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HomeMy WebLinkAbout01/23/1989 - Regular MeetingPresent Motion 6 Ayes Motion All Ayes • Motion All Ayes C MINUTES �A S. 0p '� REGULAR COUNCIL MEETING f 9� PLACE: Council Chambers TIME: 7:30 P.M. yp DATE: January 23, 1989 x x x x x x x x x I x I A. ROLL CALL. B. Reading of Minutes of Meeting of January 9, 1989, was waived, approved as written, and ordered filed. 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. Mayor Strauss opened the public hearing regarding proposed ORDINANCE NO. 89 -2, being, AN ORDINANCE OF THE CITY COUNCIL OF (89 THE CITY OF NEWPORT BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 14.12.180, 14.12.190 AND 14.12.200 PERTAINING TO WATER RATES; CHARGES AND DEPOSITS, was presented for second reading with recycled report from Utilities Director, dated January 9, 1989. The City Manager summarized the background information regarding the proposed ordinance, stating that pursuant to a recent United States Supreme Court case, (Memphis Light, Gas & Water Division v. Craft, 436 U.S.1) the City should modify its procedures pertaining to delinquent water bills to comply with that decision. He added that the subject ordinance deletes all current reference to notification, and authorizes the procedure for third party notification of delinquent water bills and provides for paying of delinquent water bills in installments set up by agreement, as specified in the resolution that appears on the Consent Calendar portion of the agenda. After it was determined that no one wished to speak to this issue, the public hearing was closed. Motion was made to adopt Ordinance No. 89 -2. E. PUBLIC COMMENTS: 1. Ed Haubelt, 17092 Pinehurst Lane, addressed the Council regarding the lack of transportation in Southern California, citing the efficient rail transportation in European Countries. Volume 43 - Page 17 89 -2 Rates Trsptn CITY OF NEWPORT BEACH COUNCIL MEMBERS \\\P\ 00 January 23, 1989 • Votion All Ayes r �i x MINUTES He stated that he has been attending transportation meetings throughout Orange and Los Angeles Counties. In addition, he offered information that the Orange County Transit District which owns 7 miles of the Pacific Electric right -of -way from Santa Ana to Stanton, has been approached by the Southern Pacific Company to operate a light rail system. Mr. Haubelt suggested that with a half cent tax increase, or even a ten cent tax increase, sufficient money could be raised to operate a light rail system and take care of maintaining highways and freeways. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council on two issues: 1) the policy or provision of giving credit for nonexistent parking with regard to commercial building with nonconforming use; and 2) the parking requirements for the City -owned property of the Fisherman's Restaurant at the end of the Newport Pier. The City Attorney stated that if Mr. Soffer would contact him tomorrow morning, he would be able to answer his questions. . F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Introduce and pass to second reading on February 13, 1989 - (a) Proposed ORDINANCE NO. 89 -3, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.30.040 C.(5) TO THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH BY RESOLUTION OF THE CITY COUNCIL A FEE FOR PROCESSING REQUESTS FOR OFF- STREET PARKING ON A SEPARATE LOT IN "Z" COMBINING DISTRICTS. (Report from the Planning Department) (b) Proposed ORDINANCE NO. 89 -4, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY'OF NEWPORT BEACH ADDING SECTION 20.30.035 D.(5) TO THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH BY RESOLUTION OF THE CITY COUNCIL Volume 43 - Page 18 Parking Ord 89 -3 Zoning /Off- St Parking Fee / "Z" Dstr (94) Ord 89 -4 Zoning /Off- St Parking "H" C /Dstr (94) • 0 CITY OF NEWPORT BEACH MINUTES 6 �G9�A0f 9A January 23, 1989 A FEE FOR PROCESSING REQUESTS FOR OFF- STREET PARKING ON A SEPARATE LOT IN "H" COMBINING DISTRICTS. (Refer to report w /agenda Item No. F -1(a)) Schedule for public hearing on February 13, 1989 - (c) Proposed ORDINANCE NO. 89 -5, being, Ord 89 -5 Personnel Dstr Mps AN ORDINANCE OF THE CITY COUNCIL OF 51 /52 "Upr THE CITY OF NEWPORT BEACH ADOPTING Buck Gully" AN AMENDMENT TO DISTRICTING MAPS (94) NO. 51 AND 52, RECLASSIFYING (b) Resolution No. 89 -4 authorizing the PROPERTY KNOWN AS "UPPER BUCK PCH Wdng GULLY" FROM THE R -1 -B DISTRICT TO Btw Npt B1/ THE 0 -S(P) DISTRICT [PLANNING RIGHT -OF -WAY FOR PACIFIC COAST COMMISSION AMENDMENT NO. 6731. PCA 673 (Report from Planning Department) Res 89 -4 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -3 approving Personnel SPECIAL PROVISIONS FOR COMPENSATION Cpnstn °88- FOR 1988 -89. (Report from 89 /Res 89 -3 Personnel Director) (66) (b) Resolution No. 89 -4 authorizing the PCH Wdng City Manager to CERTIFY