HomeMy WebLinkAbout09/12/1988 - Regular MeetingCOUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: September 12, 1988
Mayor Cox presented Permaplaqued Certificate
of Appreciation to former Planning Commissioner
Rena Roppelman.
Mayor Cox presented a Proclamation to Valerie
Sutton in recognition of Sign Writing for the
Deaf.
A. ROLL CALL.
B. Motion was made to waive the reading of
Minutes of Meeting of August 22, 1988,
approve as written, and order filed.
Council Member Strauss stated that he
did not wish to change the subject
minutes; however, he did want to
clarify, for the record, that his motion
regarding the San Joaquin Hills Corridor
was not reflected accurately in the
newly - adopted Resolution No. 88 -89,
approved on August 22, 1988. He stated
he had requested that Item No. 14 of
Resolution No. 85 -11 be added to
Resolution No. 88 -89. He recited his
two -part motion as set forth on Page 329
of the minutes. He also stated that at
the end of the discussion on the
Corridor, and just prior to the motion
being voted on, he stated again the
following,: "And then to have a new Item
14, if you will, which is an expression
of the City's seriousness and
unwillingness to go forward unless this
happens. I think we tried to do that in
Resolution No. 85 -11."
Council Member Strauss stated that Item
No. 14 was designed to protect the
homeowners and he was disappointed it
was not included in the resolution
prepared by staff following the Council
meeting. He stated he did not want to
reopen the matter, but he did want to
make his feelings known to the Council.
Mayor Cox stated that he would have to
share in the responsibility of the
confusion associated with this item,
inasmuch as it was not cleared up at the
time it was brought up by Council Member
Stauss. He stated that Item No. 14,
which was left out of Resolution No.
88 -89, is confusing in terms of its
interpretation, as it relates in many
ways to the City's desire to participate
and encourage the development and
construction of the Corridor, which he
felt the Council supported. Also, the
language in the MOU was written at the
Volume 42 - Page 333
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September 12, 1.988
time the Corridor program was initiated
in 1985, and the need for that MOD no
longer exists.
The motion to approve the Minutes of
August 22„ as written, was voted on and
carried.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk to directed to
read by tittles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing
regarding proposed ORDINANCE NO. 88 -31,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO LIMIT THE
PERMITTED HEIGHTS OF FENCES, WALLS,
PLANTINGS, OR BUILDINGS TO NO MORE
THAN THREE (3) FEET ON RESIDENTIAL
LOTS ADJACENT TO THE CORNER OF ANY
INTERSECTING STREET RIGHT -OF -WAY
AND ALLEY (Planning Commission
Amendment No. 663),
was presented for second reading with
report from the Planning Department.
The City Manager explained the purpose
of the subject ordinance, and answered
questions of the Council.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and stated
as a point: of information, that pursuant
to the Streets and Highways Code, all
alleys are streets, but not all streets
are alleys.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
88 -31, amending Title 20 of the Newport
Beach Municipal Code.
2. Mayor Cox opened the public hearing
regarding proposed ORDINANCE NO. 88 -32,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO THE
EXPIRATION OF USE PERMIT, VARIANCE
Volume 42 - Page 334
88 -31
Fences
etc,
(94)
Ord 88 -32
Zoning/
(94)
COUNCIL MEMBERS
Motion
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CITY OF NEWPORT BEACH
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September 12, 1988
AND MODIFICATION PERMIT APPROVALS
(Planning Commission Amendment No.
667),
was presented for second reading with
report from the Planning Department.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
88 -32, amending Title 20 of the Newport
Beach Municipal Code.
3. Mayor Cox opened the public hearing
regarding:
A.. TRAFFIC STUDY NO. 47 - Request of
PACIFIC APARTMENTS, Costa Mesa, to
approve a traffic study so as to
permit the construction of a 16
unit apartment complex on property
at 883 West 15th Street, zoned
R- 3(2178);
Vl
B. RESIDENTIAL DENSITY BONUS - Request
of PACIFIC HEIGHTS APARTMENTS,
Costa. Mesa, for a density bonus in
accordance with Section 65915 of
the California Government Code so
as to construct an apartment
complex with 16 units of which some
will be for affordable to lower
income families. A modification to
the Zoning Code is also requested
so as: to allow the new apartment
building and a proposed carport to
encroach ten feet into the required
twenty foot front yard setback; to
allow a two car carport to encroach
four feet into the required four
foot easterly side yard setback; to
allow covered parking spaces on the
front: one -half of the site which
are not fully enclosed with side
walls and garage doors; and to
permit a portion of the required
open parking spaces to encroach ten
feet into the required twenty foot
front: yard setback; and the
acceptance of an environmental
document;
FrAf
C. RESUBDIVISION NO. 877 - Request to
resubdivide property located in the
R -3 (2178) District so as to create
two parcels of land where only one
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
Volume 42 — Page 336
Pac Hghts
Aptms/
Resub 877
parcel currently exits. The proposal
also includes a modification to the
Zoning Code so as to allow a parcel
design which will allow two of the
existing remaining structures on the
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property to encroach 3 feet, 10� inches,
into the required four foot side yard
setback area adjacent to the new
interior common property line.
