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HomeMy WebLinkAbout09/28/1987 - Regular MeetingCOUNCIL MEMI 1\0\ ent x x ion Ayes x Abstain x Motion All Ayes • L CITY OF NEWPORT BEACH x x x x x x x x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: September 28, 1987 Mayor Cox presented a Proclamation to the Orange County Escrow Association, designating October as "Escrow Month." A. ROLL CALL. B. Reading of the Minutes of Meeting of September 14, 1987, was waived, approved as written;, and ordered filed. C. Reading in full of all ordinances and resolutions; under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding 31ST STREET IMPROVEMENT BETWEEN NEWPORT BOULEVARD AND VILLA WAY, CANNERY VILLAGE AREA, pursuant to Chapter 27 of the Improvement Act of 1911. Report from Public Works Department, was presented. It was noted that on August 10, 1987, in response to petitions submitted by the owners on 31st Street between Newport Boulevard and Villa Way, the City Council directed staff to use the procedure of Chapter 27 of the Improvement: Act of 1911 to improve 31st Street. In addition to curb, gutter and sidewalk, the improvement plans include installation of street light conduit along 31st Street for future street light installation. The installation cost for this conduit will be borne by the City at: this time; however, at such time as a street light assessment district is formed and the street lights installed, the City will recover the conduit installation costs. The petitions submitted represent 60.3% of the property frontage along 31st Street. Roy Jackson, property owner of two lots on 31st Street between Newport Boulevard and Villa Way, addressed the Council in support of the proposed improvements. He stated that the area under consideration is in a "sad state of affairs," and definitely needs upgrading. He discussed the drainage problems in the area and the need for improvements. Volume 41 - Page 352 1st Imprvm/ pt B1 /Villa (74) COUNCIL MEMBERS ti � • CITY OF NEWPORT BEACH Motion x Ayes x x x x x x Noes x • • MINUTES September 28, 15187 Tony Shepardson, property owner on 31st 31st Imprvm / Street, addressed the Council and Npt B1 /Villa concurred in the remarks of Mr. Jackson. Wy He discussed the flooding problem in the area, and urged the Council to authorize staff to proceed with plans for improvement:. The Public Works Director described the extent of the proposed improvements as represented by the petitions submitted, noting that: in addition to reconstructing the existing pavement, (at City expense) work includes completion of curbs, gutters and sidewalks which are not completed in the subject block; said work being paid for by the property owners through the assessment district. Be also stated he was aware of the drainage problem and felt it would be corrected with the new improvements. Nearing no others wishing to address the Council, the public hearing was closed. Motion was made to direct staff to continue with the procedure to improve 31st Street: per the plans. 2. Mayor Cox opened the continued public Cannery Vlg/ hearing regarding the formation of Asmt Dist PROPOSED ASSESSMENT DISTRICT 87 -1 87 -1 (CANNERY VILLAGE IMPROVEMENTS); (68) kNI'l 3. Continued public hearing regarding the McFadden Sq formation of PROPOSED ASSESSMENT Asmt Dist DISTRICT 87 -3 (MCFADDEN SQUARE 87 -3 IMPROVEMENTS). (68) Report from Planning Department, was presented. Letters received after the agenda was printed regarding these projects were from Barbara T. Regan, Ruth Beier, Bettie Mathieson, and Kathleen McVicar. James Penney, 3471 Via Lido, Attorney representing Blackie Gadarian, lessee of property in the McFadden Square area, addressed the Council and stated that his client would like to see the proposed assessment district project designated as 87 -3 abandoned, and is not in favor of continuing the public hearing to another date. Volume 41 - Page 353 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES September 28, 1987 Roy Jackson., owner of two lots on 31st Cannery Vlg/ Street between Newport Boulevard and McFadden Sq Villa Way, and two lots on 31st Street Asmt Dists between Villa Way and Lafayette, 87- 1/87 -3 addressed the Council and spoke in support of the assessment district for Cannery Village, and stated he felt it should be considered "on its own merit," and not as a part of the project being considered for McFadden Square. He submitted three photographs depicting the poor condition of an alley in Cannery Village near the Cannery Restaurant. He referenced a hole in the alley that had been filled with construction bricks and stated it was representative of the need for improvements in the area. He urged the Council to give Cannery Village the "attention" it needs. John Helms, owner of the property at the corner of 26th Street and Newport Boulevard, known as the Balboa Boat Yard, addressed the Council and indicated he was not in favor of any aesthetic improvements which will not benefit his business. He stated he would like to see the Council abandon all proceedings pertaining to the formation of an assessment district for the McFadden Square area. Paul