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5TH AND MARGUERITE CDM_02_LEASE_DOCUMENTS
Q C*EW ITT c4<icoR" �r DATE: To: FROM: SUBJECT: of Community October 21, 1977 R. V. Hogan, Director ' Devel�ment Patricia Temple, Assistant Planner Amendment to Community Development Block Grant Program to Provide for Transference of Responsibility On August 30, 1977, a Transference of Responsibility Agreement was executed between the County and the City of Newport Beach. Due to typographical errors and format problems, the County Auditor - - Controller has determined the existing agreement to be unacceptable. The new agreement incorporates the following changes: 1) For the purposes of the Auditor -Controller," changes in each program year must be kept separate from each other.. Therefore, rather than the co -mingling of first and second grant years funds, each year has been handled separately. Year One: Land Acquisition and/or Development: Citizens Committee: Year Two: Land Acquisition and/or Development Citizens Committee: $100,000 is changed to $107,132 $ 13,697 is changed to $ '6,565 113,697 TI13,697 $200,000'is changed'to $207,929 $ 15,000-is changed to $ 7,071 215,000 215,000 This has no effect on the amount of funds still available, $36,875 plus unexpended lease monies from the second year to bring the total to $50,000. 2) A typographical error in the original transference agreement limited expenditure of funds to land acquisition. The new agreement adds Facility Development to allowable activities. This new agreement should be formally adopted by.Resolution of the City Council with three original signature copies forwarded to the Board of Supervisors for its hearing on November 1, 1977. PT:jmb 30 September 1977 Mr. Earl Fields Program Manager Department of Housing and Urban Development Los Angeles Office 2500 Wilshire Blvd. Los Angeles, CA 90057 Dear Mr. Fields, Attached you will find a copy of the document reconveying the property at Fifth and Marguerite to the California State Department of Transportation. If you need additional documents on the subject, please call me. Sincerely, ROBERT L. WYNN RWL:bb Attachment City Hall ,p 3300 Newport Boulevard, Newport Beach, California 92663 L' • 1564 6X 1582PS 146 is AND WHEN RECORDED MAIL TO rITY OF NEWpon BEACH 3300 Newport Blvd. Newport Beach, CA 92660 s Jdreu `"" Lttn: I4ir. Robert Wynn °,° r lT '. 1J _o �n TITLL ORGSR NO. TO 430 CA 11 •75) TITLROPFICCA ff CIO 7? RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA or "In. 1. p � DEC 3.1975 Past 1. 6tly!IE CAOME, Capnty i?scordar SPACE ABOVE THIS LINE FOR {Full Raconvayance A.P.N. USE Title Insurance and Trust Company, a California corporation, as duly appointed Trustee under Deed of Trusthereinafter referred to, having received from holder of the obligations thereunder a written request to rgconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to The person or persons legally entitled thereto, the estate now held by it thereunder. Said Deed of Trust was executed by City of Newport Beach Trustor, and recorded in the official records of Orange County, California, as follows: REC. • 5/2/75 XiituC AS INSTR. NO. 2440 IN 600HiR= 11392 PAGEIIbfi[= 1899 Refer To aced of Trust Descifbed rl- 18 For Descr pit of Fropet- In Witness Whereof, Title Insurance and Trust Company, as such Trustee, has caused its corporate name and seal to be hereto affixed by its Assistant Secretary, thereunto duly authorized on the date shown in the acknowl. . edgement certificate .shown below. Title Insur eneeaan-d Trust Company, as such Trustee $Y STATE OF CALIFORNIA, l Assistant Secretary COUNTY OF Los Angeles }SS. On November 28, 1979 , before me, the undersigned, a Notary Public in and for said State, personally appeared L. C. Sigler . known to me to be an Assistant Secretary of TITLE INSURANCE AND TRUST COMPANY, the corporation that executed the foregoing instrument as such Trustee, and known to me to be the person who executed said instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same as such Trustee. WITNESS my hand and official seal. nm•VI•. urn a ^ I.......M.: „r;irvi rr••n•n••m•S mminhtmmmium3 . :2.PNHA ity Clerk • 'ity-of 14ewport Beach 3300 Newport Blvd. Newport Beach, CA. 0 errs Use CORPORATION GRANT DEED FOR A VALUABLE CONSIDERATION,'receipt of which is hereby acknowledged, the CITY OF NEWPORT BEACH, a Municipal Corporation, hereby grants to the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION•, the following described real property in the County of Orange, State of California: That portion of Blocks 93 and 96 of The Irvine Subdivision, as shown on a Map recorded in - Book 1, page 88 of Miscellaneous Maps, records,. of Orange County, described as follows: Beginning at,the intersection of the Northerly extension of Fortieth Avenue, now known as Narcissus Avenue,, with the Northeast line of Corona del Mar as said center line and North- east line are shown on a Map recorded in Book 3, pages 41 and 42 of Miscellaneous Maps, .records of Orange County, California, said Northeast line being the Southwest line of said Block 96; thence North 50114'20" West along said tract and block line and the South- west line of said Block 93 to the Northeasterly' extension of the center line of Thirty-sixth Avenue as shown on said Corona del Mar Map, now known as Jasmine Avenue; thence'North 52'34120" East 197.40 feet to a point in a curve, the radius point of which bears North 37036110" East 49Q5.00 feet from said point, thence South- easterly along said curve through a central angle of 8°10'30", a distance of 699.85 feet to the beginning of a tangent line; thence South 60114120" East along said tangent line.485.00 feet; thence South 39*15130" West 349.75 feet, to the point of beginning. EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances in and under said land, together with the right to explore for, develop, extract and remove the same therefrom by slant drilling or other like methods, with derricks or drill rigs located outside of the boundaries of said property,,'as reserved in the deed from The Irvine Company, a corporation, recorded May 5, 1959, in Book 4698, Page 478 of Official Records. i EXECUTED this ry day of iyo ✓k12' p, '1975. CITY OF NE6IPORT BEACH, A Municipal Corporation ATTEST: City Clerk G� STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On November 4 1975, before me, the undersigned, a Notary Public, in and for said state, personally appeared Donaknown to me to be the Mayor and , known to me to be the City Clerk bf t e municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the municipal corporation therein•named, and acknowledged to me that such municipal corporation executed the within instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. �y D T "B PALEN NOTARY PUBLIC-C•CALIFORiIIA PRINCIPAL OFFICE IN ORANGE COUNTY Notary Public 7,Zij and for said State CITY OF NEWPORT BEACH , PARKS, BEACHES & RECREATION DEPARTMENT Revision (second) of County of Orange "APPLICATION FOR REVENUE SHARING SOCIAL PROGRAMS FUNDS" October 3, 1977 (Telephone conversation with Dina Fishback of Supervisor Riley's office) Page # City of *New Item Revenue of Original Line Newport Beach's **Different figures (Both above relating to Sharing Items Share City of N.B. original Funds Application application or 1st revision) 13 A. Salaries: Coordinator $ 7,140.00 $ 7,140.00 (includes benefits) Assistant to Coordinator 4,706.50 * 2,912.50 (includes benefits) ( Based on Salary of $ 6,245.00 +1 ,374.00 benefit's 7,619.00 ) �13 B. Operating Expenditures $ 1,332.50 total' 1,332.50 total ( $ 300 Utilities ( $ 300 100 Telephone 100 100 Mileage 100 250 Office ** 250 Supplies 350 Program ** 350 Supplies 100 Maintenancel 100 100 Postal & 100 Freight 32.50 k6tag 32.50 & Dues Page Two Page #+ City of *New Item Revenue of Original Line Newport Beach's **Different figures Sharing Application Items Share Funds 14 D. Property & Equipment 1. Equipment $ 473.00 Total $ 03.00 Total • ( $ 60.00 Used type- ** ( $ 60.00 writer 25.00 Typewriter ** 25.00 table 100.00 Refrigerator ** 100.00 88.00 Record ** 88.00 Player 100.00 Stove ** 100.00 100.00 Directory * 100.00 ) Board ) Sub Totals $ 13,632:00 $ 11,838.00 In addition: B. 9c Building Mtc. 11,000.00 - 0 - D. 3 Furnishings 4 Renovation 4,000.00 10,000.00 - 0 - - 0 - Grand Totals $ 11,838.00 $ 38,632.00 Page Three Note: E 1. Revenue Sharing Office stated October 3, 1977 that they might not approve funding of "benefits" for personnel. They will inform us and send amended form. 2. Revenue Sharing approved $11,194.00 i� SUPERVISOR. FIFTH DISTRICT THOMAS F. RILEY CHAIRMAN OF THE BOARD OF SUPERVISORS ORANGE COUNTY ADMINISTRATION BUILDING SIS NORTH SYCAMORE, P.O. BOX 687. SANTA ANA.CALIFORNIA 92702 PHONE: 634-3SSO (AREA CODE 714) October 4, 1977 Honorable Board of Supervisors County of Orange 515 North Sycamore Street Santa Ana, California 92701 Gentlemen: SUBJECT: Funding for Newport Beach OASIS Center NARRATIVE: Revenue sharing social programs --funding of the Newport Beach OASIS (Older Adults, Social, Information and Services) Center for 12 months, commecing October 15, 1977, for $11,193.34 on a one -time -only basis. Submitted for your consideration is a request to approve a revenue sharing social programs grant .for the Newport Beach OASIS Center in the amount of $11,.193,34. The' OASIS Center is a multi -purpose neighborhood community center for older adults, where they can meet to fulfill social, physical, and' intellectual needs, obtain information, and social services. Matching funds on a one -,to -one basis will be provided by the City of Newport Beach to support this project. A revised budget for the OASIS Center is attached for your consideration. RECOMMENDED ACTION: Approve the funding of the Newport Beach OASIS Center on a one -time -only basis. The funding is effective for a 12-month period beginning October 15, 1977, Transfer $11,193.34 from the revenue sharing unallocated account number 1221-420-001-900--LY to account number 1221-310-839-570-LH. R ectfully Thomas F. Ri Chairman of TFR:fbr Attachment C COUNTY OF ORANGE APPLICATION kOR REVENUE SHARING SCCI.aT 2P �L £U MS 1977-78 PROGRWM SM-WARY 1_ Sponsor = Clty of Com Program n ty ctr"(OASISUOIderM Newport Beach -Parks, Beaches & Recreation Depk Adults, Servacesinenzertion & 4. Program Address, City, Zip ff,7,5- 3300 Fifth AvenueqCorona del Mar, Ca. 92625`J- C% 7. Program Contact Person 8. Address) Te.Lepnonn 3300 Newport Blvd. !ors. Julia E. O'Shaughnessy. Newport Beach, Ca. 92663 - 10. Geographic Area to 1: served Newport Beach, particularity east of Newport Bay 12. Current FY'1976-77 $ — Requesting PY 1977-78 $ 25,09 5 Total Program nuuyj (a) Current, FY 1976-77 (b) Total Proposed FX 3_ Program Nm ber (Office Use) 5. Telephone 640-2271 6,Guideline Program Renewal Request New Request (X) 11- Target Population Older adults - 50 years and older .13-- — of Other sources Funds FY 1976-77 S FY 1977-78 • $$ 25,0_ 95 _ B Salaries & Benefits Operating Ex?enditures Insurance & Bond Property & Ecuipment other i'OTr1L $ 50,190 $ 14,280 $ LG,JYJ $$ c0,190 15. Brief Program Description. A multi -purpose neighborhood community center for older adults where they can meet to fulfill social, physical and intellectual neeediainb`socialain �servicento and social services; and give to the community by providing others. A Senior Citizens Coordinator will oversee the administration of facility and programs, but the participation and initiative of the members themselves has been the guideline for suggested programs. 0 S Fxri�INCIAL zr ORN , ZOO' 37. Budget Swmnary Sheet A, Total Operating Budget (Current Year) SOURCE OF FUNDING ALIOTNT 2. 3. 4. TOTAL: $ -- ]a. Total Operating Budget (Proposed) October 1.1977 - September 30, 1978 SOMCB OF FUNDING At:OUrIT l_ Revenue Sharing , :2-. City -Funds., _ _ ' /�� �%✓2 3 ._. .:_—T:;:'- -3. 4. Toxfw: � 1'l 38. BUDGET SCHEDULE PROPOSED BUDGET FOR RECOMMENDED CURRENT YEAR YEAR ENDING JULY 31, NET DIFFERENCE REVENUE SHARI BUDGET . LINE ITEMS OPERATING BUDGET 1977 Other (office Use On A. Salaries & R/S Other R/S Benefits 770• 1. Salaries 2. Benefits (Specify) q ey y! 3r 7 r �f I3.r17 �f93 r17 a)..F(GA �9Gr�c� 39�: �a • b) s01 .3q�-�D c-" d) e) f) % ✓ 8 /, O SUB -TOTAL: B. Operating Expen- ditures 1. Rent (cost per Sq. ft. ) 3 � 2. Utilities 3. Telephone /OO •4. Mileage 5. Office Supplies ��• 6. Prog.Supplies 7. blaint.Supplies 8. Conferences & Conventions (See #41 ) 9. Other (Specify) a)p05-f qe c3�:J71 b)pUbltc�:NoJs' 19005 �) 3 32 ' SUB -TOTAL: 11 -tR_ n„rim,,t schedule (continued) CURRENT YEAR OPERATING BUDGET PROPOSED BUDGET FOR YEAR ENDING JULY 31, 1977 NET DIFFERENCE RECOZ84EN➢ED REVENUE SHARIZ BUDGET LINE ITE14S R/S Other R/S Other (OM ce Use O . C. Insurance &Bond 1. Liability 2. Other (Specify) a) ' 3. Bond SUB -TOTAL: D. Property & Equip- ment 1. Equipment q ?3 �Iry3 7 1 2. Furniture 3. Furnishings 4. Other (Specify) a) b) 7 SUB -TOTAL: E. Professional Services-- 1. Consultant Fees 2. Bookkeeping/ Accounting SUB -TOTAL GRAND TOTAL 14 FIXED ASSETS • 40. - Please itemize any fixed assets (desks, typewriters, program equipment, etc.) which are included in your budget. AMOUNT ITEM 41. Schedule of Conferences.• Please give the following information for each conference or'convention for which funds are being sought. Name of Conference Description Location Estimated Cost Name of Conference Description Location Estimated Cost Name of Conference Description Location Estimated Cost 16 A, Current • TOTAL HOURS/ TOTAL FUNDING SOURCE PART m Department of Community Development u z C'9ClFO RN`P DATE: TO: FROM: SUBJECT: '5-24-77 `1°q6 13-77 Latter part of July 16-77 Oil 8-30-77 �p:9r 8-77 September 19, 1977 Log of events re Carden School. Prepared information addressed to the Director regarding installation requirements for relocatable buildings. City Manager's memo to Council indicating information also was sent to Carden school. Received a call from George W. Jenkins of Action Mobile Office Rentals. Discussed in detail the code requirements relative to the installation of relocatable buildings for classroom use. At this time require- ments for fire alarms, special hardware and anchoring were discussed. Meeting held in Mr. Hogan's office. Mr. Wilson of Carden school was called. Discussion was held via the speaker phone among _Gene 01L� Cich, Chief Plan Check Engineer, Jim Hewicker, Bob Fowler amend Mr. Hogan. We discussed installation requirements including anchors, (Cich contacted Jenkins and obtained an estimate of cost for ahchUrs which was passed on to Mr. Wilson)fire alarm system and hardware requirement. Use Permit approved. The Department discovered relocatable buildings had been moved onto the Carden school site. A red tag was placed on the job at 10:45 A.M. stating "Stop work on relocatable buildings until appeal period has expired on Use Permit and building permit has been obtained." This was hand delivered to the office by Chief Inspector Kirkhart. Received a call from Mr. Wilson. He stated that he had an electrical contractor standing by to connect the relocatable buildings. He asked if a permit could be issued for the work. He was informed that it would be the following day before the appeal period was up. The method of installing the electrical (overhead or underground) was discussed in some detail. Discussed bond requirements also. 9-13-77 See Cich's log. i Department of Community Development CgCI FORNP DATE: September 15, 1977 TO: Bob FROM: Cich SUBJECT: Carden Hall School Modular Buildings 9-13-77 Ted Kirkhart went by the subject site and found that the trailers were being occupied by school children. He informed me of this and I told Hogan. Hogan contacted the City Manager and the City Attorney and the decision was to put a Violation Notice on this job. A copy is attached. When Ted was at the job he asked the people in the office if they had a permit and they stated that they did. Research of our files found this to be incorrect as the only permit they had at this time was a Use Permit from the Planning Division. 9-14-77 'Wilson came to the Building Division and spoke to me. I told him he would need a permit and have to have a plot plan and the drawings. I outlined to him everything he would need. He insisted that he had never been told he needed a building permit and this was the fifst time he had heard of it. It is stated on the red tag, 8-30-77, and on the Violation Notice, 9-13-77, that he needed a building permit. He was'in error because approximately a month ago when we had the meeting in Hogan's office on this job he was told by Hewicker and was also informed that he needed a building permit by Fowler 9-6-77. He insisted that I show.him in the code where hold downs were required. I got the code book and showed him Section 2308 in the building code which indicates that all buildings must be designed for wind pressure. I later pointed out to him also Section 2314(h) which covers overturning of buildings. I made him write everything down that he needed so that there would'be no mistake. He was very angry when he left our Department and he went immediately to the City Manager. Wilson told the City Manager that Cich could not,show him in the code where holddowns were required. I did tell.. Wilson that if the masses of concrete were adequate it is possible that an engineer might.be able to design it using these masses of concrete to withstand the wind forces. Later in the day Wilson called again and asked me if holddowns were needed oh'house trailers in this town. I told him this was a State code and not governed by the Uniform Building Code. Later in the day I was on the phone to Mutch at I.G.B.O. on another problem. I discussed this trailer holddown problem with him. He agreed with the answer I had given earlier. I later found that Wilson had contacted the City Manager and made arrangements to go to the Council Monday, September 19 to%plead his case. He is requesting that he not be required to get a building permit, that he not be required to tiedown his trailers, that he not be required to post the $1,000 bond. s f 14, A meeting is planned with the City Manager, Hogan and yourself Friday morning, 8:00 a.m. Thought this memo would help you prepare.for that. POOR.:,,. QUALITY ORl"GI : NAL (S) 0 5 NEWPORT BEACH, CALIF. COMMUNITY DEVELOPMENT DEPARTMENT N� 1 1 BUILDING DIVISION City Hall,• 3300 Newport Blvd: 640-2161'• ' VIOLATION ' NOTICE' " ; ' Owner0,A,�%J.(,7..... �.� 10Q..G...........: Permit No..,./..: ..........:.:........................ Mailing Address .. .y> ...^.." .."'` .. ..(fie �.... Qrt?f? r ,--� ��..1..�'..!!� ',s..!................. Re: Violation of: �'7..`.�.�............,..../.�F'....�-.r--?.C......�..:/..�!.�.t�/i%I....�o.%�.�afie................�..a............. Violation occurred !�5. �'/r` :.._`..._..:.:........ _...................................... The following provisions must be complied with within ... f0............ days from the date of this notice, or by ................................................... :..................................................... ................ -........................ -................... ..... (Failure to comply•is,a misdeameanor punishable by a fine of $500.00 and/or 180 days imnrisonment_1 , 15.04.020-15.04.030 BUILDINGS AND CONSTRUCTION a part hereof as fully and for all intents and purposes as though set forth herein at length, shall be and the same are hereby established and adopted as (` the rules, regulations, provisions and conditions to be observed and followed in the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and stnictures in the City providing for issuance of permits and collection of fees therefor; providing penalties for violation of such Code, declaring and establishing fire zones, except as in this Code modified, amended or otherwise changed; and subject to said additions, deletions and amendments hereinafter set forth, said Code is hereby established and adopted and the same shall be designated, known and referred to as the "Building Code" of and for the City of Newport Beach. (Ord. 1604 § 1 (part), 1975). 15.04.020 Addition of Section 103.5 to the Building Code. Section 103.5 is added to the Building Code, liereinbefore adopted in Section 15.04.010, to read: "Sec. 103.5 Construction in, on or over water. All construction work in, on or over the Pacific Ocean, Newport Bay or other water in which the tide ebbs and flows is regulated by Title 17 of this Code; provided, however, all construction, alteration, moving, demolition, repair and use of any building or stricture located upon, in or over said waters shall comply with the standards established in the Building Code. No person shall do any such C_ work without complying with the provisions thereof." (Ord. 1604 § 1 (part), 1975). 15.04.030 Addition of Section 108 to the Building 'Code. Section 108 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: "Sec. 108 Trailer Use and Occupancy. _ A. Location Restricted to Parks. No person shall place, stand, locate or park any occupied automobile trailer, house trailer, mobile home, camper, or other type of vehicle designed for human habitation any place within the City of Newport Beach, except in a trailer park or mobile home park operating under a current.permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California, and subject to a use permit as provided in Title 20 of the City Code. B. Use and Occupancy. No person shall use or occupy or permit the use or occupancy of any automobile trailer, house trailer, mobile home, camper or similar vehicle owned by him or under his control for any residential or business purposes at a fixed location within the City of Newport Beach other than within a trailer park or mobile home park - operating under a current permit.issued pursuant to Parts 2and 2.1, Division 13, of the Health and Safety Code of the State of California, and subject to a use permit as provided in Title 20 of the City Code. (Newport Boach 4.15.75) 296 BUILDING CODE • 15.04.040--15.04.050 C. Temporary Construction Use. An automobile trailer, house trailer, mobile home, camper, or similar vehicle may be located, occupied and used on premises in the City where constriction work is in progress for the purpose of a construction office or for temporary lodging in connection with the construction work. Any person seeking such use or occupancy shall apply for a permit therefor from the Building Official. Such permit shall be issued only when the use and occupancy comply with other provisions of this Code and upon a determination by the Building Official that under the circumstances of the particular case, the proposed use or occupancy will not adversely affect the health, peace, comfort, morals, or welfare of the proposed occupants or the public. Such permit shall be revocable under a determination by the Building Official that the actual use does adversely affect the health, peace, comfort, morals or welfare of the occupants or the public. Revocation shall be effected by the Building Official only after five (5) days' written notice to the permittee and an opportunity for the permittee to be heard. Notice may be by ordinary mail to the last known address of the permittee. Any aggrieved person may appeal any decision of the Building Official to grant, deny or revoke a permit to the City Council. The City Council shall decide the matter after the permittee and person appealing have had an opportunity to be heard before the City Council. Notice of the date the matter shall be heard by the City Council shall be given in writing to the permittee and the person appealing. Notice may be by ordinary mail to the last known address of each. D. Minimum Trailer' Ground Area. The minimum area of ground that must be provided in a trailer park or mobile home park in the City of Newport Beach for the exclusive use of each house trailer, mobile home or unit and its appurtenances, is 875 square feet." (Ord. 1604 § I (part), 1975). 15.04.040 Addition of Section 109 to the Building Code. Section 109 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: "Sec. 109 Dwelling Floor Area. No building permit shall be issued for, and no person shall erect, constrict or move into the City, any dwelling unit which contains less than 600 square feet of floor area. In computing the floor area, garage space shall not be included therein." (Ord. 1604 § 1 (part), 1975). 15.04.050 Addition of Section 110 to the Building Code. Section 110 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: "See. 110 Chemical Toilets for Construction Work. No person shall begin any construction project of any kind in the City without first providing one chemical toilet equipped with a seat and coverand a separate urinal, complying with the provisions of this section, on the site of the constriction for the first fifteen 0 5) employees or part thereof and one for each additional fifteen (15) employees or part thereof. Each toilet structure 297 (Newport Beach 4-15.7s) r C C. RELOCATABLE BUILDINGS 15.20.120-15.21.010 I5.20.120 Restoration of Damaged Streets. In case of damage to any street by reason .of the moving of any building or structure, or section or Portion thereof, the Street Superintendent shall do such work as may be necessary to restore the street to as good a condition as the same was in prior to such damage and shall charge the cost thereof to the house mover to whom the permit was issued for the moving of such building or structure, or section or portion thereof. (1949 Code § 8411). 15.20.130 Red Light Required. No person moving any building, or structure, 'or section, or portion thereof over, upon, along, or across any street shall fail, neglect or refuse to keep a red light burning at all times between sunset and sunrise at each comer of such building, or structure, or section, or portion thereof and at the end of any projection. thereon, while the same or any part thereof is located in or upon any street. (1949 Code § 8412). 15.20.140 Protection of Sidewalks. No person shall drive any wagon or other vehicle over, along or across any cement or other improved sidewalk or curb, unless planking is laid thereon in such a manner as to protect such sidewalk or curb. No person shall remove any such planking, except the person by, or for whom it was laid, unless permission therefor is granted by the Street Superintendent. Provided, however, that the provisions of this Section shall not apply to the driving of vehicles over sidewalks and curbs at places where cement or asphalt crossings are constructed across such sidewalks or curbs, or where expressly permitted by ordinance, or by written approval of the Street Superintendent. (1949 Code § 841.3). ._Chanter 15.21 ERECtIOVUSg AND OCCL �N. C.j _OFRELOCATABLE BUILDINGS Sections: 15.21.010 Definitions. 15.21.020 Minimum Floor Area. 15.21.030 Use Permit Required. 15.21.040 Compliance With Building Code. 15.21.010 Definitions. As used in this Chapter the words defined in this Section shall have the following meanings assigned to them unless from the context it appears that a different meaning was intended: (a) "Relocatable Building" shall mean a structure designed for human occupancy for industrial, commercial or professional purposes in such a manner as to be readily transportable from site to site. (b) "Readily Transportable" shall mean easily moveable from one location to another without the use of professional housemoving equipment, 331 (Nee -port Beach 4-15-75) 0 0 15.21.020-15.21.040 BUILDINGS AND CONSTRUCTION i.e., in order to move the building to the site all that is necessary is to add temporary "trailer -type" wheels directly to the frame of the building or to carryit on atypical motor vehicle. (Ord. 1329 § 1 (part), 1970). 15.21.020 Minimum Floor Area. No person shall construct or move into the City of Newport Beach any relocatable building which contains less than 600 square feet of floor area on at least one floor thereof, excluding garage space, or any relocatable building which shall be'less than 15 feet in width. (Ord. 1329 § 1 (part), 1974). 15.21.030 Use Permit Required. No building permit or relocation permit shall be issued for the erection or placement of a relocatable building" t unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission to maintain said relocatable building at a specific location. The provisions of Chapter 20.46 I of the Newport Beach Municipal Code relating to procedure and right of appeal shall be applicable to use permits required under this Section. Any such use permit may limit the amount of time during which any relocatable building may be permitted to remain at any particular location. Any use permit which is granted subject to a time limitation may not be renewed more than once. (Ord. 1329 § 1 (part), 1970). 15.21.040 .Compliance With Building Code. No building permit or' { relocation permit shall be issued for the creation or placement of a relocatable building within the City of Newport Beach until the applicant for such permit shall have furnished evidence satisfactory to the Building Director that the building will comply with the City building code, or in lieu thereof, the Building Director may require that the applicant apply for a relocation permit pursuant to Chapter 15.20 of the Newport Beach L Municipal Code and pay the applicable fees therefor. (Ord- 1329 § 1 (part), 1970). . (Newport Beach 4-15•75) 332/344 • �k Q(f, 2301.2302 PART N1 ENGINEERING REGULATIONS -QUALITY AND DESIGN OF THE MATERIALS OF CONSTRUCTION '1 Chapter 23 GENERAL DESIGN"REQUIREMENTS ` NOTE: Tables in Chapter 23 appear at the end of the Chapter. Definitions Sec. 2301. The -following definitions give the meaning of certain C terms as used in this Chapter: DEAD LOAD is the vertical load due to the weight of all perma- nent structural and nonstructural components of a building, such as walls, floors, roofs and fixed service equipment. LIVE LOAD is the load superimposed by the use and occupancy of the building not including the wind load, earthquake load or dead load. LOAD DURATION is the period of continuous application of a given load, or the aggregate of periods of intermittent application of the same load. Loads Sec. 2302. (a) General. All buildings and portions thereof shall b designed and constructed to sustain, within the stress limitations spe- cified in this Cade, all dead loads and all other loads specified in this Chapter or elsewhere in this Code. Impact loads shall be considered in the design of any structure where impact loads occur. EXCEPTION: Buildings or portions thereof which are constructed in accordance with the conventional framing requirements specified in Chapter 25 of this Code shall be deemed to meet the requirements of this Section. (b) Special. Provision shall be made in designing floors for a concen- trated load as set forth in Table No. 23-A placed upon any space 2%2 feet square, wherever this load upon an otherwise unloaded floor. would produce stresses greater than those caused by the uniform load required therefor. In designing floors to be used for industrial or commercial purposes, the actual live load caused by the use to which the building or part of the building is to be put shall be used in the design of such building or part thereof, and special provision shall be made for machine or apparatus loads when such machine or apparatus would cause a greater load than specified for such use in Section 2304. Floors in office buildings and in other buildings where partition locations are subject to change shall be designed to support, in addition to all other loads, a uniformly distributed dead load equal to 20 pounds per square foot: 120 0j230E j Wind Pressure See. 2308. (a) General. Buildings or structures shall be designed to - withstand the minimum horizontal and uplift pressures set forth in :_ Table No. 23-F and this Section allowing for wind from any direction. The wind pressures set forth in Table No. 23-F are minimum values C and shall be adjusted by the Building Officials for areas subjected to higher wind pressures. When the form factor, as determined by wind tunnel tests or other recognized methods, indicates vertical or horizon- tal loads of lesser or greater severity than those produced by the loads herein specified, the structure may be designed accordingly. (b) Horizontal Wind Pressure. For purposes of design, the wind pressure shall be taken upon the gross area of the vertical projection of that portion of the building or structure measured above the average level of the adjoining ground. (c) Uplift Wind Pressure. Roofs of all enclosed buildings or struc- tures shall be designed and constructed to withstand pressures acting upward normal to the surface equal to three -fourths of the values set forth in 'fable No. 23-F for the height zone under consideration. An enclosed building shall be defined as a building enclosed at the perime- ter with solid exterior walls. Openings are permitted in the solid exteri- or wall provided they are glazed or protected with door assemblies. Roofs of unenclosed buildings, roof overhangs, architectural projec- tions, eaves, canopies, cornices, marquees, or similar structures unen- designed to - closed on one or more sides shall be and constructed withstand upward pressures equal to one and one-fourth times those values set forth in Table No. 23-F. The upward pressures shall be assuined to act over the entire roof area. (d) Roofs with Slopes Greater than 30 Degrees. Roofs or sections of roofs with slopes greater than 30 degrees shall be designed and constructed to withstand pressures, acting inward normal to the sur- face, equal to those specified for the height zone in which the roof is located, and applied to the windward slope only. (e) Anchorage Requirements. Adequate anchorage of the roof to walls and -columns, and of walls and columns to the foundations to resist , overturning, uplift, and sliding, shall be provided in all cases. (f) Solid Towers. Chimneys, tanks, and solid towers shall be de- signed and constructed to withstand the pressures as specified by this Section, multiplied by the factors set forth in Table No. 23-G. (g) Open Frame Towers. Radio towers and other towers of trussed construction shall be designed and constructed to withstand wind pressures specified in this Section, multiplied by the shape factors set forth in Table No. 23-I1. - Wind pressures shall be applied to the total normal projected area of all the elements of one face (excluding ladders, conduits, lights, elevators, etc., which shall be accounted for separately by using the indicated factor for these individual members). 124 2314 eccentricity of not less than five percent of the maximum building dimension at that level. _ (h) Overturning-E;W building or structure shall be designed to resist the overturning effects caused by the wind forces and related requirements specified in Section 2308, or the earthquake forces spe- cified in this Section, whichever governs: At any level the incremental changes of the design overturning moment, in the story under consideration, shall be distributed to the various resisting elements in the same proportion as the distribution of the shears in the resisting system. Where other vertical members are provided which are capable of partially resisting the overturning mo- ments, a redistribution may be made to these members if framing members of sufficient strength and stiffness to transmit the required loads are provided. Where a vertical resisting element is discontinuous, the overturning moment carried by the lowest story of that element shall be carried down as loads to the foundation. (i) Setbacks. Buildings having setbacks wherein the plan dimension of the tower in each direction is at least 75 percent of the correspond- ing plan dimension of the lower part may be considered as a uniform building without setbacks for the purpose of determining seismic i forces. For other conditions of setbacks the tower shall be designed as a separate building using the larger of the seismic coefficients at the base of the tower determined by considering the tower as either a separate building for its own height or as part of the overall structure. The resulting total shear from the tower shall be applied at the top of the lower part of the building which shall be otherwise considered sepa- rately for its own height. EXCEPTION: Nothing in this subsection shall be deemed to prohibit the submission of properly substantiated technical data for establishing _ the lateral design forces by a dynamic analysis. Q) Structural Systems. 1. Design requirements. All buildings de- signed with a horizontal force factor K = 0.67 or 0.80 shall have space frames --ductile moment resisting. Buildings more than 160 feet in height shall have space frames -- ductile moment resisting capable of resisting not less than 25 percent of the required seismic forces for the sh ucture as a whole. EXCEPTION: Buildings more than 160 feet in height in Scismic Zone No. I may have concreteshear walls designee( in conformance with Section 2627 of this Code in lieu of a ductile moment resisting space frame, piovidcd a Kvalue of 1.00 or 1.33 is utilized in the design. In Seismic Zones No. 2 and No. 3 all members in braced frames of K = 1.0 and K = 1.33 buildings shall be designed for 1.5 times the force determined in accordance with Section 2314 (d) 1. Connections for these members m•e not permitted the 33 percent stress increase for earthquake. - It, Scismic Zoncs No. 2 and No. 3 concrete space frames required 130 C C C C • -0 C 0 23•F, 23.0, 23-I1, TABLE NO. 23-F—WIND ABOVE PRESSURES FOR RIVARIOUS HEIGHT ZONES GRO HEIGHT ZONES 20 25 30 On feet) 35 AO q+ �" Less than 15 20 25 h ' 25 30 40 25 30 35 50 35 40 45 30 to 20 50 to 99 25 30 40 45 45 50 55 60 55 60 70 75 30 40 l00 to 499 35 45 55 500to 1199 60 60 70 80 00 70 80 90 100 1200 and over 40 50 ld be selected 'See Figure No. 4. wind Pressssre column in g tonble she the minimum permis- is headed by a value corresponding locality. the whieh particnlar Bible, resultant wind pressure indscated for reelnern nded as minimum. These requirements do nThe ot provide prores vide for re TABLE N0. 