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HomeMy WebLinkAbout11/23/1992 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES REGULAR COUNCIL MEETING �j� �Of PLACE: Council Chambers s DATE: Novvember 23, 1992 ROLL CRLL INDEX Present x x x x x x x ROLL CALL Motion x Reading of Minutes of Regular Meeting of All Ayes November 9, 1992, was waived, approved as written and ordered filed. M x Reading in full of all ordinances and resolutions under consideration was waived, Al yes and City Clerk was directed to read by titles only. PUBLIC HEARING 1. Mayor Turner opened the public hearing Undergr regarding UNDERGROUNDING UTILITIES IN Utilities / BLOCS 5, EAST NEWPORT - Bounded by W. Assessment Bay Ave., 7th St., Balboa Blvd., and 8th Dist 66 St. (Proposed Assessment District No. 66) (89) Report from Public Works Department. The City Clerk advised that after the agenda was printed, a letter was received from the Newport Harbor Yacht Club requesting continuance of the public hearing.. Ben Nolan., Public Works Director, in summary, offered that this hearing concerns the establishment of an assessment district to underground utilities along West Bay Avenue, 7th Street to 8th Street on the Balboa • Peninsula. The Newport Harbor Yacht Club, which is the majority property owner and principal proponent of the District, has requested that the hearing be continued to the next Council meeting on December 14. The reason for this request is to permit time for the Club to hold its Annual Meeting next week, and to ascertain the availability of the Club to finance its share of the costs. Therefore, the Public Works Director recommended that the public hearing be opened for public testimony, if any, at this time. Council Member Sansone inquired as to whether the Yacht Club had requested that the assessment district be expanded, to which, the Public Works Director replied in the affirmative, adding that the subject of expanding the district to the east has been broached as the property owners to the east who are interested in doing that, and City staff intend to meet with the Club Representatives to discuss that option. In response to whether this would require expenditure of more funds for new engineering surveys, etc., the Public Works Director stated that he was very pessimistic about the benefits of • expanding; the district at this late date. Burleigh Brewer, 1101 Dove Street, Rear Commodore of the Newport Harbor Yacht Club, addressed the Council regarding the continuance to December 14 to allow the Club time to work out their own Internal financial arrangements for funding the district. Volume 46 - Page 380 COUNCIL MEMBERS ROLL CALL s Motion x All Ayes • • Motion All Ayes • X CITY OF NEWPORT BEACH November 23, 1992 Motion was made to continue the public hearing to December 14, 1992. PUBLIC COMMENTS Tom Holtom, 1854 Port Renwick Place, addressed the Council, stating that he is a 20 -pear resident, but that he is appalled at the awarding of $3.1 Million to a bicycle rider in the Back Bay, and disgusted by this action. He emphatically stated that the City should shut down all bicycle traffic in the Back Bay, and ban skateboards and rollerblades on the Boardwalk, and urged that the new Council take whatever action necessary. Council advised Mr. Holtom that the accident did occur, and the man was severely injured. The City has gone through a very detailed process consulting with the City's attorneys, and were advised to make a settlement because it was the most prudent action to take at the time. The decision was not unanimous, but the majority ruled in this instance. One of the reasons of banning the skateboards is to prevent future lawsuits, and the Council agrees that they will have to take a very hard look at anything with wheels in the City of Newport Beach, and may be forced to ban bicycles and rollerblades on the Boardwalk, and when the Council schedules this subject on the agenda, they hope that people such as Mr. Holtom will come forward and be vocal about the issue. The City Manager advised that the courts and the laws permit these kinds of judgements. He added that the City looked at its potential exposure based on other cases decided in Orange County and other Counties, and based on the statutes on the books, the decision that the Council made was in the best interest of the City. Over the last few years the City Managers Organization and the League of California Cities have tried to change the laws to protect cities from these types of lawsuits, and have been unsuccessful. He urged Mr. Holtom to join with the City to have Sacramento change the laws. CONSENT CALENDAR The following items were approved except for those items removed. ORDINANCES FOR INTRODUCTION Pass to second reading on December 14, 1992: 2. Proposed ORDINANCE NO. 92 -51, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.66.083 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO BAYVIEff CIRCLE. [Report from Traffic Affairs Committee] Volume 46 - Page 381 MINUTES INDEX Bicycle Accidents Ord 92 -51 Veh Code/ Trfc (85) COUNCIL MEMBERS ROLL CRLL • • 0 CITY OF NEWPORT BEACH MINUTES November 23, 1992 3. Proposed ORDINANCE NO. 92 -52, being, Ord 92 -52 Jamb Rd Trfc /Veh AN ORDINANCE OF THE CITY COUNCIL Gross Wght OF THE CITY OF NEWPORT BEACH (85) AMENDING SECTION 12.32.