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HomeMy WebLinkAbout09/22/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS co ROLLREGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: September 22, 1986 MINUTES iounFY Present x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes of the Ayes Meeting of September 8, 1986, was waived, approved as written, and ordered filed. 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: 1. Continued public hearing regarding West Coast application for Certificate of Public Taxi Cab Convenience and necessity by West Coast (86) Taxi Cab Company. Report dated August 15, 1986 from License Supervisor was presented. Motion x Motion was made to continue the public All Ayes hearing to the City Council meeting of October 13;, 1986. 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 October 13, 1986: (a) Proposed ORDINANCE NO. 86 -26, Ord 86 -26 being, Private Patrol AN ORDINANCE OF THE CITY OF Service NEWPORT BEACH REPEALING (27) CHAPTER 5.24 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PRIVATE PATROL SERVICE. (Report from Assistant City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -84 expanding the Building responsibilities of the Building Code Board Code :Board of Appeal to include Appeals acting as the Rehabilitation Res 86 -84 Commission under Newport Beach (26) Municipal Code Section 15.28.090. (Report from the Building Director) Volume 40 - Page 384 CITY OF NEWPORT BEACH COUNCIL MEMBERS f'0 f P9 �G� 9Gp p9� �9� cFF �� ROLL CAL yF9 September 22, 1986 MINUTES INDEX (b) Resolution No. 86 -85 establishing Parking "No Parking" restrictions on Restrictions Tuesdays from 8:30 a.m. to 12:30 Ices 86 -85 p.m., on the north (inland) side of (63) Balboa Boulevard from 28th Street • to 32nd Street, to improve street sweeping effectiveness. (Report from Traffic Affairs Committee) (c) Resolution No. 86 -86 approving PB &R/ Grant Application for improvements Lincoln Schl to Lincoln School. (Report from Res 86 -86 Parks„ Beaches and Recreation) (62) (d) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Approve Inter -City Liaison ICLC -H'wy Committee's (ICLC) Highway Imprvm Prg Improvement Program Agreement with C -2621 the Cities of Newport Beach, Costa (38) Mesa, Irvine, Santa Ana and the County of Orange; and authorize Mayor and City Clerk to execute subject agreement. (Report from Public Works- Traffic Engineering) (b) Approve Agreement regarding Marinapark transfer of mobilehome space and Mblhm Sp3 -D compensation for services and costs C -2619 for Marinapark Mobilehome Space No. (38) 3 -D from Joseph Foreman and B. Foreman to Frank C. or Betty M. Swift. (c) Authorize the Mayor and City Clerk AHF Prg/ to execute an Arterial Highway Prj /Bal B1 Financing Program Project Wdng 32 -44tt Administrative Agreement for the C -2568 purpose of Balboa Boulevard (38) Widening from 32nd Street to 44th Street (C- 2568). (Report from Public_ Works) (d) Authorize the Mayor and City Clerk Upr Npt Bay to execute an Agreement with Bic /Equestri Gillespie Construction of Costa Trail Mesa, (the lowest responsible C -2435 bidder) to extend the award date (38) for Contract 2435 - Upper Newport Bay Bicycle and Equestrian Trail; and direct the City staff to notify the unsuccessful bidders and to release their bid bonds, and pursue additional funding. (Report from Public Works) Volume 40 - Page 385 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� "0 9 ` 9� c�F ROLL %� F9 y�9 September 22, 1986 MINUTES 11119Ii7 (e) Award Contract No. 2538 to Seashr Dr Sully- Miller of Orange, for the Cnstr /33- total price of $399,004.50; and 56th Sts authorize the Mayor and City Clerk C -2538 • to execute subject 'contract for (38) Seashore Drive Construction - 33rd Street to 56th Street. (Report from Public Works) (f) Approve Memorandum of Agreement Hazds Wst (Contract 2531) to Represent Orange Jt Pwrs County Cities of the Regional C -2531 Hazardous Waste Joint Powers (38) Authority with the following Cities: Newport Beach, Huntington Beach, Fullerton, Orange, Fountain Valley, Irvine, Santa Ana, Garden Grove, San Juan Capistrano, Brea and Anaheim. (Report from the City Manager) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works for reply, letter Traffic from Paul Heussenstamm suggesting (85) changes for traffic on the Streets between Orange and the River Jetties and Seashore, alleging that • the present situation is very dangerous due to poor planning. (b) To Parks, Beaches and Recreation PB &R /CdM for reply, letter from Willard C. Beach Courtney suggesting that specific (62) deficiencies be addressed regarding alleged dangerous situation that exists at the foot path that leads down to Corona del Mar Beach from Inspiration Point. (c) To Public Works for inclusion in PW /Bal BI the records, suggestions from Bill Wdng Hellings regarding the widening of (74) West Balboa Boulevard. (d) To staff for inclusion in the Variance records, letter from Randall E. 1134 /China Presley regarding the correction to House the Orange County Register article (91) on the "China House." (e) To the Aviation Committee for Aviation Inclusion in the records, comments Comte from Mr. and Mrs. Richard W. Kelly (24) regarding newspaper article stating that passenger traffic up at John Wayne Airport. Volume 40 - Page 386 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� o ti ti v � ROLL �`t �P September 22, 1986 MINUTES WnFY (f) To Pending Legislation and Legislation Procedural Ethics Committee, City (48) of Avalon's request for support of their proposed resolution regarding legislation to provide immunity from liability exposure for cities, parks, schools and recreational facilities. