HomeMy WebLinkAbout03/10/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
J� REGULAR COUNCIL M
EETING
PLACE: Council Chamber
s
TIME: 7:30 P.M. co 9G
cp
ROLL 9 i
F9 DATE: March 10, 1986
MINUTES
Present
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A. ROLL CALL.
on
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B. The reading of the Minutes of the
Ayes
Meeting of February 24, 1986 was waived,
Sion
approved as written, and ordered filed.
x
C. Reading in full of all ordinances and
All Ayes
resolutions under consideration was —
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the public hearing Business
regarding appeal from action of the City Lic /Verdult
Manager denying application permit by Appeal
ALAN VERDULT FOR SECONDHAND PERMIT. (27)
Report from the City Attorney
recommending continuance of the public
hearing on the appeal, was presented.
Motion
x
Motion was made to continue the public
All Ayes
hearing to April 14, 1986.
2. Mayor Maurer opened the public hearing U/P 3181
and City Council review of an appeal by (88)
TADASHI SHIMADA, Torrance, from the
denial by the Planning Commission on
January 23, 1986, of USE PERMIT NO.
3181, a request to establish a
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restaurant with on -sale alcoholic
beverages on property located at 3422
Via Lido, on the northerly side of Via
Lido, between Central Avenue and Via
Oporto, adjacent to Lido Marina Village;
zoned C -1. The proposal also includes a
request to allow all of the required
parking spaces for the subject
restaurant to be provided within the
off -site Lido Marina Village parking
structure.
Report from the Planning Department, was
presented.
Appeal application from applicant, was
presented.
The City Clerk advised that after the
agenda was printed, a packet of
information was received from Sandy
Willford, owner of the subject property,
relative to the subject appeal.
.
In addition, a "Summary of Parking
Requirements for Lido Marina Village,"
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which was prepared in response to the
above communication from Mr. Willford by
the Planning Department, was also
distributed.
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COUNCIL MEMBERS
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March 10, 1986
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Staff by owner Willford and
U/P 3181
attached to the original
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Application. Staff submitted a
copy to the Commission).
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"The Parking Agreement guaranteed
the Lido Shops with two types of
long -term parking spaces:
"Paragraph V. B: 'Upon
completion of the parking
structure LIDO, at no cost of
any kind, shall be entitled to
the use of twenty -four (24)
permanent parking spaces
located on the top floor of
the parking structure until
December 31, 2008.'
"Paragraph V. C: 'In addition
to the twenty -four (24)
permanent parking spaces, LIDO
shall have the right to
validation parking for a
minimum of two hundred (200)
parking spaces located
throughout the structure.'
"The Lido Shop owners have been
given their 24 free parking spaces
in proportion that their land area
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relates to the total. Owner
Willford owns 7,500 square feet, or
slightly over one - third. Lido
Marina Village, and its predecessor
Koll, have given Willford, and his
predecessors, 8 or one -third of the fre
parking passes. In addition, according
to the contract, Koll and Lido Marina
Village have honored the minimum 200
validation parking spaces rights
contracted for by the Lido Shop owners.
"The Parking Agreement also gave
the Lido Shops the right of first
refusal to buy the parking
structure. However, by agreement
with the Lido Marina Village, the
Lido Shops transferred that right
to the Lido Marina Village on 25
January 1978. The Lido Marina
Village acquired title to the
structure subject to all the other
terms of the Parking Agreement.
.
The parties have honored the
Agreement ever since.
Volume 40 - Page 75
CITY OF NEWPORT BEACH
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In conclusion, Mr. Willford commented U/P 3181
that he has contractual parking rights,
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undisputed by the parties to the
contract, in excess of those required by
the Municipal Code. Also, even if he
.
did not have parking rights, there is an
excess of unused parking spaces in the
structure which would allow the permit
to be approved, and allow other
existing permits to continue. He also
felt the City has a legal obligation to
honor the Lido Shop owners' parking
rights, and that no harm will be done to
others who have received use permits
from the City, as there are sufficient
spaces to accommodate all such permits.
