HomeMy WebLinkAbout02/22/1988 - Regular MeetingCOUNCIL MEMBERS
Present x x
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All Ayes
Motion
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 22, 1988
Mayor Cox presented.Proclamation from City of
Newport Beach in recognition of Girl Scout
Week.
A. ROLL CALL.
B. Motion was made to waive reading of
Minutes of Meeting of February 8, 1988,
approve as written, and order filed.
Council Member Plummer referred to Page
36, Use Permit No. 3306 -Cafe Lido, and
stated that the second paragraph should
be corrected to read as follows:
"Discussion ensued with regard to
Council Member Plummer °s
suggestion, wherein it was pointed
out that if the valet pickup and
drop off were on Villa Way, it
could create more noise for the
residences because of the opening
and closing of car doors."
Council Member Maurer referred to
amended Condition No. 9 on Page 36 of
said minutes, and stated it was his
intention that Cafe Lido be allowed to
open at 3:00 p.m., rather than 3:30 p.m.
on Saturdays and Sundays, with a closing
time of 2:00 a.m., seven days per week,
and with live entertainment to cease at
1:00 a.m., seven days per week. He
stated, therefore, that said Condition
should be corrected to read as follows:
"Condition No. 9 - That the hours
of operation of the restaurant use
shall be limited between 5:00 p.m.
to 2:00 a.m., Monday thru Friday,
and 3:00 p.m. to 2:00 a.m.,
Saturday and Sunday. That live
entertainment shall cease by 1:00
a.m., seven days per week.11
The above corrections were agreeable to
the maker of the motion, and the minutes
were approved as corrected above.
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 Cox opened the public hearing
regarding GENERAL PLAN AMENDMENT CPA 87 -3(B)
87 -3(B), a request of the FIRST AMERICAN (45)
TRUST COMPANY, Santa Ana, to amend the
LAND USE ELEMENT of the Newport Beach
General Plan so as to increase the total
Volume 42 - Page 51
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February 22, 1988
allowable development by 560 square
feet, on property located in BLOCK 500
of NEWPORT CENTER (2161 San Joaquin
Hills Road); zoned C-0-H.
Report from the Planning Department, was
presented.
Jerry King, J. A. King & Associates,
representing the applicant, addressed
the Council in support of the request.
He stated that the additional 560 square
feet of office area would be
accomplished by enclosing a 432 square
foot area in the existing underground
parking area and by adding 127 square
feet of new building area. The 432
square feet would be used for storage of
company records and the 127 square feet
would be used to expand an existing
office. Enclosing the 432 square feet
in the parking area will result in the
loss of three parking spaces, which will
be replaced by the creation of two
spaces in an area not now used for
parking and by restriping the parking
area.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
88 -11, amending the Land Use Element of
the Newport Beach General Plan to
increase the total allowable development
by 560 sq. ft. on property located at
2161 San Joaquin Hills Road.
2. Mayor Cox opened the public hearing and
City Council review of an APPEAL OF J.
A. KING AND ASSOCIATES, acting for DOUG
SALISBURY /MERLIN NORTON, Newport Beach,
from the denial of the Planning
Commission on January 21, 1988, of
VARIANCE NO. 1143, a request to permit
the retention of an "as built" enclosed
patio that has created a single - family
dwelling which exceeds the allowable
floor area of 1.5 times the buildable
area on property located at 120 South
Bay Front, Balboa Island; zoned R -1.5.
Report from the Planning Department, was
presented.
Appeal application of J. A. King &
Associates, Inc., for Doug Salisbury,
was presented.
Volume 42 - Page 52
JGPA 87 -3(B)
Res 88 -11
Var 1143
(91)
COUNCIL MEMBERS
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February 22, 1988
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Volume 42 — Page 53
Var 1143
The City Clerk advised that after the
agenda was printed, a letter was
received in favor of the appeal from the
Balboa Island Improvement Association.
It was pointed out that the subject home
was constructed in 1985, and that
sometime between that time and October
1986, a patio was enclosed without the
benefit of a permit,
Council Member Maurer stated that he had
viewed the site in question and
expressed his reasons for supporting the
variance.
Jerry King, J. A. King & Associates,
representing the applicant, addressed
the Council and gave a brief history of
the subject structure. He referenced
drawings on display, and stated that
the variance would not be detrimental to
the neighborhood; that there are no
environmental significant impacts as to
the enclosure; and that the request
should be approved. He stated that the
neighbor immediately to the left of the
subject property has a similar type of
structure that protects the privacy of
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the patio and also protects the privacy
of the living quarters. He stated that
all of the construction which has taken
place on the subject residence meets
code requirements and energy standards
required by the State.