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Corona del Mar Community Association to California Coastal Commission, requesting that they declare the "China House" a historical structure. (b) Copy of a letter dated October 28, 1981 to the Newport Ensign Editor from :Betty and Woodsy Linton, indicating that the same opposers to the Coast Freeway 8 or 10 years ago, are opposed to the "Irvine Buildout" proposal. (c) Orange County Local Agency Formation Commission Minutes of August 13, 1986. • (d) Copy of letter from the Orange Country Division, League of California Cities President to Supervisor Ralph Clark, Chairman of the Orange County Board of Supervisors, regarding HCA's proposal to establish fees for certain aspects of the paramedic program in Orange County, and the process utilized to promulgate them. (e) Removed from the Consent Calendar. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Scott Knight alleging his vehicle Knight towed in error; seeking reimbursement of towing fee and parking citation received on August 13, 1986, at 30th Street between Newport and Balboa Boulevard. (b) Harry Lerner alleging violation of Lerner • civil rights, invasion of privacy, and the casting of claimant in a false light by the City Police Department on June 20,'1986, at 215 Amethyst, Balboa Island. Volume 40 - Page 387 CITY OF NEWPORT BEACH COUNCIL MEMBERS f 'P9 <G� ROLL CAL September 22, 1986 MINUTES INDEX (c) Derek Rosa by Valerie Rosa (Mother) Rosa alleging City beach cleaner drove over personal items such as • skateboard, board bag, towel, also lost shorts, sweatshirt, t -shirt and beach bag at 38th Street beach on August 8, 1986. (d) Southern California Edison Company So CA Edsn alleging their conduit damaged by contractor doing work for the City E/s of Jamboree Road, N/o University Drive North on July 11, 1986. (e) Robert and Rita Teller seeking Teller indemnity from claim filed by Sherry Meseck who alleges a slip and fall on the sidewalk in front of 506 S. Bayfront, Balboa Island, on September 21, 1985. For denial and rejection: (f) LATE CLAIM of David E. Campana Campana alleging defamation of character, emotional distress, lost wages, attorney fees, etc., in connection with his investigation by Newport Beach Police Department, on October 25, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) James MacKilligan for personal MacKilligan injuries and premises liability, Orange County Municipal Court, Case No. 7:1400. Claim was denied by City Council on July 8, 1985. (b) Marcia Ellen Weatherholt for Weatherholt damages, etc., Orange County Superior Court, Case No. 49- 65 -45. Claim was denied by City Council on June 6, 1986. 8. REQUEST TO FILL PERSONNEL VACANCIES: None. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: • (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. Volume 40 - Page 388 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL9 ROLL tp 9 �G� 9Gp 99T �9� cFcc` • MINUTES September 22, 1986 INDEX GPA 86 -1(G) (45) OfStPkgAgm/ Barienbrock Carter Pacifica Mrr C -2623 (38) OfStPkgAgm/ Zeppa & Hill Prtnrs C -2622 (38/88) St Lt Cnvsn Phs III C -2563 (38) 10. PUBLIC HEARING SCHEDULING - For October 13, 1986: (a) GENERAL PLAN AMENDMENT NO. 86 -1(G) - Request initiated by the CITY OF NEWPORT BEACH to amend the LAND USE ELEMENT of the NEWPORT BEACH GENERAL PLAN for unincorporated property located southerly of Bristol Street, easterly of Irvine Avenue, westerly of the Bayview Development, and northerly of the Upper Bay (commonly known as Santa Ana Heights) so as to redesignate various portions of said property from "Low- Density Residential" and "Medium- Density Residential" to "Administrative, Professional, and Financial Commercial" or a combination of "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial," and designate the area as a Specific Plan Area. (Report from Planning Department) 11. USE PERMIT NO. 2051 (AMENDED OFF -SITE PARKING AGREEMENT) - Acceptance of an Amended Oft: -Site Parking Agreement with Gordon S. Barienbrock, and James A. Carter, Pacifica Marine, Newport Beach for a portion of the required off - street parking in conjunction with Use Permit No. 2051 (Amended), which permitted the daytime use on weekends of an approved restaurant on property located at 2801 West Coast Highway, in the Mariners' Mile Specific Plan Area. (Report from Planning Department) 12. USE PERMIT NO. 3200 (OFF -SITE PARKING AGREEMENT) - Acceptance of an Off -Site Parking Agreement with ZEPPA CORPORATION, AND THE HILL PARTNERSHIP, Newport Beach, for a portion of the required parking spaces in conjunction with Use Permit No. 3200, a request to establish a restaurant with on -sale beer and wine on property located at 2306 West Ocean Front; zoned SP -6. (Report from Planning Department) 13. STREET LIGHT CONVERSION PROGRAM PHASE III (C -2563) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 'a.m. on October 14, 1986. (Report from Public Works) Volume 40 - Page 389 INDEX GPA 86 -1(G) (45) OfStPkgAgm/ Barienbrock Carter Pacifica Mrr C -2623 (38) OfStPkgAgm/ Zeppa & Hill Prtnrs C -2622 (38/88) St Lt Cnvsn Phs III C -2563 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL �r F� �9 September 22, 1986 MINUTES nuns Y 14. PROPOSED REDESIGN OF FOUR ENTRANCES TO Permit/ HARBOR VIE14 HOMES ( "BUFFALO RANCH ") - Hrbr View Approve an application by Harbor View Homes • Community Association and Newport Hills Community Association to redesign four (65) entrances to Harbor View Homes, subject to execution of agreement for nonstandard improvements and preparation of working drawings acceptable for the staff. (Report from Public Works) 15. UNIT II UPPER NEWPORT BAY SEDIMENT Unt II /Upr CONTROL AND RESTORATION PROJECT AND Npt Bay SC/ UPPER NEWPORT BAY WATER TRANSMISSION Rsrtrn & MAIN CROSSING (C -2483) - Approve the Bay Wtr plans and specifications; and authorize C -2483 the City Clerk to advertise for bids to (38) be opened at 11:00 a.m. on November 12, 1986. (Report from Public Works) 16. Removed from the Consent Calendar. 