Report from the Planning Department, was
presented.,
A map was displayed showing the existing
buildings on the property, and the
proposed resubdivision.
It was pointed out that the subject
property is currently developed with a
two story building containing
:
classrooms, administrative offices, a
gymnasium and chapel which was
previously used in conjunction with the
Newport Beach Christian High School. At
its April 25, 1988 meeting, the City
Council unanimously approved a proposal
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to enter into a joint escrow for the
acquisition of the private school at the
southeast corner of 15th Street and
Monrovia Avenue. The joint acquisition
of this facility will provide a publicly
owned Community Center and a privately
developed affordable apartment project.
The easterly portion of the subject
property (Parcel 2) is developed with a
gymnasium, school classrooms, and a
parking lot. This portion of the
property would be subdivided from the
balance while in escrow and would become
the City's property, to be used as a
Community Center for northwest Newport
Beach.
Charles Pace, resident of Newport Crest,
addressed the Council regarding the
density bonus and landscaping of the
property, to which the staff responded.
Larry Campou representing Mesa
Development, addressed the Council and
stated that the landscaping will be
compatible with that of the surrounding
area; there will be a resident manager
on site, and they hope to save the palm
tree near the chapel.
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Geneva Matlock, 11 Landfall Court,
addressed the Council and suggested the
City purchase the entire parcel for park
Volume 42 — Page 336
Pac Hghts
Aptms/
Resub 877
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
12, 1988
MINUTES
Volume 42 - Page 337
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Resub 877
purposes, rather than a community
center, as she felt there is a definite
need for a children's playground in this
area.
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Craig Bluell, Senior Planner, addressed
the Council in response to the HUD loan,
advising that the loan the City will be
taking out is a $1.2 million dollar
loan. The additional $300,000 has
already been appropriated by the City
Council at a hearing in May, 1988. The
loan is to be paid back with the City's
future grant money over a period of six
years. The funds, therefore, do not
come from City revenues. The balance of
funds to be paid by the City come from
Park funds , which has been set aside
for recreational purposes. The facility
itself, in addition to the gymnasium,
will have classrooms which will be used
by senior citizens programs. It is also
hoped that when the Banning property
develops in the future, that will be the
time when the City will get their large
play area. The staff is attempting to
balance this project with requirements
of the Housing Element and the
requirements of the Park and Recreation
Element to achieve both parks and
housing as mandated in both elements of
the General Plan.
With regard to affordable housing, Mr.
Bluell stated that the density bonus
provisions are contained in State law
which says that the number of affordable
units will be in accordance with the
density bonus. The units will be
affordable! to HUD standards and will be
approximately 1,000 sq. ft. per unit.
The gymnasium facility was inspected by
the City's building and public works
engineers;; determined to be in a "sound"
state; and estimated to have a 40 to 50
year life because of its concrete
structure„ The gymnasium and converted
classrooms will be available to all age
groups.
Tom Miller, 6308 W. Pacific Coast
Highway, resident of Newport Crest,
addressed the Council regarding the
density bonus, and requested that
Council give serious consideration to
the recommendations of staff, so that
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the future residents of'the City will
not hold the Council responsible for
the development.
Volume 42 - Page 337
Pac Hghts
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Resub 877
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The City Attorney advised that, pursuant Pac Hghts
to the State density bonus law, all Aptms/
developers within California have the Resub 877
right to request density increases for
the purpose of affordable housing.
Louise Greeley, 16 Swift Court,
addressed the Council and expressed her
concerns regarding affordability and
recreational issues. She felt the
City's affordable program should be
thoroughly "reviewed and aired," as part
of the General Plan update. She also
felt there was a strong need for a
playground in the subject area. She
recommended the Planning Commission be
instructed by the Council to undertake,
as part of the General Plan review, a
study of the City's affordable housing
program, and that the community center
project be "put on hold" until that has
been completed.
In response to comments made regarding
the affordable housing issue, the City
Attorney advised that the City's Housing
Element will be updated prior to July,
1989, and one of the subjects of the
Element is the affordable housing
program. He stated there will be a
comprehensive review of the City's
affordable housing program prior to
July 1.
Mr. Bluell, in an attempt to clarify the
funding for the community center, stated
that the City is applying for a loan for
up to three years of community
development block grant funding to be
paid back over a six -year period, and
that the escrow runs until September 30.
If the Community Development Block Grant
program ceases to exist, the debt is
forgiven, so there is no downstream
liability.
Mr. Bluell. also noted that originally
this project was proposed as an entirely
affordable! housing development. But, as
there are no gymnasiums that the City
has control over, it was determined by
the Parks, Beaches and Recreation, and
Planning Departments that loss of the
gymnasium to housing would be a
significant loss to the community.
With regard to the Housing Element, Mr.