Michalczyk, co -owner of the Balboa Boat Yard, addressed the Council and urged the Council take action on this issue at this time, and not continue the public hearing to October 26, 1987, as referenced earlier. He stated he concurred in the remarks of Mr. Helms, and is in support of the recommendation of staff for maintenance improvements in the area. Nancy Simpson, Attorney representing St. James Church, owner of Bank of Newport property, addressed the Council and urged approval of staff's recommenda- tion, as set forth in their report. Chris Khuta, owner of property in McFadden Square, addressed the Council and received clarification as to the difference between the proposed assessment district, and staff's proposal for improvements in the area. Sid Sofer, 900 Arbor Street, Costa Mesa, owner of property in McFadden Square, addressed the Council and suggested that proposed assessment district 87 -3 be Volume 41 - Page 354 COUNCIL MEMBERS , 10.*\A\e0o�A • • • CITY OF NEWPORT BEACH MINUTES September 28, 1987 continued, and that staff and business owners in the McFadden Square area meet once again to discuss their areas of concern before any action is taken to abandon the project. John Shea, 2214 W. Ocean Front, addressed the Council and stated that he will be unable to attend the meeting of October 26, and hoped that the Council would take into consideration the issues he discussed in his letter of August 15, 1987. Walter Racket, owner of 100 -108 McFadden Place, addressed the Council and stated that he was in attendance at the June 22 Council meeting when this subject was considered, and that since that time he has never been notified of any further meetings. In reference to the proposed plaza at the base of Newport Pier, he would request that the parking be "left alone" and not taken away. The Planning Director, in response to Council inquiry regarding any meetings held in recent months on this issue, advised that at the request of McFadden Square Business Association, a meeting was held at City Ball regarding the proposed improvements; however, only three individuals attended the meeting. With regard to the parking at Newport Pier, he stated it is not the City's intention to eliminate any parking at this location. Chris Guerin of the Planning Department reported that staff had been contacted by representatives of several of the property owners in McFadden Square requesting a meeting be held. and he was told that approximately 15 to 20 people would be in attendance, but only three persons showed up. In response to inquiry of Council Member Strauss, the Planning Director advised that notification of this City Council meeting was sent to all property owners within the proposed assessment districts, and was mailed on Wednesday or Thursday of last week. Sid Sofer addressed the Council again, and stated that "no matter whose fault it was with: regard to notification of the meetings, he would like to see the property owners and staff pull together again and give the McFadden Square project one more shot." Volume 41 .- Page 355 Cannery Vlg/ McFadden Sq Asmt Dists 87- 1/87 -3 COUNCIL MEMBERS Motion All Ayes • Motion X x CITY OF NEWPORT BEACH Ayes Noes I x Ix Ix Ix ix I x l x • MINUTES September 28, 1987 Motion was made to continue the public hearing regarding proposed Assessment District 87 -1, Cannery Village Improvements, to October 26, 1987. With regard to the Dory Fishermen at McFadden Square, Mayor Pro Tem Hart suggested a. City policy be developed establishing guidelines for the needs of the fleet, such as access, water, electricity, storage areas, etc., to which there: were no objections from the Council. In response: to comments of Council Member Plummer, it was indicated by staff that they would report back on October 26 as to the proposed nature of improvements for the McFadden Square Plaza to be: located at the base of Newport Pier. Following consideration, motion was made to continue: the public hearing regarding the formation of proposed Assessment District 87 -3, McFadden Square Improvements, to October 26, 1987; to eliminate the alternative to retain the restroom at: its present location; and to direct staff to prepare council policy regarding the Dory Fishermen, as suggested boy Mayor Pro Tem Hart. Council Member Strauss pointed out that one of the purposes for continuing this hearing to October 26, 1987, was to obtain cost: estimates of what will be involved as to the Cannery Village/ McFadden Square Improvements; consideration of some five and one -half lots in Cannery Village for parking; and the location of the restroom, in order that Council could look at the total package. lie stated he could not support the consideration of eliminating the possible refurbishment of the restroom without accompanying information at this time. Following discussion, Mayor Cox suggested the Council take straw -votes to eliminate the alternative to retain the restroom at Newport Pier in its present location. It was noted for the benefit of those in attendance that the cost of the new restroom at Newport Pier would be borne by the City. Volume 41 - Page 356 Cannery