Discussion ensued, wherein the City
Manager, in an attempt to clarify some
concerns on the part of the Council,
stated that a two story structure was
constructed with the bottom story
showing a patio with one side open,
enclosed on three sides by the living
structure, and with a glass roof as
described in the staff report. With the
side yard to the patio not enclosed, the
area would not be counted in the
figuration of the 1.5 times buildable,
so it was removed to make it 1.5 times
buildable, and therefore, comply with
Code. Subsequently, the open side was
enclosed, which makes it then become
calculated as part of the buildable area
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and now exceeds the 1.5 times buildable.
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Volume 42 — Page 53
Var 1143
Motion
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February 22, 1988
Council Member Turner commented he did
not feel that staff was in error in
finaling the structure as to its
original plan; however, the owner chose
to, at a later date, enclose it
illegally without the benefit of a
permit.
Hearing no others wishing to address the
Council, the public hearing was closed.
X Motion was made to overrule the decision
of the Planning Commission, and approve
Variance No. 1143 based on the Findings
and Conditions for Approval designated
as Exhibit "B" of the staff report.
Council Member Strauss stated that he
could not support the motion, inasmuch
as the staff and Planning Commission
both recommended denial. He also stated
there were no exceptional circumstances
applying to the property; that in his
opinion, if approved, it could be
precedent- setting and it is not good
policy to go against the 1.5 times
buildable area.
Discussion ensued as to how the City
could possibly prevent this type of
"bootlegging" in the future, wherein
Council Member Plummer expressed her
concerns.
Council Member Sansone suggested that
staff investigate the feasibility of
initiating a "severe" penalty for
"bootleg- construction," equal to the
value that said construction has added
to the subject property, and that said
penalty be paid for by the seller of the
property.
Mayor Pro Tem Hart indicated that she
agreed with the idea of imposing a
penalty for "bootleg- construction," and
suggested this subject be reviewed at a
future study session.
Mayor Pro Tem Hart also stated that she
will be supporting the motion, inasmuch
as the illegal construction was caused
by the previous owner and not the new
property owner who just purchased the
home.
x I The motion was voted on and carried.
Volume 42 - Page 54
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COUNCIL MEMBERS
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February 22, 1988
3. Mayor Cox opened the public hearing and
City Council review of:
TRAFFIC STUDY - A request of CSL
NEWPORTER LTD., Beverly Hills, to
approve a traffic study in conjunction
with the construction of a
banquet /meeting room on the NEWPORTER
RESORT HOTEL property; and the
acceptance of an Environmental Document;
W 51
USE PERMIT NO. 3161 (AMENDED) - A
request of CSL NEWPORTER, LTD., Beverly
Hills, (unanimously approved by the
Planning Commission at its meeting of
January 21, 1988), to amend a
previously- approved use permit which
allowed the construction of additions
and improvements to the NEWPORTER RESORT
HOTEL, located at 1107 Jamboree Road;
zoned "Unclassified." The proposed
amendment includes a request to
construct a new banquet /meeting room on
a portion of the site which is currently
used for off - street parking, the
construction of a laundry facility and a
180± sq. ft. addition to the "net public
area" of the existing Duke's Lounge.
The proposal also includes a request to
reduce the number of previously required
parking spaces that were approved in
conjunction with a demonstrated parking
formula; the construction of a new
access drive and circular drop -off
adjacent to Back Bay Drive; and the
approval of a modification to the Zoning
Code so as to allow the use of
additional compact and tandem parking
spaces in conjunction with a valet
parking service.
Report from the Planning Department, was
presented.
An addendum to the above report,
together with an overall site plan
parking tabulation, was presented.
The staff report was summarized, wherein
the various components of the
improvement plan were outlined as
follows:
a. Banquet meeting room
containing 8,000 sq. ft. of
assembly area and 3,100 sq.
ft. of related storage.
Volume 42 - Page 55
Trf Study
CSL Nwprtr
U/P 3161(A)
(88)
COUNCIL MEMBERS
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February 22, 1988
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b. Addition to Duke's Lounge of
180 sq. ft. of net public
area.
C. Construction of 2500 sq. ft.
of laundry facilities'located
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adjacent to Jamboree Road.
It was also pointed out on the site
plan, that the applicant is proposing to
construct a new access drive and
circular drop -off area adjacent to Back
Bay Drive.
It was further noted that the current
facility provides 745 parking spaces,
and if each of the uses located on the
site, plus the proposed additions,
(independent as the City's Code
stipulates) it would require 845 parking
spaces; in essence, 100 parking spaces
short of code. With regard to the
Traffic Study, it indicated that the
intersection of Jamboree Road and East
Bluff Drive /Ford Road did not meet the
requirements of the Traffic Phasing
Ordinance; however, revised mitigation
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is proposed by the applicant as
enumerated in the addendum to the staff
report.
