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HomeMy WebLinkAbout06/24/1991 - Regular MeetingTom Rouse, Newport Beach resident for 20 years, presented Mayor Sansone with a framed photograph of City Hall for incorporation into the City's permanent art collection. nt x x x x x x x A. ROLL CALL., M n S x B. Reading of Minutes of Meeting of All Ayes June 10, 1991, was waived, approved as written, and ordered filed. Motion x C. Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the continued Ord 91 -25 public hearing regarding PROPOSED Zoning ORDINANCE NO. 91 -25, being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT ADDITIONAL USES IN THE MARINERS MILE, CANNERY 9ILLACR/HCFADDEN SQUARE. AND NEWPORT SHORES SPECIFIC AREA PLANS. (PLANMINC COMMISSION AMENDMENT NO. 733) Report from the Planning Department. • It was noted that the subject Ordinance was considered by the City Council at its meeting of June 10, 1991, at which time some changes were made in the permitted uses. These changes specified nail salons as requiring a use permit in all cases, wedding chapels included as requiring at use permit, and the deletion of fortune telling as a permitted use. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -25, with the following three additional findings as recommended by the Assistant City Attorney: 1. 'Chat the specific plan areas should be preserved for uses which provide goods and services essential to, or frequently used, by nearby residents; 2. That those goods and services are not easily attainable at all times, in other areas due to traffic congestion, geographic location, etc.; and, • 3. Fortune telling is not a service frequently utilized by persons patronizing the area and is a permitted use in other areas of the City. • A All Ayes 0 it 1: 13 e MINUTES L H D D G B r S S E L r T G Y , e e 91 -27 Utilities/ E Undergr/ T Asmt Dist 65 1(89) e s d m m t e 1 s 0 d r a 2. Mayor Sansone opened the public hearin regarding PROPOSED ORDINANCE NO. 91 -27 bed, AN ORDINANCE OF THE CITY COUNCI OF THE CITY OF NEWPORT BEAC ARMING DISTRICTING NAP NO. 11 S AS TO ESTABLISH A NEW FRONT TAR SETBACK ON THE BAY SIDE OF FOU PARCELS LOCATED ON TH NORTHWESTERLY CORNER OF EAS BALBOA BOULEVARD AND "C" STREET THE PROPOSED FRONT YARD SETBACK I 74.5 FEET FROM THE FRONT PROPERT LINE ON EAST BALBOA BOULEVARD WHICH IS CONSISTENT WITH TH EXISTING AND PROPOSED RESIDENTIA DEVELOPMENT ON THE FOUR LOTS PROPERTY LOCATED AT 1018 -1024 RAS BALBOA BOULEVARD,. ON TH NORTHWESTERLY CORNER OF "C" STREE AND EAST BALBOA BOULEVARD ON TH RAT OA PENINSULA. COMMISSION AMENDMENT NO. 735) Report from the Planning Department. Ron Yeo, Architect for the propert owner of 1024 E. Balboa Boulevard addressed the Council in support of tb proposed Ordinance. Hearing no others wishing to address tb Council, the public hearing was closed x Motion was made to adopt Ordinance No 91 -27. 3. Mayor Sansone opened the public hearin regarding DNDERGROUNDING UTILITIES ALOE WEST COAST HIGHWAY FROM RIVERSIDE &VEND TO ROCKY POINT (PROPOSED ASSESSMES DISTRICT NO. 65). Report from the Public Works Department The City Clerk advised that after th agenda was printed, a letter wa received in support of the propose Assessment District from Dickson Shafer 2530 W. Coast Highway. In addition, letter was received in protest fro Bertha- Robinson Partnership, 2701 M Coast Highway. The Public Works Director reported the the subject: protest referred to in tb above only represents 5.9% of the tots area of the District. The assessment will be apportioned in direct ratio t the frontage of property having overhea utility lines along West Coast Highway The recommended assessment is $76.33 pe front foot. Hearing no one wishing to address tb Council, the