17. SPECIAL EVENTS PERMIT APPLICATIONS - Permit /Spcl Uphold staff's recommendation for Evnts approval, subject to conditions listed (65) in the staff reports for the following: (Report from Business License Supervisor) Application #86 -113 - Use of beach Apl #86 -113 • by Newport Landing on October 11 and 12, 1986. Application #86 -199 - Use of beach Apl #86 -199 by Newport Harbor Area Chamber of Commerce on October 19, 1986. Application #86 -212 - Use of road Apl #86 -212 closure for VW of America on October 4, 1986. Application #86 -214 - Use of beach Apli #86 -214 for Spiegel Publishing on October 2 and 3, 1986. Application #86 -215 - Use of Apl #86 -215 amplified sound in a residential district on October 4, 1986. 18. BUDGET AMENDMENTS - For approval: (25) (a) Re- appropriation of Prior Years' Encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR): • BA -017 - $903,540.49 Transfer in Budget Appropriations; General Fund. Volume 40 - Page 390 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL G 9 p �F9 9�9 yF9 September 22, 1986 MINUTES INDEX BA -0113 - $95,935.92 Transfer in Budget Appropriations; Park and Recreation Fund. BA -019 - $28,172.59 Transfer in • Budget Appropriations; Library Fund. BA -020 - $14,999.44 Transfer in Budget Appropriations; State Gas Tax (2107) Fund. BA -021 - $13,814.66 Transfer in Budget: Appropriations; State Gas Tax (2106) Fund. BA -022 - $8,500.00 Transfer in Budget Appropriations; Arterial Highway Financing Program Fund. BA -023 - $30,928.46 Transfer in Budget: Appropriations; Tide and Submerged Lands Fund. BA -024 - $6,901.48 Transfer in Budget: Appropriations; State Gas Tax (2126) Fund. BA -025 - $27,906.13 Transfer in • Budget: Appropriations; Contributions Fund. BA -026 - $17,626.58 Transfer in Budget: Appropriations; Building Excise Tax Fund. BA -027 - $243,440.59 Transfer in Budget: Appropriations; Water Fund. (b) BA -0213 - $3,512,730.00 Increase in Unappropriated Surplus; General Fund and $613,000.00 Increase in Unappropriated Surplus; Traffic Safety Fund for adjustment to original revenue estimates of Upper Newport Bay /Contributions and Fines.. (c) BA -029 - $278,000.00 Transfer in Budget Appropriations for construction of Seashore Drive 33rd Street: to 56th Street (C- 2538); General Fund. (See report from Public Works w /Agenda Item F -3(e)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Memorandum from the City Manager Lido Park/ regarding request of Lido Park Mobilehome Homeowners to Establish a Mobile Home Overlay Zng Park Overlay Zone, was presented. (94) Volume 40 - Page 391 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Get' September 22, 1986 MINUTES rr�1.13'J Mayor Maurer requested that the Lido Lido Park/ Park Mobilehome owners appoint a Moblehome spokesperson to represent them to speak Overlay Zng on the issue. • Dr. Muriel Thomson, 17 Anza, Lido Park, addressed the Council, stating that if the mobilehome park were to close, it would be highly detrimental to the senior citizens whose security lies within this community. She stated that the present rent increases of 9% compounded annually specified for the duration of the lease is unreasonable, works a particular hardship on the elderly on fixed incomes and should be brought into line with the Cost of Living Index applied by the City to the Marinapark Mobilehome Park on the Balboa Peninsula. Also, she added that an overlay could feasibly slow the program of increasing rental cost and decreasing property values being perpetuated by the park owner, wherein the homeowner's do not have a 'fair opportunity to represent their interests, and provide a forum for this purpose. She asked that those mobilehome owners in the audience stand and be recognized. Dick Schilling, 21 Beach Drive, Lido • Park, addressed the Council and read from a prepared statement, stating that the real issue behind the request for an overlay zone being placed before the City Council this evening is because the viability of their community is being threatened by the lack of reasonable protection. He stated that the terms of the present lease arrangements have resulted in the inability of the mobilehome owners to sell their homes, has threatened to make null and void savings and future security, and has caused considerable anxiety to most, if not all of the community of 221 mobilehomes, and 550 residents. Mr. Schilling stated that at the present time, the City of Newport Beach suffers from a housing shortage, particularly so- called "low -cost housing." He stated that the mobilehome owners believe that the requested zone overlay will assist the City in its struggle to preserve some low -cost housing. He added that for people to feel committed to the • neighborhood, the community, and the City government, they must have the security of place. A zone overlay is the first step, and Lido Park needs the help of the City Council tonight. Volume 40 - Page 392 CITY OF NEWPORT BEACH COUNCIL MEMBERS 1\5 September September 22, 1986 p ROLL MINUTES I ]L137 Discussion ensued, wherein the City Lido Park/ Attorney advised that it would involve Mobilehome the initiation of a zone amendment Overlay Zng processed through the Planning • Commission, and environmental