23CHIMNEYSP PRESSURES — CHIMNEYS, AND SOLID TOWERS FACTOR HORIZONTAL CROSS SECTION 1.00 S(1uar0 Or reetangdlar 0.80 Hexagonal or octagonal 0.60 Round or elliptical TABLE NO.23-H—SHAPE FACT RS FOR RADIO TOWERS AND TRUSSED TYPE OF EXPOSURE FACTOR Wind nonnal to one face of tower flat or angular sections, steel or wood 2.20 Folir-cometed, Three-comered, flat or angular sections, steel or 2.00 wood Wind on corner,'four-cornered tower, flat or an{ xilar 2.40 sections Wind parallel to one face of three-comered tower, 1.50 flat or angular sections Factors for towers with cylindrical elements are ap- for similar tO%vcrS two-thirds of those proximately with flat or angular sections Wind on individual members Cyl ndricalmembers Two inches or less in diameter 1.00 0.80 Over two inches in diameter 1.30 Flat or angular sections 139 A O 0 6[GURE NO. 4 0 ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CIiAPTER 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM BUILDING CODE, 1973 EDITION The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 15.04 of the Newport Beach Municipal Code is amended to read: "Chapter 15.D4 BUILDING CODE Sections: 6 15.04.010 Adoption of Uniform Building Code. 15.04,020 Addition of Section 103..5 to the Building Code. 15.04.030 Addition of Section 109 to the Building Code. 15.04.0.40 Addition of Section 109 to the Building Code. 15.04.050 Addition of Section 110 to the Building Code. 15.04.060 Amendment to Section 201 of the Building Code. 15.04.070• Amendment to Section 204 of the Building Code. 15.04.080 Amendment to Section 205 of the Building Code. 15.04.090 Amendment to Table No. 3-A of the Building Code. i 15.04.100 Addition to Section 301(e) to the Building Code. 15.04.110 Addition to Section 303(e), (f), (g), (h) to the Building Code. 15.04.120 Addition to Section 308 to the Building Code. 15.04.130. Amendment to Section 505(d) of the Building Code. 15.04.140 Amendment to Section 506(a) of the Building Code. 15.04.150 Amendment to Table 5-A of the Building Code. 15.04.160 Addition of Section 1501 to the Building Code. 15.04.170 Addition of Section 1507 to the Building Code. 15.04.180 Amendment to Section 1807(a) of the Building Code. _ 15.04.190. Amendment to Section 1807(b) of•the Building Code. 15.04.200 Amendment to Section'1807(m) of the Building Code. 15.04.210' Amendment to -Section 35 of the Building Code, Sound'Transmission Control Noise Insulation Standards. 15.04.220 Addition of Subsection 12 of Section 30802(b) to the Building Code. 15.04.230 Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading. 15.04.010 Adoption of Uniform Building Code. Subject to the particular additions, deletions and amendments hereinafter set forth in this Chapter, the rules, regulations, provisions and conditions set forth in that certain Code entitled 'Uniform Building Code, 1973 Edition, Volume '1' and 'Uniform Building Code Standards, 1973 Edition' respectively, published by the International Conference of Building -1- Officials, and the whole thereof, including the appendix thereto, ~except Chapte�'Elevators, Dumbwaiters, Escalators and Moving Walks,' three (3) full printed copies of which, printed as a Code in book form, were by the City Council ordered filed and which have been actually filed in the Office of the City Clerk and which, as.so on file are hereby referred to, adopted and made a part hereof as•fully and for all intents and purposes as though set forth herein at length, shall be and the same are hereby established and adopted as the rules, regulations, provisions and conditions to be observed and followed in. the erection, constructidn, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and structures in the City providing for issuance of permits and collection of fees therefor; providing penalties for violation of such Code, declaring and estab- lishing fire zones, except as in this Code modified, amended -or otherwise changed; and subject to.said additions, deletions and amend- ments hereinafter set forth, said Code is hereby established and adopted and the same shall be designated, known and referred to as •.the 'Building Code' of and for the City of Newport Beach. 15.04.020 Addition of Section 103.5 to the Building Code. Section 103.5 is added to the Building Code, hereinbefore adopted in - Section 15.04.010, to read: 'Sec. 103.5 Construction in, on or over water. All construction work in, on or over the Pacific Ocean, Newport Bay or other water in which the tide ebbs and flows is regulated by Title 17 of this Code; provided, however, all construction, alteration, moving, demolition, repair and use of any building or structure located upon, in or over said waters shall comply with the standards established in the Building Code. No person shall do any such work with- out complying with the provisions thereof.' 15.04.030 Addition of Section 108 to the Building Code. Section 108 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 108 Trailer Use and Occupancy. IA. Location Restricted to Parks. No person shall place, stand, locate or park any occupied automobile trailer, house trailer, mobile home, camper, or other -2- type of vehicle designed for human habitation any place within the City of Newport Beach, except in a trailer park or mobile home park operating under a current permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California, and subject to a use permit as provided in Title 20 of the City Code. B. Use and Occupancy. No person shall use or occupy"or permit the use or occupancy of.any auto- mobile trailer, house trailer, mobile.home, camper or similar vehicle owned by him or under his control for any residential or business purposes at a fixed location within the City of Newport Beach other than within`a trailer park or mobile home park operating under a current permit issued pursuant to Parts 2 and 2.1, Division 13, of the Health and Safety Code of the State of California, and subject to a use permit as provided in Title 20 of the City Code. C. Temporary Constrion Use. An automobile trailer, house trailer, uct mobile home, camper, or similar vehicle may be located, occupied and used on premises in the City where construction work is in progress for the'purpose of a construction office or for tempo- rary lodging in connection with the -construction work. Any person seeking such use or occupancy shall apply for a permit therefor from the Building Official. Such permit shall be issued only when the use and occupancy comply with other provisions of this Code and upon a determination by the Building Official that under the circumstances of the particular case, the proposed use or occupancy will not adversely affect the health, peace, comfort,, morals, or welfare of the proposed occupants or the public. Such permit shall be revocable under a de- termination by the Building Official that the actual use does adversely affect the health, peace, comfort, morals or welfare of the occupants or the public. Revocation shall be effected by the Building Official only after five (5)'days' written notice to the permittee and an opportunity for the permittee to be heard. Notice may be by ordinary mail to the last known address of the permittee. Any aggrieved person may appeal any decision of the Building Official to grant, deny or revoke a permit to -the City Council. The City Council shall de= cide the matter after the permittee and person appealing have had an opportunity to be heard before the City Council. Notice of.the date the matter shall be heard by the City Council shall be given in writing to the permittee and the person appealing. Notice may be by ordinary mail to the last known address of each. D. Minimum Trailer Ground Area. The minimum area of ground that must be provided in a trailer park or mobile home park in the City of Newport Beach for the exclusive use of each house trailer, mobile home or unit and its appurtenances, is 875 square feet.' 15.04.040 Addition of Section 109 to the Building Code. Section 109 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 109 Dwelling Floor Area. No building permit -3- shall be issued for, and no person shall erect, construct or move into the City, any dwelling unit which contains less than 600 square feet of floor area. In computing the floor area, garage space shall not be included therein.' 15.04.050 Addition of Section 110 to the Building Code. Section 110 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 110 Chemical Toilets for Construction Work. No person'shall begin any construction project of any kind in the City without first providing one chemical toilet equipped with a seat and cover and a separate urinal, complying with the provisions of this section, on the site of the construction for the first fifteen (15) emplooyees or part thereof and one for each addi- tional fifteen (15) employees or part thereof. ,Each toilet structure must be enclosed on the top and all sides, screened, ventilated and equipped with a -self - closing door. The structure housing such toilet or toilets must have an inside area of 15 square feet for each toilet, a minimum ceiling height of 6 feet 6 inches, and a smooth floor not less than 6 inches above ground level. All facilities must be above ground level. All facilities must be kept clean and sanitary and supplied with toilet paper. All such facilities must be pumped out and recharged with a nonirritating chemical frequently enough to prevent odors or overflowing. All facilities required herein must be maintained during the period of construction. The Building Official may spe- cify the location of the structure or structures on the construction site to assure its availability to employees and to make it less offensive to occupants of surrounding property.' 15.04.060 Amendment to Section 201 of the Building Code. Section 201 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 201 There is hereby established in the City the Building Division of the Community Development Depart- ment. The Building Division shall be under the juris- diction of the Building Official.' 15.04.070' Amendment to Section 2 k of the Building Code. Section 204 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'BOARD OF APPEALS Sec. 204 In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the pro- vision of this Code, there shall be and is hereby required a Board of Appeals consisting of seven (7) members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex-officio member and shall act as secretary of the Board. The Board of Appeals shall be.appointed by the City Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its -4- investigations and shall render all decisions and findings in writing to the Building Official with the duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. Fees for an appeal hearing before the Board of Appeals are hereby established to be Seventy -Five Dollars ($75.00), payable at the time the applicant submits his request for a hearing. Should the appli- cant desire to withdraw his request prior to a public hearing., 80'% of the fee paid shalk be refunded in accordance with City ordinances.' 15.04.080 Amendment to Section 205 of the Building.Code. Section 205 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 205 Violations and Penalties. Any person, firm or corporation violating any of the provisions of this Code -shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the County Jail for a period riot to exceed six (6) months, or by both such fine and impris- ohment. Each separate day or any portion thereof during which any violation of this Code.occurs or'continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which it authorizes is -lawful. The issuance or granting of a permit or approval of plans shall not prevent the Building Official from there- after requiring the correction of errors in plans and " specifications or from preventing construction operations being carried on'thereunder when in violation of this Code or of any other ordinance or from revoking any Certificate of Approval when issued in error.' 15.04.090 Amendment to Table No. 3-A of the Building Code. Table No. 3-A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'TABLE NO. 3-A - BUILDING PERMIT FEES TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 FEE $6.00 $6.00 for the first $500..00, plus $1.20 for each additional $100.00 or fraction thereof, to and including $2,, 000.00 . . $2.4.00 for the first $2,000.00, plus $4.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 -5- TOTAL VALUATION $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 FEE $116.00 for the first $25,000.00', plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $191.00 for the first $50,000.00, plus •$2.00 for each additional $1,000.00 or fraction -thereof, to and including $100,000.00 $291.00 for the first $100,000.00, plus $1.50 for each additional $1,000.00 or fraction thereof $500,001.00 and up $891.00 for the first $500,000.00, plus $1.00 for each additional $1,000.00 or fraction thereof.' 15.04.100 Addition to Section 301(e) to the Building Code. Subsection (e) of Section 301 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '(e) Permit and Fees for Lathing, Plastering and Drywall Installation. No person shall do any lathing and plastering, or any drywall installation, in or upon any building or structure where the amount of such work is more than 20 square yards, without first obtaining a permit for such work from the Building Official. A separate permit shall be obtained for each building on which such work is to be done.' 15.04.110 Addition to Section 303(e), (f), (g) and (h) to the Building Code. Subsections (e), (f), (g) and (h) of Section-303 are added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '(e) Lathing and Plastering Fee. The fees to be paid for the issuance of a permit for lathing and plastering, and for drywall installation shall be $3.00, plus one cent (10) per square yard. (f) Other Fees. For any inspection or investi- gation of any use, occupancy, change in use or occu- pancy, and building or structure or any other work not otherwise covered herein by any Newport Beach City Ordinance which is requested by any owner, agent, agency or 'other person ..... $25.00. Whenever any work for which a permit is required under the provisions of this Code has been commenced, constructed or completed without the authorization of such permit, a special investigation may be required before a permit will be issued for such work in order to determine whether the work done complied with Code requirements. In addition to the regular permit fees, an investigation fee of $30.00 shall be collected where such investigation is found to be necessary. No permit shall be issued when an investigation fee is due until such fee has been paid. The payment of the investigation fee shall not except any person from compliance with the provisions of this Code nor from any penalty prescribed by law. r The provisions of this section shall not apply to emergency work when it shall be proved to the satisfaction of the Building Official.that such work was urgently required and that it was not practical - to obtain• a permit therefor before"the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and any work which has been concealed shall be exposed for inspection if such inspection is necessary. If there is an unreasonable delay in obtaining such a permit, an investigation fee as herein provided shall be charged. (g) Surrender of Permit. If no portion of the work or construction covered by a permit issued by the Building Official under the provisions of this Code has been commenced, the person to whom such permit has been issued may deliver such permit to the Building Official with a request that such permit be canceled. The Building Official shall thereupon stamp or write on the face of such permit the words "Canceled at the request of the Permittee." Thereupon such permit shall be null and void and of no effect. (h) Refunds. In the event that any person shali have obtained a building permit and no portion of the work or construction covered by such permit shall have been commenced and such permit shall have been canceled either as provided for in Subsection (d) of Section 302 or Subsection (f) of this section, the permittee, upon presentation to said Building Official of a request therefor, in writing on a special form, shall be entitled to a refund in an amount equal to 80 percent of the permit fee actually paid for such permit. The Building Official shall make no refunds on fees collected amounting to Six Dollars ($6.00) or less. The Building Official shall satisfy himself as to the right of -such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims•against the City. No refund shall be made on permits more than one (1) year old. No portion of the plan -checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case 80 percent of the plan -checking fee shall be refunded.' 15.04.120 Addition of Section 308 to the Building Code. Section 308 is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: 'Sec. 308 Geological Engineering Reports. The Building Official may require a geological or engi- neering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. A geological report shall be prepared by -7- an engineering geologist. The.report shall contain a finding regarding the safety of the building site for the proposed structure against hazard from land- slide, settlement or slippage. An engineering report shall be prepared by an engineer experienced in soil mechanics. When both a geological and an engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the Building Official.' 15.04.130 Amendment to Section 505(d) of the Building Code. Section 505(d) of the Building Code, hereinbefore adopted in. -Section 15.04.010, is amended to read: Area Separation Walls. Each portion of a building Standard No,, 38-1 and separated by one or more area separation o walls may be considered a separate building, provided the area separation walls meet the following requirements: 1. Area separation walls shall be not less than four-hour fire -resistive construction in Types I, II or III buildings and two-hour fire -resistive construc- tion in Types IV or V buildings. The total width of all openings in such walls shall not exceed 25 percent of the length of the wall in each story. All openings shall be protected by a fire assembly having a three- hour fire -protection rating in four-hour fire -resistive walls and one and one -half-hour fire -protection rating in two-hour fire -resistive walls. 2. Area separation walls need not extend to the outer edges of horizontal projecting elements such as balconies, roof overhangs, canopies, marquees or archi- tectural projections provided the exterior wall at the termination of the area separation wall and,the projecting elements above are not less than one -hour fire -resistive construction for a width equal to the depth of the pro- jecting.elements. Wall openings within such widths shall be protected by assemblies having a three -fourths -hour -- fire -protection rating. 3. Area separation walls shall extend from the foundation to a point at least 30 inches above the roof. EXCEPTIONS: 1. Area separation walls may terminate at the roof soffit.provided the roof is of at least two-hour fire -resistive construction. 2. Two-hour area separation walls may termi- nate at the underside of roof sheathing provided that the roof has at least one -hour fire -resistive time period for a width of not less than 5 feet on each side of the area separation wall termination. 3. Two hour area separation walls may termi- nate at roofs of entirely noncombustible construc- tion. 4. Where an area separation wall separates portions of a building having different heights, such wall may terminate at a point 30 inches above the lower roof level provided the exterior wall for a height of 10 feet above �� the lower roof is of one -hour fire -resistive construc- tion with openings protected by assemblies having a three -fourths -hour fire protection rating. EXCEPTION: The area separation wall may terminate at the sheathing of the lower roof provided the roof is of at least one-houi fire - resistive construction for a width of 10 feet without openings measured from the wall. See Chapters 6 to 16 inclusive for special occupancy provisions. (See U.B.C. Standard No: 43-7 for fire dampers in air ducts piercing area -separations.)' 