Vlg/ McFadden Sq. Asmt Diets 87- 1/87 -3 COUNCIL MEMBERS CITY OF NEWPORT BEACH September 28, 1987 MINUTES All Ayes The motion by Council Member Plummer, as set forth in the foregoing was voted on and carried. • 4. Mayor Cox opened the public hearing regarding GENERAL PLAN AMENDMENT NO. 87- 1(E)(1), consideration of amendments to the Circulation Element of the Newport Beach General Plan so as to delete the MacArthur Boulevard /Avocado Avenue One -'Way Couplet from the City's Master Plan of Streets and Highways, designate MacArthur Boulevard as a Major Arterial Roadway westerly of the existing alignment, and designate Avocado Avenue southerly of San Miguel Drive as a Secondary Arterial Roadway. Report from Planning Department, was presented. The Public 'Works Director described the Planning Commission's recommendation as depicted on a map displayed, and answered questions of the Council. He stated that the recommended action is to eliminate the MacArthur Boulevard/ Avocado Avenue one -way couplet; to establish MacArthur Boulevard once again as a two -way divided arterial highway; • and to establish Avocado Avenue from San Miguel southerly to Pacific Coast Highway as an arterial highway. In response to Council inquiry, the City Attorney advised that the law prohibits the City Council from taking action on a project that has been defeated pursuant to a referendum for a period of one year from the date of election, but the law prohibits action only on projects which are substantially similar to the project which is defeated, and in his opinion, this small component of General Plan Amendment No. 85 -1(B) is not substantially similar to the project as a whole; and therefore, the Council is authorized to-vote on this matter at this time. In addition, this General Plan Amendment does not affect the City's ability to insure consistency between the Land Use and Circulation Elements. Environmental Coordinator Patricia Temple, addressed the Council in • response to question raised by.Council Member Turner, in regards to the westerly realignment of MacArthur, stating that the Environmental Impact Report prepared for General Plan Volume: 41 - Page 357 GPA 87 -1(E) (1) (45) COUNCIL MEMBERS CITY OF NEWPORT BEACH MINUTES September 28, 1987 Amendment No. 85 -1(B) did describe the the realignment, and when staff prepared the draft resolution for the Planning Commission, they considered quantifying it, but it was the decision of the Planning Commission to leave it in its more descriptive mode, based upon the opinion of the City Engineer that the exact number of feet be left in a descriptive: mode. It was also noted by Ms. Temple that the timing of this General Plan Amendment will enable: consideration of the Orange County Transit facility, which may be approval of a resubdivision to parcelize the area. At the time the resubdivi- sions are approved, the City will require dedication for the Master Plan of Arterial. Highways, and at this point in time, the conditions would be based on the existing Master Plan. As a result, the City would be requiring dedication for the couplet configura- tion. During review of General Plan Amendment No. 85 -1(B), it appeared that the change to Major Arterial MacArthur was acceptable, given certain criteria. Council Member Sansone commented that one of his concerns is the language pertaining to the restrictions being placed on the widening; especially that portion of MacArthur Boulevard from Harbor View to the prolongation of Crown Drive, and stated if the City wanted to add six lanes from San Joaquin to San Miguel they can, pursuant to subject resolution, and if the City wished to, they can also put six lanes between the. entrance of Harbor View and Coast Highway. The Environmental Coordinator replied in the affirmative, stating the rational behind that particular provision is that the intersection improvements at Coast Highway and MacArthur Boulevard, MacArthur Boulevard and San Joaquin Hills Road, and MacArthur Boulevard and San Miguel Road, are improvements which would occur in a reasonably forseeable time frame.. Volume: 41 - Page 358 GPA 87 -1(E) (1) COUNCIL MEMBERS A I\ y c+ � CITY OF NEWPORT BEACH September 28, 1987 MINUTES Volume: 41 - Page 359 GPA 87 -1(E) (1) Council Member Sansone reiterated his concern again, stating that, as set forth in the proposed resolution, the City could end up, prior to the completion of Pelican Hills Road, with • six lanes from San Joaquin Hills Road to the prolongation of Crown Drive, and six lanes at the entrance of Harbor View Drive to Pacific Coast Highway. He emphasized that "one of these days, without Council approval, there could be six lanes from San Joaquin Hills to the prolongation of Crown Drive, then down to four lanes, (a bottleneck) and then up to six lanes from Harbor View to Pacific Coast Highway, to which he is opposed." Discussion ensued, wherein it was noted that Item No. 4(B) of the proposed resolution, which states: "Completion of San Joaquin Hills Road to Primary Arterial configuration (4 lanes, divided) easterly of Spyglass Hill Road, and connection to Pelican Hill Road," was a condition added at