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO C -2901 ADD THE STREETS OF NEWPORT HEIGHTS BRISTOL STREET. [Report from the Public TO THOSE STREETS WHERE VEHICLES KKCEEDING 6000 POUNDS CROSS WRIGHT (38) MAY NOT BE OPERATED. [Report from TO APPROVE/FILL PERSONNEL VACANCIES Public Works Department /Traffic 10. Engineering] 4. Removed from the Consent Calendar. One Librarian I, Library Services Schedule for Public Hearing on December 14, 1992: 5. Proposed ORDINANCE NO. 92 -54, being, Ord 92 -54 Water AN ORDINANCE OF THE CITY COUNCIL (89) OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.17 OF THE COUNCIL POLICY 0-3, PRESS RELATIONS. NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE INSTALLATION OF (69) WATE31 EFFICIENT LANDSCAPES. For Council information and filing - [Report from the Planning Department] RESOLUTIONS FOR ADOPTION 6. Removed from the Consent Calendar. 7. Resolution No. 92 -134 sunsetting certain Council Council Ad Hoc Committees, and Ad Hoc confirming review of Boards, Commissions Committees and Committees Manual. [Report from the Res 92 -134 City Manager] (24) CONTRACTS /AGREE!DiFTS 8. Award Contract No. 2910 to Kennedy Bal B1 Reh' Pipeline Company for the Total Bid Price 23rd -32nd of $496,153.00 for BALBOA BOULEVARD plat /S RERABILITAT u ION FROM 23RD STREET TO 32ND p STREET, PLACENTIA AVENUE AND SUPERIOR C -2910 AVENUE REHABILITATION. [Report from the (38) Public Works Department] 9. Award Contract No. 2901 to Boral Jamb Rd Resources, Inc., for the Total Bid Price Rehb /Frd R of $849,564.00 for JAMBOREE ROAD SoBristol REHABILITATION FROM FORD ROAD TO SOUTH C -2901 BRISTOL STREET. [Report from the Public Works Department] (38) REQUEST TO APPROVE/FILL PERSONNEL VACANCIES 10. Memorandum from Personnel Director: One Librarian I, Library Services Department. STAFF AND COMMISSION REPORTS For Council information and approval - 11. Removed from the Consent Calendar. 12. COUNCIL POLICY 0-3, PRESS RELATIONS. Cncl Polic (69) For Council information and filing - Volume 46 - Page 382 COUNCIL MEMBERS ���s`�,�'r Hof �f ROLL CRLL • • • CITY OF NEUORT BEACH MINUTES November 23, 1992 13. Report from the Planning Department to the City Manager regarding the ACTIONS TAKEN BY THE PLANNING COMMISSION AT ITS MEETING ON NOVEMBER 5, 1992. 14. COAST HIGHWAY MEDIAN LANDSCAPING IN CORONA DEL MAR (CONTRACT NO. 2924) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. December 22, 1992. [Report from the Public Works Department] 15. RESUBDIVISION NO. 925 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 925 located at 520 Narcissus Avenue, on the southeasterly corner of Third Avenue and Narcissus Avenue, in Corona del Mar; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 3SM 758 735 00); and authorize the City Clerk to release the Labor and Materials Bond (Bond No. 3SM 758 735 00) in six months provided no claims have been filed. [Report from the Public Works Department] 16. ACCEPTANCE OF BALBOA PENINSULA AND BAL.BOA ISLAND ALLEY REPLACEMENT PROGRAMS, COLLINS AVENUE STORM DRAIN, 33RD AND 34TH STREETS STORM DRAIN REPLACEMENT (CONTRACT NO. 2866) - Accept the work; authorize the City Clerk to file a Notice of Completion; and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 17. HARBOR PERMIT APPLICATION NO. 105 -2121 BY Bill Frizz - Uphold staff's recommendation to approve, (subject to conditions in the staff report) a new pier and float bayward of 2121 Bayside Drive. [Report from the Marine Department] 18. Removed from the Consent Calendar. 19. BUDGET AMENDMENT RA -011, $143,830 - Increase in Revenue Estimates, Budget Appropriations, and Transfer in Budget Appropriations to transfer $830,000 from Gas Tax 2107 and the AHFP Fund to the OCCTFP Fund for JAMBOREE ROAD REHABILITATION and to increase estimated revenues and appropriations $143,830 for additional unanticipated Federal participation. Volume 46 - Page 383 COUNCIL MEMBERS 0 Motion All Ayes • Motion All Ayes • X CITY OF NEWPORT BEACH MINUTES November 23, 1992 ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. Recycled report of November 9, 1992 from YB &x /uurte Parks, Beaches and Recreation Director Pblc Prk and report dated November 23, 1992 from Facilities the City Attorney regarding: (62) Introduction of Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 11. 