public hearing was closed MINUTES L H D D G B r S S E L r T G Y , e e 91 -27 Utilities/ E Undergr/ T Asmt Dist 65 1(89) e s d m m t e 1 s 0 d r a lkll- Irli311 � F94'15.1 Motion x Motion was made to adopt the following All Ayes resolutions. Resolution No. 91 -60 overruling Res 91 -60 and denying protests and making findings in certain the special ASSESSMENT DISTRICT; Resolution No. 91 -61 approving Res 91 -61 contract for ownership of utility improvements; Resolution No. 91 -62 c onfirming Res 91 -62 the assessment, ordering the Improvements made, together with appurtenances, and approving the wEngineer's Report;`° and Approve Budget Amendment No. 044 BA -044 and loan from the General Fund in the amount of $63,047.28 as an advance to the assessment district until, proceeds from the sale of bonds; have been received. 4. Mayor Sansone opened the public hearing Finance /Fee to consider INCREASING FEES FOR (40) PROCESSING VARIOUS CITY SERVICES. Report from the City Manager with attached list of suggested increases. It was noted that the Budget Committee had reviewed the proposed fee adjustments and recommended approval. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt the following All Ayes resolutions: Resolution No. 91 -63 modifying Res 91 -63 certain fees authorised by Title 13, Title 15, Title 19, and Title 20 of the Newport Beach Municipal Code to become effective July 1, 1991, and rescinding Resolution Nos. 90 -54 through 90 -58. Resolution No. 91 -64 establishing Res 91 -64 fees for copying public records pursuant to Section 6257 of the California Government Code and rescinding Resolution No. 90 -64. Resolution No. 91 -65 establishing Res 91 -65 a revised permit and inspection fee schedule for services performed by the FIRE DEPARTMENT in administering provisions of State law and the Newport Beach Municipal Code to become effective July 1, 1991, and rescinding • Resolution No. 90 -65. Resolution No. 91 -66 amending Res 91 -66 Subsection (A) of Section 12 of the Harbor Permit Policies relating to the Schedule of fees for permits to become effective July 1, 1991, and rescinding Resolution No. 90 -60. A- 1 -.-.- 6C VA& June 24, 1991 ROLL C 9WL 1 11 - raga ass Resolution No. 91 -67 modifying the Res 91 -67 Annual Pier Fee pursuant to Section 17.33.030 of the Newport Beach Municipal Code effective January 1, 1992, and rescinding Resolution No. 90 -62. • Resolution No. 91 -68 establishing Res 91 -68 Mooring Fees and Late Payment Penalty pursuant to Section 17.22.050 of the Newport Beach Municipal Code and rescinding Resolution No. 90 -61. Resolution No. 91 -69 establishing Res 91 -69 a Revised Schedule of Rates for the BALBOA YACHT BASIN effective September 1, 1991, and rescinding Resolution No. 90 -59. Resolution No. 91 -70 modifying Res 91 -70 certain fees authorized by Title 5, Title 7 and Title 12 of the Newport Beach Municipal Code to become effective July 1, 1991. Resolution No. 91 -71 imposing a Res 91 -71 RECYCLING SERVICE FEE and rescinding Resolution No. 90 -47. E. PUBLIC COMMENTS: None F. CONSENT Mo* x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on July 8, 1991: (a) Proposed ORDINANCE NO. 91 -28, Ord 91 -28 being, Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH AMENDING DISTRICTING MAPS NOS. 6 AND 23 SO AS TO RECLASSIFY PROPERTY LOCATED IN THE R -4 DISTRICT TO THE P -C DISTRICT; REMOVING THE SPECIFIC PLAN DESIGNATION FROM THE SITE; AND ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN ON PROPERTY COMMONLY KNOWN AS THE BALBOA BAY CLUB (Planning Commission PCA 739 Amendment No. 739). [Report from the Planning Department] (b) Removed from the Consent Calendar (refer to agenda item G. 3 for • Council action). 