the request of the Corona del Mar Chamber of Commerce, and it was their point at the public hearing before the Planning Commission that this particular connection was needed to form a bypass route around • Corona del Mar directly into Newport Center. This would enable south County traffic to come up Pelican Hill Road and traverse across San Joaquin Hills Road and into Newport Center. Council Member Turner stated that included in the General Plan Amendment for Newport Center, there was a requirement for a landscaping plan to be presented to the Council, and questioned if this was something that should be considered at this time. The Environmental Coordinator responded that the landscaping program was a part of the overall package of approval for General Plan Amendment No. 85 -1 for Newport Center, and the actual dedication of land and installation of landscaping; was required to be funded in total by The Irvine Company, with maintenance: to be taken over by the City. Within this particular segment, • the area of land which will be vacated by MacArthur Boulevard upon completion of the westerly realignment, would provide an area for landscaping. If it is the desire of the Council, Volume: 41 - Page 359 GPA 87 -1(E) (1) COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES September 28, 1987 . landscaping requirements could be imposed on the City, or subsequent developer, within the General Plan criteria. Jean Morris, President of Harbor View Hills Homeowners Association, addressed the Council in support of the Planning Commission's recommendation and action taken on August 6, 1987. She stated that said action answers their concerns and she would urge Council approval. Council Member Sansone stated he will support the recommendation of the Planning Commission, providing the Harbor View Hills Homeowners Association is aware of his concern that the City can extend, from San Joaquin Hills to the prolongation of Crown Drive, six lanes, as well as from Harbor View Drive to Pacific Coast Highway. Ms. Morris indicated she was familiar with the language in the proposed resolution and she thanked Council Member Sansone for his concern, and urged the Council approve the proposed resolution. She stated that with the six lanes.now at MacArthur Boulevard and Pacific Coast Highway, this should alleviate the backing up of vehicles, which did encourage drivers to cut through the residential areas. Barry Allen, 1021 White Sails Way, Harbor View Hills, addressed the Council and stated that he believes someday there will be a freeway through Corona del Mar on Pacific Coast Highway, and that when more lanes are added to roads, freeway on -ramps are created.. He displayed three photographs taken on MacArthur Boulevard approximately 100' from Pacific Coast Highway, noting that a sign is posted stating "Freeway- - Access Rights Restricted on This Section of Highway." The freeway sign is posted immediately adjacent to a sign designating Pacific Coast Highway. He stated that with additional road capacity, Corona del Mar and Mariners Mile will be destroyed. He also felt that eventually CalTrans will be removing parking on Pacific Coast Highway. He stated that what the Planning Commission and City Council approved last year and what was approved by the Planning Commission this year was a compromise, which he does not support. He stated he would like to see Volume 41 -'Page 360 GPA 87 -1(E) (1) COUNCIL MEMBERS IN\ y CITY OF NEWPORT BEACH September 28, 15187 MINUTES GPA 87 -1(E) (1) MacArthur Boulevard be "left as is." He also stated that he had no objection to deleting the one -way couplet as recommended. • Debbie Allen, 1021 White Sails Way, addressed the Council and stated that she was in support of the Planning Commission's recommendation. She referenced Page 3 of the proposed resolution, and summarized what she felt was her most "critical" concerns. She also stated that she concurs with the thoughts of Council Member Turner regarding a landscape plan along MacArthur Boulevard. David Dmohowski of The Irvine Company, addressed the Council and stated that they support the deletion of the one -way couplet designation from MacArthur Boulevard. He stated they do not take Issue with the design standards and timing of any MacArthur Boulevard improvements recommended by the Planning Commission, and feel this should be resolved between the City and various affected community interests. However, they are concerned with the financing of the improvements and would request that • the Fair Share Fee formula be adjusted so that the cost of those additional improvements, or extraordinary design features be: spread over a larger number of projects. Hearing no others wishing to address the Council, the public hearing was closed. Following discussion, Council Member Turner suggested that Item No. 6 be added to Page 3 of the subject resolution with language as follows: "That funding for this project shall consider the City's Fair Share Fee program, and /or other possible available sources." Council Member Turner also suggested that Item No. 2 on Page 2 of the resolution be amended to read as follows: "MacArthur