The URL can be used to link to this page

Home My WebLink About04/09/1984 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING PLACE: Council C hamb ers TIME: 7:30 P.M. DATE: April 9, 1984 9 ROLL \CM MINUTES INDEX Present x x x x x x A. ROLL CALL. Absent x n. x B. The reading of the Minutes of the Meeting of March 26, 1984, was waived, yes 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. Mayor Pro Tem Maurer opened the public Vacation/ hearing concerning the City's intention Portion to vacate a portion of La Jolla Drive LaJolla Dr. (northerly of the intersection of Santa (90) Ana and La Jolla Drive). Report from Public Works, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 84 -28 All Ayes 84 -28 ordering the vacation of a portion of La Jolla Drive; and directing the City Clerk to record said resolution with the Orange County Recorder. E. PUBLIC COMMENTS; • 1. Ken Carpenter, 2146 Vista Dorado, Sign Ord addressed the Council and announced that he was a Republican candidate for the r' State Assembly in the 70th District. He k stated that pursuant to the City's Sign Ordinance;, campaign posters are prohibited on public property and utility poles, except as may be allowed by City Council approval. He requested permission to post campaign signs within the City; said signs to be removed by Friday, June 8. Discussion ensued, wherein it was indicated that the granting of such a request could set a precedent for other candidates, and therefore, no action was taken. Motion x F. CONSENT CALENDAR: A11 Ayes The following actions were taken as indicated, except for those items removed: • Volume 38 - Page 104 • • • COUNCIL MEMBERS CITY OF NEWPORT BEACH MINUTES April 9, 1984 Property the City Manager to accept a Grant INDEX Deed conveying fee interest in real Res 84 -29 property (Grantor Margaret McKinley 1. ORDINANCES FOR INTRODUCTION: Oser, Trustee of the Margaret E. Pass to second reading and adoption on Clerk to record said Grant Deed April 23, 1984 - with the Orange County Recorder. (a) Proposed ORDINANCE NO. 84 -12, Ord 84 -12 being, Finance/ Recreational AN ORDINANCE OF THE CITY OF Veh Campst NEWPORT BEACH AMENDING THE Tax PROVISIONS OF CHAPTER 3.16 OF (40) THE NEWPORT BEACH MUNICIPAL CODE REGARDING COLLECTION OF TRANSIENT OCCUPANCY TAX FOR SPACE OR CAMPSITES OCCUPIED BY RECREATIONAL VEHICLES IN PRIVATE CAMPGROUNDS OR STATE PARKS. (Report from City Attorney) Schedule for public hearing on April 23, 1984 - (b) Proposed ORDINANCE NO. 84 -13, Ord 84 -13 being„ Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING PLANNED COMMUNITY DEVELOPMENT STANDARDS FOR PROPERTY LOCATED AT THE NORTHEASTERLY CORNER OF BAST COAST HIGHWAY AND JAMBOREE ROAD (PLANNING PCA 605 COMMISSION AMENDMENT NO. 605). (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -29 authorizing Property the City Manager to accept a Grant Acq /Oyer Deed conveying fee interest in real Res 84 -29 property (Grantor Margaret McKinley (73) Oser, Trustee of the Margaret E. Oser Trust); and directing the City Clerk to record said Grant Deed with the Orange County Recorder. (Report from Assistant City Attorney) (b) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Authorize Mayor and City Clerk to execute Agreement to permit the Building Department to collect sewer connection charges for Orange County Sanitation District No. 7. (Report from Building Department) Volume 38 - Page 105 um -sanit Dat(/7 / Swr Fee Clctn C -2439 (38) . CITY OF NEWPORT BEACH COUNCIL MEMBERS \tAlq Amp y�^9 ++iii GiP� April 9, 1984 rani MINUTES g., nr v (b) Approve Public Liability Insurance Insurance/ Polic;r renewal for 1984 -85 Pblc Liab (Canadian Indemnity Insurance Cvrg '84 -85 • Company and Protective National C -2257 Insurance Company, Contract No. (38) 2257).. (Report from City Manager) b(c) Award Contract No. 2410 to George Swr Mn Rplcm DakoviLch & Son, Inc., for $221,770 Prgrm for Sewer Main Replacement Program; C -2410 and authorize the Mayor and City (38) Clerk to execute said contract. (Report from Public Works) (d) Authorize the Mayor and City Clerk 0 /C- CopAgm/ to execute Orange County Campus Dr Cooperative Agreement No. D84 -052 Rsrfcg (CNB Contract No. 2426 -A) regarding C- 2426(A) Campus Drive Resurfacing from (38) Bristol Street North to MacArthur Boulevard, Contract No. 2426. (Report from Public Works) (e) Authorize the Mayor and City Clerk UprNptBay to execute Implementation Sdmt /Implm Agreement - -Upper Newport Bay Agm Sediment Control Facilities. C -2203 (Report from Public Works) (38) 4. COMMUNICATIONS - For referral as indicated: (a) To Executive Assistant to the City CATV /Grp W • Manager for inclusion in the (42) records, copy of letter to Group W Cable from Robert C. Todd regarding Gservice, with Group W reply, dated April 4, 1984. (b) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48) urging support for AB 3707 (establishing a 5 -year marine conservation zone) from Ventura County