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Council Member Strauss stated that the
Newporter Resort has been a long -time
resident of the City and certainly a
desirable hotel in which to stay;
however, he does have two concerns,
i.e., parking (100 parking spaces short)
and traffic. He stated that the traffic
congestion at the intersection of
Pacific Coast Highway and Jamboree Road
is extremely heavy; that in many
instances he has had to wait through
three to four green traffic lights to
get to Pacific Coast Highway, and he was
very surprised this issue was not a
factor in the findings of the Traffic
Study completed for this project.
Discussion ensued, wherein the staff
responded to Mayor Pro Tem Hart's
inquiries, advising that many of her
concerns were addressed in various
conditions of approval.
David Neish, Urban Assists, Inc.,
representing the applicant, addressed
the Council and stated that they have
spent a great deal of time with the
staff regarding the concerns expressed
by Council Member Strauss and Mayor Pro
Tem. Hart, i.e., parking, traffic,
Volume 42 - Page 56
U/P 3161(A)
COUNCIL MEMBERS
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February 22, 1988
drainage, etc. He commented that the
Newporter Resort may incur parking
problems only three to four nights a
year, due to some type of special event;
however, they are aware of these
scheduled functions, and for these
reasons they have a number of off -site
parking agreements with other parties.
He stated that the two busiest months
for the hotel are June and December due
to proms, etc., and holiday catering.
He stated that the Newporter Resort is
one of the busiest hotels on weekends;
however, that is not the case during the
week. He stated that the purpose of the
request under consideration is to
provide adequate meeting facilities in
order that they can compete with the
other hotels in the City. Regarding the
concern of drainage, he stated that they
have had extensive discussions with the
City Engineer, and as a result, the
lower parking lot will be totally
regraded and restriped, etc., and the
mayor components of the drainage system
will be placed underground.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and stated
that he has made a number of traffic
studies in Costa Mesa and Newport Beach
and felt that timing of the signals was
the problem, and not the number of cars
on the road. He also discussed the
traffic congestion problem at Jamboree
Road and Pacific Coast Highway. He
further stated that he has attended auto
shows at the Newporter Resort where
parking is off -site and patrons are
bussed to the central location due to
the hotel's unusual parking situation.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission and approve
Use Permit No. 3161 and its related
Traffic Study and Environmental Impact
Report.
Mayor Pro Tem Hart suggested a sentence
be added to Condition No. 12 to read as
follows:
"An underground storm drain shall
be installed across as much of the
parking lot as possible, to the
satisfaction of the City Engineer."
Volume 42 - Page 57
/P 3161(A)
COUNCIL MEMBERS
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Motion
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February 22, 1988
Council Member Strauss, maker of the
motion, accepted the foregoing and
included it in his motion.
The motion, as amended, was voted on and
carried.
E. PUBLIC COMMENTS:
1. Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed an item which had been
considered by the Planning Commsision at
their last meeting, and the
Interpretation of codes by City staff.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on March 14, 1988:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) Resolution No. 88 -14 establishing
rules and regulations for Beach
Volleyball. (Report from Parks,
Beaches and Recreation
Superintendent)
(d) Resolution No. 88 -15 incorporating
all 2 -hour parking restrictions in
the City, and rescinding Resolution
Nos. 5616, 6642, 7138, 7521, 7544,
7583, 7665, 7681, 9058, 85 -17 and
88 -7. (Report from Public
Works /Traffic Engineering)
(e) Resolution No. 88 -16 establishing a
parking meter zone for the new
Cannery Village Parking Lot and
setting the meter fees for the lot
and the new on- street parking; and
rescinding Resolution No. 87 -150.
(Report from Public Works /Traffic
Engineering.
1 1 1 1 1 Volume 42 - Page 58
ty Codes
Res 88 -14
(62)
Pkg Rstrctn
2 -hr
Res 88 -15
(63)
Cannery Vlg
Pkg Lt /Mtr
Zone
Res 88 -16
(63)
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COUNCIL MEMBERS
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February 22, 1988
3. CONTRACTS /AGREEMENTS:
(a) Approve the plans and
specifications for the Mariners
Mile Storm Drains (Pacific Coast
Highway Crossings); authorize the
Mayor and City Clerk to execute a
Cooperative Agreement with County
Sanitation Districts of Orange
County; and affirm the need for
nighttime construction in Pacific
Coast Highway for portions of the
overall project. (Report from
Public Works Department)
(b) Approve participations in the
dredging project (portions of
Harbor below Pacific Coast Highway
Bridge) with the Orange County
Harbors, Beaches and Parks
District; authorize executions of
an Agreement with the Orange County
Harbors, Beaches and Parks District
for the subject project; direct
staff to prepare a budget amendment
of $100,000 for same; and authorize
staff to negotiate change -order with
Dutra Dredging Company for the
project. (Report from Public Works
Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Public Works for report back,
correspondence from Newport Heights
Community Association, Science
Faculty of the Newport Mesa Unified
School District, and Environmental
Nature Center regarding the City's
proposed plan for improving Avon
Street.