With regard to the parking agreement
referred to by Mr. Willford, the City
Attorney commented he felt Mr. Willford
was correct to a certain extent in that
the staff has indicated the City, in
past decisions, has allocated parking
spaces in the subject parking structure.
If Mr. Willford can demonstrate
conclusively that there is a contractual
agreement which gives him the exclusive
right to "those said spaces," the City's
prior allocation would not be terribly
important. However, there has been
evidence presented by the other property
owner that Mr. Willford is not entitled
to exclusive use of the 200 spaces
referenced in the parking agreement.
There is the consensus, and in his
opinion, that Mr. Willford is entitled
to 24 exclusive parking spaces, and has
a nonexclusive right to use the
remaining spaces. The Council's role at
this time is to determine if Mr.
Willford has satisfied the Council that
he has exclusive right to use the
desired parking spaces.
In response to some of the comments made
by the City Attorney, Mr. Willford
stated that they have not requested, nor
demanded, any "exclusive" rights, and
that they are not asking for 200
exclusive parking spaces. What they are
stating is that their contractual right
pursuant to their agreement is as
follows: "In addition to the twenty -four
(24) permanent parking spaces, LIDO
shall have the right to validation
Volume 40 - Page 76
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
(o s� \'PP v f ROLL CAL March 10, 1986
MINUTES
nnivn i
parking for a minimum of two hundred U/P 3181
(200) parking spaces located throughout
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the structure."
Mr. Willford stated that they have legal
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parking rights that should be honored
and indicated, if necessary, they will
litigate the issue.
The Planning Director commented that the
parking spaces in the parking structure
have been allocated by the operators of
the parking structure and management
people in Lido Marina Village, and
through the processing over the years of
all the various use permits, etc., by
the Planning Commission and City Council
beginning with the construction of the
parking structure some 13 years ago.
The breakdown of those parking
allocations is as shown on the report
referred to earlier, entitled "Lido
Marina Village Summary of Parking
Requirements."
The Planning Director also pointed out
that, since the construction of the
parking structure, there have been at
least two changes in the ownership of
Lido Marina Village. The staff figures
show that, given the parking demands for
the various uses in the Lido Shops, the
parking in this area is at a shortage in
terms of code parking. The fact that
the parking structure has not been used
to 100% of its capacity,,except during
times of boat shows, attests to the fact
that there is a certain resistance on
the part of some people to use the
parking structure. When the Planning
Department refers to "exclusive" use,
they are not talking about spaces that
are necessarily marked with a
designation such as "Magic Island" or
the like, but what they are talking
about is pool parking that would be
available during the times that the
various shops are open. In this
particular case, the staff does not
argue the fact that Mr. Willford has at
least a right to use 8 of the 24 spaces
that have been allocated to the Lido
Shop area, but they do feel he does not
have exclusive rights to all 24 parking
spaces because there are other stores in
.
the string of shops along Via Lido.
Volume 40 - Page 77
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COUNCIL MEMBERS
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March 10, G (O 1986 ROLL
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Council Member Strauss stated that he
U/P 3181
agreed with the Planning Director with
respect to the need for parking in the
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Lido Shopping area, and that there is
definitely not only a shortage of
parking during the time of the boat
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shows, but also year- round.
Morgan Abbott, representing Orange Coast
Developers, 3435 Via Lido, addressed the
Council and stated that they are owners
of the property where Hughes Market,
Security Pacific Bank and Lido Theatre
are located, and if the appeal is
granted, it could create additional
hardship on their parking lot, inasmuch
as there is already a shortage of
parking in the area.
Motion
x
Mayor Pro Tem Plummer referred to the
All Ayes
"Summary of Parking Requirements for the
Lido Marina Village," and indicated she
needed clarification of some of the
figures listed therein; and therefore,
made a motion to continue the public
hearing to April 14, 1986, for
additional information from the staff.