Board of Supervisor John K. Flynn., (c) To Personnel Department for Personnel inclusion in the records, (66) solicitation from Professional Effectiveness Development, offering comparable worth consultation service to determine if pay gaps exist between males and females in the City. (d) To the Pending Legislation and Legislation Procedural Ethics Committee, Loma (48) Linda Resolution No. 902 urging support for a cooperative effort pertaining to Southern California's • water supply and demand. Volume 38 - Page 106 c; MEMBERS • • CITY OF NEWPORT BEACH MINUTES April 9, 1984 (e) To City Clerk for inclusion in the records, Southern California Gas Company certified franchise statement for calendar year 1983. (f) To Public Works- Engineering for response, copy of letter from Bernard L. Samson, President of Big Canyon Community Association, regarding controlled traffic exiting from Site 10 to Big Canyon Drive. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Notice of Newport Mesa Unified School District's intention to lease the facilities at Eastbluff Elementary School and Lincoln Intermediate School, which will be closed as operating schools at the end of the current 1983 -84 school year (June 15, 1984). Note: Staff to report back to Council regarding above notice. (b) Orange County League of California Cities tentative agenda for April 12, 1984. (c) California State Board of Equalization notice regarding approved revisions of map specifications and fee schedule for redevelopment projects, effective July 1, 1984. 6. CLAIMS FOIL DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Wendy P. Ballard for property damage to her car as a result of traffic accident at intersection of Newport Center and Santa Barbara Drives, on the evening of February 23, 1984, allegedly due to poor visibility of stop sign due to brightness of Newport Marriott sign behind stop sign. (b) Valarie Jean Bouchey for personal injuries as a passenger involved in a traffic accident allegedly due to restriction of visibility at intersection; poor highway design and improper traffic controls, at Balboa Boulevard and 20th Street on December 20, 1983. Volume 38 - Page 107 (42) Trfk Cntrl/ Big Canyon (85) (36) Ballard Bouchey C is COUNCIL MEMBERS CITY OF NEWPORT BEACH April 9, 1984 MINUTES (c) Don L. Cortona alleging personal Gorton injuries by police officers during arrest at Baxter's Restaurant parking lot on March 6, 1984. (d) Kathleen Giraud for personal Giraud injuries and property damage, as a result of traffic accident on State Route 73 on January 7, 1984, alleging negligence on the part of the City regarding design of road. (e) Stephen Giraud for personal Giraud injuries and property damage, as a result of traffic accident on State Route: 73 on January 7, 1984, alleging negligence on the part of the City regarding design of road. (f) Barbara S. Martin seeking Martin reimbursement of charge on tax bill for weed abatement work at 511 Riverside Avenue in June, 1983, allegedly not authorized. (g) State: Farm Insurance for Clayton StFarmIns/ Durr for property damage as a Durr result of accident with City refuse truer: at King Place on February 28, 1984. (h) Megan Sterling for personal Sterling injuries sustained as a passenger involved in traffic accident on Balboa Boulevard and 20th Street, on December 20, 1983, allegedly due to restriction of visibility at intersection; poor highway design and improper traffic controls. (i) Kathryn Vickery for personal Vickery injuries sustained in traffic accident on State Route 73, on January 7, 1984, alleging negligence on the part of the City with respect to design of road. (j) Larry Edward Vickery for personal Vickery Injuries sustained in traffic accident on State Route 73, on January 7, 1984, alleging negligence on the part of the City with respect to design of road. (k) Dolores Virtue for property damage Virtue to inside of home at 5 Harbor Island on February 23, 1984, allegedly due to buildup of water pressure in pipes which was caused by.Ci.ty installation of new water lines. i Volume 38 - Page 108 COUNCIL MEMBERS 0 • 0 CITY OF NEWPORT BEACH MINUTES April 9, 1984 (1) Gilbert Leavitt Woodward II alleging personal injuries, loss of. employment, etc., as a result of arrest by Newport Beach Police Department on March 18, 1984. (m) Application to Present Late Claim of John Thomas Morris alleging false: arrest on October 3, 1983; seeking reimbursement for time spent: in jail, etc. For rejection: III (n) Late Claim of Alvin Lopez alleging Lopez Police Department acted without warrant or probable cause, and he was detained forcibly for a period of approximately two hours on December 14, 1983. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Dean MacCabe for Cross - Complaint for Equitable Indemnity and Declaratory Relief, Orange County Superior Court, Case No. 396378. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Utilities Construction Foreman, Utilities Department. (b) One Associate Planner, Current Planning Division. (c) One Purchasing Clerk II, Purchasing Division. (d) One Maintenance Man I- Concrete, Field Maintenance Division. 9. STAFF AND COMMISSION REPORTS: (a) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - For April 23, 1984: (a) GENERAL PLAN AMENDMENT 83 -2(c) Portion - Consideration of amendments to the Land Use and Residential Growth Elements of the Newport Beach General Plan, redesignating the site on the northeasterly corner of East Coast Highway and Jamboree Road from "Low - Density Residential" to Volume 38 - Page 109 (36) (66) GPA 83 -2(c) (45) COUNCIL MEMBERS CITY OF NEWPORT BEACH April 9, 1984 MINUTES TMpTr 11937 PeA 605/ TrfkStdy/ RsdntlCDev Prmt #9 PCA 597 NptPlTrfk Phsg Pln/ Amnd #6 Permit/ Drvwy (65) Resub 735 "Recreational and Marine Commercial," initiated by the City of Newport Beach, for the purpose of consistency with the Certified • Land Use Plan of the Newport Beach Local Coastal Program; and the adoption of an Environmental Document; AND TENTATIVE MAP OF TRACT NO. 11937 - A request to subdivide 11.2 acres of land into a single lot for residential condominium purposes so as to allow the construction of a 154 unit residential development. (This project includes PLANNING COMMISSION AMENDMENT NO. 605, AND ALSO A TRAFFIC STUDY AND RESIDENTIAL COASTAL DEVELOPMENT PERMIT. NO. 9, which have been called up for City Council review and public hearing on April 23, 1984.) (Report from Planning Department) (b) PLANNING COMMISSION AMENDMENT NO. 597 - A request of QUAIL STREET PARTNERS, Newport Beach, to amend the previously- approved Newport Place Planned Community District Regulations so as to allow the • expansion of an existing office building located in "Professional ` and Business Office Sites 1 and 2" and the acceptance of an Environmental Document. (This project also includes the NEWPORT PLACE TRAFFIC PHASING PLAN AMENDMENT NO. 6, which has been called up for City Council review and public hearing on April 23, 1984.) (Report from Planning Department) 11. NONSTANDARD IMPROVEMENT AGREEMENT FOR A DRIVEWAY AT 801 CLIFF DRIVE - Authorize the execution of a nonstandard improvement agreement for the construction of a brick driveway in the public right -of -way. (Report from Public Works) 12. RESUBDIVISION NO. 735 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 735; authorize the Mayor and City Clerk to execute said agreement; and accept the • Volume 38 - Page 110 TMpTr 11937 PeA 605/ TrfkStdy/ RsdntlCDev Prmt #9 PCA 597 NptPlTrfk Phsg Pln/ Amnd #6 Permit/ Drvwy (65) Resub 735 MEMBERS u 0 :7 CITY OF NEWPORT BEACH MINUTES April 9, 1984 offer of dedication of an easement for public emergency and security, ingress, egress and public utility purposes over Parcel 4. (Report from Public Works) 13. LIDO ISLE BRIDGE REHABILITATION CONTRACT JLido Ia.Brdg NO. 2345 - Confirm Public Works Rehab Department approval of additional work; C -2345 and approve. Budget Amendment 066 (38) transferring funds for the additional work. (Report from Public Works) 14. LITTLE BALBOA ISLAND BRIDGE REHABILITATION CONTRACT NO. 2209 - Confirm Public Works Department approval of additionLal work; and approve Budget Amendment 065 transferring funds for the additional work. (See report with Agenda Item F -13, above) 15. HARBOR PERMIT APPLICATION #221 -2806 BY GILLIS AND DERBY, MARINE CONTRACTORS TO REVISE COMMERCIAL. DOCKS BAYWARD OF 2806 and 2804 LAFAYETTE - Approve application subject to the recommendations in the staff report. (Report from Marine Department) 16. NEWPORT OUTRIGGER CANOE CLUB - Approve request, subject to the conditions of approval in the staff report, to store and launch outrigger canoes on the public bay beach near the street -end at 18th and Bay. (Report from Marine Department) 17. Removed from the Consent Calendar. 18. BUDGET AMENDMENTS - For approval: BA -064, $5,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations, additional funds needed for the proposed City Hall /Lobby refurbishment; Nondepartmental- Special Departmental Expense Fund. BA -065, $16,000 - Transfer in Budget Appropriations to provide for extra work authorized on Little Balboa Island Bridge Rehabilitation, Contract No. 2209. BA -066, $24,000 - Transfer in Budget Appropriations to provide for extra work authorized on Lido Isle Bridge Rehabilitation. Volume 38 - Page 111 tle Bal Brdg Rehb (38) 11 1(51) 1(25) Perm -2806 Clb CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CAL 9�9 9 Gss April 9, 1984 MINUTES INDEX BA -067, $6,000 - Decrease in Marine Dpt/ Unappropriated Surplus and Increase in JrLfguard Budget Appropriations to provide for (51) • start -up of Junior Lifeguard Program prior to June 1, 1984; Marine Department Fund. (Memorandum from Marine Department) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report from Public Works authorizing SJoaquin the Mayor to transmit a letter to the H1sTrspCrdr County of Orange regarding the SAN (74) JOAQUIN HILLS TRANSPORTATION CORRIDOR ENVIRONMENTAL DOCUMENT, was presented. Motion x Motion was made to revise subject letter All Ayes to reflect the City's position with respect to specifics concerning the design construction phasing. In addition, copy of Resolution No. 9627, expressing to the Board of Supervisors City comments on the Phase I route location study and EIR for the San Joaquin Hills Transportation Corridor, is to be included with said letter. 