(b) To Public Works for response,
petition containing approximately
280 signatures from noise- impacted
concerned residents regarding
proposed sound attenuation wall;
and correspondence from Carl W.
Mumm expressing the fact that the
wall would amplify the traffic
noise for those residents living in
Newport Shores.
(c) To Marine Department for response,
letter from Lance Jencks
complaining about the potential
danger to the beach environment as
a result of jet ski activity on the
Newport Peninsula Beach area.
Volume 42 - Page 59.
Mariners Mi
Strm Drns/
PCH Crag
C -2581
(38)
Drdg /
C- 2483(I)
(38)
PW /Avon St
(74)'
(74)
(51)
Shrs
Dpt
COUNCIL MEMBERS
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February 22, 1988
(d) To Building Department for Bldg Dpt
inclusion in the records, letter (Y6)
from Donald Patton commending the
City and employee John Burckle for
their professionalism and
cooperation.
(e) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and �(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Judith M. Caruthers alleging Caruthers
personal injuries as a result of
traffic collision at Delhi Channel
on Irvine Avenue between Mesa Dr. &
Orchard on October 9, 1987.
(b) Luvena W. Hayton alleging damage to
personal property as a result of
sewer backup into toilet, etc., at
235 Poppy Avenue on January 24,
1988.
(c) Joanne Johnston alleging damages as
a result of Residential Building
Record Report completed by City
Code Enforcement Officer at 405
Feliz Street on October 27, 1987.
(d) Stephen R. Kelly alleging damage to
tire rim as a result of hitting
large pothole in street at Irvine
Boulevard in front of golf course
on December 16, 1987.
(e) Maryellen K. Kingsley alleging
personal injuries as a result of
fall on newly installed sidewalk
near intersection of Poinsettia
Street and alley entrance to Post
Office on Second Street on January.
27, 1988.
(f) Ricky Miller alleging personal
injuries as a result of incident
with Police Department on January
24, 1988.
(g) Joe Swift alleging his vehicle was
hit by City sewer pump truck while
parked at 501 E. Balboa Boulevard
on February 5, 1988.
Volume 42 - Page 60
Swift
COUNCIL MEMBERS
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February 22, 1988
MINUTES
(36)
Van Le
State Farm
(66)
(h) Ruth M. Walsh alleging personal
injuries as a result of trip and
fall on sidewalk at entrance to
Gelson's Market from Pacific View
Drive on December 21, 1987.
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(i) Margaret Willson alleging damage to
property as a result of sewer
backup at 239 Poppy Avenue on
January 24, 1988.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Ranh Van Le for personal injuries
and damages, etc., Orange County
Superior Court, Case No. 534413.
Claim was denied by City Council on
March 26, 1987.
(b) Gary Hill for personal injuries and
damages as a result of traffic
accident with City truck, Orange
County Municipal Court, Case No.
89437.
(c) State Farm Mutual Insurance Company
for property damage as a result of
traffic accident with City street
sweeper, Orange County Municipal
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Court, Case No. 88600. Claim was
denied by City Council on August
10, 1987.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Utilities Specialist II,
Wastewater Division.
(b) One Utilities Supervisor,
Wastewater Division.
(c) Two Police Officers, Patrol
Division.
(d) One Secretary, Public Works
Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and filing:
(a) Removed from the Consent Calendar.
Volume 42 - Page 61
(36)
Van Le
State Farm
(66)
COUNCIL MEMBERS
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February 22, 1988
10. PUBLIC HEARING SCHEDULING:
March 14, 1988 -
(a) Removed from the Consent Calendar.
(b) APPEAL APPLICATION FOR MODIFICATION Mod 3352
NO. 3352 - By Lynne Valentine (94)
regarding permit for fence and gate
at 106 Garnet, Balboa Island, from
denial by Planning Commission on
January 21, 1988.