11 - raga ass e t June 24, 1991 ROLL C I u]"� �u_ P- w0 - rages aso L, Pass to second reading on July 8, 1991: (c) Proposed ORDIRANCE NO. 91 -30, Ord 91 -30 being, PW /Streets/ AN ORDINANCE OF THE CITY COUNCIL Sdwlks /Crbs OF THE CITY OF NEWPORT BEACH (74) AMENDING SECTION 13.06.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO REQUIRE APPLICATION FEE IN CONNECTION WITH CURB COTS AND OTHER ALTERATIONS TO PUBLIC STREETS. [Report from the Public Works Department] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -72 authorizing Parking /Trf the CLOSURE OF SEASHORE DRIVE, Seashore NEWPORT BOULEVARD AND BALBOA Res 91 -72 BOULEVARD. [Report from the City ( 6 5) (b) Resolution No. 91 -73 ordering the Smry Vaca- SUMMARY VACATION AND ABANDONMENT tion /28th & OF AN UNUSED EASEMENT FOR PUBLIC UTILITY PURPOSES crossing Lot 12, Lafayette Block 324 of Lancaster addition to Res 91 -73 Newport Beach adjacent to 28th (90) Street at Lafayette Avenue, located in the Cannery Village/McFadden Square Specific Plan Area; and direct the City Clerk to have the subject • resolution recorded by the County Recorder. [Report from the Public Works Department] (c) Resolution No. 91 -74 requesting OCUTT /Jam- the Orange County Transportation boree Rd/ Commission to allocate Orange Bk Bay Dr/ County Unified Transportation Trust ( OCUTT) FUNDS for JAMBOREE Ford Rd ROAD HERA ILITATION FROM BACK BAY Res 91 -74 DRIVE TO FORD ROAD (CONTRACT NO. C -2798 2798). [Report from the Public (38) Works Department] (d) Resolution No. 91 -75 establishing parking NO PARKMG RESTRICTIONS from 8:30 Rstrctns/ a.m. to 12:30 p.m. on 28TH STREET, 28th /Npt B] BETWEEN NEWPORT BOULEVARD AND BALBOA BOULEVARD. [Report from & Bal B1 the Public Works /Traffic Res 91 -75 Engineering Department] (85) (e) Resolution No. 91 -76 adopting the Finance /Bd1 FISCAL YEAR 1991 -92 BUDGET. FY'91 -92 (f) Resolution No. 91 -77 determining Res 91 -76(C and establishing an APPROPRIATIONS Finance /Api LIM FOR FISCAL YEAR 1991 -92 in prtns Lmt accordance with Article KIIIB of the California Constitution and Res 91 -77 • Government Code Section 7910. (40) [Report from the Finance Director] w0 - rages aso L, 0 ft,�-ffi ROLL CALL N • • June 24, 1991 (g) Resolution No. 91 -78 establishing the salaries for MANAGEMENT AND OTHER KEY EMPLOYERS FOR FISCAL YEAR 1991 -92, amending the City's Classification and Compensation Plan to reflect said changes, and rescinding Resolution No. 90 -66. [Report from the City Manager w /resolution attached] 3. CONTRACTS/ . (a) Approve an Engineering Agreement and authorize the Mayor and City Clerk to execute subject agreement for PRELIMINARY BRIDGE SEISMIC SAFETY STUDY (CONTRACT NO. 2804). [Report from the Public Works Department] (b) Award CONTRACT NO. 2798 FOR JAMBOREE ROAD REHABILITATION FROM BACK BAY DRIVE TO FORD ROAD to All American Asphalt for the total bid price of $758,815; and authorize the Mayor and City Clerk to execute subject contract. [Refer to report w /agenda item F -2(c)] (c) Award CONTRACT 30. 2776 TO REPLACE RESTROOMS AT GRANT ROWALD AND EASTBLUFF PARKS to KVS Construction Co., Inc., of Long Beach, California, in the amount of $288,000; approve the use of funds from the Grant Howald Park appropriation to complete the restroom at Eastbluff Park; and authorize the Mayor and City Clerk to execute subject contract. [Report from the Public Works Department] (d) Removed from the Consent Calendar (refer to agenda item G. 1. for Council action). (e) Authorize the Mayor and City Clerk to execute a LEASE AGREEMENT FOR TEMPORARY STORAGE WITH THE NEWPORT -NESA UNIFIED SCHOOL DISTRICT. [Report from the Utilities Director] (f) Authorize the Mayor and City Clerk to execute a MUTUAL AID AND INDEMNIFICATION AGREEMENT WITH THE NETROPOLITAN WATER