188687. (b) Sherry Meseck for personal Meseck injuries, Orange County Superior Court, Case No. 482313. Claim was denied by City Council on November 25, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Officer, Patrol Division. (b) Approve one Equipment Mechanic I, General Services Department. (c) Maintenance Man I, General Services Department. 9. STAFF AND COMMISSION REPORTS - . For Council information and approval: (a) Removed from the Consent Calendar. For Council information: (b) Report from the Planning Department Planning concerning the status of the (68) DISPUTE RESOLUTION CENTER services contracted by the City for the fair housing provision contained in the Housing Element of the City's General Plan. 10. PUBLIC HEARING SCHEDULING: None. 11. ARTS COMMISSION VACANCY - Accept with Arts Cmsn regret the resignation of Robert M. (24) Allen in his letter dated February 20, 1986 (applications for vacancy accepted until 4:30 p.m., March 21, 1986 from qualified residents of City). Volume 40 - Page 87 . (`" � • 'r,s s ' �!' �; � �: ass. � f� COUNCIL MEMBERS \CAL q(®�� March 10, 1986 h 0' 4 12. CITY COUNCIL TRAVEL AUTHORIZATION AND Council EXPENSE - Approve Expense Records for Expense • Council Member Hart ($193 for trip to (33) Sacramento on February 12; and $627 for Washington, D.C., regarding Offshore Oil . testimony before House Appropriation Subcommittee for Interior on February 24 and 25, 1986). 13. SEWER CONNECTION PERMIT - Authorize the permits/ Public Works Department to issue a Swr Cnctn permit to the County of Orange for the (65) connection of a sewer lateral to the City's sewer main in Campus Drive northerly of North Bristol Street and direct the staff to prepare the necessary agreement to provide for conditions related to the connection. (Report from Public Works) 14. 1985 -86 STREET/ALLEY RESURFACING AND St /Alley RECONSTRUCTION PROGRAM (C -2502) - Rsrfcg /Rcns Approve the plans and specifications; °85 - °86 and authorize the City Clerk to C -2502 advertise for bids to be opened at 11:00 (38) a.m. on April 4, 1986. (Report from Public Works) 15. TRACT NO. 12309, LOTS 2 AND 3 - Approve Tract 12309 a Subdivision Agreement guaranteeing completion of the public improvements . required with Tract No. 12309, Lots 2 and 3 (portions of Block 51 and 52, Irvine °s Subdivision, located on property bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and San Diego Creek, in the North Ford Planned Community); and authorize the Mayor and the City Clerk to execute subject agreement. (Report from Public Works) 16. TRACT NO. 12309, WATER CAPITAL Tract 12309 IMPROVEMENT CHARGES - Waive payment of Wtr Cptl Water Capital Improvement Charges for Imprm Chrgs Tract No. 12309 as provided for in Section 14.33.090 of the Municipal Code (Portions of Blocks 51 and 57, Irvine °s Subdivision located on property bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and San Diego Creek, in the North Ford Planned Community). (Report from Public Works) I i. I iVolume 40 - Page 88 a F' ca 1115-1 MIF "N 17. BUDGET AMENDMENTS - For approval: (25) • BA -066, $1,530 - Transfer in Budget Appropriations for Special Refuse pickup in Harbor View and Newport Hills . Community areas; General Services - Refuse Fund. (Report from General Services General Set Director) 44) BA -067, $229,496.85 - Increase in Budget Appropriations and Revenue Estimates regarding establishment of State Gas Tax Fund Section 2126 as provided by SB 300; State Gas Tax (Sec. 2126) Fund. BA -068, $500 - Increase in Budget Appropriations and Revenue Estimates for purchase of office supplies and children's paperback books .(donation from Friends of the Library); Library Fund. BA -069, $840 - Increase in Budget Appropriations for replacement of a mobile radio stolen from General Services Departmental car; General Services - Administrative Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Executive Assistant to the Arts Cmsn/ City Manager requesting Council "Metalphor" direction to construct a suitable base (24) for R. Bret Price Sculpture "Metalphor," was presented. Motion x Motion was made to refer this item to All Ayes the Arts Commission for report and recommendation on the location of the sculpture. i H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 86 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF Ord 86 -1 THE CITY OF NEWPORT BEACH Regs fr ESTABLISHING REGULATIONS FOR Vestg TMps VESTING TENTATIVE MAPS FOR Rsdntl SubD RESIDENTIAL SUBDIVISIONS (PLANNING (68) COMMISSION AMENDMENT NO. 630), PCA 630 was presented for second reading with (94) report dated February 24, 1986, from the Planning Department. i ion I x Motion was made to adopt Ordinance No. All Ayes 86 -1. Volume 40 - Page 89 w , COUNCIL MEMBERS J 9 � March 10, 1986 O ROLL \'P\(XP MINUTES 1!Ullf1*11 I. CONTINUED BUSINESS: 1. Report from City Attorney regarding - Encroachmnt possible modifications to the Fun Zone Permit /Agmt Ferris Wheel Agreement, was presented. Fun Zone Ferris Whl It was noted in the staff report that on (65) • January 13, 1986, the City Council approved an Encroachment Agreement authorizing installation of a ferris wheel adjacent to the bulkhead and on the north side of the Fun Zone. The Agreement implemented conditions to the Council approved variance and use permit that required the developer to provide proof of insurance against liability for injuries related to the operation of the ferris wheel prior to the issuance of certificates of occupancy. It was further pointed out that the developer has recently advised the City Attorney's office that the cost of insurance covering ferris wheel operations exceeds 60% of the revenue anticipated to be generated by the ferris wheel. The developer has asked that the Agreement be amended to allow installation of the ferris wheel prior to obtaining insurance with operation of the attraction delayed until adequate coverage is obtained. Three options, as enumerated in the staff report, were outlined for the Council's consideration. The City Attorney advised that the developer has indicated the concessionaire, who will be operating the ferris wheel, can obtain insurance in the amount of $1 Million; however, the sum required in the agreement calls for $3 Million. Another option available, therefore, is to require the developer and concessionaire to execute the Encroachment Agreement, but reduce the amount of insurance required. The City Attorney further stated that, generally speaking, he and the City's Safety & Insurance Administrator are satisfied if insurance coverage is supplied up to the limit of the City's self— insured retention, which is currently $h Million. In this particular case, he feels that $1 Million would be adequate coverage if • the staff can determine from a review of the City's own policies, the City's excess coverage would apply to any liability. Volume 40 — Page 90 COUNCIL MEMBERS CROLL • Motion All Ayes Motion All Ayes • 111 ills]; ; MINUTES March 10, 1986 1.1MM Encroachmt Agmt /Fun Zone Ferris Wheel U/P 3185 Jordan Wank, Developer of the Fun Zone, 1800 N. Highland Avenue, Los Angeles, addressed the Council and stated that the concessionaire was able to secure liability coverage for $1 Million, but no more. At the time he and the concessionaire entered into a lease agreement, the concessionaire was also required to furnish a $3 Million liability policy coverage to protect them and their project, and as a result of being unable to meet that requirement, they find themselves in the same position as the City. x Following discussion, motion was made to modify the subject agreement and require concessionaire to furnish not less than $1 Million liability coverage. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: x 1. Motion was made to schedule public hearing on March 24, 1986 for Use Permit No. 3185 by James Adams on property located at 2620 Avon Street. Meeting adjourned at 9:25 p.m. i I *Mayor ATTEST: City Clerk �t /fiORR ®�' Volume 40 — Page 91 1.1MM Encroachmt Agmt /Fun Zone Ferris Wheel U/P 3185