March 28, 1988 -
(c) CONSTRUCTION OF CURBS AND GUTTERS
ON 22ND STREET BETWEEN TUSTIN AND
IRVINE AVENUES - Direct the staff
to use the procedure of Chapter 27
of the Improvement Act of 1911 to
complete construction of said curbs
and gutters; and hear protests from
anyone who does not desire these
Improvements. (Report from Public
Works Department)
(d) RIGHT -OF -WAY ACQUISITION.-
Authorize the notification of
impacted property owners that the
City will hold a public hearing to
consider the adoption of a
Resolution of Necessity to acquire
certain real property needed for
the Widening of Pacific Coast
Highway in the vicinity of the
northerly side of Pacific Coast
Highway, east and west of Bayside
Drive. (Report from Public Works
Department)
11. Removed from the Consent Calendar.
12. ENCROACHMENT PERMIT - RESUBDIVISION NO.
724 - Approve issuance of an
encroachment permit for construction of
new nonstandard improvements along the
Edgewater Place frontage; approve a
modification to the encroachment
agreement approved by the City Council
on January _13, 1986 with the Fun Zone
Ltd., to construct nonstandard street
improvements along Edgewater Place, Palm
Street, Washington Street and Bay Avenue
Rights -of -Way around the Fun Zone
Development; and authorize the Mayor and
City Clerk to execute said agreement.
(Report from Public Works Department)
Volume 42 - Page 62
22nd St
(74)
PCH Widng/
No. PCH/
E. Bayside
(73)
Resub 724
(84)
COUNCIL MEMBERS
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February 22, 1988
13. UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN Upr Npt Bay/
TRAIL (CONTRACT NO. 2435) - Accept the Bic /Egstrn
work; and authorize the City Clerk to Trail
file a Notice of Completion and release C -2435
the bonds 35 days after the Notice of (38)
Completion has been recorded in
accordance with applicable portions of
the Civil Code. (Report from Public
Works Department)
14. TRAFFIC SIGNAL INSTALLATION - Approve Trf Signal.
the plans and specifications for traffic Instltn/
signal installation at Newport Center Npt Ctr &
and San Miguel Drives (Contract No. SMiguel
2684); and authorize the City Clerk to C -2684
advertise for bids to be opened on March (38)
15, 1988 at 11:00 a.m. (Report from
Public Works Department)
15. CLIFF DRIVE PARK (CONTRACT NO. 2534) - Cliff Dr
Accept the work completed as required by Prk
the subject contract and authorize the C -2534
City Clerk to file a Notice of (38)
Completion and release the bonds 35 days
after the Notice of Completion has been
recorded in accordance with the
applicable sections of the Civil Code.
(Report from the Recreation
Superintendent)
16. OUTRIGGER CANOES SEASONAL OUTDOOR
IMUA Outrgr
STORAGE - Uphold staff's recommendation
Cnoe Strg
to approve request for seasonal storage of
(62)
Outrigger Canoes at North Star Beach
presented by the INUA OUTRIGGER CANOE
CLUB, subject to conditions listed in
the staff report. (Report from
Recreation Superintendent)
17. BUDGET AMENDMENTS - For approval:
(25)
BA -063, $15,000 - Transfer in Budget
Appropriations for Computer Room
airconditioner; Data Processing Fund.
BA -064, $1,647 - Increase in Budget
Appropriations and Revenue Estimates for
donations to the Library; Library Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed ordinance amending the Newport JOrd 88 -6
Beach Municipal Code regarding amateur Zoning/R. radio antennas was presented with report JAntennaa
from the Planning Department. (94)
Volume 42 - Page 63
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
Motion x
Ayes x x x x x x
Abstain x
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February 22, 1988
Council Member Sansone vacated his seat at
this time due to a possible conflict of
interest.
The City Clerk advised that after the
agenda was printed, two letters had been
received in opposition to the proposed
ordinance from Anita Boyd, resident, and
Helen Lautt of Village Way Management.
The City Attorney reported that this
ordinance was placed on the agenda due
to recent FCC ruling, which has had the
effect of preempting local regulation of
amateur radio broadcasting facilities,
unless a city or county ordinance meets
certain criteria. The ordinance has to
be based upon ligitimate health,
esthetic, or safety considerations and
the regulations have to reasonably
accommodate needs of amateur radio
operators, and the regulations have to
be the least intrusive means available
to the City to accomplish the purposes
behind the regulations.
The City Attorney advised that a public
hearing will be held on the subject
ordinance on March 14, and this date
would be the proper time for public
testimony.
Motion was made to introduce, pass to
second reading and schedule for public
hearing on March 14, 1987, proposed
ORDINANCE NO. 88 -6, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 20.77 OF THE NEWPORT BEACH
MUNICIPAL CODE REGARDING AMATEUR
RADIO ANTENNAS [PLANNING COMMISSION
AMENDMENT NO. 627].
Council Member Sansone resumed his seat at
this time.
Zoning/
Rdio Antena
2. Report to the City Manager regarding Plan
ACTIONS TAKEN BY THE PLANNING COMMISSION (68)
ON FEBRUARY 4, 1988, and a copy of the
PLANNING COMMISSION AGENDA FOR ITS
REGULAR MEETING OF FEBRUARY 18, 1988,
was presented.