2. A report from Tidelands Affairs Harbor Perm Committee recommending approval of Apl#109 -1601 HARBOR PERMIT 0109 -1601 (WILLIAM ALLEN), (51) was presented. Chuck Avery, 3336 Via Lido, addressed the Council regarding the subject encroachment, which he stated is at a maximum of 9'k" where it starts at the end of the City sidewalk, and lessens as it extends bayward and approaches the mean tide line. Mr. Avery submitted a photograph of the site depicting the encroachment and requested that an engineering survey be made prior to any Council action. He stated that City regulations have been violated; that the Council is expected to and must protect the City and its property from all types of hazards; and therefore, all necessary steps should be taken to have this encroachment removed. Mayor Pro Tem Maurer, Chairman of the Tidelands Affairs Committee, advised that the Committee had viewed the site, and explained why they were in support of the recommendation to approve the permit. He stated that they tried to be "fair" in what they were considering. They were also aware that the City Council has the authority to grant an • Volume. 38 - Page 112 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL RDLL A April 9, 1984 MINUTES INDEX encroachment. The Committee realized Harbor Perm that an error was made by the Apl#109 -1601 contractor, but the expense to rectify the error would be great. They also were aware that the bulkhead gives benefit to the City with respect to sand erosion. Mayor Pro Tem Maurer further noted that the recommendation before the Council, as submitted by the Tidelands Affairs Committee, was to: "Direct staff to amend Harbor Permit 109 -1601 to show the encroaching portion of the wood return wall and condition the permit so that when this new groin wall deteriorates and is rebuilt, that it be relocated on the property line. Require that the pier leading to the float be positioned with a five foot setback in accordance with the Harbor Permit Policies, if and when the pier structure is replaced in the future." Mr. Avery spoke in rebuttal, commenting that he felt the contractor should have paid attention to the property lines, and that the City Council should enforce and uphold its own regulations. Aln x Following discussion, motion was made to Ayes x x x x approve the recommendation of the Noes x x Tidelands Affairs Committee, as set forth in the foregoing. 3. Proposed resolution establishing "No Parking Parking" Restrictions on streets on strctn/ Balboa Peninsula Point on certain days Pnsla Pt to improve street sweeping StrSwpg effectiveness, with a report from the (63) Traffic Affairs Committee, was presented. The City Manager pointed out that a review of the subject area indicates approximately 300 signs may be required to implement this restriction. The cost for materials and installation is estimated at $7,500. It was further noted by the City Manager that when this request was made known to him, he requested a more definitive cost figure from the Police Department as to what would be required in terms of manpower and equipment to enforce the restrictions. Their response was that if the street sweeping occurs on Monday or Tuesday, they will need a Volume 38 - Page 113 CITY OF NEWPORT BEACH COUNCIL MEMS p G' F s� 9 9 G V%p April 9, 1984 p tm R11 l MINUTES. Milli: Y one - half -time parking control officer, Parking and an additional vehicle with a two -way Rstrctn/ radio, which is estimated at a total of Psnla Pt $19,700. However, if the street StrSwpg sweeping were to occur on a Thursday or Friday, they believe the department could handle the enforcement with no additional personnel, inasmuch as those days are the days in which street sweeping enforcement is least in effect. In view of the extra costs, the City Manager recommended this item be referred back to staff to determine if this area could be accommodated on a Thursday or Friday, with a report back to the City Council on April 23, 1984. Motion x Motion was made to refer the subject All Ayes request to the City Manager for analysis and report back on April 23, 1984. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to schedule a public KollCtr /Npt All Ayes hearing on May 14, 1984, for Amendment Amnd#4 & No. 4 to the Traffic Phasing Plan for Trfk PhsgPlr Koll Center Newport. Meeting adjourn 8:10 .m. lhw� Mayor P 01 Tem ATTEST: n City Clerk Volume 38 - Page 114