Bluell advised that the City has a
variety of: programs within the Housing
Element to achieve the housing goals of
Volume 42 - Page 338
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CITY OF NEWPORT BEACH
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September 12, 1988
the community. The City is also Pac Hghts
Hearing no others wishing to address the Aptms/
Council, the public hearing was closed. Resub 877
mandated by the State and SCAG to
achieve certain goals with regard to
affordable housing.
Council Member Plummer complimented the
Mesa Development Company on this
project, as well as past projects in the
area, and expressed her appreciation to
them for being able to provide
affordable housing. She stated she was
also pleased to know of the traffic
signal at 15th and Placentia which was
recommended by the City's Traffic
Affairs Committee.
Motion was made to adopt Resolution No.
88 -90 granting a Density Bonus in
accordance with Section 65915 of the
California. Government Code, and
accepting the Environmental Document;
and approve the traffic study, the
resubdivision and related modification,
for the 16, unit apartment complex at 883
West 15th Street, with the Findings and
Conditions; set forth in Exhibit 'W'.
Council Member Strauss stated that he
was glad to see the City enacting a
30 -year affordable housing program;
however, he would still like to see the
program extended indefinitely.
Mayor Pro Tem Bart referred to the
parking lot at the subject site, and
stated she: would hope that when the area
is redesigned, the staff would keep in
mind the need for a tot -lot area, and
that there! be a fence dividing the two
lots so that residents would not be
parking in the community center lot.
Council Member Sansone stated that
inasmuch its the community center will be
located close to the City of Costa Mesa,
he felt that participation in the
activities within the community center
cannot be restricted to just Newport
Beach residents, and that it might be
well to look into.the feasibility of a
joint powers agreement with the City of
Costa Mesa for recreational facilities.
There being no further comments, the
motion on the floor was voted on and
carried.
Volume 42 - Page 339
Res 88 -90
CITY OF NEWPORT BEACH
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. September 12, 1988
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4. Mayor Cox opened the public hearing
regarding the approval of a BUD "Section
108" loan and a Budget Amendment for the
acquisition of a portion of the school
located at 883 West 15th Street [Zoned
R- 3(2178)], for the purpose of creating
the NORTHWEST NEWPORT COMMUNITY CENTER.
Report from the Planning Department, was
presented.
Craig Blue:ll, Senior Planner, reviewed
the lists of costa associated with the
City's acquisition of the subject
property as follows:
Purchase Price
$2,000,000
Housing Site
430,000
City Site
$1,570,000
2 Months Rent
During Escrow
15,000
Appraisal /Escrow
Costa
20,000
Separation/Improve-
ment: of Structures
100,000
6 Months Interim In-
terest
60,000
Contingencies
21,000
Gymnasium Equipment
4,200
TOTAL
$1,790,200
CDBG Funds
1,500,000
City Portion
(Budget Amendment) $ 290,200
The City Manager pointed out that the
value of both parcels of land was fixed
by appraisal by an MIA, and that
appraisal was reviewed by another MIA
for concurrence regarding accuracy.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
88-919 directing the City Manager to
execute a HUD "Section 108" loan and an
interim loan for no more than 1.2
Million Dollars; and approve Budget
Amendment No. 023 in the amount of
$290,200 to cover the City's portion of
the costs related to acquisition of the
site.
Volume 42 - Page 340
CDBG /HUD
Npt Comm
Ctr
(87)
Res 88-91
COUNCIL MEMBERS
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5. Mayor Cox opened the public hearing Aband /Esmt
regarding VACATION AND ABANDONMENT OF A Swr /Kings P1
PORTION OF AN EASEMENT FOR SEWER (90)
PURPOSES (116 Kings Place in the Cliff
Haven area).
Report from the Public Works Department,
was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
88 -92 ordering the vacation and
abandonment of a portion of existing
easement for sewer purposes; and
directing the City Clerk to have the
resolution recorded by the Orange County
Recorder.
6. Mayor Cox opened the public hearing
pursuant to Article XIII of the Newport
Beach City Charter to consider granting
a franchise to BALBOA ISLAND FERRY, INC,
to operate a toll ferry across Lower
Newport Bay between Palm Street on the
Balboa Peninsula and Agate Avenue on
Balboa Island.
Report from the Executive Assistant to
the City Manager, was presented.
The City Manager outlined the contents
of the new lease agreement and the
ordinance presented for introduction.
It was noted that the Traffic Affairs
Committee is currently studying the need
for some type of safety light which
would designate when the Ferry is full.
Hearing no one wishing to address the
Council., the public hearing was closed.
Motion was made to introduce Ordinance
No. 88 -33, granting a Franchise to the
Balboa Island Ferry, Inc., and pass to
second reading on September 26, 1988;
approve and authorize the Mayor and the
City Clerk to execute a lease with the
Balboa Island Ferry, Inc., following 2nd
reading of Ordinance No. 88 -33 on
September 26, 1988; and approve and
authorize the Mayor and the City Clerk
to execute: Memorandum of Agreement
extending term of current Franchise to
October 31, 1988.
7. Mayor Cox opened the public hearing
regarding proposed VACATION OF PORTION
OF SUPERIOR AVENUE.