3. Mayor Maurer opened the public hearing
Upr Npt Bay,
regarding UNIT II UPPER NEWPORT BAY
Unit II/
SEDIMENT CONTROL AND RESTORATION PROJECT
Sedmnt 6
(CONTRACT NO.. 2483).
Restrtn Prj
C -2483
Report from Public Works Department, was
(38)
presented.
The Public Works Director summarized the
staff report and reviewed the elements
of the 208 sediment plan as follows:
A. Improve agricultural land
management practices.
B. Improve construction land
management practices.
C. Install and maintain
in- channel basins.
D. Install and maintain in -bay
basins.
E. Stabilize channels within
developing areas and dedicated
rights of way.
F. Install and maintain foothill
basins.
G. Monitor sediment delivery to
Newport Bay and transport
through the bay.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL .o`R ®LL Grit+ March 10, 1986
MINUTES
INDEX
It was also noted that the Unit II
Upr Npt Bay
project is the final in -bay element of
Unit II
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the plan. Previous work performed in
the bay and in the San Diego Creek
Channel consisted of the excavation of
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approximately 350,000 cu. yds. of
material from San Diego Creek, the
construction of grade control structures
to create sediment traveling basins, and
the removal of about 500,000 cu. yds. of
material from the upper end of the bay
for the same purpose. Last year the
Unit I in -bay project was completed and
consisted of the removal of
approximately 900,000 cu. yds. of
sediment from the bay. The Unit II
project, now under consideration,
consists of the removal of about 800,000
cu. yds. of additional sediment with the
possibility of about 300,000 cu. yds. to
be removed in addition if State funding
can be secured in next year's budget.
This is a cooperative project with
approximately 74% of the funding being
provided by the State, 18% by The Irvine
Company, 4% from the County, 4% from the
City of Newport Beach, and a small
portion from the City of Irvine.
With respect to the Environmental
Document, the Public Works Director
noted that the document does not
identify any long -term significant
adverse impacts. The most significant
short -term impact is that of potential
conflict between recreational boating
traffic and the dredging equipment, to
which the staff and consultants have
worked closely with the County Harbor
District and with the Coast Guard to
develop a traffic management plan to
resolve this potential problem.
Carl Wilcox of the State Department of
Fish and Game, addressed the Council
stating that Upper Newport Bay is an
ecological reserve which encompasses
two- thirds of the Upper Bay. Their
major objective is to manage the area
for wildlife value. Their main problem
in the bay is sediment deposition and
through the 208 process, they have been
able to develop a program which the
department feels will address the
problem. They feel they have come to a
point where as much as possible is being
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done in the watershed, which was a
previous concern to the department and
delayed their funding maintenance work
in the bay. Since they have arrived at
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a plan through the 208 process, the
Upr Npt Bay
department and other State agencies have
Unit II
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funded work in the bay quite generously.
The project under consideration will
provide an opportunity to be on top of
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the sediment situation and will allow
them a mechanism for future maintenance
operations which are not disruptive to
the reserve and wild life in the bay.
Mayor Pro Tem Plummer advised that the
Department of Interior is pursuing a
program of leasing off -shore oil tracts
off the coast of California, and in one
of their reports, which was prepared
several years ago, there was discussion
as to where the on -shore facility could
be placed. One of the suggestions was to
have a supply depot in the bay, which
she assumes would be the upper portion
of the bay.
Mayor Pro Tem Plummer asked Mr. Wilcox
if he thought the Department would be
able to accommodate a supply facility to
take care of the drilling rigs out on
the ocean.
Mr. Wilcox stated that he was totally
unaware of such an idea and was sure
that such an activity would not be
allowed in the reserve.
In response to Council Member Heather
regarding the appearance of the Upper
Bay, Mr, Wilcox stated that with the
Early Action Plan, the department was
able to create an additional 35 acres of
wetland within the bay from an area
which was the salt- ponds, and from that
expanded later to 90 acres from the Unit
I project. More habitat has been
created resulting in increased title
flushing. They are constantly working
to improve the Upper Bay; however,
improvements do take time.