DISTRICT FOR CHLORINE EMERGENCY RESPONSE. [Report from the Utilities Director] (g) Authorize the Mayor and City Clerk to execute a renewal A WITH ORANGE COUNTY FOR CONTINUED CITY USE OF JUVENILE COURT WORK PROGRAM (CONTRACT NO. 2286 - AM6NDED). [Report from the General Services Director] Volume 45 - Page 199 .YlN a !4gm 5 Key Emply Slry °91 -92 FY 2es 91 -78 (66) Sfty Stdy C -2804 (38) Jamboree Rd Rehab /Bk Bay Dr - Ford Rd C -2798 (38) Grant Howald Estblf Prks/ Rstrm Rplcm C -2776 (38) Npt -Mesa Unifd Schl Dist /Temp Strg Ls /Agm C -2867 (38) MWD /Chlrn Emerg Rep C -2868 (38) 0/C Juvenil. Wrk Prg C- 2286(A) (38) • • MINUTES June 24, 1991 (h) Approve the agreement summaries (38) MEMORANDUMS OF UNDERSTANDING (MOU) FOR: [Report from the City's Negotiating Team] CONTRACT NO. 2051 - NEWPORT C -2051 BEACH PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION; CONTRACT NO. 2056 - NEWPORT C -2056 BEACH POLICE EMPLOYEES ASSOCIATION; CONTRACT NO. 2056 - NEWPORT C -2058 BEACH OCEAN LIFEGUARDS ASSOCIATION; CONTRACT NO. 2059 - NEWPORT C -2059 BEACH CITY EMPLOYEES ASSOCIATION; CONTRACT NO. 2060 - NEWPORT C -2060 BEACH FIREFIGHTERS ASSOCIATION; CONTRACT NO. 2065 - NEWPORT C -2065 BEACH EMPLOYEES LEAGUE. (i) Authorise the Mayor and City Clerk 0 /C -CNB Jt to execute recommended AMENDMENTS Purrs Hazar- TO THE ORANGE COUNTY CITIES dous Mat Ag HAZARDOUS MATERIAL JOINT POWERS AGREEMENT (CONTRACT NO. 2760). C -2760 [Report from the City Attorney] (38) (j) Authorize the Mayor and City Clerk Marinapark to execute AGREEMENT REGARDING Mb1Hm Tsfr/ TRANSFER OF MOBILEHOME SPACE 11 -B Sp 11 -B AND COMPENSATION FOR SERVICES AND COSTS, to David Brownstein and C -2869 Doris Brownstein. (38) (k) Award Contract No. 2810 to Vernon 190 -91 St Paving Company for a total bid Misc Recnst/ price of $692,002; and authorize the Mayor and the City Clerk to Rsfrcg Prg execute subject contract for 1990- C -2810 91 STREET MISCELLANEOUS (38) RECONSTRUCTION AND RESURFACING PROGRAM. [Report from the Public Works Department] 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Affairs Committee for TAC response, request from Alesia (85) Erickson, Mariners Elementary Parent, to discuss possible solutions to create a safe route to school for school children crossing IRVINE BOULEVARD BETWEEN 17TH AND 19TH STREETS. (b) To Parks, Beaches and Recreation PB &R Commission for response, letter (62) from Rae Cohen, President, Mariners Community Association requesting TREE PLANTING, SIDEWALK RAMPING for green parks and parkways. Volume 45 - Page 200 COUNCIL MEMBERS MINUTES ROLL \ June 24, 1991 INDEX (c) To Planning Department for Planning inclusion in the records, letter (68) of support from Dorothy Hamm concerning property under construction at 4110 RIVER AVENUE • (MODIFICATION NO. 3840). (d) To Deputy City Manager for reply, COMCAST TV complaint from Jerry Bern (42) concerning COMCAST TV RENEWAL AND POOR SERVICE. (e) To Public Works Department for Parking response, letter from John P. (85) Myers, business owner, requesting that: PARKING BE RESTORED IN FRONT OF THE CITY HAIJ. (f) To General Services Department for GS inclusion in the records, letter (44) front Jane Klatte expressing thanks for great GARBAGE COLLECTION SERVICE BY CITY EMPLOYERS. (g) To Parks, Beaches and Recreation PB &R for inclusion in the records, (62) letter from Ann Spencer urging support for the 200TH BIRTHDAY CELEBRATION OF THE BILL OF RIGHTS WITH THE FIAG POLE AT TELESCOPE POINT ON OCEAN BOULEVARD. (h) To Parks, Beaches and Recreation PB &R Commission for reply, letter from McFadden Square Improvement (62) • Association requesting CITY OPEN 17TH - 19TH STREET AND 22ND - 24TH STREET BEACHES TO YEAR ROUND SURFING. 