Volume 42 - Page 341
88 -92
Balboa Is
Ferry/
Franchise
(42)
Ord 88 -33
Bal Is
Ferry Frnch
L4- Fs-(.
(38)
Vacation/
Prtn Super-
ior Ave
(90)
COUNCIL MEMBERS
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Motion
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CITY OF NEWPORT BEACH
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September 12, 1988
Report from Public Works Department, was
presented.
The Public. Works Director answered
questions of Council Member Plummer
regarding the realignment of Pacific
Coast Highway by CalTrans near Superior
Avenue.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No. Res 88 -93
88 -93 ordering the vacation and
abandonment of a portion of Superior
Avenue; and directing the City Clerk to
have said resolution recorded with the
Orange County Recorder.
E. PUBLIC COMMENTS:
1. Bill Wren,. past President of Balboa
Peninsula Point Association, 118 E.
Balboa Boulevard, addressed the Council
regarding the recent tragedy of Debbie
Killelea who was killed on September 1,
1988, on Balboa Peninsula by an alleged
drunken driver. He stated that over the
past years, the Balboa Peninsula Point
Association and Neighborhood Watch
Groups have requested that something be
done to control traffic on the Peninsula
in hopes of preventing the type of
accident that recently occurred. He
stated it is also the request of the
Balboa Peninsula Point Association that
the Planning Commission study an impact
of summertime traffic on the Peninsula
so that the General Plan's EIR can
address the mitigating measures.
Mayor Cox advised Mr. Wren that the
Traffic Affairs Committee would be
considering the placement of speed bumps
in the subject area at their meeting on
Tuesday, September 13 at 2:30 p.m., and
that all :interested residents were
invited to attend.
2. Louise Greeley, 16 Swift Court,
addressed the Council regarding the
construction of a residential building
between 1483 and 1421 Superior Avenue.
She stated she was informed by the
Planning staff that no variances were
needed for this project. However, she
felt the buildings were too close to one
another, and therefore, the Planning
Commission should review the setback
Volume 42 - Page 342
Traffic/
Speed Bmps
Planning/
Zoning
OUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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September 12, 1988
requirements of the Zoning Ordinance,
particularly in the County Triangle
area.
The City Manager advised that staff
would investigate the site and report
back to Council.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR
Schedule for public hearing and pass to
second reading on September 26, 1988:
(a) Proposed ORDINANCE NO. 88 -34,
being;,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 23 SO AS
TO CHANGE THE EXISTING BAYSIDE
SETBACK ON PROPERTY LOCATED AT
16 HARBOR ISLAND DRIVE (LOT
16, TRACT 802) FROM 15 FEET TO
O FEET ON THE SOUTHEASTERLY 88
FEET OF THE BAYSIDE BOUNDARY
OF TRACT 802, AND BETWEEN 0
FEET AND 7 FEET ON THE
REMAINING 22 FEET OF SAID
13AYSIDE BOUNDARY OF TRACT 802
(Planning Commission Amendment
No. 668). (Report from the
Planning Department)
Pass to second reading on September 26,
1988:
(b) Proposed ORDINANCE NO. 88 -35
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 5.90 TO
THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO ESCORT
SERVICES. (Report from the
City Attorney)
2. RESOLUTIONS FOR ADOPTION:
None.
Volume 42 - Page 343
Ord 88 -34
PCA 668
16 Harbor
Is Dr
(94)
Ord 88 -35
Bus /License
Escort Sry
(27)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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September 12, 1.988
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2710 to Jerry Community.
Cross Paving, Costa Mesa in the Ctr Pkg Lt/
amount of $21,638.75; and authorize (C -2710)
the P[ayor and the City Clerk to (38)
execute subject contract to
construct parking lot at Community
Youth Center. (Report from the
Public Works Department)
4. COMMUNICATIONS - For referral as
indicated:
(a)
To Planning Department for
Planning
response, letter from John W. Shea
(68)
regarding capital improvements in
McFadden Square.
(b)
To Police Department for response,
PD
letter from Steven Bran regarding
(70)
automobile alarm system.
(c)
To Traffic Affairs Committee,
TAC
letter from West Newport Beach
(85)
Association regarding traffic
congestion on Seashore Drive from
Orange Street to Santa Ana River.
(d)
To Planning Department for
Planning
response, letter from Central
(68)
Newport Beach Community Association
regarding proposed re- zoning on
Balboa Peninsula.
(e) To Public Works Department for PW
response, letter from Bayview (74)
Terrace Homeowners Association
regarding slurry work on the
streets by J. M. Peters Company.
(f) To staff for response, letter from Bus /License
Gary B. Lovell regarding commercial (27)
aerial advertising over and
adjoining the City.
(g) To Planning Department for Planning
response, letter from John Westrem (68)
regarding proposal for down - zoning
in Cannery Village.
S. COMMUNICATIONS - For referral to the
City Clerk: for inclusion in the records:
None.