15.04.140 Amendment to Section 506(a) of the Building Code. Section 506(a) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 506(a) General. The floor area specified in Section 505 may be increased in buildings protected by an rements of the U. o�owin�a e 1. Separation on two sides. Where public space, streets or yards more than 20 feet in width extend along and adjoin two sides of the building, floor areas may be increased ht a rate of one and one-fourth percent (1 1/4%) for each foor by which the minimum width exceeds 20 feet, but the increase shall not exceed 50 percent. 2. Separation on three sides. Where public space, streets or yards more than 20 feet in width extend along and adjoin three sides of the building, floor areas may be increased by a rate of two and one-half percent (2 1/2%) for each foot by which the -minimum width exceeds 20 feet, but.the increase shall not exceed 100 percent. 3.- Separation on all sides. Where public space, streets or yards more than 20 feet in width extend on all sides of a building and adjoin the entire perimeter, floor areas may be increased at a rate of five percent (5%) for each foot by which the minimum width exceeds 20 feet. Such increases shall not exceed 100 percent, except for buildings not exceeding two stories in height of Group G Occupancy and one-story buildings housing aircraft storage hangars and as further limited in Section 1002(b) for aircraft repair hangars.' 15.04.150 Amendment to Table 5-A of the Building Code. Table 5-A of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to change the description of occupancy Class 2, Group-J only. All other portions of Table 5-A not hereinafter speci- fically amended shall be adopted as published. 'Group-J. Description of Property - Class 2. Fences over three (3) feet in height and higher, tanks and towers.' 15.04.160 Amendment to Section 1501 of the Building Code. Section 1501 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'Sec. 1501 Group-J Occupancies shall be: Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences over three (3) feet high,.tanks and towers.' For occupancy separations see Table No. 5-B. For occupant load see Section 3301.' 15.04.170 Addition of Section 1507 to the Building Code. Section 1507 is added to the Building Code, hereinbefore adopted in Section 15.04.010: 'Sec. 1507 Fencing Required. Every swimming pool, pond or other body of water eighteen (18) inches or more in depth at any point shall be surrounded by a fence or wall not less than five (5) feet above the adjacent exterior grade. Such fence or wall shall be constructed and maintained with no openings nor projections which could serve as a means to scale same. Openings between vertical members shall be no wider than five (5) inches and horizontal members, accessible from the exterior, shall be no closer than 48 inches. There shall be sufficient distance from any structure, shrubbery or grade which could be used to scale the fence or wall. Chain link fence is not approved. EXCEPTION NO. 1: Any pool which directly fronts on a stream, river, Newport Bay or the Pacific Ocean. EXCEPTION NO. 2: Any pool located at a hotel or motel which has staff on continuous duty, seven (7) days a week, twenty-four (24) hours a day. . Gates and doors opening through such enclosures shall be self -closing and self -latching with release five (5) feet above exterior grade or so located on the pool side as to prevent release from the exterior. EXCEPTION NO. 1: Door opening_ into a dwelling or apartment. EXCEPTION NO. 2: When approved by the Building Official, municipal or public school operated pools or ponds when under continuous supervision while gates or doors are unlocked. Except for single family residences, the fence or walls shall be so located as to allow access to all living units without entering the pool enclosure. The fence or walls shall serve to isolate the pool from other activities or structures and shall be located within fifty (50) feet of the pool. Gates in such enclosures shall be located in view of the pool. A building wall with no doors or openable, unscreened windows with sills under five (5) feet in height, may be used in part of -10- such pool enclosures when within the specified distance of the pool. EXCEPTION: When approved by the Building Official, such enclosures may include sunshade, toilet or shower structures which are used only in conjunction with the pool.' 15.04.180 Amendment to Section 1807(a) of the Building Code. Section 1807(a) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'SPECIAL PROVISIONS FOR GROUP F, DIVISION 2 OFFICE BUILDINGS AND GROUP H OCCUPANCIES Sec._ 1807(a) Scope. These requirements apply to buildings housing Group F, Division 2 Occupancies used primarily as offices and to Group H occupancies. Such buildings havingfloors used for human occu- pancy located more than'55 feet above the lowest level' of Fire Department vehicle access shall conform to the requirements of this section in addition to other appli- cable requirements of this Code.' 15.04.190 Amendment to Section 1807(b) of the Building Code. Section 1807(b) of the Building Code, hereinbefore adopted in Section 15.04.010, is omitted. 15.04.200 Amendment to Section 1807(m) of the Building Code. Section 1807(m) of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: '(PO. Fire Sprinkler System. Sprinkler protection conforming to the following shall be provided in all buildings covered by this section. - 1. -The sprinkler system is hydraulically designed using the parameters set forth in U.B.C. Standard No. 38-1 and the following: (i) Shutoff valves and waterflow devices shall be provided on each floor. In addition to actuating a local alarm on the floor upon which the water flow is de- tected, such valves shall be supervised by a continuously manned control station or by a central station (ii) The sprinkler system shall be looped between standpipe risers at the bottom, top and mid -height of all buildings with a maxi- mum of 20 stories served by any loop.• The installation of check valves shall be approved by the Building Official. (iii) Piping may be copper or steel with no minimum size of pipe required. Solder used in connections shall contain not less than 90 per- cent tin and 5 percent antimony. -11- • (iv) Pitching of line is not required. (v) A minimum of two fire.pumps indepen- dently driven shall be provided and sized for the sprinkler demand and for a minimum of 500 gallons per minute Fire Department standpipe operations. (vi) An on -site supply of water equal to a 20-minute demand or 15,000 gallons on a combined sprinkler and standpipe, whichever is the smaller, shall be provided. This supply shall be available automatically if the principal supply fails. (vii) Operation of the sprinkler system shall activate the voice communication system. 2. When the automatic sprinkler system described above is installed, the following reductions from the requirements of this Code are permitted: (i) The fire -resistive time periods set forth in Table No. 17-A may be reduced by one hour for interior bearing walls, exterior bearing and non - bearing walls, roofs and the beams•supporting roofs, provided they do not frame into columns. All office building partitions required to be of one - hour fire -resistive construction by Table No. 17-A and Section 3304(g) may be of noncombustible con- struction without a fire -resistive time period. Openings in corridor walls shall be protected by tight -fitting, self -closing doors that need not have a fire -resistive time period. in Group H Occupancies corridor and dwelling unit or guest room, separation may be reduced to one -half-hour. . (ii) The.l 1/2 inch hose lines and nozzles may be omitted. (iii) Travel distance to a horizontal exit or to an enclosed stairway may be 300 feet. (iv) Smoke -proof enclosures,may be eliminated if each required stairway is pressurized as provided in Section 3309(h) to .15 inch of water column.• (v) Spandrel protection required by Section 1807(b) may be omitted.' 15.04.210 Amendment to Section 35 of the Building Code, Sound Transmission Control Noise/Insulation Standards. Chapter 35 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'CHAPTER 35 SOUND TRANSMISSION CONTROL/ NOISE INSULATION STANDARDS Sec. 3501 Noise Insulation Standards. (a) Purpose. The purpose of this Chapter is to establish uniform minimum noise insulation performance standards to protect persons within Dew residential structures from the effects of excessive noise, including but not limited to, hearing loss or impairment and persistent interference with speech and sleep. (b) Application and Scope The provisions of this -12- Rev. 4/18/75 Chapter relating to noise insulation performance standards apply to new I and II Occupancies. (c) Definitions. The following special defini- tions shall apply to this Chapter as applicable: (1) Impact Insulation Class (IIC) - A single number rating for ceiling -floor construction that represents the ability of the construction to isolate impact noise, where measurement procedure is based on ASTM E492-73T and as defined.in U.B.C. Standard No. 35-2. .(2) Sound Transmission Class (STC) - A" single figure rating for floor-cdl.ing and interior wall partition construction that represents the ability of the construction to isolate airborne noise, where measurement procedure is based on ASTM E90-70 or ASTM B366-71 and as defined in U.B.C. Standard No. 35-1. (d) Sound Transmission Control Between bwellin Units., The provisions of this section shall apply o to apartment houses, condominiums, attached sinale_- family dwellings, hotels, motels and --dwellings other an a ace single-family dwellings. (1) Wall and Floor -Ceiling Assemblies. Wall and floor-celing assemblies separating dwelling units or guest rooms from each other and from public space, such as interior corridors and service areas, shall provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor -ceiling assemblies. (2) Airborne Sound Insulation: All such sepa- rating walls and floor -cling assemblies shall provide an airborne sound insulation equal to that required to meet a Sound Transrission Class (STC) of 50 (45 if field tested) as defined in U.B.C. Standard No. 35-1. Penetrations or openings in construction assemblies for piping, electrical devices,.recessed cabinets, bathtubs, soffits, or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. Dwelling unit entrance doors,'exterior or from interior corridors, together with their perimeter seals, shall have a Sound Transmission Class (STC) rating of not less than 30 and such perimeter seals shall be main- tained -in good operating condition. (3) Impact Sound Insulation. All separating floor -ceiling assemblies between separate units or guest rooms shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of 5U ' (45 if field tested) as defined in U.B.C. Standard'No. 35-2. Floor coverings may be included in the assembly to obtain the required rating, and must be retained as a permanent part of the assembly and may only be replaced by other floor covering that provides the same sound insulation required above. (4) Tested Assemblies. Field or laboratory tested wall or floor -ceding designs have an STC or IIC of 50 -13- Rev. 4/18/75 or more as determined by U.B.C. Standard 35-1, 35-2 or 35-3'may be used without any additional field testing when, in the opinion of the Building Officials, the laboratory tested design has not been compromised by flanking paths. Test may be required by the Building Official when evidence of compromised separations is noted. (5) Field Testing and Certification. Field testing, when required, shall be done under the super- vision of a professional acoustician who shall be experi- enced in the field of acoustical testing and engineering, who shall forward certified test results to the Building Official showing that the minimum -sound insulation re- quirements stated above have been met. (6) Airborne Sound Insulation Field Tests. When required, airborne sound insulation shall be deter- mined according to the applicable Field Airborne Sound Transmission Loss Test procedures of U.B.C. Standard 35-3. All sound transmitted from the source room to the receiving room shall be considered to be transmitted through the test partition. required, accordance (e) 1 provisions structures. 7) Impact ation Field Test. When shall be determined in th U.B.C. Standard No. 35-2. Insulation from Exi is section apply t( • Sources. ' The residential (1) Location and Orientation. Consistent with land use standards, residential structures located in noise critical areas, such as proximity to select system of county roads and city streets (as specified in Section 186.4 of the State of California Streets and Highway Code), rail- roads, rapid transit lines, airports, or industrial areas, shall be designed to prevent the intrusion of exterior noises beyond prescribed levels with all exterior doors and windows in the closed position. Proper design shall include, but shall not be limited to, orientation of the residential structure, set -backs, shielding, and sound insulation of the building itself. (2) Interior Noise Levels. Interior community noise equivalent levels (CNEL) with windows closed attri- butable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room. (3) Airport Noise Source. Residential structures to be located within an annual CNEL contour (as defined in Title 4, Subchapter 6, California Administrative Code) of 60 require an acoustical analysis showing that the structure has been designed to limit intruding noise to the prescribed allowable levels. CNEL's shall be as determined by the local jurisdiction in accordance with its local general plan. (4) Vehicular and Industrial Noise Sources. Resi- dential buildings or structures to be located within exterior community noise equivalent level contours of 60 dB of an existing or adopted freeway, expressway, major street, thorough- fare, railraod, or rapid transit line shall require an acoustics analysis showing that the proposed building has been designed to limit intruding noise to the allowable interior noise levels prescribed in Section 1098(e) (2). Exception: Railroads where there are no nighttime (10:00 p.m. to 7:00 a.m.) railway operations and where daytime (7:00 a.m.,to 10:00 p.m.) railway -14- operations do not exceed four per day. (f) Compliance. (1) Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit. The report shall show topographical relationship of noise sources and dwelling site, identification of noise sources and their characteristics, predicted noise spectra at the exterior of the proposed dwelling structure con- sidering present and future land usage, basis for the pre- diction (measured or obtained from published data), noise attenuation measures to be applied, and an analysis of the noise insulation effectiveness of the proposed construc- tion showing that the prescribed interior noise level requirements are met. If interior allowable noise levels are met by requiring that windows be unopenable or closed, the design for the structure must also specify the means that will be employed to provide ventilation, and cooling if necessary, to provide a habitable interior environment. (2) Field Testing. When inspection indicates that the construction is not in accordance with the approved design, field testing may be required. Interior noise measurement -shall be taken under conditions of typical maxi- mum exterior noise level within legal limits. A test report showing compliance or noncompliance with prescribed interior allowable levels shall be submitted to the 'Building Official.' 15.04.220 Addition of Subsection 12 of Section 30802(b) to the Building Code. Subsection 12 of Section 3802(b) is added to the Building Code, hereinbefore adopted in Section 15.04.010, to read: '12. In all occupancies when the building has floors used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access; however, the respective increase for area and height specified in Sections 506 and 507 shall be permitted.' 15.04.230 Amendment to Appendix Chapter 70 of the Building Code, Excavation and Grading. Appendix Chapter 70 of the Building Code, hereinbefore adopted in Section 15.04.010, is amended to read: 'CHAPTER 70 EXCAVATION AND GRADING Purpose Sec. 7001. The purpose of this Chapter is to safeguard life, limb, property and the public welfare by regulating grading on private property. Scope Sec. 7002. This Chapter sets forth rules and regulations to control excavation, grading and earthwork construction, including -15- Rev. 4/18/75 CITY OF NEWPORT ' EAC H DEPARTMENT OF COMMUNITYDEVELOPMENT (714) 640-2137 September 6, 1977 Mr. Herbert L. Roberts, Director Communitv Planning and Development Division, [IUD 2500 Wilshire Boulevard Los Angeles, CA 90057 Dear Mr. Roberts: RE: Community Development Block Grant Program. Grant Nos. 13-77-MC-,06-0546 and 13-77-0.6-0546. Reference: 9.2 CF. Your letter of August 24, 1977 requested further information regarding the Cityes HAP for both the entitlement and inequities applications. In Table IV of the approved HAP, the City identified -five census tracts as possible locations for new construction of assisted housing. Th-ese census tracts were indicated because vacant resi,dentially-designated land exists in these areas. Only one proposal for new construction assisted housing exists for any of these areas. This project, located in CT 626.03, is a proposal for 100 units of housing for the elderly being sponsored by the Lutheran Church of the Master. On July 1, 1977, an application for fund reservation in the Section 202/8'program was submitted to the direct loans division of [IUD in Washington, D.C. by the non-profit "Seaview Lutheran Plaza, Inc.". Announcements oP projects to receive funding is expected by September 30, 1977. If this application is unsuccessful, it will be resubmitted July 1, 1978. From the time of the approval of this application, the construction drawings will take six months, with construction and full occupancy completed twelve months after that. Therefore, this project can be operational approximately eighteen months following HUD approval of. the Section 202/8 application. A new map showing those census tracts identified for possible new construction is attached. Highlighted on the map are the percentages of Spanish-, oriental, elderly and female -headed households in each census tract. As illustrated by the map, there is significant elderly population in portions of the City not designated for new construction. Those areas comprise the City Hall o 3300 Newport Boulevard, Newport Beach, California 92663 Mr. Herbert L. Roberts, Director Page Two September 6, 1977 older, fully -developed portions of the City where no vacant land is available for new construction assisted housing. Housing assistance will be available to these elderly residents through the Section 8 rental assistance program. This program is being administered in the. City of Newport Beach by the Orange County Housing Authority, in which the City is a participant. If you have any further questions or require additional information, please contact me at (714) 640-2137. Yours very truly, DEPARTMENT OF COMMUNITY DEVELOPMENT ; R. 