Don Simpson, Project Engineer, addressed
the Council and discussed proposed
methods of construction for the project,
which will involve substantial barge
traffic in the bay for a period of 9 to
12 months. Depending on the method of
construction selected by the contractor,
it is anticipated there will be anywhere
from 5 to 13 round trips a day using
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large barges. A second alternative is
the utilization of a large clam shell
which will minimize the amount of water
that is hauled out on the barges. As
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CITY OF NEWPORT BEACH
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a third alternative, it is proposed to Upr Npt Bay
load the barges off - shore, thus avoiding Unit II
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traffic in the bay; however, this method
appears to be more costly. The hours of
operation would be six days a week, 24
hours a day, except during the summer
months where no work will be done on
Saturday or Sunday.
Edwin Amyes, 311 Morning Star, Vice
President of Dover Shores Community
Association, and member of their
Dredging and Water Quality Committees,
addressed the Council and stated that
they support the dredging project and
would like to see the "clam shell"
method of operation used. They also
feel that in the interests of the
residents of the City, an ad -hoc
committee should be established to
monitor the sediment coming in the bay.
The committee should consist of people
who live on the.water in all.areas of
the City and are impacte8,by water
quality deterioration.
Council Member Hart commented that
pursuant to the Early Action Plan and
Phase I, there are now two completed
desilting basins in San Diego Creek, and
another basin being planned. She noted
that silt is trapped in the desilting
basin before it gets into the upper bay.
Maintenance of the basins has proved
economical since contractors can use the
material trapped in the basins for
fill -in construction. The dredging
proposed in the Unit II project will
create a much better flushing action for
the Upper Newport Bay. She emphasized
the concerns and interest of the City
Council in improving the Upper Bay.
Dr. Alan V. Andrews, Commodore, Balboa
Yacht Club, 1801 Bayside Drive, Corona
del Mar, addressed the Council and
stated that they were not consulted or
advised of the details of the proposed
project; however, they do support the
end result, but are concerned about the
impact it will have on the lower bay with
recreational boating activities. They
are particularly concerned with the area
of the bay known as the "narrows" and
barges traveling up and down the bay
interfering with not only their
activities, but other recreational
boaters. They are also concerned with
the possibility of leakage during
transport to disposal site, and would
I
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COUNCIL MEMBERS
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favor the 1 °clam shell" method of
Upr Npt Bay
operation. In conclusion, they have
Unit II
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many recreational programs planned, as
do other yacht clubs, and would
appreciate being advised as this project
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gets underway.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to accept, approve and
All Ayes
certify the Final EIR as indicated in
Attachment A; make the findings
contained in the Statement of Facts
(Attachment A, Exhibit I) with respect
to significant impacts identified in the
Final EIR; find that the facts set forth
in the Statement of Overriding
Considerations (Attachment A, Exhibit 2)
are true and are supported by
substantial evidence in the record,
including the Final EIR; with respect to
the project, find that although the
Final EIR identified certain unavoidable
significant environmental effects that
will result if the project is approved,
those mitigation measures identified in
the Certified Final EIR shall be
incorporated into the proposed project,
and all significant environmental
effects that can be feasibly mitigated
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or avoided have been eliminated or
reduced to an acceptable level, and that
the remaining unavoidable significant
effects, when balanced against the facts
set forth in said Statement of Overriding
Considerations (Attachment A, Exhibit
2), giving greater weight to the
unavoidable environmental effects, are
acceptable; direct staff to complete the
final plans and specifications for the
project; direct staff to continue to
pursue all necessary permits for the
project; proposed establishment of an
Ad -Hoc Citizens Monitoring Committee be
referred to the Tidelands Affairs
Committee for recommendation and report
back; and comments of Dr. Alan Andrews
to be given consideration.
Council Member Strauss indicated his
interest in serving on the ad -hoc
monitoring committee.