Volume 42 - Page 344
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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September 12, 1988
6. CLAIMS FOR. DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Basmaciyan 8 Darnell, Inc. seeking
indemnification from claim filed by
Tyrone Pruett who was struck by
automobile while crossing at
intersection of Balboa Boulevard
and Superior Avenue on July 5,
1984.
(b) Jeff A. Bathiany alleging he was
travelling on Poppy Avenue in
Corona del Mar and had to move
nearer to curb to let another
automobile pass and struck tree
which was protruding into roadway
on July 16, 1988.
(36)
Basmaciyan/
Darnell
Bathiany
(c) Joseph Bloomberg alleging damage to Bloomberg
vehicle as a result of parking lot
control arm hitting it premature;
thereby damaging automobile roof
and power antenna at Balboa Pier on
August 6, 1988.
(d) C. R. Dewey alleging City sewer
line plugged up plumbing at 304
Coral. Avenue on August 15, 1988.
(e) Fluter Construction Co. seeking
indemnity from claim filled by
Dorothy Palmer who allegedly was
injured while walking on City
sidewalk at 29th Street vicinity on
March. 24, 1987.
(f) Kristy M. Fund alleging personal
injuries as a result of falling into
firepit containing hot coals at
Corona del Mar State Beach on
July 1, 1988.
(g) Phillip Garrison alleging physical
abuse: and personal injuries by City
police officer on 15th and Bay
Street on May 14, 1988.
(h) June V. Jones alleging personal
injuries as a result of being
rear-ended by Police vehicle on
East Coast Highway at Goldenrod
Avenue on July 11, 1988.
(i) Teresa A. Morales alleging damage
to vehicle as a result of City
truck backing into it at 31st
Street on August 3, 1988.
Volume 42 - Page 345
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CITY OF NEWPORT BEACH
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September 12, 1988
(j) Pacific Bell alleging their 50 -pair IPac Bell
buried cable was struck by backhoe
operated by City employee at rear
of 2659 Vista Ornada on June 30,
1988.
(k) Douglas L. Salisbury alleging Salisbury
damage to property as a result of
sidewalk being done at 120 South
Bayfront by contractor hired by
City in February, 1988.
(1) Southern California Gas Company So CA Gas
alleging crew installing fire
hydrant hit and damaged their gas
main with backhoe at 3100 Irvine
Boulevard and Mesa Drive on July
26, 1988.
For rejection:
(m) LATE CLAIM of Richard Howell Howell
alleging personal injuries and
property damage as a result of
incident occurring at Balboa Yacht
Basin on September 3, 1987.
(n) LATE CLAIM of Randall Palmer
Palmer
alleging physical abuse and
personal injuries by City Marine
Department Employees at Balboa
Marina on January 13, 1987.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO APPROVE /FILL PERSONNEL
(66)
VACANCIES: (Report from the City
Manager)
(a) One Administrative Clerk, Oasis
Senior Citizen Division.
(b) One G'roundsworker I, Parks
Division.
(c) One Police Records Assistant,
Administrative Division.
(d) One Police Officer, Patrol
Division.
(e) Six Police Community Services
Officers.
(f) One Police Photo I.D. Technician,
Detective Division.
Volume 42 - Page 346
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
12, 1988
(g) One Police Records Supervisor,
Administrative Division.
(h) One Police Communications
Supervisor, Administrative
Division.
(i) One Refuse Worker I, Refuse
Division.
(j) One Refuse Worker II, Refuse
Division.
(k) Two Maintenance Worker I, Asphalt
. Crew, Field Maintenance Division.
(1) One Maintenance Worker I, Concrete
Crew, Field Maintenance Division.
(m) One Maintenance Worker II, Concrete
Crew, Field Maintenance Division.
(n) One Equipment Operator I, Field
Maintenance Division.
(o) One Senior Library Support Clerk,
Library Administration.
(p) One Maintenance Worker II, Field
Maintenance.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Council Policy I -22 - NAMING OF
CITY PARRS.
(b) Report from the City Attorney
regarding joining with County of
Orange on AMICUS BRIEF REGARDING
DEVELOPMENT AGREEMENT LITIGATION.
Council
Policy I -22
(69)
%Atty
(31)
(c) Report from the Parks, Beaches and PB &R
Recreation Director recommending (62)
approval to Waive Facility Fees for
the Grant Bowald Community Youth
Center meeting and storage rooms
for Boy Scout Troop #330.
(d) Report from the Parks, Beaches and PB &R
Recreation Director recommending (62)
approval to Waive Facility Fees for
the Grant Bowald Community Youth
Center meeting room for Brownie
Troop #280.
Volume 42 - Page 347
COUNCIL
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September 12, 1988
(e) Report from Parks, Beaches "' PB &R
Recreation Department recommending (62)
approval to waive Facility Fees for
Newport Harbor Board of Realtors
for use of City Council Chambers
for Candidates Forum.
(f) Report from the Executive Assistant Human Seav/
to the City Manager regarding HUMAN Budget
SERVICES ORGANIZATION ASSISTANCE (25)
REQUEST of approval of grant of
$3,000 to the Huntington Beach
Community Clinic.