Btw Npt B1/ RIGHT -OF -WAY FOR PACIFIC COAST Hghlnd HIGHWAY WIDENING PROJECT BETWEEN Res 89 -4 NEWPORT BOULEVARD AND HIGHLAND C -2591 STREET. (Report from Public Works (38) Department) (c) Resolution No. 89 -5 on PROCEDURES Utilities/ FOR UNPAID WATER CHARGES AND Wtr Sry DISCONTINUANCE OF WATER SERVICE Delnqnt B1s [refer to,agenda item D -1]. Res 89 -5 (Report from Utilities Director) (89) 3. CONTRACTS /AGREEMENTS: (a) Removed from the Consent Calendar. (b) Approve and renew CONTRACT NO. 2241 O/C Mooring - AGREEMENT WITH ORANGE COUNTY FOR jAdm MOORING ADMINISTRATION; and C -2241 authorize the Mayor and City Clerk (38) to execute said renewal. (Report from the Marine Department) (c) Award CONTRACT NO. 2462 - FINLEY Finley Tr TRACT STREET RECONSTRUCTION to St Rcnstr Jerry Cross Paving Company for the C -2462 total bid price of $446,974; and (38) authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) Volume 43 - Page 19 L • • 0 CITY OF NEWPORT BEACH ®� yA °p89 January 23, 1989 4 5. MINUTES (d) Authorize the City Manager to enter into a Professional Services Agreement with Professional Assessment Services, Inc., for UNDERGROUND UTILITIES IN CORONA HIGHLANDS, in the amount of $17,000 to prepare an Engineer's Report for a proposed special assessment district to underground utilities in Corona Highlands; enter into a Professional Service Agreement with Brown & Diven, Inc., to provide legal services for the proposed special assessment district; and approve a Budget Amendment in the amount of $22,000 reappropriating funds to initiate proceedings to form a special assessment district to underground utilities in Corona Highlands. (Report from Public Works Department) COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation Department for inclusion in the records, letter expressing thanks from Ann (Mrs. Lee) Spencer regarding the Poppy Street trees. (b) To City Manager for response, letter of complaint from John and Allison Wells suggesting more reasonable hours for building/ remodeling projects, and that no building be allowed toltake place on Sundays or Holidays. (Reply from City Manager) Corona High - lands /Undigr Utilities C -2732 (38) Trees (c) To Aviation Committee for inclusion JAvia in the records, letter with mte newspaper clipping from E.P. (24) Benson, regarding commercial jet aircraft take -off flights over homes. (d) To Marine Department for reply, request from Laughlin E. Waters for variance (pier at 215 Grand Canal, Balboa Island]. (Reply from Marine Department, and letter received after the agenda was printed, from Helen and Erwin Tuppan, owners of property at 216 Grand Canal) COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter to Police Chief Arb Campbell expressing thanks for Volume 43 - Page 20 (51) Hrs Dpt i u CITY OF NEWPORT BEACH aAA y, C+0 •jG � N�g W January 23, 1989 6 7 E excellent coverage during the Christmas season from Balboa Pavilion Catalina Passenger Service, Inc. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Manuel Hernandez alleging his vehicle towed in error from 21st Street and Balboa Boulevard on October 5, 1988; seeking reimbursement of towing fee and loss of work. (b) David Schell alleging property damage as a result of City sewer backup at 430 and 430' Acacia on November 26, 1988. MINUTES (36) Schell For rejection: (c) Late Claim of Banh Van Le alleging Banh Van Le injuries as a result of arrest on September 7, 1987; taken to Garden Grove Police Department and then transferred to Orange County detention facility. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Charles W. Roman for personal Roman injuries sustained in traffic accident at Bayshore Drive at the intersection with Jamboree Road, Orange County Superior Court, Case No. 565816. Claim was denied by City Council on March 14, 1988. (b) Joseph Toczydlowski, III, for Tocz dle -kk personal injuries, Orange County y Superior Court Case No. 576458 Claim was denied by City Council on November 28, 1988. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Police Records Assistant. (b) One Police Officer. (c) One Data Control Clerk, Finance Department. (d) One Senior Planner, Planning Department. Volume 43 - Page 21 COUNCIL MEMBERS OA , i 0 aD tr • E CITY OF !NEWPORT BEACH MINUTES January 23, 1989 (e) One Librarian, Library Services Department (f) One Maintenance Worker I, General Services Department. (g) One Utilities Crew Chief, Utilities Department. (h) One Parking Control Officer, Police Department. (i) One Secretary, Police Department. (j) One Groundsworker I, Parks Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. For Council information and filing: (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING: (Refer to agenda item F- 1(c)). 11. COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS (CONTRACT NO. 2710) - 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 Public Works Department) 12. Removed from the Consent Calendar. 