E. PUBLIC COMMENTS:
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1. Patricia Krimian, 29 Beach Drive,
Lido Mobile
Secretary, Lido Mobile Home Park,
Rome Park
addressed the Council regarding an
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Amendment to the Long -Term Lease between
Volume 40 - Page 82
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COUNCIL MEMBERS
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March 10, 1986 O
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Lido Mobile Home Park (Curci) and its
residents, copies of which she
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distributed to the Council. She stated
the amendment was issued on March 1 to
all residents, with a return date of
March 31. The amendment has six
clauses, two of which they have cause
for serious concern. She stated that it
is their request that the City Council
instruct the City Attorney to evaluate
the two points of concern and give the
homeowners his recommendation.
The City Attorney responded that he has
not reviewed the subject document which
was just distributed, but would point
out that Mr. Curci cannot by contract
make City ordinances inapplicable to him
or his property. On the other hand, the
City Attorney is not empowered to offer
legal advice to individuals regarding
private contractual matters.
Following consideration, and there being
no objections, the City Attorney was
requested to review the amendment, but
only in terms of its affect, if any, on
the City.
F. CONSENT CALENDAR:
ion
x
The following actions were taken as
Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -14 declaring that
B &R /Npt
installation of air conditioning at
1heatre Arts
the Newport Theatre Arts Center
Res 86 -14
shall be performed more
(62)
economically if the supplies and
materials are purchased on the open
market; and that a contract for the
installation of an air conditioning
system should be let without
advertising for bids. (Report from
Parks, Beaches and Recreation
Director)
(b) Resolution No. 86 -15 supporting
egislation
Senate Bill 1694 (Bergeson)
es 86 -15
.
Restoring Natural Condition
(48)
Immunity.
Volume 40 — Page 83
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALo9 G ROLL Gp`r March 10, 1986
MINUTES
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(c) Resolution No. 86 -16 awarding bid r'
City Ntl Bk
for banking services to City
Services
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National Bank (Contract No. 2382)
Res 86 -16
for period April 1, 1986 through
C -2382
March 31, 1989. (Memorandum from
(38)
.
Finance Director)
3. CONTRACTS/AGREEMENTS:
(a) Authorize the Mayor and City Clerk
pr Npt Bay
to execute a Cooperative Agreement
Unit II /Co-
with the Department of Fish and
op Agmt w/
Game to provide their portion of
Dpt Fish /Gm
the cost of the Unit II Upper
-2483
Newport Bay Sediment Control and
(38)
Restoration Project (C- 2483).
(Report from Public Works)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Traffic Engineer for report
Parking
back, letter from Minney Family
Permit
Enterprises, Inc., concerning
(63)
leasing of-parking spaces from the
City off Tustin Avenue regarding
restaurant operation at 2601 West
.Coast Highway.
(b) To Police Department for response,
PD
copy of letter from Warren L. Bauer
(70)
.
regarding the alleged lack of
police in the area during the
traffic snarl on February 11
between Jamboree and Redhill along
Bristol North and Bristol South.
(c) To Traffic Engineer for response,
Parking/
letter from the Bluffs Homeowners
Restrictions
Association regarding alleged
(63)
vehicle parking violations,
particularly the village in
shopping area.
(d) To Business License for response,
Permits/
copy of letter from Newport Heights
Spcl Evnta
Community Association giving
(65)
advance notice for special
activities permit on May 26th from
12 Noon to 4 p.m. for their 2nd
Annual Memorial Day Picnic Event.
(e) To Business License for response,
Permits/
copy of letter from Raymond
Spcl Evnts
Melissa, Chairman of the Bicycle
Trails Committee giving advanced
(65)
notice of 2nd Annual Newport Beach
Bike Event for May 18, at the East
.
Bluff Park at 10:30 a.m.
Volume 40 - Page 84
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\r,&lpns i Gad' �t�p y�A March 10, 1986 lKinry
(f) To Marine Department for response,
Marine Dpt/
letters from Michael McAlear, Neal
Live Bait
.
