HomeMy WebLinkAbout02/27/1989 - Regular MeetingPresent x
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CITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 27, 1989
A. ROLL CALL.
MINUTES
B. Motion was made to waive reading of
Minutes of Meeting of February 13, 1989,
and approve as corrected on page 36 to
reflect that Mayor Strauss voted "Aye,"
and Mayor Pro Tem Plummer voted "No"
regarding VARIANCE NO. 1148.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Public hearing concerning REQUEST FOR Utilities/
GRANT FROM STATE METHANE GAS HAZARDS State Meth -
REDUCTION FUNDS. an Gas /HRF
(89)
Report from Utilities Director, was
presented.
It was pointed out that the City is
requesting $105,000, which will be used
for the identification of public areas
with a potential for methane
accumulation and installation of vents
to dissipate the gas.
Dale Kellogg, 28 Balboa Coves, addressed
the Council and offered data compiled
between 1972 to 1975 on this issue.
Hearing no other comments, the public
hearing was closed.
Motion was made to direct staff to
proceed with a preapplication for funds,
and adopt the methane response plan.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
Indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -7 establishing a Parking
moratorium on the issuance of IN Permits/
LIEU PARKING PERMITS. Res 89 -7
Volume 43 - Page 63 1 (40163)
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CITY OF NEWPORT BEACH
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C February 27, 1989
(b) Resolution No. 89 -8 declaring the
City's INTENTION TO VACATE AN
EASEMENT crossing Lot 100, Tract
No. 1116 (182 Shorecliff Road,
Corona del Mar) for SEWER PURPOSES;
accepting a map showing the
easement to be vacated; and setting
March 27, 1989, as.the date for the
public hearing concerning the
intended vacation. (Report from
Public Works Department)
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2711, FAU
Project M -5001 (43) and Contract
No. 2703, FAU Project M -5001 (44) to
Griffith Company for a total bid
price of $4,946,633.42 for PACIFIC
COAST HIGHWAY REHABILITATION
PROJECT, and authorize the Mayor
and City Clerk to execute subject
contracts; authorize the Mayor and
City Clerk to execute a Local
Agency /State Service Agreement to
furnish materials testing services
and source inspection for the
construction of Coast Highway;
authorize a budget amendment
transferring $85,326.70 from the
studies /widen Pacific Coast Highway
project (Account No. 18- 3381 -005);
and authorize a budget amendment
transferring $166,136 from the
Water Fund Main Replacement Program
(Account No. 50- 9288 -001) to the
Relocate Water Line Pacific Coast
Highway project (Account No.
50- 9297 -199). (Report from Public
Works Department)
(b) Removed from Consent Calendar.
4. COMMUNICATIONS - For referral as
indicated:
Vacation/
Swr Esmt
182 Shore -
cliff Rd
Res 89 -8
(90)
PCH Rehab
Prj /FAU
C -2711
(38)
(a) To Fire Department for inclusion in JFire Dpt
the records, letter expressing (41)
thanks from Jim and Carolyn Corey
for efficient, courteous service
fighting a FIRE AT 4805 PATRICE.
(b) To Public Works Department for PW
reply, letter from Central Newport (74)
Beach Community Association
expressing views on MCFADDEN SQUARE
ASSESSMENT DISTRICT; SPEED HUMPS;
OCEAN FRONT BIKE PATH; AND PHASE II
OCEAN FRONT SIDEWALK MAINTENANCE.
Volume 43 - Page 64
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CITY OF NEWPORT BEACH
EMBERS MINUTES
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February 27, 1989
N INDEX
(c) To Public Works /Traffic Engineering
Traffic/
for response, letters concerning
BI Pkg
proposal for BALBOA ISLAND
(63)
PREFERENTIAL PARKING from Harry V.
Kemp, William H. and Sallee P.
Crookston; Edward and Janice
Wiseman; Mr. and Mrs. David
Sherreitt; Richard, George and Don'
Matics; Grace and Roy Barker; and
Vic Sherreitt.
(d) To Environmental Services
Environ /Qlty
Coordinator for inclusion in the
(24)
records, letters from Violette
Schugt,Lois Collins, and Jeanne
Pitman expressing support of THE
VILLAGE INN to continue their
operation.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) City of Garden Grove relating to
City of
claim of Banh Van Le alleging
Garden Grove
personal injuries /damages, as a
result of being arrested and placed
in County detention center on
January 16, 1987.