documentation or negative declaration before coming to the City Council. Mary Arnold, 33 Freemont Street, Lido Park, stated that she has already faced and been evicted from Lido Park because they wanted to make it into a boating area. She was informed that the owner could give eviction notices without going to the City Council, Planning Commission or Coastal Commission. If Lido Park had an overlay zone the mobilehome owners could come before the Planning Commission and City Council regarding their future security to remain in the Park. Herb McCann, 30 Beach Drive, Lido Park, addressed the Council, stating that he originally moved into the Park six years ago and bought a unit at a reasonable price. He added that the terms of the present lease are such that prospective buyers are now frightened away. At the time he bought, 5 -10% of the units were • for sale, today 35% or 40% are for sale. He stated that he sold a unit and bought another, and lost 30% of his investment on the sale due to the wording of the lease. The lease states that in 1992 the park may or may not be converted into another use, and if this is the case, people are reluctant to buy, and banks are hesitant to loan money, therefore, 30% of the units are for sale, and the depreciation is now approximately 50% of the original value. He believes that the City Council should do something to help the people to protect their investments. James Lynch, 53 Beach, Lido Park, addressed the Council, stating that there is a real problem here, because people cannot sell if the new buyer cannot get a loan from the bank, and that an overlay zone would help in this respect. George Hylkema, 303 East Bay, Balboa, • addressed the Council, stating that he was a long -time friend, and co- worker of Dick Schilling, and has evidenced the struggle and impact of a constant threat of not knowing whether the place where Dick lives is going to be there, and Volume 40 - Page 393 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL � yip September 22, 1986 MINUTES lmm�w 117 V r, A that whether his friend should stay or Lido Park/ move on. He added that he supports the Mobilehome Lido Park community in their request for Overlay Zng • an overlay zone. Glenn Timmons, 107 Via San Remo, addressed the Council, stating that he probably is in violation of his lease by coming before them, as the lease does restrict his right to protest to the City Council, or governmental agency. He feels that an overlay zone should be considered, and that although it is not much protection, the residents would have fair warning and notice. He stated that he, personally, has suffered as he has lost 25-30% of his property value, and has spent more than be cares to in advertising it for sale, and that something should be done about the situation. Don Hunter, 1666 Newport Boulevard, Costa Mesa;, addressed the Council, stating that he is Alternate Director of the Golden State Homeowners League, which is a mobilehome owners association throughout the State of California, representing some 92,000 people who reside in mobilehomes (approximately • 180,000 voters). He presented a letter that had been given to the Council before, and summarized the contents. "... the Lido Mobilehome Park has been in existence for many years and has become a haven for many senior citizens. At the time many residents moved into the park rent was less, and it certainly was less than the cost of purchasing a home. The City of Newport Beach lacks low -cost housing for its seniors- -they can't pick up and just go elsewhere because: (1) parks won't accept any mobile homes older than three years; (2) it costs over $7,000 to move a mobilehome; and (3) more mobilehome parks are not available near here, and who would pay their investment under the certain conditions of the lease and high rents. Volume 40 - Page 394 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL �'P h September 22, 1986 MINUTES ulnrw m vcn "An overlay protects the mobilehome Lido Park/ owner in that it provides Mobilehome compensation and /or replacement. Overlay Zng The mobilehome owners did negotiate . a five -year lease, however, if they agree to the owner's conditions, namely, giving up their rights, plus unreasonable rent increases which they can't afford. The mobilehome owners can't sell the way things are, and they fear redevelopment of Lido Park." Mr. Hunter added that the mobilehome problem is state -wide, with increased value of property and space rents, and the difficulty in selling. He stated that he recently sold his mobilehome and took a $28,000 loss. lotion x Council Member Strauss stated that if an overlay is created the Lido Park mobilehome owners understand that this would not be a permanent guaranty in that it could be taken off, but that it would be the first step to greater security. He commented that there was a need for reasonable housing in Newport Beach, and that the mobilehomes are not subsidized by the taxpayers, but • paid for by the people who live there, which is a valuable commodity for the City. Therefore, motion was made to take the first step and direct the City Attorney to prepare a resolution to initiate a mobilehome overlay zone for Lido Park. Discussion ensued with respect to the fact that the same City Council voted to have the issue go back to a committee. The outcome was that most of the mobilehome owners signed the new lease. Dick Schilling requested to address the Council again, and stated that the past request for an overlay zone never went to a vote by the City Council. He stated that: in keeping with the interpretation of the City Attorney's letter to the Lido