5. COMMUNICATIONS - For referral to the City Clerk. for inclusion in the records: (a) Copy of letter from Villa Balboa Hoag Hsptl Community Association concerned Expansion with the current proceedings of the PROPOSED EXPANSION OF HOAG MEMORIAL HOSPITAL PRESBYTERIAN. Note:: Revised additional letter received dated June 19 from the Villa Balboa Community Association regarding impact on public view, environmental wetland encroachment, increase in traffic and noise, and the announced expansion within 25 feet of their eastern -most buildings. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Deborah C. Clark alleging personal Clark injuries as a result of fall from • bicycle hitting hole in street on Seashore Drive on April 12, 1991. (b) George E. Doonan alleging vehicle Doonan towed in error on May 19, 1991, from River Avenue near 54th Street; seeking $71 reimbursement towing fee. Volume 45 - Page 201 al MINUTES YI 11i3i7 (c) Catherine H. Hall for trip and Hall fall. on December 5, 1990, as a result of raised sidewalk on south side; of Pacific Coast Highway between Marguerite Street and bus stop; seeking reimbursement for • injuries. (d) Lisa R. Petrikin alleging damage Petrikin to vehicle as a result of being hit by City truck on Narcissus Avenue on May 24, 1991. (e) Joseph I. Scott alleging false Scott arrest on December 5, 1990 at Redstone Plaza Hotel near Airport; resulting in severe emotional stress, etc. (f) Christine Terra alleging personal Terra injuries from tripping over exposed pipe in walkway sustained on March 9, 1991, at Newport Pier. (g) Donna Wall alleging damage to home Wall at 440 Begonia Avenue on May 7, 1991, as a result of sewer backup. 7. SUNMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. • S. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City (66) Manager) (a) One Utilities Crew Chief, Utilities Department. 9. STAFF AND COMMISSION REPORTS For Council information and approval: (a) Report from the City Attorney Planning recommending the termination of (68) the ASSISTANCE LEAGUE OFF -SITE PARKING AGREEMENT. (b) Report from the City Manager with Finance /ndg recommendation of the Budget (40) Committee that a budget amendment be prepared for July 8th Council meeting appropriating an additional $25,000 for the NEWPORT HARBOR SWIMMING POOL REFURBISHING. (c) ARTS COMMISSION memorandum Arts Cmsn recommending acceptance of framed (24) photograph entitled, "City Hall" y Tom Rouse for incorporation into the City's permanent art collection. • For Council information and filing: (d) Report to the City Manager Planning regarding ACTIONS TAKEN BY THE (68) PLANNING COMMISSION ON JUNE 6, 1991. Irrr- s, �. _ ROLL i • l' 1 xis;. 1 4' TIM - ' , June 24, 1991 10. PUBLIC HEARING SCHEDULING: July 8, 15191 - (a) TRAFFIC STUDY NO. 75 - A request by INTERNATIONAL BAY CLUBS, INC. to approve a Traffic Study in conjunction with the redevelopment of the Balboa Bay Club (refer to agenda item F- 1(a)). [Report from the Planning Department] (b) F -1(b) - Removed from the Consent Calendar (refer to agenda item G. 3 for Council action). (c) LOC®LL COASTAL PROGRAM LAND USE PLAN AMENDMENT NO. 23 establishing a policy regarding private oceanfront encroachments on public property. [Report from the Planning Department] July 22, 2.991 - (d) Request by LAKESIDE TOWING SERVICE for Certificate of Public Convenience and Necessity to operate ten (10) tow trucks. [Report from Business License Supervisor] (a) Request by ORANGE COUNTY TAXI to increase the taxicabs authorized to be operated in the City by four (4) taxicabs. [Refer to report w /agenda item F- 10(d)] (f) WEST COAST TRANSPORTATION NETBORK - Request to substitute seven (7) taxicabs and increase by eight (8) the number of taxicabs authorized to operate in the