(b) Peter J. Tennyson alleging persona].
Tennyson
injuries /damage to clothing as a
result of stepping into uncovered
water meter on the sidewalk at 459
Vista Roma.on December 11, 1988.
(c) Michael Siegrist alleging property
Siegrist
damage to bumper as a result of his
vehicle being rear -ended by City
vehicle while driving on the 55
Freeway northbound at Dyer Road on
February 2, 1989.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Gary Elder for personal injuries
Elder
and damages, Orange County Superior
Court, Case No. 581034. Claim was
denied by City Council on September
26, 1988.
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Volume 43 - Page 65
CITY OF NEWPORT BEACH
MINUTES
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f �a
A February 27, 1989
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(66)
Hornblower
Yachts/
Marine Dpt
(51)
NB Conf/
Visitors Bu
C -2638
(38)
Planning
Commission
(68)
Avon Street
Pkg Imprvms
(74)
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Librarian - Childrens, Library
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Department.
(b) Two Refuse Workers II, General
Services Department.
(c) Two Utilities Specialists II,
Utility Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the City Attorney
regarding the application to the
Public Utilities Commission of
HORNBLOWER YACHTS FOR ADDITIONAL
CHARTER PERMITS.
(b) Removed from Consent Calendar.
(c) Report from the City Manager
concerning the CONFERENCE AND
VISITORS BUREAU'S BUDGET AND
REPORTS.
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For Council information and filing:
(d) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON FEBRUARY 9,
1989.
10. PUBLIC HEARING SCHEDULING:
(Refer to agenda item F -2(b))
11. AVON STREET PARKING IMPROVEMENTS -
Uphold staff's recommendations to;
Abandon the concept of providing
additional parking on Avon Street
through constructing retaining walls and
street widening; Off- Street Parking
Committee to review other possibilities
for providing additional parking in the
.area; and direct staff to proceed with
the design of the Avon Street storm
drain extension, street reconstruction
and widening between the newly completed
improvements and Riverside Avenue.
(Report from Public Works Department)
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Volume 43 - Page 66
(66)
Hornblower
Yachts/
Marine Dpt
(51)
NB Conf/
Visitors Bu
C -2638
(38)
Planning
Commission
(68)
Avon Street
Pkg Imprvms
(74)
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CITY OF NEWPORT BEACH
EMBERS MINUTES
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February -27, 1989
INDEX
12. CONSTRUCTION OF METROPOLITAN WATER
Bonita Crk
DISTRICT SERVICE CONNECTION (CM -13) AT
Prk /MWDS
BONITA CREEK PARK (CONTRACT NO. 2697 -B)
Connection
- Certify the Initial Environmental
C -2697B
Study and adopt the findings pursuant to
(38)
CEQA guidelines (Exhibit "A "); authorize
staff to file a Notice of Determination
with the Clerk of the County of Orange;
approve the project plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 10:00 a.m., on Thursday, March 16,
1989. (Report from Utilities /Public
Works Directors)
13. SPECIAL EVENT PERMIT APPLICATION NO.
Permit/
89 -043 - Uphold staff's recommendation
Spcl Evnt
for approval, subject to conditions in
Apli#89 -043 .
the staff report, for amplified sound in
(65)
a residential area at Peninsula Park on
Sunday, March 19, 1989, from 1:00 p.m. -
5:00 p.m. for the Contemporary Christian
Music by California Leisure Ministries.
(Report from Business License
Supervisor)
14. BUDGET AMENDMENTS - For approval:
(25)
BA -050 (Refer to agenda item F -3(b))
BA -051, $3,500 - Transfer in Budget
Appropriations for purchase of five
parking meter collection carts; Traffic
and Parking Fund.
BA -052, $85,326.70 - Transfer in Budget
Appropriations for City's share to
construct Pacific Coast Highway between
Bayside Drive and Jamboree.
BA -053 (Refer to agenda item F -3(a))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Recycled report from Public Works
McFadden Sq
Department of February 13, 1989
Asmt DS59
w /supplemental report, regarding
C -2737
proposed MCFADDEN SQUARE ASSESSMENT
(38)
DISTRICT NO. 59, was presented.
The City Clerk advised that after the
agenda was printed, five additional
letters regarding the proposed
assessment district were received,
duplicated, and transmitted to the
Council.