'V. Hogan, Dj,rector RVH:DD:jmb Attachments (2) r.EctoN ix 4" Golden Cute Avenue P.O. Flcn 36003 J.m 1'rur ci.eu. Ca Uforn:u 9$102 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOS ANGELES AREA OFFICE 2500 WILSHIRE BOULEVARD, LOS ANGELES, CALIFORNIA 90057 August 24, 1977 il-L. Robert L. Glynn City Manager City oC Newport Beach 3300 Nevoort Blvd. Newport Beach, California 92663 Dear Mr. Glynn: IN REPLY g.2CP c?' -7 c,,, ? C �J>> _ t i ti-�� f; Subject: Commuxity Development Block Grant Program Grant Wvmbers 8-77-IIC-06-0546 ar_d B-77-SQ-O6-0546 Duxino the revieir of your entitlement and inequities applications, concerns were raised that will require further clarification and/or additional information. You should therefore submit the follo,•rino: 1. information disclosing the method of financing and the proposed development schedule for the new construction. identified in Table TV of your approved FLAP. 2. Clarification as to the status of the proposal for now construo-- t-ion for the elderly identified in Table TV.'-B of your approved. ILT.. ' • 3. ITew map clearly identifying "the census tracts to be utilized in all.proposed new construction housing activity indicating, 'the loco. -Lions of your ethnic,' elderly and female -headed households. Should you have any questions on these concerns please address them to your Community Planning and Development Representative, Pedro ITewbern, at (213) 683-5860. Sincerely, jAroo LOT Coemituv.ty Pleaulins and Development t c- Division COMMISSIQNERS • 9 m y y Cit of Newport Beach 4 August 18, 1977 nOLL CALL Request to install relocatable buildings as tempo ary classroom facilities on City -owned property ii cppiunction with the Carden Hall School of Corona del Mar. Location: 3300 Fifth Avenue, located on the northeasterly corner of Fift Avenue and Ma'r.guerite Avenue in Corona del Mar. Zone: O-S Applicant: John D. Wilson, Corona del Mar Owner: City of Newport Beach ' Staff reviewed the concerns of the applicant with respect to Condition No. 2 which would require panic door hardware and building anchors; and Condition No. 3 which would require the posting o a bond. Planning Commission discussed the need for the bond which was recommended in the amount of $1,000.00. Discussion was opened to the public in connection with this matter. Barney Larks, 1901 Burrow Lane, Newport Beach, Vjce-President of the Friends of Oasis, appeared before the Commission to comment on this request. He urged that the termination date of June 30, 1978, be absolute; that the bond be required as recommended; and that the buildings be relocated cjoser to the existing buildings to the south in order to provide more grassy area between the north wing and the relocatable buildings for use by the senior citizens. There being no others desiring to appear and be heard, the discussion was closed. Motion X Motion was made that Planning Commission make the All Ayes fallowing findings: 1. That the proposed use is consistent with the Land Use Element of the General Plan and the intent.of the City Council to temporarily allow the joint use of the existing complex until June 30, 1978. Page 12. MINUTES IN13KX yIG COMMISSIONERS 9cF v� o0 pF A. City of Newport August 18, 1977 0 Beech MINUTES oLL CALL 2. That the project will not have any significant environmental impact and is categorically exempt from the requirements of the California Environmental Quality Act. 3. That the proposed structures exceed the mipimi requirements of the Municipal Code and will bE requited to meet the requirements of the Uniform Building Code (1973 Edition) and Title 19 and Title 24 of the California Administrative Code. 4. That the structures will be 1-ocated on the si- so as to maximize the use of the remaining opi space. 5. The approval of Use Permit No. 1839 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of person! residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the genera welfare of the City. and approve Use Permit No. 1839, subject to the following conditions: 1. That development be in substantial compliance with with site plan as submitted. The locatii of the structures shall be reviewed by the Building Official and the Di -rector of Parksi Beaches and Recreation.to insure that the required separation between structures is maintained and to ensure that maximum use of the remaining open space can be made taking into consideration the needs of both users of the site. 2. That the proposed structures meet the require ments of the 1973 Edition of the Uniform Buil= ing Code and Title 19 and Title 24 of the California Administrative Code. 3. That this permit shall terminate on June 30, 1978. The temporary structures authorized by this permit shall be removed and the site restored to its current condition by the applicant by that date. To ensure compliance with this condition, the applicant shall be Page 13. ce an 11 TOR M. INDIM COMMISSIONERS 1 1 Ci y of Newport Beach s %s 9 < • . oy August 19, 1977 ROLL CALL required to make a cash deposit or post a bon with the City in the amount of $1,000.00. Planning Commission requested that the Building Official and the Director of Parks, Beaches and Recreation get together with respect to the loca- tipn of the relocatable buildings and try to 4ccommodate both the applicant and the senior gitizens group; and, if possible, move the build - a little closer•to the existing school on Nlegs O south and a little further away from the ggildings on the north. Planning Commission recessed at 8:30 P.M. and reconvened at 8:35 P.M. Request to consider amendments to'Chapter 20.11 and Chapter 20.15 of the Newport Beach Municipal Code relating to development standards in the R-2 District. Initiated by: The City of Newport Beach Public hearing was opened in connection with this matter. Gordop-Glass, Architect, appeared before the Commission to comment on this amendment. He. requested clarification as to where these new standards would be applied and how the new stand- ards would affect lots of less than 2,400 square feet. He advised that after giving this matter much thought, felt that the standards which apply to property within the Coastal Zone should not be applied to those fortunate enough to.live outside the Coastal Zone and, therefore, two sets of standards should be established. There being no others desiring to appear and be hpard, the public hearing was closed. Planning Commission discussed the various alterna tives, and related parking which would be required Motion X Motion was made that Planning Commission recommen to the City Council approval of Amendment No. 486 Paq,e 14. MINUTES INOKX r -4 August 12, 1977 TO: FROM: SUBJECT: LOCATION: ZONE: APPLICANT: OWNER: Application Planning Commission Meeting August 18, 1977 Item No CITY OF NEWPORT BEACH Planning Commission Department of Community Development Use Permit No. 1839 (Public Hearing) Request to install relocatable buildings as temporary classroom facilities on City -owned property in con- junction with the Carden Hall School of Corona del Mar. 3300 Fifth Avenue, located on the northeasterly corner of Fifth Avenue and Marguerite Avenue in Corona del Mar. O-S John D. Wilson, Corona del Mar City of Newport Beach This application requests approval for the temporary use of relocatable buildings for classroom space in conjunction with the Carden Hall School in Corona del Mar. In accordance with Section 15.21.030 of the Newport Beach Municipal Code, relocatable buildings are permitted in any district, subject to the securing o-f a use permit in each'case. Environmental Significance This project has been reviewed and it has been determined that -it is categorically exempt from the requirements of the California Environ- mental Quality Act. 'Under Class 14 (Minor Additions to Schools) the Act provides that minor additions to existing schools, including the addition of portable classrooms, may be made to schools within existing school grounds, where the addition does not increase original student capacity by more than 25 pe.rcent or 5 classrooms, whichever is Tess. In this particular case, portable classrooms containing a total of 2,080 square feet are being added to the school facility to replace 2,944 square feet which will be occupied as the first phase of a Senior Citizens Center on.the same site. The classrooms are not being added to increase student capacity. Conformance with the General Plan The Land Use Element of the General Plan designates the site for "Recreational and Environmental Open Space." The existing and future use of the site is consistent with this designation. Background The site is currently occupied by a complex of three buildings containing 8,352 square feet of floor area. The complex includes an administration building plus two wings containing classrooms and restroom facilities. The north wing of the complex will be occupied as the first phase of a Senior Citizens Center authorized under Use Permit No. 1814 and approved by the City Council on February 14, 1977. A site plan and development schedule for the Senior Citizens Center is attached. Item No. 7 TO: Planning Commission - 2. The administration building and south wing of the complex will continue to be occupied by the Carden School pending the expiration of the current lease which expires on June 30, 1978. Following that date it is anticipated that the two buildings vacated by the school will be renovated and the entire complex will be developed and operated as a Senior Citizens Center. The Carden School has vacated the north wing of the complex as required by the City Council on May 23, 1977, and is now seeking approval from the Planning Commission to replace the space with relocatable buildings. (See attached minutes from the City Council meeting of May 23, 1977.) As noted above, relocatable buildings are permitted subject to a use permit. Public hearings on use permits are discretionary although it is the policy of the Commission to hold a public hearing and notify surrounding property owners of each request. In this particular case, the City Council' has requested that the Planning Commission dispense with the public hearing and no formal public notice of the Commission's intent to consider the applicant's request has been made (see attached minutes from the City Council meeting of June 13, 1977). Analysis The applicant proposes to use two relocatable structures each with interior dimensions of 20 feet by 52 feet and containing 1,040 square feet. Each building will be divided into two classrooms. Each class- room will be used to accommodate approximately 20 students. The Municipal Code requires that each structure be a minimum of 15 feet in width and contain a minimum of 600 square feet. The applicant's proposal exceeds these minimum standards. In addition to the standards noted above, the structures must be manufactured in -compliance with the requirements of the State Depart- ment of Community Development and must have the state seal of approva-1 designating it as a classroom building. It should be noted that the structures illustrated in the brochure furnished by the applicant, to the best of staff's knowledge, do not meet the State's requirements for classroom use. The staff has requested Action Mobile Office Rentals to furnish the City with additional information. The structures are proposed to be located on a turfed open area between the north and south wing of the complex. The attached site plan indicates that they would be located approximately midway between the two wings. The staff suggests that the location of the proposed structures be reviewed by the Director of Parks, Beaches and Recreation and the Building Official to ensure that the required separation between existing and proposed structures is observed (up to 20 feet) and that maximum use of the remaining open space is made, taking into considera- tion the needs of both the school and the Senior Citizens Center. After the buildings have been located on the site, they will have to be equipped with approved foundation anchor systems designed to resist lateral loads. Specific Findings and Recommendation. Section 20.80.060 of t'he Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or build- ing applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighbor- hood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends the approval of Use Permit No. 1839, and suggests that the Commission make the•findings and impose conditions of approval as follows: Item No. TO: A. Findings: Planning Commission 3. That the proposed use is consistent with the Land Use Element of the General Plan and the intent of the City Council to temporarily allow the joint use of the existing complex until June 30, 1978. 2. That the project will not have any significant environmental impact and is categorically exempt from the requirements of the California Environmental Quality Act. That the proposed structures exceed the minimum requirements of the Municipal Code and will be required to meet the requirements of the Uniform Building Code (1973 Edition) and Title 19 and Title 24 of the California Administrative Code. 4. That the structures will be located on the site so as to maximize the use of the remaining open space. 5. The approval of Use Permit No. 1839 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. Conditions: That development be in substantial compliance with the site plan as submitted. The location of the structures 'shall be reviewed by the Building Official and the Director of Parks, Beaches and Recreation to insure that the required separation between structures is maintained and to ensure that maximum use of the remaining open space can be made taking into consideration the needs of both users of the site. 2. That the proposed structures meet the requirements of the 1973 Edition of the Uniform Building Code ant Title 19 and Title 24 of th•e California Administrative Code. 3. That this permit shall terminate on June 30, 1978. The temporary structures authorized by this permit shall be removed and the site restored to its current condition by the applicant by that date. To ensure compliance with this condition, the applicant shall be required to make a cash deposit or post a bond with the City. The amount of the deposit or bond shall be determined by the Building Official. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By g, �- mes D. He.wicker, Assistant Director - Planning JDH/sh Attachments: Site and Floor Plans Brochure from Action Excerpt from minutes May 23, 1977, June Development schedule Center Mobile Office Rentals of City Council meetings of 13, 1977, and July 11, 1977 and site plan for Senior Citizens Item No. 7 F22eb dJ /#;'g �voainN OyA'7 G 1 vnr1�'�aly PrJQ �' 17/54-/-''r9�/ Jo A e 4"-> Av7 7 7 / 6f J (j�d5'C �sv,ctiy� r 160' x 55' COMPLEX 50' x 55' COMPLEX r" y �REA1'NES�RN� r11 IV0 d0 A110 inr •1Cr. ; b 03l,1 IOSN 8t,Z06 VIN140=1I-1VO 'VNa(3UV'J ,IVMOVOUS H.Lnos OEZLt S1tl1N3H 331330 3118OW N0113V 20' x 55' COMPLEX 20' x 55' COMPLEX Complexes can be expanded to meet your requirements by adding additional 10 ft. modules. IF YOU NEED CALL ... 321=2011 Action Units provide temporary office and special purpose facilities on a job site, in isolated areas, orat your plant without delay, advance planning or expense of construction. Action Mobile Office units are ideal for temporary banks. Heavy safes and equipment pose no problem. Restroom Trailers, both male and female, are available. Single units are available in sizes from 10 x 24 ft. to 10 x 55 ft. 10' x 55' 10' x 24' TYPICAL IN I hHIUH 1 - —� NORTHERN CALIFORNIA OFFICE -406:01 MOBILE OFFICE RENTALS 904 PARDEE ST., BERKELEY 94710 GA�U1N 17230 S. BROADWAY • GARDENA, CALIF.90248 416 — 849.0891 213 — 321.2011 & 327.1474 10' x 30' 10' x 32' 1 o' x 40' 10' x 52' 10' x 24- 10' x 25- 10- x 33- 7 /I 10- x 35- 10- x 44' 10- x 55, 20. x 55' 0 FLOOR: Vinyl tile (carpeting optional) CEILING:*Whiteacoustical plank tile INTERIOR: Prefinished wood grained paneling EXTERIOR: Pre patterned white aluminum panels LIGHTING: Surface mounted 8' dual tube fluores- cent fixtures A WINDOWS: Covered with drapes on traverse rods plus screens on opening windows HEATING: Electric, thermostat controlled, gas available on some models DOORS: Each door is 40" wide STEP$: One set per door w/rails and non- skid surface AIR CONDITIONING: Optional any trailer can be equipped with 1 to-6 tons of refriger- ated air — ceiling ducted & thermostat controlled i SCALE. 1/8"= 1" w • CITY OF NEWPORT BEACH COUNCILMEN 19 Os m\ Fy iy t ps 9� F�v� \ \ T...... .1 Q 1 077 MINUTES MULL LALLN X X X funds donated by Tuesday Club, from Unappropriated Surplus and Donations and Contributions, Park and Recreation Fund. (Report from the Parks, Beaches and Recreation Director) BA-97, $134,268.90 transfer of funds to provide -.,for fiscal period 1976-77 Federal Revenue Sharing Aind reimbursement for Capital Outlay items purchased by General Fund for Police ($49,933.12), Fire ($29,W,1.57), Marine ($40,810.00), and Public Works - Engineer ng ($13,754.21), from Federal Revenue Sharing Fu to General Fund. BA-98, $5,550.00 increase iti,,Budget Appropriations and decrease in Unappropriated' -Surplus for Water Fund portion of work on Sups r Avenue Improvements (Contract 1665), Water Fu BA-99, $4,500.00 transfer of funds from Corpora on Yard reserve for Corporation Yard improvement .work included in Contract 1665, Superior Avenue Improvements, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. A report was Presented from the City Manager regarding the use permit for relocatable school buildings in connection with the Carden School site. The Planning Commission was requested to dispense Ayes x x x x x with the public hearing in connection with the Noes x t_emporary Use Permit which will be;reyuired of Absent x the Carden School for use, of relocatable school buildings. 2. A letter to Mayor Dostal from the Department of Motion x Transportation advising of a resurfacing project along Newport Boulevard from Finley Avenue to just north of Mesa Drive in Costa Mesa, which will be conducted at night starting about the middle of Ayes x x x x July and taking two months to complete, was Noes x x referred to the City Clerk for filing and , Absent x inclusion in the records. Councilman Ryckoff was excused from tho'meeting. 3. A report was presented from, -the City Attorney regarding the keeping of,4ild birds and pigeons in residential districts. Proposed Ordinance No. 1742, being, Motion x AN 0 tNANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 7.15 ENTITLED ,,"FOWL" TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented. Mayor Dostal asked that the violation be changed from a d1misdemeanor" to an "infraction." Ordinance No. 1742, as amended, was introduced and Ayes x x x passed to second reading on June 27, 1977. Noes x x Absent x x Volume 31 - Page 161 CI Y OF NEWPORT BE • N i-0 COUNCILMEN \ \ PpGO" Mav, 23. 1977 MINUTES INDEX LALL of the Sheraton Hotel; and R. H. Spooner, repre- senting the Newport Harbor Chamber of Commerce. ,tion x The hearing was closed after it was determined 39 tes x x x x x x x that no one else desired to be heard. Resolution No: N091, adopting an,amendment to the R-9091 Planned Community Text for Newport Place,dealing )t1on x with•the parking requirements for., the Sheraton jes x x x x x x x HotelLwas adopted. )aPa)tlon x An amendment to Use Permit No. 1547.(amended) was isuljes x x x x x x x approved_as, requested. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1731, being, Handbills 0-1731 AN ORDINANCE OF THE CITY OF NEWPORT BEACH-. AMENDING SECTIONS 5.40.020, 5.40.030 AND 5.40.040; ADDING SECTIONS 5.40.052 AND 5.40.054; DELETING SECTIONS 5.40.050,15.16.080 AND 15.16.090 OF THE NEWPORT BEACH MUNICIPAL CODE EXTENDING THE PROHIBITIONS THEREIN AS THEY RELATE TO DISTRIBUTION OF HANDBILLS TO PRINCIPALS AS WELL AS AGENTS; AND ADDING SECTION 5.40.080 DECLARING A VIOLATION OF CHAPTER 5.40 TO BE AN INPRACTION, 10 was presented for second reading. A report was presented from the City Attorney. otion x Ordinance No. 1731 was adopted. yes X X X x X x X' )rt 2. Ordinance No. 1733, being, Park Dedication ied AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0-1733 tnity ADDING CHAPTER 19.50 ENTITLED "PARK DEDICA- TION" TO TITLE 19 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented for second reading. lotion x Ordinance No. 1733 was adopted. .yes x x x x x x x - CONTINED BUSINESS: \ 1. A report dated April 25 from the City Manager Carden regarding the negotiated lease with the Carden School School for the property aC 5th an_dM_ar_guerite in Lease Corona del Mar was presented." A report was presented from the Parks, Beaches and Recreation Department regarding the Senior Citizens Center. A letter from Supervisor Riley was presented enclosing an amendment to the Community Develop- ment Block Grant Program to provide for the transfer of responsibility of H/CD activities. i Volume 31 - Page 131 CITY OF NEWP0RT BEACH COUNCILMEN Motion Motion 1977 MINUTES Letters opposing the joint use by Senior Citizens and pupils of the Carden School from Dorothy B. Knox and J. F. Mariscal were presented. A,letter opposing a Senior Citizens Center from Helen W. Frank was presented. A letter from the Voluntary Action Center was presented in favor of a Senior Citizens Center in del Mar by August of this year. Corona Pat Temple, Assistant Planner in the Community Development Department, gave a brief staff report. The following people addressed the Council opposing the renewal of the lease for the Carden School on the property at 5th and Marguerite and/or opposing joint use of the school property: Whit Cromwell, Chairman of the Orange County Senior Citizens Council; Si Slavin, Chairman of Multiple Senior Service Center Committees for Senior Citizens Council of orange County; Gerald White; Robert Pettingill, a gerentologist on the staff at Saddle- back College; Janet Mariscal; Dr. Jerome Tobis, Professor at UCI Medical School in field of physical medicine and rehabilitation; Mary Lanier, a staff member of Orange County Senior Citizen Program Office, Area Agency on Aging; Keith Holt, Director of Leisure Services for the City of Costa Mesa and Linda Putnam, Director of Senior Programs; Shirley Laskin, a member of the Council on Aging of Laguna Beach; Sandy Steiner; Joe Mariscal; and Linda Sutherland, the site manager for Garden Grove Senior Citizens Center. Frank Remer asked for information regarding the position of HUD regarding the grant.__ request of the Mayor, the City Manager briefly summarized the latest correaoondence from HUD. May Marlowe asked for information regarding the Senior Citizen Survey which had been conducted, d to contact staff for the informa- and was advise tion. d George Perlin addressed the Council inofavorHannaofnextending the Carden School lease- solu- tioncNO. 9092cauthorizing the Mayor and the etheCity Clerk to execute a Lease Agreement for the Carden School on the 5th and Marguerite property. Councilman Williams made a substitute mottitheronnyor tto adopt Resolution -"No. 9092 authorizing and City_Clerk to execute a Lease Agreement for Carden School oiiythe 5th and•Marguerite property, to iequire that the Carden School give up the entire north wing, and instead, if they choose, rent trailers'or mobilehomes to be used on the site; and to reduce the re�heasquareproposed footage that lease to• Carden School by would be given up. Volume 31 - Page 132 R-9092 cc tic *Y OF NEWPORT BE41CH l' 7 MO 60 00UNCILMEN ��S g3pFT9� O� y ,2N rAf i May 23, 1977 MINUTES INDEX The following people addressed the Council opposing the renewal of the Carden School lease: Rita K. White, Barney Larks, Glenn 1. Anderson and Thomas Pox. otion x Mr. Larks was granted an additional minute for his yes x x x x x x x Presentation. The following people addressed the Council in favor of extending the Carden School lease: Christopher Steele, Jerry Williams and Stan Jones who also suggested a stop sign at the intersection of 5th and Marguerite. otion x Mr. Steele was granted two additional minutes for yes x x x x x x his presentation. oes x otion x Mr. Steele was granted an additional minute for yes x x x x x his presentation. oes x x John Wilson of the Carden School addressed the Council and stated he would agree to either of the above motions. A 'vote was taken on Council Williams' substitute yes x x x x x on, which motion carried, and Resolution No. motion, oes x x 9092,- authorizing the.Mayor and City Clerk to execute a Lease Agreement for Carden School on the Sth and Parguerite property, amended in accordance with Councilman Williams' motion, was adopted. otion x The staff was directedto prepare an agreement yes x x x x x x x betwieen"ihe "County••of _ Orange and"the City �o, transfer responsibility for the first and second year -Community Development Block Grant Agreements; to keep the draft of that agreement with the wording used in the first two years' agreements which were executed by both the County and the City; and to return the draft to the Council prior to the next Council meeting and place _ on the next agenda for execution by the City at that time. It was agreed thgt the staff would report back at the next meeting on the'procedures'regarding.the _ use of movable buildings as classrooms. ,otion� x 2. The question of the vacation of Ticonderoga Ticonderog yt&, x x x x x x x Street was postponed to August 22, 1977. Street 3. Citizens Advisory Committees: otion x (a) (District 2) Councilman McInnis' appointment Bicycle yes X x x x x X x of a member to the Bicycle Trails Citizens, Trails Advisory Committee to fill the unexpired term CAC of Duane C. Black ending December 31, 1977 �ira postponed to June 27. otion x (b) (District 74 Councilman Williams' appointment Trans Plan yes x x x x x x x o£ Jeanne Gio no as a member of the Trans- CAC portation Plan Cit ns Advisory Committee to fill the unexpired term Robert D. Curci ending December 31, 1977 wa onfirmed. Volume 31 - Page 133 t . CPY OF NEWPORT BEWH MINUTES C( Motion Motion PA July 11, 1977 CONTINUED BUSINESS: 1. A report was presented from the Council ad hoc HUD Block Grant Committee in.copnectigp`wath the pro ep rty at 5th and Marguerite. A report was presented from the City Manager regarding alternate funding of the 5th and Mar- guerite Avenue property. Bill Wenke, attorney for the Carden School, addressed the Council and indicated they would like to have a little more time on the lease depending on Council's action. Councilman Ryckoff made a motion to continue _the lease and advise HUD.• ✓ Councilman Williams asked that the motion be amende to include an attempt to secure't1ie third year block grant funds, including: eri£itlementCand inequities, which amendment'was-not accepted by the maker of the motion. Councilman Ryckoff requested the following state- ment be included in the record: "1. We can finance a senior cititzens project on our own. "2. In doing own financing, we can exercise local control which this Council has expressed an interest in maintaining. 113. If HUD funds are accepted we are faced with a subsidized housing goal of 568 units. If we set such goals and ignore them, we are prostituting ourselves and the•City to get Federal funds. If we mean to live up to these goals, we are embarking on a new social program of far-reaching consequences. 114. Where will these units go? In existing built-up areas? Mr. Wynn's letter of June 21 amends our application to include all undeveloped residential sites in the City. What is the effect of such development on property values? Would sites on Irvine Avenue on .West Bay be suitable, or the Castaways, or a number of the Newporter or Newport Center high-rise sites? Developers' reaction would be of interest. 115. If we go our own way, we can encourage and take advantage of voluntary help such as offered by the Soroptimist Club, and urged by Mrs. Forgit, in their letter of July 6. There is nothing wrong Volume 31 - Page 178 HUD Block Grant (2082) CITY OF NEWPORT BAH COUNCILMEN C ((�9�5\Fy iy OFA CAI t �\ \ July 11'. 1977 MINUTES I NM7V with voluntary help, and there is nothing like standing on your own feet. It is a healthier posture than looking for hand- k outs, and leads to more practical and t 2) rational programs. 116. The Wall Street Journal lead editorial on July 1, 1977 details the kind of problems that occur in subsidized housing, in this case in New York. It seems that problems will inevitably arise when ordinary economics are ignored, problems of deficits, of inability to meet debt service and of tenant attitude. The article goes on to say 'We see the familiar pattern of government locking itself into a program with unforeseen costs, and making these costs even greater by bending to electoral pressures. The only beneficiary is (in this case) some well -organized segment of the middle class.' "7. I am confident there is little community support for the HUD fund program, and I believe that one committee has run unchecked with the ball, and a small number of interested people have worked bard and effectively. I only wish that equal attention was given to other committees who have also worked hard but, without the lobbying and public relations assistance, have found their recommendations not even diejausesed by the Council. I believe if this HUD matter was put to public vote, it would have no chance with the voters in Newport Beach. Also, the Newport Harbor Chamber of Commerce recommends against Federal funding. 118. Finally, higher branches of government vie with one another in imposing social- istic programs, which are simply income transfer schemes. I believe we do not have to promote such activities at our level, and in fact that it is in our best interest to oppose them and not participate." Ayes x x x x x x A vote was taken on Councilman_Williams' motion to Noes x ^amend, which motion"carried.7 Councilman McInnis asked that the motion be amended to write a letter to Orange County giving the same response given by the City of Tustin, which amendment was accepted by the maker of the motion. I Volume 31 - Page 179 tITY OF NEWPORT AACH MINUTES C Ayes Motion Ayes x x x x Motion x Ayes x x x x x XI XI X x Ix Ix Oki A vote was taken on Councilman Ryckoff's amended motion to continue the Carden -School lease and to advise HUD; to attempt to secure the Third Year Block Grant funds; and to direct the staff to prepare a letter to Orange County Housing Authority similar to the one sent by the City of Tustin asking that the Authority provide as much assist- ance as possible to eligible residents under the Housing Assistance Program -Existing Housing, which motion carried. Councilman Rogers read into the record, and made a motion to adopt, Resolution No. 9135: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH URGING SUPPORT OF A POSITIVE ATTEMPT ON MEMBERS OF THE PUBLIC AND COMMUNITY ORGANIZATIONS TO UNITE TOGETHER AND MOVE FORWARD TO IMPLEMENT AN ACTIVE SENIOR CITIZENS PROGRAM WHEREAS, the issue of a Senior Citizens Center and the third year HUD application for funding has been before the City Council since Fall, 1976; and WHEREAS, nearly thirty hours of public testimony have been heard by the City Council; and WHEREAS, many hours have been expended outside of public hearings on the part of all of the members of the City Council in planning for such a facility; and WHEREAS, the City Council has attempted to weigh carefully and with compassion all evidence that has come before the City Council; NOW, THEREFORE, BE IT RESOLVED that the City Council encourages and supports a positive attempt on the part of the members of the Council, the members of the City staff, the Community Development Citizen's Advisory Committee, the Oasis Group, the various news media and all the citizens of this City to now unite together and move forward in a meaningful, positive manner to immediately implement an active Senior Citizens program. Resolution No. 9135 was Senior Citizei Center R-9135 (2082) 2. A report was presented from the Parks, Beaches and Karin Recreation Director to the City Manager regarding (209) the Marinapark walkway. The staff was directed to construct the Marinapark walkway to an 18-foot width: Volume 31 - Page 180 tic DEVELOPMENT SCHEDULE *FOR SENIOR CITIZEN CENTER Activity Status/Completion Schedule 1. Operational date for existing north wing portion of Senior Citizen Center. 2. Hiring of Senior Citizen Coordinator 3. Preparation of administration papers including those needed for Senior Citizens' Board of Directors, etc. 4. Capital outlay and recreational equipment and material for north wing section of facility purchased. 5. Preparation of plans and specifications for initial improvements of north wing. (Removal of architectural barriers, railings, kitchen, parking lot, etc.) 6. Selection of architectural firm for design of multi- purpose facility. 7. Minor renovation completed on approx. 3500 sq.ft. of exist- ing facilities of north wing. The Senior Citizen activity has commenced. Completed (Starts August 29, 1977) Current and on -going Current and on -going Current and on -going September 12, 1977 if re- programmed second year funds are utilized. October 11, 1917 if third year discretionary funds are utilized (dependent on issu- ance of authorization to pxpend funds.) , Nov/Dec 1977 or 6/8 weeks after approval of Discre- tionary Application, we,. 2 - Acti vi ty 8. Preparation of plans•and- specifications for major additions and improvements. 9. Complete vacation of facility'by school•. 10. Completion of minor reno- vation of south wing and administration building vacated by school. 11. Completion of major additions and improvements. 12. Entire improvement program 'completed, Multi -purpose Senior Center completely operational. Status/Completion Schedule Jan/Feb 1978 or 4/5 months after selection of archi- tectural firm. June 30, 1978 Sept. 1978 - 3 months after vacation by school. Oct. 1978 or 12 months after approval of Discretionary Application. Oct 1978 or 12 months after approval of Discretionary Application. ' The Housing and Community Development Needs Identification P'rogram•.is an on -going and continuous activity requiring no environmental assess- ment which is part of the -CDBG Program of the City.-.. PT/kk 8/11/77 a .:3 r - - -- - - - - --- -- - r i-r-r N IC roT��"' �f- WiPQ ' PLAN: OGG90O1 90402C rN.1 C3UMM, P� ,7 0 0 ry :.i'� J��w• - CITY OF NEWPORT BEACH OFFICE OF.THE CITY MANAGER COUNCIL AGENDA No. H-7 b June 13, 1977 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: USE PERMIT FOR RELOCATABLE SCHOOL BUILDINGS During the Council Meeting of May 23rd, the Council requested a report from staff concerning the possible waiver of the use permit by the Carden School'to establish relocatable buildings on the Carden School site. Attached you will find a report from the Assistant Community Development Director for Planning; the Assistant Community Development Director for Building; the Community Development Director; and the City Attorney. These reports are self-explanatory and conclude that a waiver should not be granted for the use permit requirement for relocatable buildings. The.principals of the Carden School have been mailed all the data with the exception of the memorandum from the City Attorney. ROBERT L. WYNN RLW:ib Attachments y • • To: From: CITY OF NEWPORT BEACH City Manager City Attorney Subject: Waiver Of Use Permit For Relocatable Buildings - Carden School Office of CITY ATTORNEY June 2, 1977 Section 15.21.030 of Chapter 15.21 of the Newport Beach Municipal Code entitled "Erection, Use and Occupancy of Relocatable Buildings" provides in part that no building permit or reloca- tion permit shall be issued for the erection or -placement of a relocatable building unless the applicant for said building permit has first applied for and obtained a use permit from the Planning Commission. There is no provision in Chapter•i,5.21 for granting a waiver of the use permit requirement for the installa- tion of relocatable buildings. , Chapter 20.80 of the Code pertains to use permits. There is no provision in Chapter 20.80 permitting a waiver of the use permit filing fee. In commercial and industrial districts, the Director of Community Development may authorize the -temporary installation of.struc- tures. You may recall that this procedure was followed in the placement of the relocatable buildings in the parking lot after' tho Mariners Mile fire. No such authority is given the.Community Development Director in the other districts in the City. The Fifth and Marguerite property is located in the Open Space District. There is ample case law authority to exempt the City from its building and zoning requirements under the doctrine of sovereign immunity when acting in its governmental capacity. Board of Trustees v. City of Los Angeles (1975) 122 Cal. Rptr. 361. 3 � � City Manager June 2, 1977 Waiver Of Use Permit For Relocatable 'Buildings - Carden School Historically, however, the City has refrained from exercising this immunity and has applied the same standards and regula- tions to its own projects. For example, the Senior Citizens Center at Fifth and Marguerite was required to obtain a use permit in February of this year. Regardless of the doctrine of sovereign immunity, there remains the question as to whether this immunity extends to lessees of governmental agencies who are involved in a.nongovernmental activity. The City has in the past taken the position that it does not - reference the Newport Dunes property. For the reasons stated above, it is the opinion of this office that the Council cannot grant a waiver from the use permit requirement for relocatable buildings. DENNIS D. O'NEIL City Attorney DDO/bc ' � aEW PpRI Deport& of Community Deve opment J S �'+t�FonN�r DATE: May 24, 1977 TO: City Manager FROM: Community Development Director SUBJECT: Carden School - Relocatable Building The relocatable.building for•Carden School will requird'a use permit. The filing date for the use permit application for the Planning Commission meeting of July 7 wil-1 be Friday; June 10. It appears that the school may be exempt from'the Environmental Quality Act, but this cannot be finally determined until at least a tentative plot'plan can be examined. Portable structures can meet the requirements of the Building " Code for classrooms. They must be manufactured in compliance with State requirements, have adequate separation from -existing . buildings, and be set on approved foundations.; Mr. Wilson should see Jim Hewicker regarding the use permit application and Bob Fowler regarding building permits. Copies of the memorandums from Mr. Hewicker and Mr. Fowler are attached. RVH/kk Attachments UL4_,roe,�, DeparOnt of Community Deve�imeat DATE: May 24, 1977 TO: R. V. Hogan FROM: J. D. Hewicker .SUBJECT: Relocatable Buildings for Carden School The Carden School site was recently reclassified from the "R-2-B" District to the "OS" Open Space District. While a school would have required a use permit under a residential classification,.it would .be automatically permitted under the.open space zone (Section'20.52.040). Relocatable buildings, on the other hand, are required to have a use permit in any case.