Oseland, Tim Skobel, Kit McNair,
Receiver
Mark Fitch regarding the lack of a
(51)
live bait receiver in Newport
Harbor; and after the agenda was
printed, a letter was received from
the Sportsfishing Association of
California in support of a live
bait receiver.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Irvine Ranch
Water District to MWD of Southern
California regarding update on
disposition of the unplanned
surplus due to higher than expected
water sales this year, and the
proposed use of the surplus to
reduce future water rates.
(b) Local Agency Formation Commission
Preliminary Agenda for March 5,
1986.
(c) Copy of letter from Ray L.
Johnston, Dauphin Manitoba, Canada
regarding interest in his Maremache
Wilderness Lodge.
(d) California Regional Water Quality
Control Board -Santa Ana Region
Executive Officer James R.
Bennett °s reply regarding followup
by Assemblyman Gil Ferguson on SCR
38 (Newport Bay Report).
(e) Application from Southern
California Edison Company
(#86 -02 -034) regarding current and
future electric Rates before the
California Public Utilities
Commission.
(f) Letter from Corona del Mar Chamber
of Commerce requesting
support /cooperation regarding their
letter to Hector Godinez, District
Manager, U.S. Postal Service
concerning proposed change for
first -class mail post office in
Corona del Mar.
Volume 40 - Page 85
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6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
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referral to the claims adjuster:
(a) John L. Blom alleging City sewer
Blom
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backed up into claimant's toilet
and overflowed at 3040 E. Pacific
Coast Highway on December 17, 1985,
causing damage to contents of
building.
(b) Lester E. Kephart alleging
Kephart
"earth- mover" from Mitrovich
Construction Co., while doing City
work on Balboa Boulevard,
rear -ended his vehicle while
stopped for school bus near "C"
Street and Balboa Boulevard on
January 9, 1986.
(c) Kenneth A. Klein alleging false
Klein
arrest and imprisonment by City
Police Department on December 11,
1985.
(d) Don and Audrey Lee seeking
Lee
indemnity from claim filed by Dean
Maccabe, who was diving off a rock
into the ocean at Corona del Mar
State Beach on April 22, 1982 and
suffered personal injuries.
(e) Samuel Rametta, Jr., alleging large
Rametta, Jr.
tree planted in front of 708
Narcissus fell onto personal
automobile on February 14, 1986,
thereby causing damage to fenders,
trunk lid, rear window and rear
bumper.
(f) David Rymar alleging tree fell down
Rymar
across street and onto claimant's
vehicle at 709 Narcissus on
February 14, 1986, damaging 1980
Toyota Corolla.
(g) Southern California Gas Company
So.CA Gas
alleging gas service damaged by
City when digging out sidewalk for
repairs at 2101 Anniversary Drive
on January 21, 1986.
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7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
.
referral to the claims adjuster:
(a) Bowers Tractor Service, Inc., in
Bowers
connection with Public Works
Tractor Sery
Contract of Merco Construction
Company, contractor for Balboa
Yacht Basin Marine, Orange County
Municipal Court, Case No. 188687.
(b) Sherry Meseck for personal
Meseck
injuries, Orange County Superior
Court, Case No. 482313. Claim was
denied by City Council on November
25, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Police Officer, Patrol
Division.
(b) Approve one Equipment Mechanic I,
General Services Department.
(c) Maintenance Man I, General Services
Department.
9. STAFF AND COMMISSION REPORTS -
.
For Council information and approval:
(a) Removed from the Consent Calendar.
For Council information:
(b) Report from the Planning Department
Planning
concerning the status of the
(68)
DISPUTE RESOLUTION CENTER services
contracted by the City for the fair
housing provision contained in the
Housing Element of the City's
General Plan.
10. PUBLIC HEARING SCHEDULING:
None.
11. ARTS COMMISSION VACANCY - Accept with
Arts Cmsn
regret the resignation of Robert M.