Volume 42 - Page 64
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
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ea�a��ro
Motion
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Motion was made to schedule public U/P 3086(A)
All Ayes
hearing on March 14, 1988, for Use 3290
Permit No. 3086(A) on property at 2901
W.C. Highway [John Dominus]; and Use
Permit No. 3290 [Muffin Shop] on
property at 3431 Via Oporto,
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Suite 100 D.
`Motion
x
Motion was made to schedule public PCA 661
All Ayes
hearing for March 28, 1988, on Planning
Commission Amendment No. 661 amending
Title 20 of the Newport Beach Municipal
Code regarding Outdoor Sales /Display of
Merchandise.
Motion
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Motion was made to receive and file the
All Ayes
remaining items contained in the subject
report.
3. Report from the Planning Department was
presented recommending public hearing
scheduling on March 14, 1988, for the
following:
PLANNING COMMISSION AMENDMENT NO. PCA 658
658 - A request of STROCK (94)
ARCHITECTS, INC., Newport Beach, to
amend the NEWPORT PLACE PLANNED
COMMUNITY DEVELOPMENT STANDARDS so
as to establish provisions which
would allow structures located
within a portion of INDUSTRIAL SITE
3A to be constructed in excess of
the 35 ft. height limit up to a
maximum of 50 ft., subject to the
approval of a use permit. Property
located at 3600, 3610 and 3620
Birch Street. The proposal also
includes the acceptance of an
Environmental Document.
Motion
x
Motion was made to schedule Use Permit U/P 3308
All Ayes
No. 3308 for public hearing on March 14,
1988, in connection with the foregoing
[PCA 658).
4. Proposed resolution confirming review of Personnel
the City's Personnel Policy and (66)
Procedures Manual, and adopting same;
and rescinding Resolution No. 85 -71,
dated September 9, 1985, was presented
with memorandum from Personnel Director.
The City Manager explained the subject
document incorporates all previous
personnel policies, as amended by the
recently negotiated memorandums of
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understanding with the various employee
associations last July. He referenced a
typographical error on page 35, stating
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February 22, 1988
that New Year's Day should be inserted
as one of the days on the City's holiday
list. He also advised that the proposed
resolution does not contain any items
which have not had previous Council
approval.
Motion was made to adopt Resolution No.
88 -13.
5. Report from Planning Department
regarding PROPOSED GENERAL PLAN
AMENDMENT NO. 88 -1, recommending
sustaining the action of the Planning
Commission to initiate a General Plan
Amendment for the following sites, was
presented:
Westbay - A request of The Irvine
Company to amend the Land Use and
Recreation and Open Space Elements
of the General Plan and Local
Coastal Program, Land Use Plan so
as to change the land use
designation of the Westbay site
from a mixture of "Low- Density
Residential" and "Recreational and
Environmental Open Space" to
"Recreational and Environmental
Open Space;"
City Corporation Yard - A proposal
of the City of Newport Beach to
amend the Land Use Element of the
General Plan, adding a specific
area description for the City
Corporation Yard (currently
designated for "Governmental,
Educational and Institutional
Facilities ") so as to allow a
refuse recycling /transfer station
on the site;
Newport Harbor Art Museum - A
request of the Newport Harbor Art
Museum to amend the Land Use
Element of the General Plan so as
to change the land use designation
of ten acres at the northwesterly
corner of East Coast Highway and
MacArthur Boulevard from "Retail
and Service Commercial" to
"Governmental, Educational and
Institutional Facilities" in order
to allow construction of a new art
museum;
3010 and 3012 West Balboa Boulevard
- Request of Daniel Ralsky and
Arthur L. Bauman to amend the Land
Use Element of the General Plan and
the Local Coastal Program, Land Use
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Plan so as to change the land use
designation from "Two- Family
Residential" to "Retail and Service
Commercial." Also to be considered
is a request of staff to expand the
area of consideration to include
the property located at 3008 West
Balboa Boulevard, the single
remaining residentially- designated
site fronting on West Balboa
Boulevard in the subject block; and
Northwest Corner of West Balboa
Boulevard and 15th Street - A
request of The Gen Group to amend
the Land Use Element of the General
Plan and the Local Coastal Program,
Land Use Plan so as to change the
land use designation from "Retail
and Service Commercial" to
"Multi- Family Residential."
The City Manager referenced the property
at the Northwest Corner of West Balboa
Boulevard and 15th Street, and advised
that the owner of the site [The Gen
Group] has requested it be deleted from
this General Plan Amendment.
In view of the foregoing, motion was
made to approve the staff's
recommendation with the deletion of the
above - mentioned site.