('Section 15.21.030). As to the need for an -environmental document, I cannot giye you a definite answer until I see a plan. However, the California . Environmental Quality Act under Class 14 would categorically exempt minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more than 25q, or five classrooms, whichever•i.s less. Portable classrooms are specifically included in this exemption.. A Negative Declaration was processed for the conve.rsion'of the existing school to a Senior Citizens' Center. The real question here may be what effect does the Councils' decision have on the use permit for the Senior Citizens' -Center and the Negative Declaration that was processed with it.. I think the answer may well be that the Senior Citizens' Center is now automatically permitted and as such, -is -now a ministerial project and exempt. The next filing deadline for us,e permits.would be on June loth for the Planning Commission meeting of July 7th. er JDH/kk '' n 6� np1r 4 �0 ©epartitnt of Community ®eve pment C'9CIFU R���I• DATE: May 24, 1977 TO: Director FROM: Assistant Director -Building SUBJECT: PORTABLE CLASSROOM BUILDINGS The following requirements must be met prior to the installation of portable buildings: 1.. Planning approval (Section 15.21 of the Newport Beach Municipal Code) requires a use permit and establishes the requirement for a minimum floor area of 600 sq. ft., a minimum width of 15 feet and compliance with the building code. 2. ' Plot plans and state approved construction plans.for the modular or portable classrooms should be submitted to the department for review. 3.• Portable trailer -type structures must be manufactured in compliance with the requirements of the State Department of Community Development. The unit must have the state seal of approval designating it as a classroom building. 4. The portable buildings must be located in order that proper fire, separations are maintained between the existing buildings and between other portable buildings (may require 20 feet separation).. 5. Approved foundation anchor systems designed to resist lateral loads must be installed. BOP; ER +:udm-' --'"•Va3.7:�:_s:+taiv?..,. Y:?%_ _ -l''d: '•"i,i i": �- ?i, a`��--"�i k:: .�-f,��a: ;) ": ___ �,1 ©F `NEWPT COUNCILMEN CH' ' y' •PP y.iv'r i, f ROLL .CALL_ l4_ IQ77 i t ,: •'A 1 t r.p funds donated by Tuesday Club, from Unappropriated Surplus and Donations and Contributions, Park and Recreation Fund. (Report from the Parks, Beaches and Recreation Director) BA-97, $134,268.90 transfer of funds to provide for fiscal period 1976-77 Federal Revenue Sharing Fund reimbursement for Capital Outlay items purchased by General Fund for Police ($49,933.12), Fire ($29,771.57), Marine ($40,810.00), and Public Works - Engineering ($13,754.21), from Federal Revenue Sharing Fund to General Fund. BA-98, $5,550.00 increase in Budget_ Appropriations and decrease in Unappropriated Surplus for Water Fund portion of work on Superior Avenue Improvements (Contract 1665), Water Fund. BA-99, $4,500.00 transfer of funds from Corporation Yard reserve for Corporation Yard improvement work included in Contract 1665, Superior Avenue Improvements, General Fund. ^^ ITEMS REMOVED FROM THE CONSENT CALENDAR:_________-___, - 1. A report was presented from the City Manager Carden j regarding the use uermit for relocatable school School i buildings in connection with the Carden School site. Motion x The Planning Commission was requested to dispense Ayes x x x x x with the public hearing in connection with the Noes Absent x temporary Use Permit which will be required of x the Carden School for use of relocatable school buildings. 2, l A letter to Mayor Dostal from the Department of Resurfacinj Transportation advising of a resurfacing project Newport B1, along Newport Boulevard from Finley Avenue to just north of Mesa Drive in Costa Mesa, which will Motion Ayes x x x x x be conducted at night starting about the middle of Noes July and taking two months to complete, was x x referred to the City Clerk for filing and Absent x inclusion in the records. Councilman Ryckoff was excused from the meeting. 3. A report was presented from the City Attorney Animal regarding the keeping of wild birds and pigeons Control/ in residential districts. Fowl 0-1742 <, Proposed Ordinance No. 1742, being, „ AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 7.15 ENTITLED "FOWL" TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented. Mayor Dostal asked that the violation be changed from a •"misdemeanor" to an "infraction." - '• Motion Ayes x Ordinance No. 1742, as amended, was introduced and Noes x x x' passed to -second reading on June 27, 1977. Absent x x x x ' Volume 31 - Page 161 �y,}-;a :Nt a .i: r �:i u. �.v:a.i�i�''r4;.'r .ac i.-�v y.ws�n�ti..`n..ev� �.:::,'vw`3:<�+'a'•iX�.r��N'wr`ss.v.�W'+,':•-%: CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY (714) 640-2201 C,_,Tune Mr. John Wilson 2017 Miramar Drive Balboa, California 92661 Dear John: Enclosed herein is the original and one copy of the revised Carden School lease. The HUD acceptance language has been modified to incorporate the language in the original draft lease. Also, at your request, I have deleted a reference in the term of the lease to the understanding that the City would not grant any further extensions of this lease beyond June 30, 1978. Although I am sure -it is generally understood by all parties that a further lease renewal.beyond June 30, 1978 is unlikely,. I have removed the reference on that point as it was not part of the motion passed by the City Council. Similarly, I have not included any provision providing for student use of the restrooms in.the North Wing as this was not considered by the Council when they approved the new lease. Of course, there is nothing in the lease which would preclude you from negotiating with the Seniors directly for the use of the . restroom facilities. If the lease document meets with your approval, please sign and have Judy sign the original and return to this office, so that I can obtain the signatures of the Mayor and City Clerk. A stamped, self-addressed envelope has been enclosed for your convenience in returning the agreement. Very truly yours, DENNIS D. O'NEIIL City Attorney DDO/bc cc: City Manager City Hall • 3300 :Newport Boulevard, Newport Beach, California 92663 NEWPORT BEACH May 25, 1977 Mr. John Wilson The Carden School of Corona del Mar 3300 Fifth Avenue Corona del Mar, California 92625 Dear John: Enclosed you will find a copy of a memo from Mr. Hogan concerning the placement of relocatable or portable buildings in the City for school use. Please contact Mr. James Hewicker at your earliest convenience to obtain the necessary forms to process the Use Permit. Sincerely, . ROBERT L. W ail"' N City Manager Enclosure fd4^-A�-� IL�'� t�,y,�,• City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 (714) 640-2151 0 bye a Iq c GV ,►tom G 6 ev1-C- ; / o- grv, DATE: May 24, 1977 TO': City Manager FROM: Community Development Director SUBJECT: Carden School - Relocatable Building The relocatable building for -Carden School will require a use permit. The filing date for the use permit application for the Planning Commission meeting of July 7 will be Friday, June 10. It appears that the school may be exempt from the Environmental Quality Act, but this cannot be finally determined until at least a tentative plot plan can be examined. Portable structures can meet the requirements of the Building Code for classrooms-. They must be manufactured in compliance with State requirements, have adequate separation from existing buildings, and be set on approved foundations. Mr. Wilson should see Jim Hewicker regarding the use permit application and Bob Fowler regarding building permits. Copies of the memorandums from Mr. Hewicker and Mr. Fowler are attached.• RVH/kk Attachments Depar Ant of Community Dev'*ment DATE: May 24, 1977 TO: R. V. Hogan FROM: J. D. Hewicker SUBJECT:. Relocatable Buildings for Carden School The Carden School site was recently reclassified from the "R-2-B" District to the "OS" Open Space District.. While a school would have required a.use permit under a residential classification, it woul.d be.automatically permitted under the open space zone' . (Section 20.52.040). Relocatable buildings, on the other hand, are required to have a use permit in any case.("Section 15.21.036). As to the need for an•environmental document, I cannot give you a definite answer until I see a plan. However, the California Environmental Quality Act under Class 14 would categorically exempt minor additions to existing schools within existing school grounds where -the addition does not increase original student capacity by more than 25%, or five classrooms, whichever i_s less. Portable classrooms are specifically included in this exemption. A Negative Declaration was processed for the conversion,of the existing school.to a Senior Citizens' Center. The real question here may be what effect -does the Councils' decision have on the use permit for the Senior Citizens' Center and the Negative Declaration that was processed with it. I think the answer may well be that the Senior Citizens' Center is now automatically -permitted and as such, -is now a ministerial project and exempt. The next filing deadline for use permits would be on June loth for the Planning Commission meeting of.July 7th. JDH/kk . Otu:'� -, -n Daporlint of Community Deveimant DATE: May 24, 1977 TO: Director FROM: Assistant Director -Building SUBJECT: PORTABLE CLASSROOM BUILDINGS The following requirements must be met prior to the installation of portable buildings: 1. Planning approval (Section 15.21 of the Newport Beach Municipal Code) requires a use permit and establishes the requirement for a minimum floor area of 600 sq. ft., a minimum width of 15 feet and compliance with the building code. 2. ' Plot plans and state approved construction plans for the modular or portable classrooms should be submitted to the department for review. 3. Portable trailer -type structures must be manufactured in compliance with the requirements of the State Department of Community Development. The unit must have the state seal of approval designating it as a .cl'assroom building. 4. The portable buildings must be located in order that proper fire separations are maintained between the existing buildings and between other portable buildings (may require 20 feet separation). 5. Approved foundation anchor systems designed to resist lateral loads must be installed. B0 ER 1. The following subparagraph pertaining to. .Implementation of an On -going Citizen Participation -Program, A23231; of Paragraph 14 at page 13 shall be deleted: "Calculation of Project Costs: $13,697.00.11•, 2. The following subparagraph shall be substituted in place of the above: "Calculation of Project Costs: $6,564.55." B. The Community Development Block Grant Agreement dated October 12, 1976, is hereby amended as follows: 1. The following subparagraphs, pertaining to Land ' Acquisition for Senior -Citizens Center, A23430; of paragraph 14 at page 13 shall be deleted. a. "Calculation of Project Costs: $200,606-00.11 b. "Expenditure Schedule: "$200,000.00 will be' expended on October 1,•1976, or later if,grant monies are not available by this"date, as partial payment for the . site on Fifth and Marguerite Avenues." 2. The following subparagraphs shall be substituted in place of the above: a. ."Calculation of Project Costs:" $215,061.86.sr b. "Expenditure schedule: $215,061.86 will be -- expended on October 1, 1976, or•later, if grant monies' are not available by this date as partial payment for the site on Fifth and Marguerite Avenues." have the C ISeniors Cents bha. g have ube a� the entice eite no taten than June 30, 1978. The C. t y w.i eC•• not grant an exten ion: o b the. zchoot tease beyond June 30 1978.) C. The Community Development Block Grant Agreement dated October 12, 1976, is hereby amended as follows: 1. The following subparagraph pertaining to Citizens Advisory Committee, A23431, of paragraph 14 at page 13 shall be deleted: -2- EN PFY OF NEWPORT RACH Regular Council Meeting �y '2 Place: Council Chambers Time: 7:30 P.M. Date: May 23, 1977 Present Motion Ayes Motion Ayes Moti Ayes°n IX IXI.Ixixlxlx Motion Ayeslxlxlxlxlxlxjx Motion Ayes Motion Ayes x KI Roll Call. MINUTES j The reading of the Minutes of the Regular Meeting of May 9, 1977 was waived, and said Minutes were approved as written and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing on the report of the Public Works Director on the cost of work for alley paving in Block 530, Lancaster's Addition accomplished under Chapter 27 of the Improvement Act of 1911 (Contract No. 1852). (Block bounded by 32nd Street, 31st,Street, Lafayette'Avenue and Villa Way) A report was presented from the Public Works Director. The hearing was closed after it was determined that no one desired to be heard. 'Resolution No. 9087, confirming the cost of constructing alley improvements and assessing said costs against certain real property pursuant to the provisions of Chapter 27 of the Improvement Act of 1911'(Block 530, Lancaster's Addition), was adopted. 2. Mayor Dostal opened the public hearing on the report bf the Public Works Director on the cost of work for alley paving in Block 5, East Newport accomplished under Chapter 27 of the Improvement Act of 1911 (Contract No. 1853). (Block bounded by Balboa Boulevard, Bay Avenue, 7th Street and 8th Street) A report was presented from the Public Works Director. The hearing was closed after it was determined that no one desired to be heard. Resolution No. 9088, confirming the cost of constructing alley improvements and assessing said costs against certain real property pursuant to the provisions of Chapter 27 of the Improvement Act of 1911 (Block 5, East Newport), was adopted. 3. Mayor Dostal opened the public hearing on the report of the Public Works Director on the cost of work for alley paving in Subdivision of Block A, East Newport, accomplished under Chapter 27 of the Improvement Act of 1911 (Contract No. 1853). (Block bounded by Island Avenue, Anade Avenue, Bay Avenue and Edgewater Avenue) A report was presented from the Public Works Director. Alley Paving Balboa Peninsula R-9087 Alley Paving Balboa Peninsula Alley Paving Balboa Peninsula Volume 31 - Page 129 0TY OF NEWPORT OACH COUNCILMEN 'pp b pp P.c P 2 ROLL CALL \ \ May 23, 1977 MINUTES i Motion Ayes x The hearing was closed after it was determined x x x x x x x that no one desired to be heard. Resolution No. 9089, confirming the cost of R-9089 constructing alley improvements and assessing said costs against certain real property pursuant to the provisions of Chapter 27 of the Improvement Motion x Act of 1911 (Subidivision of Block A, East Newport) Ayes x x x x x x x was adopted. 4. Mayor Dostal opened the public hearing on the Alley Pavin report of the Public Works Director on the cost of Balboa work for alley paving in Subdivision of Block A, Peninsula East Newport. accomplished under Chapter 27 of the Improvement Act of 1911 (Contract No. 1853). (Block bounded by Lindo Avenue, Island Avenue, Bay Avenue and Edgewater Avenue) A report was presented from the Public Works Director. A letter protesting the assessment from Mrs. Gladys E. Meeker together with an answering letter from the Public Works Director.were presented. Motion x The hearing was closed after it -was determined Ayes x x x x x x x that no one desired to be heard. Resolution No. 9090, confirming the cost of R-9090 constructing alley improvements and assessing said costs against certain real property pursuant to the provisions of Chapter 27 of the Improvement Motion x Act of 1911 (Subdivision of Block A, East Newport), Ayes x x x x x x x was adopted. 5. Mayor Dostal opened the public hearing regarding Newport Planning Commission Amendment No. 490, a request Place of-Emkay Development and Realty Co.', Newport Beach Planned to amend the Planned Community Text for Newport Community Place with regard to the parking requirement for the Sheraton Hotel; and Use Permit No. 1547 (amended)., a request of Roman Kallmes, A.I.A., Newport Beach, to amend the use permit in order to redesign the proposed addition to the Sheraton Hotel and to reconsider the parking requirements. A report was presented from the Community Develop- ment Department. Letters in favor of the addition to the Sheraton Hotel were presented from Chrysler Credit Corpora- tion, Manufacturing Data Systems Incorporated, Basic/Four Corporation, Computer Automation, Inc., Audio Magnetics Corporation, Airco Cryogenics, Parker Aerospace, Dunhill Personnel Service of Irvine, Inc., Rohe Scientific Corporation, California Avocado Advisory Board, Martin Aviation, Inc., Allergan, Calcomp, Liquid Carbonic Corpora- tion and Air California. The following people addressed the Council and urged approval of the amendment to.the Planned Community Text with regard to the Sheraton Hotel: Roman Kallmes, architect; Jeffrey Morse, manager i Volume 31 - Page 130 f (OTT OF NEWPORT NCH COUNCILMEN �0 ROLL CALL\9 �0 d` `r9�'�p T ti+ �\ \ \ May 23, 1977 MINUTES IN f)Cv of the Sheraton Hotel; and R. H. Spooner, repre- senting the Newport Harbor Chamber of Commerce. Motion I x The hearing was closed after it was determined Ayes x xix x x x x that no one else desired to be heard. Resolution No. 9091, adopting an amendment to the R-9091 Planned Community Text for Newport Place dealing Motion x with the parking requirements for the Sheraton Ayes x x x x x x x Hotel, was adopted. Motion x An amendment to Use Permit No. 1547 (amended) was Ayes x x x x x x x approved as requested. ORDINANCES FOR SECOND READING -AND ADOPTION: 1. Ordinance No. 1731, being, Handbills 0-1731 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.40,020, 5.40.030 AND 5.40.040; ADDING SECTIONS 5.40.052 AND 5.40.054; DELETING SECTIONS 5.40.050,15.16.080 AND 15.16.090 OF THE NEWPORT BEACH MUNICIPAL CODE EXTENDING THE PROHIBITIONS THEREIN AS THEY RELATE TO DISTRIBUTION OF HANDBILLS TO PRINCIPALS AS WELL AS AGENTS; AND ADDING SECTION 5.40.080 DECLARING A VIOLATION OF CHAPTER 5.40 TO BE AN INFRACTION, was presented for second reading. A report was presented from the City Attorney. Motion x Ordinance No. 1731 was adopted. Ayes x x x x x x x 2. Ordinance No. 1733, being, Park Dedication AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0-1733 ADDING CHAPTER •19.50 ENTITLED "PARK DEDICA- TION" TO TITLE 19 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented for second reading. Motion x Ordinance No. 1733 was adopted. Ayes x x x x x x x CONTINED BUSINESS: 1. A report dated April 25 from the City Manager Carden regarding the negotiated lease with the Carden School School for the property at 5th and Marguerite in Lease Corona del Mar was presented. A report was presented from the Parks, Beaches and Recreation Department regarding the Senior Citizens Center. A letter from Supervisor Riley was presented enclosing an amendment to the Community Develop- ment Block Grant Program to provide for the transfer of responsibility of Ii/CD activities. Volume 31 - Page 131 CO-Y OF NEWPORT B&CH COUNCILMEN \tpo pROLL CALLw o\Z \\ May 23, 1977 MINUTES inincY Letters opposing the joint use by Senior Citizens and pupils of the Carden School from Dorothy E. Knox and J. F. Mariscal were presented. A•letter opposing a Senior Citizens Center from Helen W. Frank was presented. A letter from the Voluntary Action Center was presented in favor of a Senior Citizens Center in Corona del Mar by August of this year. Pat Temple, Assistant Planner in the Community Development Department, gave a brief staff report. The following people addressed the Council opposing the renewal of the lease for the Carden School on the property at 5th and Marguerite and/or opposing joint use