City. [Refer to report w /agenda item F- 10(d)] (g) PLANNING COMMISSION AMENDMENT No. 740 - A request by NEWPORT PLACE DEVELOPMENT CORP. to amend the Newport Place Planned Community District Regulations to reduce the current allocation to retail square footage and increase the allocation to office square footage in Professional and Business Offices Site No. 5. [Report from the Planning Department] 11. GENERAL PLAN AMENDMENT NO. 91 -2 - If desired, sustain the recommendation of the Planning Commission to initiate General Plan Amendment No. 91 -2, and direct staff to proceed with the preparation of any necessary environmental documentation and set for public hearing before the Planning Commission, as follows: [Report from the Planning Department] Volume 45 - Page 203 MINUTES Zoning (94) Planning/ LCP /LUP Amnd 23 (68) Lakeside Towing (70) 0/C Taxi (27) West Coast Trsnp Ntwrk Taxi (27) PCA 740/ Zoning (94) GPA 91 -2 (45) COUNCIL MMER5 0 • • June 24, 1991 407 Bolas, Avenue: A request to amend the Land Use Element of the Newport Beach General Plan to redesignate the easterly 95± feet of Lots 5 and 6, Block 6 of Tract 27 from Retail and Service Commercial to Two Family Resident. 12. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following applications, subject to conditions listed in the staff report: (Report from Business License Supervisor.) (a) Application No. 91 -187 - Removed from the Consent Calendar (refer to agenda item G. 2. for Council Action) (b) Application No. 91 -208 - Mary Fuller has requested residential use of amplified sound for her wedding at Lookout Point, Ocean Blvd. at Goldenrod, on 9/14/91 from 10:00 to 11:00 AM. (c) Application No. 91 -217 - Lido Sailing Club has requested the use of amplified sound for their 20th Anniversary Party at 3300 Via Lido parking lot on 6/27/91, from 5:00 to 10:00 PM. (d) Application No. 91 -209 - Rick Cole Car Auctions has requested the use of amplified sound for their car auction at the Hyatt Newporter Resort on July 6 and July 7, from 10:00 AM to 6:00 PM. (e) Application No. 91 -219 - Cornerstone Church has requested the use of amplified sound for their outdoor concert /outreach at the Gazebo in Peninsula Park on 8/31/91 from 8:00 to 10:00 PM. 13. NONSTANDARD IMPROVEMENTS AGREEMENT - Approve a Nonstandard Improvements Agreement permitting the construction of textured sidewalk within the 32nd Street, Via Oporto and Via Nalaga parkways adjacent to 503 32nd Street; and authorize the Mayor and City Clerk to execute the agreement and have it recorded. [Report from the Public Works Department] Volume 45 - Page 204 MINUTES Bus License/ Spcl Events (27) Apli 91 -2Q8 Apli 91 -217 91 -209 Apli 91 -219 Permit /32nd St /Via Oporto/ Malaga r -j- (65) LOCO L' 2A i =�,3 -WI :i 3 Z ROLL \RY\\A\\ �¢ \ \ June 24, 1991 iklolk 17 f ri�'i 0 14. NEWPORT SHORES PARR - Approve the plans Npt Shrs Pr and specifications for Newport Shores C -2791 Park (Contract No. 2791); and authorize (38) the City Clerk to advertise for bids to be opened at 11:00 a.m. on July 15, 1991. [Report from the Public Works • Department] 15. INSPIRATION POINT AND LITTLE CORONA Insprtn Pt/ OVERLOOKS, CURB AND ACCESS RAND Ltl Corona CONSTRUCTION IN EASTBLUFF AND HARBOR Crb /Aces Rm VIEW HILLS„ AND SIDEWALK CONSTRUCTION IN CORONA DEL. MAR (CONTRACT NO. 2748) - Cnstr /Estbl Accept the work, and authorize the City HrbrVuHls/ Clerk to file a Notice of Completion and Sdwlk Custr release the bonds 35 days after the CdM Notice of Completion has been recorded in accordance with applicable portions C -2748 of the Civil Code. [Report from the (38) Public Works Department] 16. BUDGET AMENDMENTS - For approval: (40) BA -044 - $63,047.28, Increase in Budget Appropriations and decrease