04, CONDUCT IN CITY PARKS, OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A CURFEW IN PUBLIC PARK FACILITIES BETWEEN 11:00 P.M. AND 6:00 A.M. Council Member Hedges made a motion to Ord 92 -53 add the following to proposed ORDINANCE NO. 92 -53; at the end of the third paragraph . "parks may remain open at the discretion of the Parks Beaches & Recreation. Director." Council Member Jan Debay requested discussion on the issue of the West Newport restrooms being closed at 11:00 p.m., wherein the City Manager advised that the restrooms in West Newport continue to remain open as a result of the budget actions on September 14. He added that the hours for the individual who had been locking the two restrooms were reduced, and the restrooms were left open. He stated that he had been corresponding with the residents in that area who expressed concern, but that they would like to continue to leave the restrooms open, and if a problem presents itself, a change in the closing hours can be made. 11. Memorandum from the Public Works Cncl Polic Department /Traffic Engineering L -18 recommending adoption of COUNCIL POLICY (69) L -18, ENCROACHMENTS ON PUBLIC SIDEWALKS. Council Member Hedges made a motion to refer back to staff proposed COUNCIL POLICY L -18, ENCROACHMENTS ON PUBLIC SIDEWALKS, for modification. 6. Report from Public Works /Traffic Parking/ Engineering regarding proposed Trfc resolution requiring eastbound traffic Westminste on 15th Street to stop at Westminster Av /Redlnde Avenue and at Redlands Avenue. (85) Council Member Debay stated she received a phone call from a resident inquiring that when you do traffic control on one street, what happens to the neighboring street, such as Clay Street in this instance? Volume 46 - Page 384 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL S November 23, 19112 TNTIFY Ben Nolan, Public Works Director, advised that the Committee representing the interests of property owners, City staff and Council representatives have been studying Newport Heights residential traffic problems in general. • He stated that the concern of imposition of traffic controls on one street affecting traffic elsewhere on other streets, is one that the City recognizes, and this study is taking this into consideration. He added that the installation of the stop signs on 15th Street was felt to be an action that was needed in the short term that would not unduly impact the other streets in the area; however, rather detailed traffic counts have been taken, and additional counts will be taken. Motion x Notion was made to adopt Resolution No. Res 92 -133 All Ayes 92 -133 regarding TRAFFIC STOP ON 15TH STREET. 18. Report from the Marine Department Harbor Peri recommending HARBOR PERMIT APPLICATION Apl#105- NO. 105 -2211 BY C. L. Burnett be 2211/Bur- approved, subject to conditions in the nett (51) staff report, to revise the existing pier and float bayward of 2211 Bayside Drive. The City Clerk advised that after the agenda was printed, communication was • received from the applicant, C. L. Burnett to defer action on the foregoiT g request. Motion x Notion was made to defer action to All Ayes December 1.4, 1992 Council meeting. CONTINUED BUSINESS 20. BICYCLE TRAILS CITIZENS ADVISORY BT /CAC COMMITTEE. Motion x Notion was made to defer (District 5) All Ayes Council Member Watt's appointment to December 14, 1992, to fill the unexpired term of Rob Patterson, ending December 31, 1992. 21. Memorandum. from the City Clerk regarding Old Npt B1 OLD NEWPORT BOULEVARD SPECIFIC AREA SAP Ad Hoc Pte. Cmte (24) Motion x Notion was; made to confirm appointment of Brion Jeannette, Property owner /resident, adjacent to Old Newport Boulevard, to the subject committee. Discussion ensued regarding the subject appointment, and Jerry Tucker, 466 Flower Street, Costa Mesa, owner of property at 508 Old Newport Boulevard, • addressed the Council advising that this was discussed with Council Member Hart. He stated that Brion Jeannette is a member of the committee, but serves as an alternate, and has become very active in their property owners association. He would like to have Mr. Jeannette as a full member because he has a lot to add to the committee, since he has Volume 46 - Page 385 COUNCIL MEMBERS ROLL CRLL s • CITY OF NEWPORT BEACH Ayes Noes Ix Ix Ix Ix Ix Ix Ix • Motion All Ayes Motion All Ayes Motion All Ayes X X X MINUTES November 23, 19102 served on other specific plan area ad hoc committees, and is an architect and has very good experience in the area of planning and specific area requirements. Council Member Sansone stated that the intent of adding that one person was to be sure that a resident living adjacent to the area, and who will be overlooking the area will have some input to the business owners, and the businessmen. He stated that the recommendation Mr. Tucker came forward with did not take into consideration the people across the street who were going to be looking at the area. Following further discussion, the motion was voted on and carried. 