10. PUBLIC HEARING SCHEDULING - for
September 26, 1988:
(a) Removed from the Consent Calendar.
(b) RESUBDIVISION NO. 880 - Request of
THE IRVINE COMPANY, Newport Beach,
to approve a vested resubdivision
so as to create six numbered
parcels for office development and
parking, and one lettered parcel
for off- street parking and
circulation purposes, where eight
parcels currently exits on property
located at 6 -11, 19 and 20
Corporate Plaza, in the Corporate
Plaza Planned Community. (Report
from the Planning Department)
(c) APPEAL APPLICATION OF SAID SHOKRIAN
- For USE PERMIT NO. 3317, VESTING
RESUBDIVISION 876, AND RELATED
TRAFFIC STUDY on property located
at 2912 West Coast Highway, denied
by the Planning Commission on
August 18, 1988.
(d) APPEAL APPLICATION OF GRACE
RESTAURANT - For USE PERMIT NO.
1942 AMENDED, on property located
at 2305 East Coast Highway,
conditionally approved by the
Planning Commission on August 4,
1988.
11. RESUBDIVISION NO. 866 - Approve a
subdivision agreement guaranteeing
completion. of the public improvements
required with Resubdivision No. 866
(located at 1400 Dove Street and Newport
Place Drive, in Newport Place Planned
Community); and authorize the Mayor and
the City Clerk to execute the subject
agreement; and approve a subdivision
agreement guaranteeing payment of 1/3 of
the cost of the traffic signal at the
Volume 42 - Page 348
ME
(84)
U/P 3317
(88)
U/P 1942(A)
(88)
(84)
866
is
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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a�� G� 9 September 12, 1988
intersection of Dove Street and Newport
Place Drive if traffic warrants are met
within five years from time of
occupancy. (Report from the Public
Works Department)
12. CANNERY VILLAGE STREET LIGHT ASSESSMENT
DISTRICT - Direct City staff to abandon
the establishment of an assessment
district to construct street lighting
within the Cannery Village area.
(Report from the Public Works
Department)
MINUTES
13. BAYSHORES COMMUNITY SOUNDWALL (C -2574) -
Appcove the plans and specifications and
approve a budget amendment (022) for
additional funds in the amount of
$270,000; and authorize the Mayor and
the City Clerk to execute a cooperative
agreement with Bayshores Community
Association and authorize the City Clerk
to advertise for bids to be opened at
11:00 a.m. on October 13, 1988. (Report
from the Public Works Department)
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. SPECIAL EVENTS PERMITS - Approve,
subject to conditions listed in the
staff report, the following
applications: (Report from Business
License Supervisor)
(a) Application #87 -548 -
Temporary road closure at
Cliffhaven for Harbor Heritage
Run - 2K 8 5K by Harbor High
School P.T.A. on Saturday,
October 15, 1988, 6:00 a.m. to
11:00 a.m.
(b) Application #88 -055 -
Temporary road closure at
Backbay Road for 8K foot race
by Parks. Beaches and
Recreation on Saturday,
November 5, 1988, 8:00 a.m, to
10:00 a.m.
(c) Application #88 -261 -
Temporary road closure at
Backbay Road for Heart and
Soul Classic bike ride by
American Heart Association on
Saturday, October 29, 1988,
8:00 a.m. to 9:00 a.m.
Volume 42 - Page 349
lities
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September 12, 1988
(d) Application # 88 -283 - Use of pli #88 -283
public beach at the bayfrout
beach at 18th Street for dance
exhibition for private party
by Dr. Richard Zahn on
Saturday, September 24, 1988,
5:00 p.m. to 7:00 p.m.
(e) Application #88 -284 - Use of
public beach at 53rd and 54th
Streets for Maui and Sons surf
contest by Parks, Beaches and
Recreation on Saturday and
Sunday, October 1 and 2, 1988,
7:00 a.m. to 5:00 p.m.
(f) Application #88 -318 - pli#88 -318
Amplified sound in a
residential area at Mariner's
Park for Holiday Art and Craft
Fair by Parks, Beaches and
Recreation on Saturday and
Sunday, November 12 and 13,
1988, 10 :00 a.m. to 4:00 p.m.
17. CITY COUNCIIL EXPENSE RECORD - Approve Cncl Expns
Travel Authorization and Expense Record Rcrd
for Council Member Philip Maurer for (33)
attendance! at League of California
Cities Conference in Monterey from July
20 to July 23, 1988, in the amount of
$612.99.
18. BUDGET AMENDMENTS - For approval: (25)
(a) BA -007, $5,000 - Transfer in Budget
Appropriations for City's grant to the
Orange County Marine Institute;
Nondepartmental.
BA -008, $6,645 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for purchase of
computer and printer; Federally Adopted
Forfeiture:.
BA -009, $1.$1,260 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for donations from
Friends of the Library ($7,500) and
grants from Library Services and
Construction Act ($5,000), Art in
Libraries Program ($1,515) and Steel
Foundation ($147,145) for the purchase
of books, office equipment and office
furniture;; Library Fund.