GPA 88 -1
6. Proposed resolution establishing 'Park In -Lieu
$612,833 as the cost per acre to be used Dedctn Fee
in assessing in -lieu park dedication (68)
fees, was presented with report from the
Planning Department.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
apologized as he had requested removal
of the agenda item from the Consent
Calendar in error.
Motion was made to adopt Resolution No. Res 88 -12
88 -12.
7. Letter from Mr. and Mrs. Caryl Oranges, PB &R Cmsn/
and letter signed by Mr. and Mrs. K. P. Sdwlk Ocean
Wallace and John K. Lake, concerned over Blvd
the proposed sidewalk on the park area (62)
in the vicinity of 2901 Ocean Boulevard,
Corona del Mar, was presented.
John Lake, 2919 Ocean Boulevard,
addressed the Council and advised that
he had not seen a drawing of the
proposed pathway and questioned its
exact location.
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February 22, 1988
The City Manager advised that the
proposed project is being considered by
the Parks, Beaches and Recreation
Commission, and that a hearing will be
held on the matter in the near future.
He advised that he would see to it that
Mr. Lake was notified of said hearing.
Motion was made to refer the subject
letters to the Parks, Beaches and
Recreation Commission for review.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 88 -3, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
DESIGNATING ON- STREET PARKING METER
ZONES IN CANNERY VILLAGE,
was presented for second reading, with
report dated February 8, 1988, from
Public Works /Traffic Engineering.
The City Manager advised that the
parking rate for the meters in the
subject area would be set at 25C per
hour.
Motion was made to adopt Ordinance No.
88 -3.
2. Proposed ORDINANCE NO. 88 -4, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
ESTABLISHING THE CANNERY VILLAGE
SPECIAL PARKING DISTRICT AND
SPECIFYING THE USE OF ALL PARKING
METER REVENUES FROM WITHIN THE
DISTRICT,
was presented for second reading, with
report dated February 8, 1988, from
Public Works /Traffic Engineering.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
expressed his concerns with regard to
the subject ordinance.
Motion was made to adopt Ordinance No.
88 -4.
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Motion
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February 22, 1988
3. Proposed ORDINANCE NO. 88 -5, being,
Ord 88 -5
Bus Lic/
AN ORDINANCE OF THE CITY COUNCIL OF
Cmcl Flm
THE CITY OF NEWPORT BEACH AMENDING
Prdctn
SECTION 5.46.010 OF THE NEWPORT
(27)
BEACH MUNICIPAL CODE PERTAINING TO
REGULATION OF COMMERCIAL FILM
PRODUCTION ON PUBLIC PROPERTY,
was presented for second reading, with
report dated February 8, 1988, from
Business License Supervisor.
Motion was made to adopt Ordinance No.
88 -5.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from Public Works regarding
ENCROACHMENT APPLICATION FROM JANET
CURCI WALSH TO ENCROACH 3 FEET INTO
PUBLIC RIGHT -OF -WAY AT 808 SOUTH BAYFRONT,
BALBOA ISLAND WITH 22 INCH HIGH RAISED
PATIO AND RAILING 3 FEET 4 INCHES ABOVE
SIDEWALK, was presented.
In response to question raised by
Council Member Maurer regarding possible
interference with the bulkhead tiebacks,
the Public Works Director advised that
possible interference could occur;
however, he felt it was not of great
consequence, compared to the other
problems associated with the need to
work on the bulkheads and bulkhead
tiebacks. He stated he felt the
Council's decision on this item should
focus on the issue of the encroachment
permit and the City's policies and
practices with respect to said
encroachment permit, and not on the
bulkhead tiebacks.
Motion was made to approve the
application subject to the Execution of
an agreement for nonstandard
improvements; an Encroachment Permit
from the Public Works Department;
establishment of front property corners
by a licensed surveyor; and a Building
Permit from the Building Department.
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February 22, 1988
2. Report from Public Works Department
regarding BALBOA ISLAND BULKHEAD REPAIR
NEAR WATERS WAY (CONTRACT NO. 2525), was
presented.
The City Manager summarized the staff
report, noting that on October 26, 1987,
the City awarded Contract No. 2525 to
Gateway Landscape Construction, Inc. for
$387,500. In their bid proposal,
Gateway listed Sam -Cal Corporation as
their subcontractor for bid item No. 16,
chemical grouting. Gateway is now
asking the City for permission to
substitute Pressure Grout Company as
their subcontractor. The reason for
their request is Sam -Cal's failure to
execute a subcontract with Gateway. If
a substitute of subcontractor is
approved, the cost to the City would
remain the same as the bid by the
general contractor.