(24)
Allen in his letter dated February 20,
1986 (applications for vacancy accepted
until 4:30 p.m., March 21, 1986 from
qualified residents of City).
Volume 40 - Page 87
.
(`" � • 'r,s s ' �!' �; � �: ass. � f�
COUNCIL MEMBERS
\CAL q(®�� March 10, 1986
h 0' 4
12. CITY COUNCIL TRAVEL AUTHORIZATION AND
Council
EXPENSE - Approve Expense Records for
Expense
•
Council Member Hart ($193 for trip to
(33)
Sacramento on February 12; and $627 for
Washington, D.C., regarding Offshore Oil
.
testimony before House Appropriation
Subcommittee for Interior on February 24
and 25, 1986).
13. SEWER CONNECTION PERMIT - Authorize the
permits/
Public Works Department to issue a
Swr Cnctn
permit to the County of Orange for the
(65)
connection of a sewer lateral to the
City's sewer main in Campus Drive
northerly of North Bristol Street and
direct the staff to prepare the
necessary agreement to provide for
conditions related to the connection.
(Report from Public Works)
14. 1985 -86 STREET/ALLEY RESURFACING AND
St /Alley
RECONSTRUCTION PROGRAM (C -2502) -
Rsrfcg /Rcns
Approve the plans and specifications;
°85 - °86
and authorize the City Clerk to
C -2502
advertise for bids to be opened at 11:00
(38)
a.m. on April 4, 1986. (Report from
Public Works)
15. TRACT NO. 12309, LOTS 2 AND 3 - Approve
Tract 12309
a Subdivision Agreement guaranteeing
completion of the public improvements
.
required with Tract No. 12309, Lots 2
and 3 (portions of Block 51 and 52,
Irvine °s Subdivision, located on
property bounded by MacArthur Boulevard,
Bison Avenue, Camelback Street, Jamboree
Road and San Diego Creek, in the North
Ford Planned Community); and authorize
the Mayor and the City Clerk to execute
subject agreement. (Report from Public
Works)
16. TRACT NO. 12309, WATER CAPITAL
Tract 12309
IMPROVEMENT CHARGES - Waive payment of
Wtr Cptl
Water Capital Improvement Charges for
Imprm Chrgs
Tract No. 12309 as provided for in
Section 14.33.090 of the Municipal Code
(Portions of Blocks 51 and 57, Irvine °s
Subdivision located on property bounded
by MacArthur Boulevard, Bison Avenue,
Camelback Street, Jamboree Road and San
Diego Creek, in the North Ford Planned
Community). (Report from Public Works)
I
i.
I
iVolume
40 - Page 88
a F' ca
1115-1 MIF
"N
17. BUDGET AMENDMENTS - For approval:
(25)
•
BA -066, $1,530 - Transfer in Budget
Appropriations for Special Refuse pickup
in Harbor View and Newport Hills
.
Community areas; General Services - Refuse
Fund. (Report from General Services
General Set
Director)
44)
BA -067, $229,496.85 - Increase in Budget
Appropriations and Revenue Estimates
regarding establishment of State Gas Tax
Fund Section 2126 as provided by SB 300;
State Gas Tax (Sec. 2126) Fund.
BA -068, $500 - Increase in Budget
Appropriations and Revenue Estimates for
purchase of office supplies and
children's paperback books .(donation
from Friends of the Library); Library
Fund.
BA -069, $840 - Increase in Budget
Appropriations for replacement of a
mobile radio stolen from General
Services Departmental car; General
Services - Administrative Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Executive Assistant to the
Arts Cmsn/
City Manager requesting Council
"Metalphor"
direction to construct a suitable base
(24)
for R. Bret Price Sculpture "Metalphor,"
was presented.