Volume 42 - Page 350
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
September 12, 1988
(b) Increase in Budget Appropriations for
Re— appropriation of Prior Years
Encumbrances as required by Governmental
Accounting, Auditing and Financial
Reporting (GAAFR), (Report from Finance
Director), for the following:
BA -010, $1,308,858.
BA -011, $162,147.33
Recreation Fund.
BA -012, $21,331.04
BA -013, $40,533.77
Sharing.
BA -014, $20,345.17
i5 - General Fund.
- Park and
Library Fund.
Federal Revenue
- State Gas Tax Fund.
BA -015, $298,077.35 - State Gas Tax
Fund.
BA -016, $62,938.04 - Tide and Submerged
Land.
BA -017, $217,230.78 - Contributions
Fund.
BA -018, $208,528.80 - Building Excise
Tax Fund.
BA -019, $73,126.02 - Water Fund.
(c) BA -020, $1,000 - Transfer in Budget
Appropriations for additional work
station for City Attorney's computer
system; General Fund.
BA -021, $14,810 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for refuse
transfer station, funds that were
inadvertently omitted from the Capital
Improvement carry-over list; General
Fund.
BA -022, $270,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations and Increase in
Revenue Estimates for Bayshores
Community Association donations toward
construction of Sound Wall plus City's
share of project; General Fund.
BA -023 (Refer to agenda item D -4)
Volume 42 - Page 351
CITY OF NEWPORT BEACH
COUNCU. MEMBERS
Im
ti
'A�� September 12, 1.988
Motion
All Ayes
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G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Planning Department Tr 11937(R)
regarding Coastal Residential Villa Pt
Development Permit No. 9 for the Villa PC /CRDP#9
Point Residential Condominium
Development, recommended for public
hearing on September 26, 1988, was
presented.
Motion was; made to direct the staff to
transmit what information they have
available at this time on this subject
to the City Council as soon as possible,
and to schedule the following for public
hearing on. September 26, 1988:
Request of REGIS CONTRACTORS INC.,
Newport Beach for -
TRAFFIC STUDY NO. 50 - Request to
approve a traffic study so as to
permit the construction of
a 138 unit residential condominium
development on property located at
1200 East Coast Highway, in the
Villa Point Planned Community; and
VESTING TENTATIVE MAP OF TRACT NO.
11937 (Revised) - Request to revise
a previously approved Tentative Map
of Tract No. 11937 which permitted
the subdivision of 26.9 acres of
land into two lots for residential
condominium development and a
residual parcel not for
development. The proposed revision
to the tentative map includes a
request to approve the subdivision
as a Vesting Tentative Map, delete
Lot 2. from the proposed subdivision
and reduce the number of dwelling
units. from 154 to 138; and
COASTAL RESIDENTIAL DEVELOPMENT
PERMIT NO. 9 (Amended) Request to
amend. a previously approved 1
residential coastal development
permit which established the
affordable housing requirements for
the Villa Point Residential
Condominium Development. The
proposed amendment involves a
request to amend the conditions for
affordable housing within the
subject project.
2. Report from the Public Works Department Channel Prk
regarding CONSTRUCTION OF RESTROOM AND Restrm /Impry
OTHER IMPROVEMENTS AT CHANNEL PARK C -2664
(38)
Volume 42 - Page 352
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COUNCIL MEMBERS
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Motion x
All Ayes
Motion x
All Ayes
CITY OF NEWPORT BEACH
MINUTES
1988
(C- 2664), was presented recommending the
City reject all bids received on August
24, 1988 for subject contract; direct
the staff to reduce the scope of the
park improvements portion of the
project; and authorize the City Clerk to
readvertise for bids for the revised
project to be opened at 10:00 a.m. on
October 13, 1988.
The Public Works Director advised that
the low bidder for the above project,
Greco Construction, did not submit an
addenda with their bid as required.
However, the firm has subsequently
submitted a letter indicating their
willingness to perform the work for the
price as bid, along with references of
their qualifications.
The Public Works Director outlined the
options for Council consideration as
follows:
1. If the City Council finds that
the irregularities in the low
bid are minor, the minor
irregularities can be waived
and the contract awarded to
Graco Construction;
2. If the Council finds that the
irregularities in the low bid
are not minor, the low bid
must be rejected; and
a. The contract may be
awarded to the next
lowest responsive bidder.
b. All bids may be rejected.
John Gray, Vice - President of Greco
Construction, addressed the Council and
stated he was available for questions.
Motion was made to waive the
irregularities in the bid of Greco
Construction.
Motion was made to award Contract No.
2664 to Greco Construction Company in
the amount of $158,632 for the
construction of the Channel Park
Restroom and other improvements.
3. Report from the Marine Department,
recommending approval of HARBOR PERMIT
APPLICATION 8115 -503, Len Miller and
Lawrence Leavitt, subject to the
conditions of approval listed in the
Volume 42 - Page 353
Park
Harbor Perm
Apli11115 -503
(51)
COUNCIL MEMBERS
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_ Motion
All Ayes
0
Motion
All Ayes
Motion
All Ayes
tton
.Ayes
Motion x
Ayes x x
Abstain
CITY OF NEWPORT BEACH
September 12, 1988
x
H.