Volume 43 - Page 67
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CITY OF NEWPORT BEACH
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February 27, 1989
The Public Works Director stated that
the proposed assessment district
consists of three elements, i.e.,
decorative street lighting ($240,000);
decorative sidewalks ($250,000); and
additional plaza improvements which
amounts to a total cost of $620,000,
including the City's 50% improvements.
He noted that the engineering assessment
report requested to in the recommended
action would summarize the cost and
present a proposed formula for spreading
the assessment, and thus allow the cost
to individual property owners to be
ascertained before any final action is
taken on the formation of the assessment
district.
With regard to percentages received for
and against the proposed assessment
district, the Public Works Director
pointed out that as of this particular
time the percentages in favor is 63%.
However, those percentages can be
changed at anytime up to and including
the legally mandated public hearing for
formation of an assessment district. He
also reported that there are
approximately 49 separate parcels within
the proposed assessment district owned
by 34 property owners. He stated that
the percentage of support and percentage
of opposition is calculated based on the
total area in support and the total area
opposed.
Sid Soffer, 900 Arbor Street, Costa
Mesa, owner of property at 107 W. 21st
Place in McFadden Square, addressed the
Council in opposition to the proposal.
He stated he had attended a meeting last
week with approximately twelve of the
affected property owners, and it was his
feeling that the property owners want to
see improvements in the area, but
because they are unaware of what is
involved, they choose to oppose the
project. He stated that everyone has
different concepts of what is going to
happen in the area, and suggested the
City's intentions be clarified.
In response to the above comments, the
Public Works Director advised that the
City Council, in approving the Specific
Area Plan for McFadden Square, committed
$300,000 for plaza improvements,
one -half million dollars for Newport
Pier restroom relocation, $103,000 for
Ocean Front parking lot repairs, and
Volume 43 - Page 68
McFadden Sq
Asmt D#59
CITY OF NEWPORT BEACH
February 27, 1989
Volume 43 - Page 69
McFadden Sq .
Asmt D #59
$490,000 for street and curb repairs,
drainage improvements, and sidewalk
repairs. He stated that this project
consists basically of repairs and
rehabilitation, and is not intended
to totally reconstruct all sidewalk,
curb and street in the area. He also
noted that the proposed assessment is
estimated at $790,000, and the City's
obligation for its improvements is
approximately 1.4 million dollars
(depending on cost of restroom). In
addition, it is the City's intention to
proceed in future years with street and
sidewalk repairs in the McFadden area,
and therefore, another $700,000 has been
set aside.
John Shea, 2214 W. Ocean Front,
addressed the Council in opposition to
the proposed assessment district. He
stated that according to his
calculations regarding the percentages
for and against the proposal, only
50.63% favor the project. He also
emphasized that final determination of
the assessment district can only be made
at the formal public hearing which date
has not yet been scheduled.
•
Francis A. Ursini; 2010 W. Ocean Front,
addressed the Council and referenced his
letter withdrawing his protest if the
restroom remains west of the Newport
Pier. He stated that he is in favor of
improving the area, but if the restroom
is relocated east of the pier, it would
place the structure in front of his
property.
Rosanna Autore, 2204 W. Ocean Front,
addressed the Council and discussed the
feasibility of placing a gate at the
entrance to the Newport Pier parking lot
due to the "very bad element" cruising
the area.
Bill Schonlau, 408 -A E. Ocean Front,
addressed the Council in support of the
proposal. He stated that according to
his calculations, 63% of the affected
.property owners are in favor of the
project; 24% opposed and 12% undecided.
He felt this was a "golden opportunity"
to upgrade the McFadden Square area, and
urged the Council to proceed with the
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engineering assessment study. He also
stated that when he circulated the
petitions in support of the district, he
Volume 43 - Page 69
McFadden Sq .
Asmt D #59
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CITY OF NEWPORT BEACH.
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February 27, 1989
INDEX
made no promises or misrepresented the Asmtd81o9Sq
City in any way as to what will, or will
not take place in McFadden Square.
Walter Racker, owner of 100 -108 McFadden
Place, addressed the Council in
opposition to the proposed assessment
district, and felt that.if the Council
had made their decision as to the .
restroom relocation prior to considering
this proposal, more property owners
would have supported the assessment
district.
George Dussin, 111 Via Lido Soud, owner
of the Old Spaghetti Factory, addressed
the Council and stated he was opposed to
the project because of the method in
which it was handled, but emphasized he
was in favor of improving the area.