Park mobilehome owners, the constitutionality of the lease can be brought up before the City Council. Ile added that a zone overlay has been provided to the residents of . three other parks in the City, and it is on the books and records available to those people who ask for it for protection as residents of mobilehome parks. Volume 40 - Page 395 CITY OF NEWPORT BEACH COUNCIL MEMBERS tPJ9, \;PL0\'PPP ^� September 22, 1986 O ROLL , MINUTES flTIWA The Planning Director, in an effort to Lido Park/ clarify the issue of overlay zoning, Mobilehome stated that the property is currently Overlay Zng zoned Planned Community, and there is no Planned Community Plan which has been approved by either the Planning Commission or the City Council. In order for the use of the property to change, and a new Planned Community Plan be adopted;, it would have to go to public hearing before the Planning Commission and the City Council. In addition, and the fact that the property is also in the Coastal Zone, the owner of the property would have to get a coastal zone development permit. Any change in the use of that property, whether or not an overlay zone is going to be put on the property or any existing change on the property, is going to have to come before the Planning Commission, the City Council and the Coastal Commission, regardless of an overlay zoning on the property. There have been overlay zones put on other mobil.ehome parks in the City, which were done at a time when there was other underlying zoning on the property and the parks could have been converted to a residential use without coming to • the Planning Commission and the City Council. Ayes x x x The motion made by Council Member Noes x x x Strauss was voted on, and FAILED. Motion x Motion was made to establish a City All Ayes Council Ad Hoc Committee to study the Lido Park Mobilehome overlay zoning request, and that the Committee schedule this item for a future Council meeting. Further, the Mayor appointed Council Member Strauss, Chairman, and Council Member Cox to the foregoing Council Ad Hoc Committee, and requested that the City Attorney attend the meetings. It was also suggested that the Lido Park residents have at least five committee members ready to meet with the Ad Hoc Committee. 2. Reports from the Police Chief regarding Police Dpt Department Audit for the following, were Audit • presented: (70) 1) Internal Investigations; 2) Direction; 3) Goals and Objectives; and 4) Enforcement Policy. Volume 40 - Page 396 CITY OF NEWPORT BEACH COUNCIL MEMBERS o ROLL 9 q � (' September 22, 1986 MINUTES IND X E Motion x Motion was made that the Police All Ayes Department proceed with the recommendations presented in their report regarding the Audit, except that • the recommendation regarding the Professional Standards Unit be reviewed in 90 days by the City Council with report from the Police Department. 3. Report from the Marine Department with Harbor Perm staff's recommendation to deny the pl#115 -316 application by Phillip E. Rowe and (51) Phillip Ramser to construct a new pier and float bayward of 316 Buena Vista Avenue, was presented. lotion x Council Member Hart stated that at the All Ayes request of Mayor Pro Tem Plummer, who is Chairman of the Tidelands Affairs Committee, HARBOR PERMIT APPLICATION ,1115 -316 be referred to the Tidelands Affairs Committee; therefore motion was made to that effect. 4. Report from Public Works Department was PCH Widng/ presented regarding adoption of proposed MacA Bl- resolution to execute Program Supplement Jamboree Rd for construction of Pacific Coast C -2565 Highway Widening, from MacArthur (38) . Boulevard to Jamboree Road (C- 2565). Phil Sansone, 215 Marguerite Avenue, Corona del Mar, addressed the Council, (reading from a prepared statement) regarding this item, and in summary, stated that this project is too far along in the planning, budgeting, and funded cycle for any resident's objections to do any good at this time; however, the public is entitled to know that the future implications of the planned 6 :Lanes throughout the City thru Corona del Mar is an extension planned next year from Jamboree to the Bay Bridge. Looking ahead it is evident that there is the distinct possibility that there will be an overpass at Jamboree and Pacific Coast Highway. Mr. Sansone stated that the business district of Corona del Mar is going to be in serious trouble by having 4 lanes being fed traffic from 6 lanes, thereby creating a bottleneck of traffic from this particular project at MacArthur, and there is the possibility that street parking could be eliminated. He also stated that the number of vacant stores, coupled with high rents required for such valuable property and the parking situation, is evidence that this Volume_ 40 - Page 397 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 7 i 9G 1 r ROLL 9Sr ��� ��� y�9 September 22, 1986 MINUTES INDEX area is in trouble, and is affecting the PCH Widng/ success or failure of the businesses. KacA B1- Just today, he had talked to one Jamboree Rd merchant, who stated that his rent has • been raised to $3,000 and that he is going to have to move. Mr. Sansone stated that there is one major objection to this project, which could be accommodated, specifically the merged lanes proposed just after the MacArthur intersection, where traffic is to merge with 3 eastbound lanes to 2 lanes between MacArthur and Dahlia. He proposed that this part of the project be eliminated, and that the merging occur between Avocado and MacArthur so that the 2-lane integrity is achieved before the intersection and not afterwards. He is of the opinion that this