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1.
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2.
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xIxIxi"IX
staff report to revise the dock bayward
of 503 Edgewater, was presented.
Len Miller, applicant, addressed the
Council and requested that Condition of
Approval No. 7 be deleted, inasmuch as
he felt it was not relevant to what he
was attempting to do, and because he was
not extending his dock into the harbor.
He also felt that if Condition No. 7 was
imposed, it should apply to other dock
owners as well.
Following discussion, the City Attorney
recommended that Condition No. 7 be
amended to read as follows:
"That the applicants must
acknowledge that the land over
which the existing and revised
structure now floats may be City
fee property and not state
tidelands, and that in the future
the City may attempt to charge a
rental fee for the use of the
land."
Motion was made to approve Harbor Permit
Application No. 115 -503 at 503
Edgewater, subject to the conditions of
approval listed in the staff report, as
modified above.
ORDINANCES FOR ADOPTION:
None.
ENVIRONMENTAL QUALITY AFFAIRS CITIZENS
ADVISORY COMMITTEE VACANCY:
Motion was made to confirm (District 6)
Council Member Sansone's appointment of
John H. Anderson to fill unexpired term of
Lloyd Backart ending December 31, 1988.
COUNCIL AD HOC AVIATION COMMITTEE
VACANCY:
Motion was made to confirm appointment
of Robert B. Olds to fill vacancy left
by Dorothy Hardcastle.
Motion was made to confirm appointment
of Dan Gilliland as Alternate Member to
Bob Pendleton.
Motion was, made to confirm appointment
of Bernard: Pegg as Alternate Member to
Robert B. Olds.
Volume 42 - Page 354
Harbor Perm
Hoc
COUNCIL MEMBERS
C',
Motion r,
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Motion x
Motion
Motion
All Ayes
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All Ayes
teen Ix(xIxI"
x
CITY OF NEWPORT BEACH
x
12, 1988
J.
CURRENT BUSINESS:
1.
Report from the Planning Department
General Plan
regarding the Status of the Update to
Update
the General Plan and Local Coastal
Hearing
Program and Request to Schedule Public
(45)
Hearings before the City Council, was
presented.
Motion was made to schedule public
hearing on the General Plan Update for
September :26, 1988, from 2:00 p.m. -
5:00 p.m., and from 7:30 p.m. - 9:00
p.m.
Substitute motion was made to schedule
public hearing on the General Plan
Update at '7:30 p.m, on September 26,
1988.
x
Following discussion, a second
substitute motion was made to adjourn
this City Council meeting to 6:00 p.m.,
September :26, 1988 for regular scheduled
public hearings, and to set 7:30 p.m. as
the time for public hearing on the
General Plan Update.
2.
BICYCLE TRAILS CITIZENS ADVISORY
BT /CAC
COMMITTEE 'VACANCY:
Motion was made to accept with regret
the resignation letter from Ralph
Winter; and confirm (District 6) Council
Member Sansone's appointment of Chad
Napier for term ending December 31,
1988.
3.
APPOINTMENT TO PLANNING COMMISSION:
Planning
Commission
It was noted that the City Council
Appointments Committee had nominated the
following on August 22, 1988:
Thomas Edwards AND Norma Glover
Council Member Strauss stated that
pursuant to Council Policy, two or more
candidates can be nominated for the
subject vacancy, and therefore, he would
like to add the following nominee:
Anita Meister -Boyd
x
Thomas Edwards was assigned the Red
Light;
Norma Glover was assigned the Green
Light;
Volume 42 - Page 355
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ALL September 12, 15188
White
Red x x
Green x x
White
on
Ayes
x
x Ix
x
x Ix
Anita Meister -Boyd was assigned the
White Light:.
Inasmuch as four majority votes are
needed, the above vote failed, and was
taken again, as follows:
Thomas Edwards
Norma Glover
Anita Meister -Boyd
MINUTES
Thomas Edwards was appointed to the
Planning Commission to fill the
unexpired germ of Rena Koppelman, ending
June 30, 1989.
4. Report from Parks, Beaches 8 Recreation Sister
Director regarding proposed resolution City /Antibes
designating Antibes, France as a Sister (33/62)
City, w /memo from Wendell Fish,
President of the Newport Beach Sister
City Association, was presented with a
request for budget amendment in the
amount of ;12,000 for travel and hotel
expenses.
Motion was made to adopt Resolution No. 'Res 88 -94
88 -94, designating Antibes, France as a
Sister City of the City of Newport
Beach.
No action was taken on the request for a
budget amendment.
Meeting adjourned at 10:10 p.m. to 6:00 p.m.,
September 26, 1988, to conduct regular
scheduled public hearings; the General Plan
Update; and regular scheduled agenda for that
date.
The agenda for this meeting was
posted on September 8, 1988, at
10:15 a.m., on the City Mall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
(City Clerk
Volume 42 - Page 356