in Unappropriated Surplus to provide for loan from the General Fund as an advance to Assessment District No. 65, UNDERGROUND UTILITIES FOR THE WEST COAST HIGHWAY UNDERGROUND UTILITY DISTRICT until proceeds from the sale of bonds has been received; General Fund. [Refer to report w /agenda item D -3] BA -045 - $4,000, Increase in Budget Appropriations and Revenue Estimates to provide for additional revenue from COMMUNITY DEVELOPMENT BLACK GRANT; Community Block Grant Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Public Works Department Irvine Av/ recommending the City Council waive the Santiago Dr irregularity in the bid proposal of Imprvms/ Excalibur Contracting, Inc., as inconsequential, and accept their bid; Irvine Reba and award CONTRACT NO. 2641 FOR IRVINE 16th /Santi- AVENUE AT SANTIAGO DRIVE INTERSECTION ago Dr IMPROVEMENTS, AND IRVINE AVENUE C -2641 VERABILITATION BETWEEN 16TH STREET AND (38) SANTIAGO DRIVE to Excalibur Contracting, Inc., for a total bid price of $632,404.70; and authorize the Mayor and City Clerk to execute subject contract. The Public Works Director informed the City Council that a written protest against the award of the subject contract to the apparent low bidder had been received from Excel Paving Company, and that he had removed this item from the Consent Calendar in order to afford the protesting contractor an opportunity to address the Council, if in • attendance. The Public Works Director advised that three letters had been received from Excel Paving Company dated June 14, 21 and 24, 1991 regarding their protest. These letters were responded to by ROLL CRLL \ t Aloeses Motion All Ayes Mo ion Motion Ayes Noes • x �f x x I x I x I x I x x June 24, 1991 memorandum from the City Attorney and a supplemental report from the Assistant City Attorney, and duplicated for Council's information. Mayor Sansone asked if anyone wished to be heard on this matter, and hearing no response, Mayor Pro Tem Turner made a motion to approve the recommended action as set forth in the foregoing. Report from the Business License Supervisor, recommending approval, subject to conditions in the staff report, of Special Events Application No. 91 -187 - Michael Lawrence and Jeff Mayhew for amplified sound for their House and Beach Party at 6900 W. Ocean Front #A on 6/29/91 from 5:00 to 11:00 PM. Motion was made to approve the subject permit, with the change in time for amplified sound to terminate at 9:00 p.m., rather than the requested 11:00 p.m. MINUTES Bus License/ Special (65) Report from the Planning Department Zoni recommending introduction and public (94) hearing scheduling on July 8, 1991, of a proposed ordinance concerning skylight heights. Council Member Hart indicated she did not feel the subject ordinance was necessary, inasmuch as the existing height limits will allow skylights; and therefore, made a motion to receive and file the proposed ordinance. Council Member Hedges opposed the above motion, stating he felt the ordinance warranted a public hearing prior to disposing of it. Mayor Pro Tem Turner commented he was also apprehensive about filing the document without the benefit of public input; and therefore, made a substitute motion to introduce and schedule for public hearing on July S. 1991, proposed ORDINANCE N0. 