would simply mean restriping and not a major change in the project, unless the project was sold to CalTrans as a way to increase the traffic count through the intersection without. considering the consequences of the traffic merging in the business district. Mr. Sansone stated that this is the • opportune time now to advise the City Council that the Corona del Mar community, and not just the association, is quite adamant that they do not want the eastbound traffic lanes increased to 3 lanes just before the Marguerite intersection near Larkspur and then merging into 2 lanes between Marguerite and Marigold. He emphasized that the residents in Corona del Mar want 2 lanes, and 2 lanes only from MacArthur clear to the other end of the village. The Public Works Director, at the request of Council, stated that this project does not necessarily mean an overpass at the Jamboree intersection. The possibility of handling the traffic with improvements at grade could can be done successfully, which would tend to lessen the need for an overpass, rather than increase that need. He added that the projected State traffic demands have shown that this might be needed at some future time, and is not related to this particular project now. Moon x Motion was made to adopt Resolution No. Res 86 -81 All Ayes 86 -87 authorizing the Mayor and City Clerk to execute Program Supplement No. Volume 40 - Page 398 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL GAS � F9 y�9 September 22, 1986 MINUTES INUC A 5 to CalTrans Local Agency Agreement No. PCH Widng/ 07 -5151, Phase I, covering the MacA Bl- construction of Pacific Coast Highway Jamboree Rd Widening, from MacArthur Boulevard to • Jamboree Road (C- 2565). Mr. Sansone addressed the Council again, stating that the discussion regarding an overpass is on page 292 of the EIR of the proposed project, and made objection to "piecemeal" planning to the effect that seven years down the road there could be the possibility of a 6 -lane highway and an overpass at Jamboree. Dick Nichols, 519 Iris, Member, Board of Directors of the Corona del Mar Community Association, addressed the Council, and referred to their letter to CalTrans District Director Don Watson, regarding the subject project, questioning why it had not been listed on this agenda. Mr. Nichols paraphrased from the subject letter, stating that the association, by straw votes of 70 to 0, and 39 to 0 at recent meetings, confirmed the Corona del Mar Board of Directors' unanimous vote that only 2 -thru lanes in each direction be allowed on East Coast Highway in Corona ® del Mar. file stated that the association had specifically discussed "blend lanes" at intersections and rejected the concept. Ile explained that "blend lanes" are at MacArthur and Pacific Coast Highway where 3 lanes are merged into 2, and in this particular intersection there are 2 -thru lanes from MacArthur coming into 2 eventual lanes on Pacific Coast Highway and 2 presently from Pacific Coast Highway, so that with the exception of the yellow light, this intersection is constantly filled with traffic at the present. He added that, theoretically it will be possible with this configuration to flow more cars than the receiver lanes can carry, and what they are worried about is the fact that when the receiver lanes are full, people will. be moved across the green light, and then they have to sit and fight with each other to see who gets in line. ' Mr. Nichols added that when you have 3 lanes you can flow more traffic is not • a factor because when you have 3 lanes the traffic flows thru fine. The bottlenecks are at Goldenrod and Poppy, and if you don't take parking off the Coast Highway and you don't move back Volume: 40 - Page 399 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL� ROLL G�f fl F9 y�9 September 22, 1986 MINUTES mur.n the sidewalks a couple of feet there, PCH Widng/ then there is no need for this as a real MacA B1- solution. As a paper solution, it has Jamboree Rd practicality because it gives a lower • ICU count at Marguerite, which theoretically is the bottleneck now and that would allow more building. If we are really trying to solve the problem, then the community association suggests that the traffic should move thru in blocks to move thru freely, but with 2- thru lanes from Avocado to Carnation on the south ;aide of the highway that is truly strict commercial. If this were to go through, and your "blend lane" at Marguerite, and that configuration were to stay but parking removed during the "rush hour" supposedly, we have a patchwork quilt, where there would be parking in one area, no parking in another, and parking in an area - -this is highly discriminatory against the businesses. There is the assumption that this is already in the traffic study because the 62,000 cars that are predicted to go through the area between MacArthur and Marguerite on Coast Highway, is in the EIR buildout for 1993. • Mr. Nichols stated that this particular project doers not improve thru traffic at MacArthur intersection, it does not improve traffic at the Jamboree intersection, in fact it does not change the configuration, which is shown and proposed for the future to 3 -turn lanes on Jamboree: If this project were combined with those it might do some good. As it is now, it is truly not doing traffic any good at all in that it is not changing intersections. It is eliminating left -hand turns and in that case it will indeed impede the traffic flow, not help it. The association is concerned here. They are also concerned that Jamboree finish out as is being done and as is proposed in the future. The Back Bay