Sid Soffer addressed the Council again,
and stated that he had met with Bob
Roubian, owner of the Crab Cooker, who
asked him to convey to the Council that
he would prefer to "keep the area as it
is," with the exception of on —going
repairs. Mr. Soffer also questioned who
Mr. Schonlau represented, inasmuch as
Mr. Schonlau is not a property owner
included in the proposed assessment
district.
Bill Schonlau addressed the Council
in response to Mr. Soffer°s inquiry, and
replied that he "represents only
himself," and is a civic — minded
individual.
William Blurock, 2300 Newport Boulevard,
addressed the Council and stated he has
no connection with Bill Schonlau
regarding this proposal. He spoke in
support of the assessment district,
indicating he felt the improvements were
needed and that "tourism" was not going
to decrease due to rapid growth in
Orange County.
Discussion ensued, wherein the Public
Works Director pointed out that if the
recommended action is approved, the
engineering assessment study would be
completed sometime in April, and a
public hearing scheduled for sometime in
May, 1989. If a majority protest (51 %)
is represented at the public hearing,
the assessment district fails; if there
is a majority in support (51 %) of the
Volume 43 — Page 70
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Motion,
x
Noes x
Ayes x
Noes
CITY OF NEWPORT BEACON
MINUTES
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Febru ary 27, 1989
x x
x
x x x
proposal, the City Council is still not
obligated, or required to form the
assessment district, as it is only a
discretionary action.
Council Member Sansone spoke in support
of proceeding with the study at this
time, and therefore, made a motion to:
Direct staff to prepare a boundary
map and investigation report
pursuant to the provisions of the
"Special Assessment Investigation,
Limitation and Majority Protest Act
of 1931," being Part 2, Division 4
of the Streets and Highways Code,
for the purpose of establishing a
special assessment district;
authorize the City Manager to
retain an Assessment Engineer and
Legal Counsel for the proposed
district; and approve Budget
Amendment No. 050 for $10,000,
transferring funds from the Capital
Project Budget to construct
MCFADDEN SQUARE ASSESSMENT DISTRICT
N0. 59, Priority °A° Repairs
Capital Project Budget for the
purpose of retaining an Assessment
Engineer and Legal Counsel.
Mayor Pro Tem Plummer suggested an
amendment to the motion, whereby staff
would conduct an informative meeting
with all affected property owners in an
attempt to clarify their concerns, as
well as set forth the City's specific
intentions regarding the improvements to
the district.
The Public Works Director advised that
he anticipates there will be two "town
hall" type meetings with the involved
property owners to review the
investigation report prior to it coming
to the Council, and prior to the public
hearing.
x Substitute motion was made to defer
action on this item until the Council
takes final action on the restroom
relocation, which will be considered
later in this evening's meeting; and
the town hall meetings are conducted on
this issue.
x The substitute motion was voted on and
FAILED.
The motion on the floor was voted on and
x carried.
Volume 43 - Page 71
den Sq
D#59
Motion
Ayes
Noes
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Motion
All Ayes
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Motion
All Ayes
CITY OF NEWPORT EACH
MEMBERS MINUTES
February 27, 1989
Ih92i
2. Report from the City Manager concerning
LAFCO /Sphere
SPHERE OF INFLUENCE, was presented.
of Influence
(21)
The City Manager stated that if the City
Council approves the recommended action,
Local Agency Formation Commission
(LAFCO) would be requested to include
all of Crystal Cove State Park.
However, if the Council desires.to
revise the City's Sphere of Influence
only up to Crystal Cove State Park, a
resolution has been prepared. %
x
Motion was made to adopt Resolution No.
Res 89 -9
x
x
x
x
89 -9, amending Resolution No. 88 -24,
x
requesting the Local Agency Formation
Commission of Orange County to amend the
Sphere of Influence of the City of
Newport Beach to include all of the
developable area within the Irvine Coast
Land Use Plan.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 89 -6, being,
Ord 89 -6
Bus /License.
AN ORDINANCE OF THE CITY COUNCIL OF
Entrtmt Estb
THE CITY OF NEWPORT BEACH AMENDING
(27)
SECTION 5.28.070 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
APPEALS FROM ACTION OF THE CITY
MANAGER ON ENTERTAINMENT',
ESTABLISHMENTS,
was presented for second reading with
recycled report from Business'License
Supervisor, dated February 13, 1989.
z
Motion was made to adopt Ordinance No.
89 -6.