Boulevard between Coast Highway and San Miguel Drive shall • be improved to lower the grade up to 13 feet, and align the road approximately 50 feet west of Volume 41 - Page 361 GPA 87 -1(E) (1) COUNCIL MEMBERS I �G f S' t'o Pion All Ayes Motion Ayes KA CITY OF NEWPORT BEACH IL MINUTES September 28, 1987 existing center line; install necessary sound walls to mitigate noise, and submit a landscape plan for review and approval by the City Counci.l." Motion was made to adopt Resolution No. Res 87 -146 87 -146, approving an amendment to the Circulation Element and Map of the Newport Beach General Plan for MacArthur Boulevard and Avocado Avenue, including the two revisions suggested by Council Member Turner, as set forth in the foregoing. E. PUBLIC COMMENTS: Herb Marshall, 310 Fernando Avenue, Back Bay member of the Bicycle Trails Citizens Bike Event Advisory Committee, addressed the Council and extended an invitation to attend the Third Annual Bicycle Event at Back Bay on Sunday, October, 4. He stated that the festivities begin at Mariners Park at 10:00 a.m. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on October 12, 1987: (a) Proposed ORDINANCE NO. 87 -43, Ord 87 -43 being, Council AN ORDINANCE OF THE CITY OF NEWPORT BEACH REDEFINING THE COUNCILMANIC DISTRICTS IN ACCORDANCE WITH SECTION 1005 OF THE CITY CHARTER BY AMENDING THE NEWPORT BEACH MUNICIPAL CODE. (Reports from - the Planning Department) (b) Proposed ORDINANCE NO. 87 -44, IOrd 87 -44 being, Ambulance AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.14 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO AMBULANCE REGULATIONS. (Report from the Fire Department) [For City Council only— letter from Schaefer Ambulance Company transmitting Letters of recommendations from Fire Departments of surrounding communities] Volume 41 - Page 362 COUNCIL MEMBERS y • • CITY OF NEWPORT BEACH MINUTES September 28, 15,87 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -147 establishing Bus Lic/ transfer fees for Massage Permits. Massage(27) Res 87 -147 (b) Removed from the Consent Calendar. (c) Resolution No. 87 -149 Parking reestablishing a parking permit Permit Sys system for the use of parking Res 87 -149 spaces in City parking lots at (63) certain spaces in offstreet meter zones and rescinding Resolution No. 87 -89. (Report from Public Works - Traffic Engineering) (d) Resolution No. 87 -150 Offstreet reestablishing the offstreet Parking Zoe . parking meter zones and regulations Res 87 -150 for the operation of parking meters (63) and rescinding Resolution No. 87 -46. (Report from Public Works- Traffic Engineering) 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk Geobase Sys to execute a Geobase System Sftwr L/A Software License Agreement with Deltasystems Deltasystems for the acquisition of C -2668 computer software. (Memorandum (38) from Finance Director) (b) Authorize the Mayor and City Clerk to execute a Lease Purchase Agreement of Geobase System Hardware with Hewlett- Packard Company for acquisition of computer hardware. (Memorandum from Finance Director) (c) Award Contract 2537 for West Newport Park to Valley Crest , Landscape, Inc., in the amount of $597,165.15; and authorize the Mayor and City Clerk to execute subject contract. (Report from Public Works Department) (d) Authorize the Mayor and City Clerk to execute an Amendment extending the term of the agreement for funding and construction of Upper Newport Bay Bicycle and Equestrian Trail (C -2435) with the Orange County Harbors, Beaches and Parks District. (Report from Public Works Department) Volume: 41 - Page 363 Geobase Sys Hrdw LPA Hewlett - Packard C -2669 (38) 1WNdt p Prk Inecp C -2537 (38) Upr Npt Bay Bic /Egstrn Trl Amnd C-2435 (38) COUNCIL MEMBERS y G '1►`G 4A of 9G CITY OF NEWPORT BEACH September 28, 15187 MINUTES 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for Planning response, letter from Norman G. (68) Jensen w /petition from residents in Sea Island, regarding proposed construction of condominium units by Lusk on existing parking lot adjacent to clubhouse on Sea Cove Lane, Tract 9676, Lot 2. (b) To Traffic Affairs Committee for TAC inclusion in their records, letter (85) w /newspaper clipping from Peggy Young of Garden Grove, concerning parking /meters in the business area of Newport Beach. (c) To Police Department for response, PD letter from W. A. Couch regarding (70) recent police helicopter surveillance in the Newport Heights area. (d) To Planning Department for Planning inclusion in their records, letters (68) from W. A. Couch and June I. Johnson opposing Use Permit No. 3291, (485 North Newport Boulevard) business and property owners in the subject area. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Gavin Herbert to John Wayne Airport Manager regarding concern for heavy air traffic. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Judy Barry alleging property damage - Barry to floor as a result of City's sewer system backing up into house at Linda Isle on September 6, 1987. (b) Peter Joseph Carolan alleging Carolan unnecessary excessive force by City Police: Officer on June 10, 1987 at 32nd Street parking lot. (c) Norman. J. Davis alleging personal Davis • injuries as a result of arrest by Police: Department; also alleging harassment and false accusations on June 91, 1987. Volume: 41 - Page 364 COUNCIL MEMBERS I\\ 1 • • • CITY OF NEWPORT BEACH MINUTES September 28, 15187 (d) Application to Present Late Claim of Robert Friend alleging personal injuries as a result of fall when his bicycle wheels went into storm drain grate that was near "A" Street: and Main Intersection on May 24, 1987. (e) Rena Kerr alleging personal injuries as a result of trip and fall an raised sidewalk at 607 Marguerite and Pacific Coast Highway on June 10, 1987. (f) William F. Mattson alleging City Police Department had his vehicle towed away in error (claimant purchased overnight parking permit for the subject location) from the Rendezvous parking lot on June 3, 1987. (g) Elly- Chrisa McKeever alleging personal injuries as a result of slip and fall near 2765 N. Anchor Street, (corner of Domingo and Amigos) on June 4, 1987. (h) David W. Miller for Rusty Miller alleging Lifeguard Jeep ran over claimant's personal belongings; seeking reimbursement for prescription glasses which were broken. on August 17, 1987. (i) Sharon. and Louis H. Wolf, Jr., for personal injuries as a result of being struck by golf cart in golf course tunnel, alleging poor lighting conditions at Newport Beach Golf Course, 3100 Irvine Avenue:, on June 6, 1987. (j) Villa Balboa Association for damages to property located at 220 and 240 Nice Lane, 260, 270, 280 and 950 Cagney Lane. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a). Ray H. Highwarden for personal injuries and property damage, Oranges County Superior Court, Case No. 53- 28798. Claim was denied by City Council on July 13, 1987. Volume 41 - Page 365 Friend Kerr Mattson McKeever Miller Wolf Villa Bal Assn (36) Highwarden COUNCIL MEMBERS C'O¢ \� • • CITY OF NEWPORT BEACH MINUTES September 28, 19,87 (b) Julie F. Waugen for personal Waugen injuries, Orange County Superior Court, Case No. 51- 16 -09. Claim was denied by City Council on July. 14, 1987. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Approve one Utilities Specialist II, Utility Department. (b) Approve one Library Clerk I, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department recommending transmittal of (1) a one -year HOUSING ASSISTANCE PLAN (HAP); and (2) the 1986 -87 Grantee Performance Report to the DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) as required by HUD in order to receive next year's COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (66) CDBG /RAP (87) (b) Memorandum from City Librarian Library recommending acceptance of gift (50) Dukane Filmstrip /Cassette Projector to the Newport Beach Public Library (Mariners Branch) from Madeline Foreman. (c) Report from the City Attorney Lido Is C/A regarding construction of planter (31) in street -end and leased to Lido Isle Community Association. (d) Report from the City Manager OCS /Gas concerning opposition to the OCS Leasg OIL AND GAS LEASING PROGRAM. (87) For Council information and filing: (e) Report to the City Manager Planning regarding ACTIONS TAKEN BY THE Commission PLANNING COMMISSION ON SEPTEMBER (68) 10, 1987. Volume, 41 - Page 366 COUNCIL MEMBERS aG :7 u CITY OF NEWPORT BEACH MINUTES September 28, 15187 10. PUBLIC HEARING SCHEDULING: October 12, 1987 - (a) Application of Bramalea California, Inc, for street name change from "Crystal Bay Drive" to "Bayview Circle" in the Bayview Planned Community. (Report from Planning Department) October 26, 1987: (b) ALLEY PAVING IN BLOCK 2, TRACT 2:7 (IN CITY BLOCK BOUNDED BY 15TR STREET, WESTMINSTER AVENUE, CLAY STREET, AND BOLSA AVENUE) - Direct staff to notify the owners of subject property to construct Portland cement concrete alleys adjacent to their property using procedures of Chapter 27 of the Improvement Act of 1911; and schedule public hearing to hear protests. (Report from Public Works Department) Street Nm Change /Bay- view Cr (83) Alley Pavg/ 15th St/ Wstmnstr/ Clay /Bolsa (74) 11. NEWPORT PIER RESTROOM CONSTRUCTION - Npt Pr Rstr Postpone consideration of the Newport Cnstr Pier restroom alternatives until October (74) 26, 1987 City Council meeting. (Report from Public Works Department) 12. SEWER MAIN AND ALLEY REPLACEMENT PROGRAM Swr Mn /Aly (C -2586) - Approve the plans and Rplcm specifications; and authorize the City C -2586) Clerk to advertise for bids to be opened (38) at 11 :00 a.m., on October 15, 1987. (Report from Public Works Department) 13. Removed from the Consent Calendar. 14. NEWPORT HARBOR SUBMARINE CABLES - Uphold Npt Hrbr staff's recommendation for approval, Sub Cables subject to conditions listed in the (51) staff report, for request of Pacific Bell Telephone Company to replace two existing submarine cables with one crossing the main channel in Newport Harbor between the Peninsula and Balboa Island. (Report from Marine Department) Volume. 41 -- Page 367 COUNCIL MEMBERS A 1\1 • • • CITY OF NEWPORT BEACH MINUTES September 28, 1987 15. NEWPORT HARBOR MAINTENANCE DREDGING PERMIT RENEWAL - Uphold staff's recommendation for approval of Budget Amendment in the amount of $40,000 for subject renewal. (Report from Marine Department). 16. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation for approval, subject to conditions listed in the staff report, for the following: (Report from Business License Supervisor) (a) Application #87 -281 - Action Sailing Center Hobie Cat Regatta for use of beach at Balboa Pier on Saturday and Sunday, October 10 8 11, 1987; (b) Application #87 -294 - Chamber of Commerce Sand Castle Contest at Corona del Mar Main Beach on Sunday, October 18, 1987, 11:00 a.m. to 4:00 p.m.; (c) Application #87 -303 - Rehabilitation Institute of Southern California Fireworks Display at The Ritz, 880 Newport Center Drive, on Sunday, October 4, 1987, 6:00 - 7:00 p.m. 17. BUDGET AMENDMENTS - For approval: (a) BA -018, $25,000 - Increase in Budget Appropriations for preparing detailed plans and specifications for Art in Public Places project at Inspiration Point; Park and Recreation Fund. (b) Reappropriation of Prior Years Encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR) for the following: BA -019, $3,607,260.44 - Increase in Budget Appropriations; General Fund. BA -020, $1,1542,674.24 - Increase in Budget Appropriations; Park and . Recreation Fund. BA -021, $10,993.15 - Increase in Budget Appropriations; Library Fund. BA -022, $212,178.42 - Increase in Budget Appropriations; State Gas Tax (Sec 2107) Fund. Volume 41 - Page 368 Npt Hrbr Mntnc Drdg (51)(3$3 c - .1939 Evnts 87 -281 COUNCIL MEMBERS • 1, 11 u CITY OF NEWPORT BEACH MINUTES September 28, 1987 BA -023, $4,434.25 - Increase in Budget Appropriations; State Gas Tax (Sec. 2106) Fund. BA -024, $30,258.88 - Increase in Budget Appropriations; Arterial Highway Financing Program Fund. BA -025, $23,110.59 - Increase in Budget Appropriations; Tide and Submerged Lands. BA -026, $30,000 - Increase in Budget Appropriations; State Gas Tax (Sec. 2126) Fund. BA -027, $1,362,738.45 - Increase in Budget Appropriations; Contributions Fund. BA -028, $114,572.84 - Increase in Budget Appropriations; Building Excise Tax Fund. BA -029, $93,024.02 - Increase in Budget Appropriations; Water Fund. BA -030, $156,174 - Increase in Budget Appropriations; Library Fund. (c) BA -031, $40,000 - Increase in Budget Appropriations to provide for renewal of Newport Harbor Maintenance Dredging Permit (cost of permit to be reimbursed through User Fees); General Fund. (Refer to report w /agenda item F -15) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the City Manager with Beacon Bay proposed resolution approving Agreement Lease to Lease Beacon Bay Residential Lots A, C -505 17, 31 and 63 to current sublessees, was (38) presented. It was noted that at the Study Session of September 14, 1987, the Council reviewed a report setting forth the recommendations of the Budget Committee establishing ter ms and conditions for the leasing of residential lots to the four sublessees who did not sign the . 1981 lease. The proposed resolution serves to implement those recommendations by extending to the current sublessees an offer which expires October 31, 1987. The expiration date of the offer provides sufficient time for the City to act before expiration of the sublease on December 31,, 1987, should the sublessees Volume: 41 - Page 369 COUNCIL MEMBERS CITY OF NEWPORT BEACH September 28, 1987 MINUTES Volume: 41 - Page 370 Bay elect not to accept the offer. It was further noted that the recommendation of the Budget Committee is considered to be fair and reasonable, primarily for the reason that terms and conditions are • identical to those accepted by the ten (10) individuals who have acquired leaseholds in Beacon Bay since the inception of the 1981 lease. Snider Vick., owner of Lot A in Beacon Bay, addressed the Council and expressed appreciation to the Budget Committee for the time given by them to this issue. He stated that one of the major areas of his concern. was that of the penalty payment, and discussed the reasons why he felt he should not have to pay the amount recommended by the Committee. Mayor Cox commented that the Budget Committee has reviewed, over a six -month period, the information provided by Mr. Vick and the other unsigned sublessees, and find that the recommended lease terms are fair and justifiable, and correspond to similar terms accepted by ten (10) other sublessees. • The City Manager stated that the Budget Committee has worked very diligently on this subject; evaluated the consequences of the various alternatives and following the meeting held earlier today; have reaffirmed their position which is now before the Council. He stated -he believes that the conclusion and recommendation made by the Budget Committee is within the spirit of the . City's lease of Beacon Bay approved in 1980 by the State Legislature, and in 1981 by the State Lands Division and Attorney General's Office. In response to question raised by Council Member Turner, Mr. Vick stated that he was familiar with the four alternatives recommended by the Budget Committee designated as Exhibit 3 of the Lease Agreement. The City Manager advised that he had talked with the President of the Beacon Bay Homeowners Association, and it was their understanding the City's proposal was fair; however, they were not fully • aware of the details, and therefore have requested that if the proposed Volume: 41 - Page 370 Bay COUNCIL MEME CITY OF NEWPORT BEACH September 28, 1987 MINUTES Volume: 41 - Page 371 resolution is adopted, they be given a Beacon Bay full explanation of the terms, etc. Lease Following discussion, motion was made to Res 87 -148 adopt Resolution No. 87 -148 approving Agreement to Lease Beacon Bay • Residential Lots A, 17, 31 and 63 to current sublessees. 