Motion
x
Motion was made to refer this item to
All Ayes
the Arts Commission for report and
recommendation on the location of the
sculpture.
i
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 86 -1, being,
AN ORDINANCE OF THE CITY COUNCIL OF
Ord 86 -1
THE CITY OF NEWPORT BEACH
Regs fr
ESTABLISHING REGULATIONS FOR
Vestg TMps
VESTING TENTATIVE MAPS FOR
Rsdntl SubD
RESIDENTIAL SUBDIVISIONS (PLANNING
(68)
COMMISSION AMENDMENT NO. 630),
PCA 630
was presented for second reading with
(94)
report dated February 24, 1986, from the
Planning Department.
i
ion I
x
Motion was made to adopt Ordinance No.
All Ayes
86 -1.
Volume 40 - Page 89
w ,
COUNCIL MEMBERS
J 9
�
March 10, 1986 O
ROLL \'P\(XP
MINUTES
1!Ullf1*11
I. CONTINUED BUSINESS:
1. Report from City Attorney regarding -
Encroachmnt
possible modifications to the Fun Zone
Permit /Agmt
Ferris Wheel Agreement, was presented.
Fun Zone
Ferris Whl
It was noted in the staff report that on
(65)
•
January 13, 1986, the City Council
approved an Encroachment Agreement
authorizing installation of a ferris
wheel adjacent to the bulkhead and on
the north side of the Fun Zone. The
Agreement implemented conditions to the
Council approved variance and use permit
that required the developer to provide
proof of insurance against liability for
injuries related to the operation of the
ferris wheel prior to the issuance of
certificates of occupancy.
It was further pointed out that the
developer has recently advised the City
Attorney's office that the cost of
insurance covering ferris wheel
operations exceeds 60% of the revenue
anticipated to be generated by the
ferris wheel. The developer has asked
that the Agreement be amended to allow
installation of the ferris wheel prior
to obtaining insurance with operation of
the attraction delayed until adequate
coverage is obtained.
Three options, as enumerated in the
staff report, were outlined for the
Council's consideration.
The City Attorney advised that the
developer has indicated the
concessionaire, who will be operating
the ferris wheel, can obtain insurance
in the amount of $1 Million; however,
the sum required in the agreement calls
for $3 Million. Another option
available, therefore, is to require the
developer and concessionaire to execute
the Encroachment Agreement, but reduce
the amount of insurance required.
The City Attorney further stated that,
generally speaking, he and the City's
Safety & Insurance Administrator are
satisfied if insurance coverage is
supplied up to the limit of the City's
self— insured retention, which is
currently $h Million. In this
particular case, he feels that $1
Million would be adequate coverage if
•
the staff can determine from a review of
the City's own policies, the City's
excess coverage would apply to any
liability.
Volume 40 — Page 90
COUNCIL MEMBERS
CROLL
•
Motion
All Ayes
Motion
All Ayes
•
111 ills]; ;
MINUTES
March 10, 1986
1.1MM
Encroachmt
Agmt /Fun
Zone Ferris
Wheel
U/P 3185
Jordan Wank, Developer of the Fun Zone,
1800 N. Highland Avenue, Los Angeles,
addressed the Council and stated that
the concessionaire was able to secure
liability coverage for $1 Million, but
no more. At the time he and the
concessionaire entered into a lease
agreement, the concessionaire was also
required to furnish a $3 Million
liability policy coverage to protect
them and their project, and as a result
of being unable to meet that
requirement, they find themselves in the
same position as the City.
x
Following discussion, motion was made to
modify the subject agreement and require
concessionaire to furnish not less than
$1 Million liability coverage.
J. CURRENT BUSINESS:
None.
K. ADDITIONAL BUSINESS:
x
1. Motion was made to schedule public
hearing on March 24, 1986 for Use Permit
No. 3185 by James Adams on property
located at 2620 Avon Street.
Meeting adjourned at 9:25 p.m.
i
I
*Mayor
ATTEST:
City Clerk
�t /fiORR ®�'
Volume 40 — Page 91
1.1MM
Encroachmt
Agmt /Fun
Zone Ferris
Wheel
U/P 3185