13. CAMPUS DRIVE WIDENING FROM BRISTOL STREET THROUGH MACARTHUR BOULEVARD - Make a finding that the County's proposed widening project which provides six through lanes for Campus Drive southerly from Bristol Street to northerly of MacArthur Boulevard is consistent with the City's General Plan; and approve the plans and specifications for the first phase of the Campus Drive widening project and authorize the staff to issue the necessary permits to complete the work within the City of Newport Beach. (Report from Public Works Department) Volume 43 - Page 22 Community Yth Ctr Pkg Lt Impv C -2710 (38) Campus Dr Wdng fm Brstl -MacA B1 (74) L • • ion 1 Ayes CITY OF NEWPORT BEACH :USERS MINUTES C (s sA January 23, 1989 INDEX 14. RESUBDIVISION NO. 852 - Accept the Resub 852 public improvements constructed in (84) conjunction with Resubdivision No. 852; authorize the City Clerk to release the Faithful Performance Surety ($1,900 for Construction Loan No. 6- 1232 -3 held by Hancock Savings and Loan Association to guarantee satisfactory completion of the public improvements); and release the Labor and Material Surety (the remaining $1,900 of Construction Loan No. 6- 1232 -3 held by Hancock Savings and Loan Association to guarantee satisfactory completion of the public improvements in six months, provided no claims have been filed. (Report from Public Works Department) 15. SPEED HUMPS - Approve the design Speed standards for speed humps. (Report from Humps Public Works /Traffic Engineering (85) Department) 16. MARGUERITE AVENUE - Approve plans and Marguerite direct staff to apply for a CalTrans Av /CalTrans encroachment permit to restripe Encr Prmt eastbound Coast Highway at Marguerite Restripe Avenue to reduce the number of through (74) lanes from three to two lanes. (Report from Public Works /Traffic Engineering Department) 17. BUDGET AMENDMENTS - For approval:, (25) BA -036, $4,500 - Increase in Budget Appropriations for copy machine for public at Newport Center Branch Library; Library (Office Equipment) Fund. BA -037, $15,000 - Transfer in Budget Appropriations for technical assistance to update the City's Housing Element; General Fund. BA -038, $22,000 - (Refer to report w /agenda item F -3(d)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Parks, Beaches and PB&R /Ocean- Recreatlon Director regarding CLOSING front Bchs TIME FOR OCEANFRONT BEACHES, was Closing Tm presented, with Balboa Peninsula Point (62) Association letter of January 15, 1989. x Motion was made to defer action on approving closing time for Oceanfront Beaches until March 27, as requested by three homeowners. Volume 43 - Page 23 L ion All Ayes Motion All Ayes Motion Ayes C1 CITY OF NEWPORT BEACH 0 n \G0 �yD � January 23 X MINUTES 2. Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING COMMISSION Commission ON JANUARY 5, 1989, and REGULAR AGENDA (68) FOR JANUARY 19, 1989, was presented. X Motion was made to schedule public ' Var 1148 hearing for February 13 on Variance 1148 (3127 West Coast Highway, Mariners Mile); remaining items received and filed. 3. Report from Public Works Department Avon St Pkg recommending that staff be directed to Impv abandon the AVON STREET PARKING (74) IMPROVEMENTS project to provide additional parking on the northerly side of Avon Street adjacent to the Cliff Drive Park, was presented. x Motion was made to remove the subject item from the agenda, and schedule for Council discussion at Study Session on February 13. 4. Report from the City Attorney regarding Npt Dunes the NEWPORT DUNES REDEVELOPMENT PLAN, Rdvlpm Pln was presented. C -2394 (38) Motion was made to direct the City Attorney to prepare a transmittal letter for the Mayor's signature to Newport Dunes advising them that the three residences shown on the Site Plan to house security and maintenance personnel are considered ancillary, and that no expansion of those residences, or increased floor area, or additional residences would be permitted. 5. Report from Public Works BalboaPnsla Department with response to Dora Nell Seawall Hedrick's letter of complaint regarding C -2662 the BALBOA PENINSULA SEAWALL, and (38) additional letter received from her after the agenda was printed, dated January 19, were presented. Dora Nell Hedrick, 303 E. Edgewater Avenue, Balboa, addressed the Council stating she was concerned that the seawall would pose a problem to her tenants who are wheelchair bound, or . physically handicapped. She also stated that the area would be unsafe for her tenants while the pier permittees restore handrailings, utilities, etc., or entire piers, subsequent to the City's construction. She stated she felt that her rights have been infringed upon by having'to restore her pier end and utilities. Volume 43 - Page 24 • Motion 