22. Memorandum from the Parks, Beaches and IPB &R Recreation Director, recommending (62) waiving fees as requested by SOUTH ORANGE COUNTY YWCA. The City Manager advised that this request for December 12 - 18 is a program to raise funds for the South Orange County YWCA homeless womens and childrens program. Under the current Council policy, the use of this facility by the YWCA would cost them over $3,000, and the Parks, Beaches b Recreation Director is recommending that the City waive the fees and permit the use of.the theatre complex for this worthy cause. Notion was made to waive the fees. Council Member Hedges asked if approval of this request would set a precedent, and he was informed that it would not. Council Member Hart stated that the Theatre Arts is a little bit independent because they are responsible back to the City as they are self- supporting, except for the grants that the City approves. From the approximate $2,800 savings, they still must pay some hard costs from this amount ($1,000 for lights, etc.). The motion was voted on and carried. 23. CITY COUNCIL APPOINTMENTS COMMITTEE Cncl Aptmts Cmte As the Mayor is automatically a member, motion was made to confirm the appointment of Mayor Pro Tem Watt and Council Member Cox to the subject committee. 24. Letter of resignation from Planning Planning Commissioner Jan Debay, who was elected Cmsn (24) to the Council at the November 3, 1992 Municipal Election. Notion was made to accept letter of resignation from former Planning Commissioner Jan Debay, and direct City Clerk to order permaplaqued Certificate of Appreciation. Volume 46 - Page 386 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CflLL S November 23, 1992 INEEX 25. Report from the Fire Chief regarding Balboa Is Schematic Design Phase of the BALBOA Fire Sta ISLAND FIRE STATION PROJECT. C -2862B The City Manager advised that tonight's (38) • agenda item is an additional "housekeeping" item before proceeding on to the final phase of the design of the facility, and authorize the architect to proceed to the next phase. Council Member Debay questioned the two time slots given, i.e., the Staff report says 60 days with an additional 30 days; whereas on the back page talks about 45 days- -which applies? The City Manager commented that basically the agreement signed by Mr. Robinson would be the controlling factor, so if approved tonight, this would mean 45 days from the execution of the authorization. Motion x Motion was made to accept the All Ayes preliminary structural and site utilization plans developed for the construction of the new fire station with public restroom facilities on Balboa Island; and authorize the City Manager to sign a work authorization instructing the Architect to proceed with the design Development Phase of the project. • SUPPLEMENTAL AGENDA ITEM 26. Report from the Revenue Manager Special regarding SPECIAL EVENTS PERMIT Events APPLICATION NO. 92 -447 request by Corona Apl#92 -42 del Mar Chamber of Commerce for (27) amplified sound from 11:00 a.m. - 4:00 p.m., on December 6, 1992 for their ANNUAL CHRISTMAS WALE TOYS FOR TOTS to be located at Corona del Mar/MacArthur- Poppy /Studio Cafe. The City Manager advised that this item was added as a decision was needed by December 6. Motion x Notion was made to uphold staffFs All Ayes recommendation to approve the request, subject to the conditions listed in the staff report. Meeting adjourned at 7:38 p.m., to closed session to discuss pending litigation and personnel matters. The meeting adjourned at 9:15 p.m. with no action taken. • Volume 46 - Page 387 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES � ROLL CRLL S \ November 23, 1992 INDEX • * *� *s•�rms• * * * *,� The agenda for the November 23 meeting was posted on November 19, 1992 at 8:15 a.m., and supplemental agenda vas posted on November 20, 1992 at 4:50 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: /%' i - AFL: // City Clerk Volume 46 - Page 388