In response to Council inquiry, the
Public Works Director stated that the
technical qualifications of both
subcontractors in question, appear to be
acceptable.
Denis A. O'Mahoney, Attorney
representing Gateway Landscape
Construction Co., addressed the Council
and stated that he has submitted to the
City two sworn statements from the Vice
President of Gateway, and from his prime
contractor for other portions of the
proposed work. He explained that his
client initially prepared a bid of $3.50
per gallon as quoted by subcontractor
Pressure Grout; however, the morning the
bid was due, Gateway received a
telephone call from Sam -Cal Corp.,
advising he could provide the grout at
$3.00 per gallon, and based on that
information, his client changed his bid
to reflect Sam -Cal as the subcontractor
at the $3.00 per gallon bid price.
Subsequently, Sam -Cal has "reneged" on
the bid and is now quoting $4.25 per
gallon. If the substitution is
permitted, it would allow the original
subcontractor, Pressure Grout, to
replace Sam -Cal and perform at the same
price as originally bid. The project
has an estimated completion date of
March 25, and his client is already
seven days behind in the grouting. If
his client cannot proceed almost
immediately, he felt there was going to
be considerable inconvenience to some of
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the residents on Balboa Island. He,
therefore, requested the Council adopt
the recommendation of the Public Works
Director and allow the substitution of
the subcontractor.
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Warren J. Ruegg of Sam -Cal Corp.,
addressed the Council and stated that he
initially bid the job at $4.75 per
gallon; that he did talk with Gateway
prior to bid time and advised them that
he was aware of the $3.50 per gallon
price "on the streets," but he felt it
was being submitted by a firm who never
worked in this coastal area and that it
simply was not a responsible bid. He
stated that he dropped his price to
$4.25 in order to help Gateway, and that
he also submitted bids to the other
general contractors who bid the same job
at a price of $4.00 to $4.25 per gallon.
He stated that if he is allowed to
provide the grouting, he felt he could
speed up the job through his own
measuring devices; however, due to
preparation of contract_ documents, which
would take 7 to 10 days, he could not
perform the job as specified unless he
put in less material than what is really
required. He suggested this item be
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"pulled out" of the original bid, and
rebid and awarded to an experienced and
legitimate contractor.
Discussion ensued, wherein the Public
Works Director stated that his staff has
no concerns or reservations as to the
qualifications of Sam -Cal Corp., and
they are familiar with their
performance. Pertaining to the
suggestion of Mr. Ruegg to eliminate the
chemical grouting from the contract at
this time and bidding the work
separately, he felt it was physically
possible; however, he would consider it
to be undesirable as he felt there was
not sufficient justification at this
point, apart from the contractural
' relationship the City has already
entered into. Therefore, he would like
to see the complete project, including
the grouting completed in as expeditious
a fashion as possible. He also stated
that if the grouting were bid
separately, it would be time - consuming
to prepare new contract documents, and
felt it could be legally questionable to
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delete the work from the existing
contract.
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February 22, 1988
In response to Council Member Turner,
the Public Works Director stated that
the alternative subcontractor is
qualified and his staff is knowledgeable
of their work in similar projects. He
also answered questions regarding the
various methods of injecting chemical
grouting.
Jerry Sullivan, Vice - President of
Gateway Landscape Construction,
addressed the Council and stated that he
wanted to clarify the issue regarding
their company being accused of "bid
shopping." He stated this was not true,
and if they are allowed to use the
substitute subcontractor, Pressure
Grout, it will cost Gateway $8,500 more
because they did use the bid of Sam -Cal
at $3.00 per gallon. He also stated
that one of the other bidders for the
subject work listed Pressure Grout as
their sub at the $3.50 bid price, which
was the same price given to them prior
to bid time when Sam -Cal Corp. called
and advised them of their $3.00 per
gallon bid price.
Hearing no others wishing to address the
Council, motion was made to allow the
substitution of subcontractor.
Discussion ensued, wherein it was
pointed out by Council Member Sansone
that the City states the estimate of
each Public Works job on the front of
the bid documents, and questioned the
staff if this was a legal requirement.
The Public Works Director replied that
it has been the practice of the City to
make its estimates known to any party
that wishes to inquire as to what the
Engineer's estimate on the project is.
When plans and specifications are
submitted to the Council for approval
and authorization to advertise for bids,
that report includes the statement of
the Engineer's estimate.
The City Attorney advised that there are
no legal provisions requiring the City
to publicly state the Engineer's
estimate in the bid documents.
The motion on the floor was voted on and
carried.
Meeting adjourned at 9:55 p.m.
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CITY OF NEWPORT BEACH
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February 22, 1988
The agenda for this meeting was
posted on Thursday, February 18,
1988 at 10:15 a.m., on the City
Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
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