0 Ayes CITY OF NEWPORT BEACH aPA S 00 . N f� \�9�A N - January 23, 1989 X MINUTES The Public Works Director stated that this project involves seawall construction along Edgewater Place, and is part of the City's tidal flooding prevention program. He added that a number of bulkheads have been raised in many locations in the City over the last few years as a part of that program. He commented that he believes Mrs. Hedrick is concerned about the high seawall along the south edge of Edgewater walkway, and the fact it does limit access to the beach and to the pier to some extent, but that he was not aware she had a special problem because her tenants are handicapped. However, he stated, the main complaint of Mrs. Hedrick is with the City's policy in constructing this seawall, where the end of her pier will be severed for that construction, and she, along with other pier permit holders, are being asked to repair their own piers. He stated that the amount of work involved to the pier permit holders is to restore the connection of the pier to the new seawall and to reconnect the utilities. Discussion ensued, wherein motion was made to award CONTRACT NO. 2662 - BALBOA PENINSULA SEAWALL, ISLAND AVENUE TO ADAMS STREET to Harris Construction for the total bid price of $191,597.50; and authorize the Mayor and City Clerk to execute said contract. It was also suggested that Public Works staff assist Mrs. Hedrick regarding her request for utility sleeves through to 303 E. Edgewater Avenue. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.28.010 AND 5.28.041 OF THE NEWPORT BEACH MUNICIPAI. CODE PERTAINING TO REGULATIONS FOR ENTERTAINMENT ESTABLISHMENTS, was presented for second reading with recycled report from Assistant City Attorney dated January 9, 1989. The City Manager commented that the subject ordinance is recommended to be consistent with the Alcoholic Beverage Control Regulations concerning entertainment establishments. Volume 43 - Page 25 Ord 89 -1 Bus Lic/ Entertnm Est (27) Motion All Ayes • ,r u CITY OF NEWPORT BEACH MEMBERS January 23, 1989 ix Motion was made to adopt Ordinance No. 89 -1. I. CONTINUED BUSINESS: MINUTES 1. Recycled report from Public Works Department of January 9, 1989, regarding APPLICATION OF NANCY FOSTER to construct 20 -inch high raised patio and 16 -inch high fence on top of patio, all encroaching 2.5 feet into the public right -of -way adjacent to 229 Opal Avenue, was presented. Nancy Foster, 229 Opal Avenue, addressed the Council, stating that she is. applying for an encroachment to build a patio out to the existing fenced area of the front yard. She distributed exhibits for Council to refer to regarding her application. She added that all of the construction must be 6 feet above the mean high tide lines on Balboa Island, which amounts to usually 24 inches that the house can be out of the ground, and on this particular lot, because Opal is lower than most of the streets, it amounts to 30 inches to the sidewalk level. She stated that right now, there is a 34 inch high fence, a hedge at 34 inches high, and the sidewalk is 34 feet wide with the curb. She stated that most of the fences along that part of the block begin 2 feet back from the sidewalk and most of the other residences have a 2 foot planter. She would like to extend the patio out approximately 2 feet, 6 inches beyond the property line to where the existing fence stands now, and still maintain the planter along the sidewalk; adding that the patio level close to the street will be 20 inches above the sidewalk level with a 16 inch high picket fence on top of that, keeping the total at 36 inches, as recommended by the Balboa Island Improvement Association. She feels the reason her request should be approved is that it has been granted many times over before on Balboa Island. She added that the house does have to be raised because of the requirement for 6 feet above the mean high tide lines, and along with this, it seems that raised patios are becoming the type patio for the raised construction, otherwise it looks unbalanced and could be unsafe. In walking the Island, she found that the streets closer into town have a 28 foot Volume 43 - Page 26 Permit/ Encrchm Foster (65) Motion • All Ayes Motion All Ayes 11 CITY OF NEWPORT BEACH aA 9 y9900¢ A to January 23, 1989 X x MINUTES street, and then usually a 4 foot sidewalk, but as she got closer to the ferry end of the street, there are four streets that have 24 or 23' foot streets. She indicated that Topaz, Opal, Agate and Pearl are the streets that are narrower, and if she is denied the application, she will then have to deal with the 4'k foot part of the front yard area to either put in plants, or an additional sidewalk and then plants. Council Member Watt made a motion to deny the subject application for raised patio, but to approve the