2. Proposed ORDINANCE NO. 89 -7, being,
Ord 89 -7
Live -abrd
AN ORDINANCE OF THE CITY COUNCIL OF
iOfshr Mrgs
THE CITY OF NEWPORT BEACH ADDING
(51)
CHAPTER 17.23 TO THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
RESTRICTIONS ON PERSONS LIVING
ABOARD OFF -SHORE MOORINGS,
was presented for second reading with
recycled report from the Harbor Quality
Committee, dated February 13, 1989.
Letter from Alan L. Blum with
suggestions toward regulating sewage and
other pollutants from live- aboard
off -shore moorings, was presented.
x
Motion was made to adopt Ordinance No.
89 -7.
Volume 43 - Page 72
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CITY OF NEWPORT BEACH
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I. CONTINUED BUSINESS:
MINUTES
1. Report from Public Works Department
concerning MCFADDEN SQUARE RESTROOM, was
presented.
The City Clerk advised that after the
agenda was printed, 36 letters were
received in opposition to relocating the
restroom easterly of the pier.
The Public Works Director summarized his
report, noting that bids were received
and rejected for the restroom proposed
to be located between the Dory Fleet and
the pier due to the high cost
($750,000), and the staff was directed
to come back with alternatives. He
stated that if the restroom is located
behind the Marine Department
headquarters, the estimated cost is
approximately $450,000. If the existing
restroom is completely refurbished, it
is estimated at $250,000.
The Public Works Director pointed out
that each of the above costs could be
reduced if some of the architectural
amenities, or design features were
eliminated or reduced, such as painted
concrete rather than tile, porcelain
fixtures rather than stainless steel,
etc. It is the staff's opinion,
however, that if some of the amenities
are eliminated, it would be
contradictory to what this project is
trying to achieve with regard to minimum
vandalism and minimum maintenance over
the years. He commented that if the
restroom is relocated near the Lifeguard
headquarters, it would allow the
McFadden Square Plaza to be upgraded,
and represents a compromise between
reasonable cost and aesthetic benefits.
Walter Recker, 100 -108 McFadden Place,
addressed the Council in support of
the restroom being relocated between the
Dory Fleet and the pier.
Nancy Skinner, 1724 Highland Avenue,
addressed the Council and stated she
felt $750,000 was much too high for the
proposed restroom, and that the Council
should select the least expensive
alternative.
Volume 43 - Page 73
Restroom
C -2736
(38)
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Motion
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NFebruary 27, 1989
x
X
MINUTES
Richard Lawrence, owner of the Dory Inn,
addressed the Council in opposition to
renovating the existing restroom, as he
felt it was an unsightly structure and
should be relocated.
Francis A. Ursini, 2010 W. Ocean Front,
addressed the Council in opposition to
constructing the restroom easterly of
the pier as this would place it in front
of his property. He also felt
additional. restrooms were needed
throughout the beach areas, particularly
near 28th Street.
Stephanie Houghton, 1908 W. Ocean Front,
addressed the Council in opposition to
placing the restroom easterly of the
pier, as she felt it would create more
congestion in the area and also decrease
property values. She urged support of
refurbishing and utilizing the existing
restroom.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and stated
he did not have a preference as to the
location of the restroom.
Mayor Strauss indicated he felt the
restroom should remain at its present
location and be refurbished.
Council Member Sansone pointed out that
the Specific Area Plan for McFadden
Square would have to be amended if the
Council chooses to keep the restroom at
its present site.
Following discussion, motion was made to
refurbish and landscape the existing
restroom.
Substitute motion was made to:
(a) Authorize the staff to retain
an architect to prepare plans,
specifications and estimates
for the MCFADDEN SQUARE
RESTROOM at a location
easterly of the pier near the
Lifeguard Headquarters;
WHO
(b) Authorize the City Manager to
execute an Architectural
services Agreement.
Volume 43 — Page 74
McFadden Sq
Restroom
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-% February 27, 1989
Council Member Sansone suggested an
amendment to the substitute motion, to
lower the height of the structure as
much as is feasible, and to place the
building as close to the Lifeguard
headquarters structure as is
practicable.
x I x x The amendment was agreeable with Mayor
x x Pro Tem Plummer, and the substitute
motion was voted on and carried.
J. CURRENT BUSINESS:
None.
Meeting adjourned at 9:25 p.m.
The agenda for this meeting was
posted on February 23, 1989,
at 9:00 a.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
Q �r
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ATTEST:
City Clerk
R j-
Volume 43'— Page 75
MINUTES
McFadden Sq
Restroom