2. Report from Marine Department, dated Harbor Perm September 14, 1987, recommending denial Apliltlll- of HARBOR PERMIT APPLICATION 111 -1000 by 1000 Carol Senour to build a bulkhead bayward (51) of 1000 East Balboa Boulevard, was presented. Letters from D. G. Gilliland and Balboa Peninsula Point Association regarding subject application, were presented. Bob Senour, applicant, 1000 E. Balboa Boulevard, addressed the Council and submitted photographs of the site in question, and a revised map depicting the location of the proposed bulkhead. He stated this item was deferred from two weeks ago in order that it be reviewed by the Tidelands Affairs Committee and inquired as to the Committee's findings. • The City Manager stated that he had received a telephone call from Tony Melum, Tidelands Administrator, last Friday and was advised by him that the Tidelands Affairs Committee had met on this issue and concurred in the original recommendation of the Marine Department. Mr. Melum also informed him it was his understanding that the applicant was going to request at this meeting a modification, or that the item be removed from the agenda so that the application could be modified and resubmitted. Mr. Senour stated that it was his desire to stay in a "string- line" effect with his existing neighbors to prevent any eddying or trash deposits on his or his neighbors beaches. He stated that he was willing, to accept the staff's recommendation to extend no further than 30 feet; however, he does feel his request is reasonable. Discussion ensued, wherein it was • pointed out that the Council could approve the: application on the condition that the bulkhead be constructed on the Volume: 41 - Page 371 COUNCIL MEMI 160.01`� 0 • CITY OF NEWPORT BEACH MINUTES September 28, 1987 H 1 2. 3. northerly line of vacated east Bay Avenue, 30' bayward of the residential lot. Council Member Plummer briefly reviewed the history connected with the Council Policy regulating bulkheads which was adopted in the seventies, and indicated that if Mr.. Senour's request to extend 45' was approved, it could set a precedent for other requests. Following consideration, motion was made to approve the application, subject to the condition that the bulkhead be placed on the bayward line of vacated East Bay Avenue, which is 30 feet bayward of the residential lot, and subject to approval of the Tidelands Affairs Committee. ORDINANCES FOR ADOPTION: Proposed ORDINANCE NO. 87 -40, being, 1000 r Perm 111 -.' 87 -40 AN ORDINANCE OF THE CITY COUNCIL OF icense/ THE CITY OF NEWPORT BEACH AMENDING ssage Estb SECTION 5.50.070A OF THE NEWPORT (27) BEACH MUNICIPAL CODE PERTAINING TO TRANSFER FEES FOR MASSAGE ESTABLISHMENTS, was presented for second reading with report from the Business License Supervisor, dated September 14, 1987. Motion was made to adopt Ordinance No. 87 -40. Proposed ORDINANCE NO. 87 -41, being, 87 -41 AN ORDINANCE OF THE CITY COUNCIL OF icense Regs THE CITY OF NEWPORT BEACH ADDING irearma NEW CHAPTER 5.80 TO THE NEWPORT (27) BEACH MUNICIPAL CODE PERTAINING TO THE RETAIL SALE OF CONCEALABLE FIREARMS, was presented for second reading with report from the Assistant City Attorney, dated Septe:mber'14, 1987. Motion was made to adopt Ordinance No. 87 -41. Proposed ORDINANCE NO. 87 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020 OF THE NEWPORT Volume: 41 —Page 372 d 87 -42 tations COUNCIL MEMBERS \1:\%N\ n � • • • CITY OF NEWPORT BEACH MINUTES September 28, 1987 BEACH MUNICIPAL CODE PERTAINING TO AUTHORITY OF PUBLIC EMPLOYEES TO ISSUE CITATIONS, was presented for second reading with report from the Assistant City Attorney, dated September 14, 1987. Motion was made to adopt Ordinance No. 87 -42. I. CONTINUED BUSINESS: 1. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCIES: Motion was made to defer to October 26, 1987 the following: (District 1) Council Member Strauss' appointment to fill unexpired term of Marilyn Hendrickson, ending December 31, 1987; and (District 6) Council Member Sansone's appointment to fill unexpired term of Sydney Balalis, ending; December 31, 1987. J. CURRENT BUSINESS: 1.. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to accept with regret the resignation letter from Bobby Lovell and confirm (District 1) Council Member Strauss' appointment of Geneva Matlock to fill unexpired term ending December 31, 1987. Meeting adjourned at 10:15 p.m. The .agenda for this meeting was posted on September 24, 1987, at 9:50 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: vv Volume 41 - Page 373 BT /CAC IEQA /CAC .: (24)