application subject to an encroachment permit, and the proposed new policy. If it was to be approved according to the subject new policy, which will come up during the next Council meeting, she added that it would also be consistent with the Balboa Island Improvement Association's new policy, which means that there would be a 5 foot sidewalk. She stated that the new policy would prohibit the 20 inch raised patio, but still allow some encroachment at grade, to include planting and open -type fences. Discussion ensued, wherein it was suggested that the staff work with the applicant regarding issuing an appropriate encroachment permit in conformance with the new proposed Council Policy. The Public Works Director emphasized again, that this application differs in character from encroachment applications that have been before the Council in the past, in the matter of the raised patio. The motion was voted on and carried. 2. APPOINTMENT BY MAYOR TO AVIATION COMMITTEE (deferred from 1/9/89 agenda): Motion was made to appoint Mimi Singleton as Alternate to Randolph J. Kroenert, Homeowners Association Representative. Aviation Cmte 3. Report from Parks, Beaches 8 Recreation UM High Director recommending approval of CORONA Schl Olympc DEL MAR HIGH SCHOOL OLYMPIC POOL Pool Agm AGREEMENT to enable construction and (62) joint use of a 50 meter pool, was presented. Volume 43 - Page 27 • Motion All Ayes Motion All Ayes • X �0 January 23, 1989 X MINUTES The City Manager summarized the background with regard to the Olympic Pool Agreement, stating that the agreement presented to the Council is the 6th revision as negotiated to assure that the original intent of the Council was satisfied. Discussion ensued, wherein the City Manager stated that in subsequent discussions with the School District regarding the recommended amendments by the Parks, Beaches and Recreation Commission, the School District does not want to eliminate the dollar value ($5,000,000) of the District property; and the stipulation that the School District provide for the utility costs associated with the operation of the Pool. Motion was made to defer action on the subject agreement, and to bring it back to the Council as soon as possible, with . the following recommended changes: Section 1. Term: 25 years with the City's option to renew for another 25 years; Section 3.b: Leave out the reference to the dollar value of the land; Section 4.: Identify School Year as Monday through Friday; and clarify to make explicit that the City has access to the showers, the restrooms, locker rooms, pool, and ancillary features; and Section 5.: That the School District provide the utilities. J. CURRENT BUSINESS: 1. Letter from Robert R. Young, President of Misc Rqst/ McDonnell Douglas Realty Company regarding Monorail MONORAIL PROJECT, and additional letter 1Prj of January 19, (received after the (52) agenda was printed) requesting withdrawal of proposal, were presented. Motion was made to receive and file the subject letters. 2. Report from the City Attorney regarding the 1990 AIRPORT ACCESS PLAN, was presented. The City Attorney requested that staff be allowed additional time to review very lengthy staff reports prepared by the Airport Manager outlining some issues that the Airport staff has identified relative to the development of an access plan for Phase 2 of the Volume 43 - Page 28 0/C John Wayne Arprt 1990'Arpt Access Fla (54) L • Motion All Ayes • u • `� , �N January 23, 1989 x MINUTES John Wayne Airport Master Plan. He 0/C John added that Phase 2 begins when the new Wayne Arpt terminal is constructed at the time 1990 Arpt aircraft operations go from 55 to 73, Access Pln and further stated that the 18 flight increase is limited to aircraft that is very quiet. He referred to his outline in the staff report, which contains some of the issues that airport staff believe should be addressed in the development of the 1990 Access Plan. Also, he discussed the priorities that the City staff should use in the formulation of comments, suggestions and requests, as follows: (1) Preserve and protect the Settlement Agreement; (2) Minimize the potential for litigation over issues relative to the Settlement Agreement; and (3) Request additional controls that could minimize the environmental impacts of Airport operations. Discussion ensued, wherein motion was made to direct staff to prepare final comments in response to the Airport Manager's request for input on the proposed 1990 John Wayne Airport Access Plan, subject to review and approval by Airport City Council Ad Hoc Committee. Meeting adjourned at 8:55 p.m., in memory of Mrs. Barbara Gellman, who passed away Monday, January 9, 1989. The agenda for this meeting was posted on January 19, 1989, at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. r % r 1 ATTEST: Volume 43 - Page 29 I