91 -29, 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 ALLOW SKYLIGHTS TO EXCEED THE ALLOWABLE BUILDING HEIGHTS (Planning Commission Amendment No. 734). Reference was made to the heavy agenda calendar for July 8; and therefore, Mayor Pro Tem Turner amended his motion to re- schedule the above hearing for July 22, 1.991. Volume 45 - Page 206 91 -187 91 -29 PCA 734 0 Motion All Ayes Green Red G• Red r 1, da ra ix Green x x x x Red x x x Green Red do Red x x x X1 x ix ix Ix ix Ix I x Green x x x x Red x x x Green Red do Red x x x x ix l l l l l x June 24, 1991 H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -26, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.13.170(£) OF CHAPTER 5.13 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TOW TRUCK REGULATIONS. Recycled report dated June 10, 1991 from the City Attorney. Notion was made to adopt Ordinance No. 91 -26. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO BOARDS AND COMMISSIONS: The following appointments were confirmed for: BOARD OF LIBRARY TRUSTEES John Nicoll was assigned the green light; and Walter Koch was assigned the red light. John Nicoll was reappointed to 4- year term ending June 30, 1995. Nancy Jones was assigned the green light; and Sally Schroeder was assigned the red light. Nancy Jones was appointed to 4- year term ending June 30, 1995. CITY ARTS COMMISSION Shelli Stewart was assigned the green light; and Roya Fouladi was assigned the red light. I Shelli Steuart was rea inted to 4 -year term ending June 30. 1995. Phyllis Drayton was assigned the green light; and Cathy Anderson was assigned the red light. Phyllis Drayton was reapminted to 4 -year term ending Jame 30, 1995. Marilee Stockman was assigned the green light; and Charlene Fisher was assigned the red light. Marilee Stockman was reappointed 5o 4 -year term ending Jame 30, J95. Volume 45— Page 207 •iLYi.TiI� Ord 91 -26 Tow Trk Regs (70) Bd Library Trustees City Arts Commission June 24, 1991 ROLL CRLL Green R• Green Red Green Red GO Red Green Red Motion All Ayes MINUTES NNEUM Civil Ser- vice Board Parks, Beaches 6 Recreation Commission Planning Commission Council Ad Hoc /Histori cal Preser- vation Cmte Res 91 -79 (24) CIVIIL. SERVICE BOARD (Board Nominee) Robbie Snow was assigned the green light; and Paula Godfrey was assigned the red x x x x x x x light. Paula Godfrey was annointed to 4- year term endive June 30, 1995. PARRS, BEACHES AND RECREATION COMMISSION x x x x Phillip Glasglow was assigned the green light; and x x x Cherie Hart was assigned the red light. Phillip Glasgow was avoointed to 4 -year term ending June 30. 1995. • x x x x x x Taylor Grant was assigned the green light; and Bill Schonlau was assigned the red light. Taylor Grant was reamointed to 4- year term ending June 30, 1995. PLANNING COMMISSION • x x x x x Barry Gross was assigned the green light; and x David Brower was assigned the red light. Barry Gross was avoointed to 4- yea term ending June 30. 1995. • x x x x x x Gary DiSano was assigned the green light; and Ed Lavelle was assigned the red light. Gar DiSano was reavuointed to 4- year term ending June 30. 1995. J. CURRENT BUSINESS: 1. Proposed resolution ESTABLISHING AN AD HOC HISTORICAL PRESERVATION COMMITTEE. x Motion was made to adopt Resolution No. 91 -79 establishing subject committee; and appoint: Council Member Hart, Chairman Council Member Hedges, Vice -Chrm Dee Dee Masters, Representative from Corona del. Mar James C. Person, Representative from Balboa Bill Schonlau, Representative from McFadden Square/Mariners Mile area; n..l... -.. AG _ A...... Ono NNEUM Civil Ser- vice Board Parks, Beaches 6 Recreation Commission Planning Commission Council Ad Hoc /Histori cal Preser- vation Cmte Res 91 -79 (24) 0 • • June 24, 1991 (deferred to 7 -8 -91) Representative from Balboa Island Bill Grundy, Representative from the Newport Beach Historical Society Bill Hendricks, Recognized City Historian Phil Edmonston, Architect experienced with historic preservation. Meeting adjourned at 7:45 p.m. The agenda for this meeting was posted on June 20, 1991 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Volume 45 - Page 209 MINUTES INDEX