connection to Pacific Coast Highway has been eliminated basically by this project, and what is being proposed is the alternate to the overpass at: Jamboree that shows by the traffic study as being needed, and is in the EIR.. . The City Manager stated that actually, this program was started in September 1978 (eight: years ago), and staff was directed to pursue the use of Federal Aid Urban Funds to improve Pacific Coast Volume 40 - Page 400 CITY OF NEWPORT BEACH COUNCIL MEMBERS v 9 CF t" September 22, 1986 \PtP�� o n ROLL MINUTES aunt V Highway from MacArthur all the way to Bayside The portion being approved tonight is just MacArthur to Jamboree and the improvement of Pacific Coast • Highway to 6 lanes. The Public Works Director stated that this is how long this particular project has been going on as far as implemen- tation is concerned. He added that implementation of this portion of the Circulation Element of the General Plan and the 6 -lane configuration for Pacific Coast Highway has been part of that General Plan for at least 25 years. All. Ayes The motion„ as made by Council Member Hart, was voted on and also to approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 10:00 a.m., on October 17„ 1986. !lotion x 5. Motion was made to allow Thomas F. Council All Ayes Morrissey to remove agenda item F -9(a) Policy I -21 from the Consent Calendar at this time, (69) regarding the proposed amendment to Council Policy I -21 Bike and Foot Race Policy. • Report from Parks, Beaches and Recreation was presented. Mr. Morrissey, a representative of Ford Aerospace, Newport Beach, addressed the Council and stated that they sponsor a foot race each year with the proceeds going to charitable organizations such as the Boys Club, Girls Club, Assessment Treatment Services Center, Explorer Scouts, Cystic Fibrosis, etc. He continued that Ford.Aerospace spends approximately $10,000 of its money each year to conduct the race. He added that they have done a number of surveys as to what brings people out to the race, as the higher the attendance, the bigger the proceeds for charity. He stated that the race has been conducted for some years without any problems, and one of the comments that the racers put on the survey form as to what are some of the things they like about the event, is _ that they could get a glass of beer after the race. Mr. Morrissey stated that one individual in the City has • taken exception to this and has alleged that there are all kinds of bad things happening because of this. Mr. Morrissey assured the Council that they have not noticed any of these bad Volume: 40 - Page 401 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9 p C F t<` September 22, 1986 0 ROLL MINUTES rnr 1� things, and that they have adults and Council the Explorer Scouts monitoring the Policy I -21 areas. • Mr. Morrissey stated he believes this restriction could make the race less attractive and would like the City Council to not adopt this position. He also stated that there are many other events held within the City where alcoholic beverages are served, and this is one they would like to see continue for them to attract a crowd and be a competitive race. Council Member Agee commented on the fact that Lars de Jounge was the person who asked that the Parks, Beaches and Recreation Commission consider this restriction be imposed, and Mr. de Jounge had already left the Council meeting with the feeling that this particular subject would not be discussed further, as the item was not removed from the Consent Calendar by the City Council. Council Member Agee stated that: he had no objection to a beer, alcohol or tobacco company sponsoring a sports event, but did not agree with the necessity to dispense • their products to the public at these events. Marion Talley, 1870 16th Street, Newport Beach, Executive Director of the Newport -Mesa Girls and Boys Club addressed the Council stating that this ,item was brought to her attention by Ford Aerospace, as her organization depends upon donations from corporate and service groups and fund raisers. She commented that her group of boys and girls are there to hand out the orange slices and water to the runners, and that she hadn't observed any beer drinking by the runners until after the race. She also stated she has received information that the forthcoming Back Bay Run in December is expected to raise less for charity if the City takes the position that no alcohol, or tobacco products be dispensed at sports events. Motion x Motion was made by Council Member Agee Ayes x x x that Council Policy I -21 Bike and Foot X x x Race Policy be amended to include a condition that no dispensing of alcohol or tobacco at Bike or Foot Races conducted on City streets, beaches or parks, which motion FAILED. Volume_ 40 - Page 402 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL September 22, 1986 MINUTES IN(1F Y Motion x Motion was made by Council Member Hart All Ayes to amend Council Policy I -12, Bike and Foot Race Policy to include a condition that no Bike or Foot Race conducted on • City streets, beaches or parks be sponsored or financially aided by alcohol or tobacco companies; and no dispensing of alcohol or tobacco products be allowed in events that have participants under the age of 21. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works regarding Permit/ Application of Wayne Austero to Encroachmt Construct Stone Garden Walls and Stone Austero Flatwork Encroaching into the public (65) right -of -way at 343 Santa Ana Avenue (EP -86 -190), was presented. The City Manager stated that this application was not dissimilar to other . encroachments, particularly in the Santa Ana Avenue area, a request to construct certain wall and patio /decorative type improvements within the right -of -way, the wall is proposed to come within 4 feet of the curb in Santa Ana, making an 18 -foot encroachment. The City Manager commented that he would like to postpone the applicant's request for 30 days, provided that this will not work a hardship for him. The reason for this is that the City staff is formulating a policy at the request of Council, that would establish a special category of encroachments which would be permitted in unusually wide parkways. If this is a problem for the applicant, and a decision is needed tonight, then the Council has the option to approach this application under the present policy. Wayne Austero, 343 Santa Ana Avenue, applicant, addressed the Council and asked why would the City staff, on Santa Ana Avenue, where there are similar uses, require that you can't build . within 10 feet of the curb. He made reference to the photos included in his information to Council, citing that throughout Santa Ana Avenue there are encroachments almost right up to the Volume 40 - Page 403 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ti9 9ROLL �`f September 22, 1986 MINUTES IMIT!A7 curb. At the present, he stated that to his knowledge the proposed encroachment would not interfere with present or • future public use, that his request is reasonable, and he would like to move into the residence as soon as possible, urging that: the Council take action tonight. Steve Dobbi:e, 330 Santa Ana Avenue, architect for the applicant, addressed the Council. stating that the subject lot is approximately 50 x 107 feet, which is considerably smaller, most of the lots in the Santa Ana Heights are 50 x 127. He stated that Santa Ana Avenue is an unusually wide street and wider than any _ -, other in the Heights. His applicant's parkway is 22 feet, whereas most of the other parkways are only 12 feet, and almost every house along the street has encroachments to within a few feet of the curb. Motion x Discussion ensued, wherein, motion was All Ayes made to approve the application (EP -86 -190) of Wayne Austero, subject to 4 feet (Beacon Avenue) and 8 feet (Santa Ana Avenue) and execution of an agreement for nonstandard improvements • for public right -of -way. 2. Report from Planning Department Quality of regarding consideration of a request Life /CAC from the QUALITY OF LIFE ADVISORY (24) COMMITTEE for funds to attend various seminars of interest to Committee members, was presented. Mary Lou Zoglin, 10 Surfside Ct., and Member of the Quality of Life Committee, addressed the Council stating that most of the new members indicated a willingness to give of their time to attend the seminars. Motion x Motion was made to direct staff to Ayes x x x x x prepare a Budget Amendment funding the Noes x request. 3. Report from Public Works Department Permit/ regarding application of Gary Hamilton Improvements to construct improvements in the public Hamilton right -of -way, adjacent to 2727 Ocean (65) Boulevard, was presented. • Volume 40 - Page 404 CITY OF NEWPORT BEACH COUNCIL MEMBERS ^F September 22, 1986 0 'A ROLL MINUTES u,nry nw c.n The City Manager, at the request of Permit/ Council, stated that this particular Improvements encroachment application has been before Hamilton • the Parks, Beaches and Recreation Commission„ They recommend approval by the City Council, subject to the construction of the 4 —foot monolithic sidewalk. He cited page three of the staff report, the map showing the subject area, and stated that there is separation of elevation on the bay side of Ocean Boulevard, and all or most of the homes have some type of an encroachment from the curbs to the residences. Public Works Director stated that a correction be made to the staff report, to the effect that the Parks, Beaches and Recreation Commission approved the application without the proposed wrought iron fence. The commission objected to the original applied for location of the wrought iron fence immediately behind the sidewalk to the north of the proposed new entry, and the proposal now before the Council does show the fence in a different location and is immediately behind the sidewalk. • Gary Hamilton, 2727 Ocean Boulevard, applicant, addressed the Council stating it was his understanding that the Parks, Beaches and Recreation Commission did approve his original plans that were submitted, but that they requested he retain the greenbelt area, and he had the wrought: iron fence moved back behind the lot area that is shown on the proposal. He added that this application originated out of a need to correct an unsafe condition where people have fallen on his property, as the access is narrow and steep. He stated that all of the improvements are consistent with the surrounding properties, all of the improvements are at his own expense, and requested that his application be approved. Motion x Motion was made to approve the All Ayes application subject to the following: a) Execution of a nonstandard improvement agreement; • Volume 40 — Page 405 COUNCIL MEMBERS \CAL`ps ROLL • 0 CITY OF NEWPORT BEACH 0 F September 22, 1986 MINUTES INDEX 'ermit/ Improvements lamilton b) Construction of a 4- foot -wide 7 portland cement concrete public sidewalk adjacent to the curb for the full width of the lot; and c) Elimination of a stub wall partly obstructing the new sidewalk at the southerly side of the property. K. ADDITIONAL BUSINESS: None. Meeting ad rued t 9:50 p.m. yor ATTEST: City Clerk P'Q�T 0 �a �Gl FO R��A 'Volume 40 - Page 406 INDEX 'ermit/ Improvements lamilton