of the school property: Whit Cromwell, Chairman of the Orange County Senior Citizens Council;•Si Slavin,'Chairman•of Multiple Senior Service Center Committees for Senior Citizens Council of Orange County; Gerald White; Robert Pettingill, a gerentologist on the staff at Saddle- back College; Janet Mariscal; Dr. Jerome Tobis, Professor at UCI Medical School in field of physical medicine and rehabilitation; Mary Lanier, a staff member of Orange County Senior Citizen Program Office, Area Agency on Aging'; Keith Van Holt, Director of Leisure Services for the City of Costa Mesa and Linda Putnam, Director of Senior Programs; Shirley Laskin, a member of the Council on Aging of Laguna Beach; Sandy Steiner; Joe Mariscal; and Linda Sutherland, the site manager for Garden Grove Senior Citizens Center. Frank Aemer asked for information regarding the position of HUD_ regarding t_he grant._ At the_. . request of the Mayor, the City Manager briefly summarized the latest corresuondence from HUD. May Marlowe asked for information regarding the Senior Citizen Survey which had been conducted, and was advised to contact staff for the informa- tion. Leo Hanna and George Perlin addressed the Council in favor of extending the Carden School lease. Motion x Councilman Ryckoff made a motion to adopt Resolu- R-9092 tion No. 9092 authorizing the Mayor and the City Clerk to execute a Lease Agreement for the Carden School on the 5th and Marguerite property. Motion x Councilman Williams made a substitute motion to adopt Resolution No. 9092 authorizing the Mayor and City Clerk to execute a Lease Agreement for Carden School on the 5th and Marguerite property, to require that the Carden School give up the entire north wing, and instead, if they choose, rent trailers or mobilehomes to be used on the site, and to redlece the rent as proposed in the lease to Carden School by the square footage that would be given up. i Volume 31 - Page 132 STY OF NEWPORT F#ACH COUNCILMEN MINUTES 6`y C9 k ROLL CALL �rN \ \ May 23, 1977 ni �cv The following people addressed the Council opposing the renewal of the Carden School lease: Rita K. White, Barney Larks, Glenn L. Anderson and Thomas Fox. Motion x Mr. Larks was granted an additional minute for his Ayes x x x x x x x presentation. The following people addressed the Council in favor of extending the Carden School lease: Christopher Steele, Jerry Williams and Stan Jones who also suggested a stop sign at the intersection of 5th and Marguerite. Motion x Mr. Steele was granted two additional minutes for Ayes x x x x x x his presentation. Noes x Motion x Mr. Steele was granted an additional minute for Ayes x x x x x his presentation.. Noes x x John Wilson"of the Carden School addressed the Council and stated he would.agree to either of the above motions. A vote was taken on Council Williams' substitute Ayes x x x x x motion, which motion carried, and Resolution No. Noes x x 9092, authorizing the Mayor and City Clerk to execute a Lease Agreement for Carden School on the 5th and Marguerite property, amended in accordance with Councilman Williams' motion, was adopted. Motion x The staff was directed to prepare an agreement Ayes x x x x x x x between the County of Orange and the City to transfer responsibility for the first and second year Community Development Block Grant Agreements; to keep the draft of that agreement.with the wording used in the first two years' agreements which were executed by both the County and the City; and to return the draft to the Council prior to the next Council meeting and place on the next agenda for execution by the City at that time. It was agreed that the staff would report back at the next meeting on the procedures regarding the use of movable buildings as classrooms. Motion x 2. The question of the vacation of Ticonderoga Ticonderoga Ayes x x x x x x x Street was postponed to August 22, 1977. Strec: 3. Citizens Advisory Committees: Motion x (a)• (District 2) Councilman McInnis' appointment Bicycle Ayes x x x x x x x of a member to the Bicycle Trails Citizens Trails Advisory Committee to fill the unexpired term CAC' of Duane C. Black ending December 31, 1977 was postponed to June 27. Motion x (b) (District 7) Councilman Williams' appointment Trans Plan Ayes x x x x x x x of Jeanne Giordano as a member of the Trans- CAC portation Plan Citizens Advisory Committee to fill the unexpired term of Robert D. Curci ending December 31, 1977 was confirmed. i Volume 31 - Page 133 OTT OF NEWPORT AACH COUNCILMEN \�0 AN 97i�F� � ALL \ Motion Aves M Aveson Ix Ix IX11 IXIXIXIX, Aves°n Ixlxlxlxlxixlx Aves°n IX IxlxlxIxlxlx MINUTES 23, 1977 4. The appointment of a member to the Board of Library Trustees to fill the unexpired term of Patricia Black ending June 30, 1977 was postponed to June 27. 5. A report dated May 9 was presented from the Community Development Department regarding Planning Commission Amendment No. 492, a request initiated by Taylor B. Grant and E. G. Warmington to amend a portion of Districting Map No. 26 from the Unclassified District to the R-2 District, and the acceptance of an environmental document. Property located at 2507-2525 - 16th Street in Newport Heights. Ordinance No. 1734, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 26 FROM THE UNCLASSIFIED DISTRICT TO THE R-2 DISTRICT (2507 THROUGH.2525 - 16TH STREET IN NEWPORT BEACH), was introduced and set for public hearing on June 13, 1977.' 6. A report dated May 9 was presented from the Community Development Department regarding Tenta- tive Map of Tract No. 9810, a request of Taylor B. Grant and E. G. Warmington to permit the sub- division of 0.926 acres into seven lots for two- family residential development and one lot to be utilized as a common ingress and egress for two of the proposed residential lots; located at 2507- 2525 - 16th Street in Newport Heights, zoned Unclassified. The Tentative Map of Tract No. 9810 was set for public hearing on June 13, 1977. CURRENT BUSINESS: Board of Library Trustees District Map 26 0-1734 Tract 9810 1. A report was presented from the Public Works Resub 539 Director regarding Resubdivision No. 539, located at the northwesterly corner of East Balboa Boule- vard and Adams Street in Central Balboa; subdivide , Properties West, Inc. The following resolutions were adopted: Resolution No. 9093 approving the parcel map for Resubdivision No. 539 and accepting the offer of dedication of a corner cutoff and all vehicular access rights to East Balboa Boulevard. Resolution No. 9094 authorizing the Mayor Mayor and City Clerk to execute a Subdivision Agreement between the City of Newport Beach and Properties West, Inc. in connection with Resubdivision No. 539. 2. A report was presented from the Community Develop- ment Department regarding Final Map of Tract No. 9589, a request of The Irvine Company to approve a, final map to subdivide 14.90 acres into thirty-one numbered lots for single-family residential Volume 31 - Page 134 R-9093 R-9094 Tract 9589 DATE: TO: FROM: SUBJECT: ,/ Dept, R o� April 28, 1977 Director of Community iDoldt'�pme»t Assistant Director -Building Minimum plumbing facility requirements for Carden School of Corona del Mar. The Uniform Plumbing Code establishes minimum requirements for plumbing facilities in various occupancies. The Carden -school has classroom area of approximately 5,900 square feet. This would equate to an allowable elementary school load of 295 students (one student per 20 square feet of floor area). The minimum restroom facilities required for this occupant load would be ten water closets, five urinals, eight lavatories and eight drinking fountains. .When the building is partially occupied by the Senior Citizens Program, the auditorium -lunchroom area will seat approximately 210 people for assembly purposes (one person for each seven square feet of floor area). When this area is fully occupied, the minimum restroom facilities required by the Uniform Plumbing Code would be four water closets, two urinals, two lavatories and one drinking fountain. This equates to approximately 1/2 of the existing restroom facilities now located in the school. Assuming that the Senior Citizens Program is allotted the use of the one restroom facility in the north wing, the remaining restroom facility in the south wing would provide an adequate number of plumbing -fixtures to serve approximately 150 elementary school students. AIBVIV0ULER BF:rw R 2 ;) 1917 By •Fho (A ' COUNCIL CITY OR 144WPQRT ArACH CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 25, 1977 TO: MAYOR AND CITY COUNCIL FROM: City Manager COUNCIL AGENDA NO./C-1 SUBJECT: NEGOTIATED LEASE WITH THE CARD.EN SCHOOL OF CORONA DEL MAR During the Council meeting of March 28th a motion was passed by the City Council directing the City Manager to negotiate another lease with the Carden School with the understanding that a portion of the property will be utilized for Senior Citizen activity. The lease has been negotiated with Mr. and Mrs. Wilson and is, therefore, being presented to the City Council for consideration. On Thursday, March 31st, the Wilsons met with.members of the Parks, Beaches, and Recreation Department to talk principally about the arrangement for cooperative use. As a result of this meeting, the basics were formulated for the cooperative use plan shown as Exhibit "B" attached hereto. On Friday, April 15th, I met' with Mr. and Mrs. Wilson and re- viewed the proposed modifications or changes to their lease. These changes are detailed in Exhibit "A" attached hereto. Agreement was given by all parties present on Friday, April 15th, concerning the seven points within Exhibit "A". On Monday morning, April 18, I received a telephone call from Mr. Wilson indicating some "second thoughts" on Item 5 in Exhibit "A", en- titled "Rent". He indicated on the phone that the rent may be too high and should be reduced. As a result of the phone call on Monday, I feel an obligation to reveal to the City Council the five alternatives considered in the rent adjustment issue. The five alternatives as specifically dis- cussed with Mr. and Mrs. Wilson are as follows: -- RENT. Currently, the lease agreement provides for monthly pay- ments in tFeamount of $1,875 per month. The current building encompasses 8,600 sq. ft., meaning that the lessee currently pays 21.8t per sq. ft. per month. This is net/net/net to the City. The rent shall be adjusted as determined by the City Council using one of the following alternatives. -- a) The 21.8t per sq. ft. shall remain the same, but the total area is reduced by 1,472 sq. ft. utilized exclusively by the Senior Citizens. The total monthly rent by this alter- native would be $1,554. b) The lessee's rent is reduced as described in a) above with the basic rent then being increased by a C.P.I. factor for Page -2- the past two years. The new monthly rent would then be ($1,554 x 114.7%) $1,782 per month, or 25t per sq. ft. c) The lessee's rent is reduced as described in a) above with the basic rent then being increased by a property appreciation factor of 20% per year. The new rent would then be ($1,554 x 140%) $2,176 per month, or 30.5t per sq. ft. J d) The rent would be restructured based on a percentage return to the City of the land and improvement values. A recent land appraisal indicated a value of the subject site being $270,000. An 8% return on this value would equal $21,600 per year. The building value, assuming a leased area of 7,128 sq. ft. with a new construction cost of $35.00 per sq. ft. would equal $249,480. Assuming the improvements have 50% of their life remaining, the real building value would be $124,740. Assuming again an 8% return on this value would require a payment of $9,979 per year. Combining land value and building value would require a payment of ($211600 + $99979) $31,579 per year, or $2,631 per month. This monthly figure would represent 36.9¢ per month per sq. ft, e) The rent could be based on a new M.A.I. appraisal of the new lease document. This alternative would require approxi- mately two months for the appraisal and would cost between $2,000 to $39000 for the appraisal. As a Compromise, I believe the tentative agreement reached Friday, April 15th fixing the rent at $2,176 per month can be justified. However, I believe there i.s also merit to the other alternatives considered, and it may be that the Council would wish to adjust further the rental amount con- tained in the new proposed lease. I indicated to the Wilsons that I would call to the Council's at- tention the costs Carden School incurred approximately two years ago in repairing and remodeling the building. The Carden School has spent approxi- mately $25,000 to place the building in proper repair for use by the School. If the new lease is approved by the City Council, some direction should be given to staff concerning the steps that are to be taken to pre- pare part of the facility for Senior Citizen use. For instance, the City may wish to retain an architect or engineer to prepare construction drawings on the parking lot and the immediate alterations that will have to be made. • Page -3- If the lease is not approved by the City Council, Council direction will also be required indicating steps to be taken by staff concerning utiliza- tion of the subject site. Also attached, members of the Council will find a copy of the School lease containing the new provisions. Attachments �--L qR BERT L. WYNN EXHIBIT "A" PROPOSED CHANGES TO THE CARDEN SCHOOL LEASE 1. TERM. The term of the lease shall commence August 19 1977, and,terminate u3 ne 30, 1978, unless sooner terminated in the manner provided by the lease. References to renewal by giving 90 days advanced written notice from lessee is removed from the lease agreement. 2. INSURANCE. The provisions for insurance requirements of lessee shall rein th same i.e., $200,000 for injury or death of one person; $500,000 for injury or death of two or more persons; and $50,000 for damages to property. The resolution, however, shall provide that the Mayor is not authorized to sign the new lease agreement until lessee furnishes City with the original policy or policies, or a certified copy or copies there- of to the City Manager. 3. HUD ACCEPTANCE. The lease contains a new provision that provides for auto- matic of the lease if the Department of Housing and Urban De- velopment finds the cooperative use unacceptable. 4. COOPERATIVE USE. The new lease has a provision permitting Senior Citizens (a) exc us ve use of 1,472 sq. ft. of building area; (b) cooperative use of one restroom; (c) rigght to construct and use parking area accommodating approximately 30 cars; (d) right to use and maintain a garden plot area; (e permission to construct an auditorium and cafeteria building; and (f) right to erect a temporary activity building and necessary ramps, hand rails, and construction of a small kitchen area. Cooperative uses as described above are depicted on the cooperative use plan designated "Exhibit B". Right of entry to Accomplish the cooperative use plan shall commence upon the date of the, new lease i.e., June 18, 1977. 5. RENT. The rent shall be $2,176 per month, or 30.5t per sq. ft. 6. UTILITIES. Water, gas, and electricity will be distributed so that Carden c oo w pay 80% of the total utility bill and the Senior Citizens (City) would pay 20% of the total. 7. LEASE. All other provisions of the current lease not modified above will remain the same. . N t SSpO � r HA'aW 10 --A--- -- - f I f 1 . N- - --- - SMALL --IAX&J AW4 .ao IAW lrauf Avokodw da-Wvovci�~ f6.)W41 y,�afis�y eras {<ym; -6A4WAO'�Lo/ -- - - - --�-- - — - ---- - -- -- - - - -_A- -V -f. t! H-f - - - - - Q° COOpE,?Af/�E !/ PLAN l 4{[IRl1 {i AIt [.[{ ItA{vlu< [I v�IIIM II II4r4r[Ii [t{l {II4{ui 4{v lvwt {{w.I. Oil I 0 L E A S E (5th & Marguerite Site) The Carden School of Corona del Mar THIS LEASE is made and entered into this day -of _ , 1977, by and between the CITY OF . NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and JOHN D. WILSON and JUDITH A. WILSON, husband and wife, doing business as The Carden School of Corona del Mar, hereinafter referred to as "Lessee". W I T N E S S E T H: A. City holds title to.that certain real property consisting of two classroom buildings and one administrative building in the City of Newport Beach, County of Orange, State of California, located at the northeast corner of the inter- section of 5th Avenue and Marguerite Avenue and which is described as: A portion of Block 96 of the Irvine Subdivision, recorded in Book 11 Page 88, Official Records of Orange County, more particularly described as follows: Beginning at a point on the northeasterly right-of-way line of Fifth Avenue, which point is at the beginning of the right-of- way line radius at the northeasterly intersection of Fifth Avenue and Marguerite Avenue; thence southeasterly along said northeasterly right-of-way line a distance of 514.63 feet; thence northeasterly, along a line lying S 40°0315611 W a distance of 313.75 feet; thence northwesterly, along a line lying S 59°25116" E to the intersection of said line with the southeasterly right-of- way line of Marguerite Avenue; thence south- westerly along said right-of-way line and following the right-of-way line radius at the northeasterly intersection of Fifth Avenue and Marguerite Avenue back to the point of beginning. B. City proposes to lease to Lessee portions of the premises described hereinabove and the structures' located thereon, and Lessee proposes to lease from City portions of the real property and buildings, consistent with the terms, covenants and conditions contained hereinafter. C. City desires to retain controls over the use of said property, which controls are expressed by the terms, covenants and conditions contained hereinafter to protect the public interest in and to said property. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, it is agreed as follows: 1. Leased Premises. City hereby leases to and Lessee does hereby lease from City that portion of the property and structures located thereon as generally described as the south wing and the most westerly building (Administration Building) and as depicted on the attached map marked Exhibit "A" which is made a part herein by this reference. 2. Term. The term of this lease shall commence August 1, 1977, and terminate June 30,-1978, unless sooner terminated in the manner hereinafter provided. 3. Rental. Lessee shall pay to City and City shall accept as rental for said demised premises the sum of One Thousand Five Hundred and Sixty -Three Dollars and Forty -Three Cents ($1,563.43) per month during each month or portion thereof this lease remains in effect, payable on the first day of each month. Said amount is based on 5,126 square feet of building area at 30.5 cents per square foot. 4. Use. Lessee shall use its portion of the demised premises for the purpose of operating a private day school. 5. Cooperative Use. Senior Citizens shall have: -2- C (a) The exclusive use of the North Wing; (b) Right to construct and use parking area accommodating approximately thirty (30) cars; area; (c) Right to use and maintain a garden plot (d) Permission to construct an auditorium and cafeteria building; and (e) Right to erect a temporary activity building and necessary ramps, hand rails, and construction of a small kitchen - area. Cooperative uses as herein described are depicted on Exhibit "A". 6. Right of Entry. Effective June 18, 1977, Lessee shall grant to City a right of entry to go on said leased premises for the purpose of commencing construction of the Cooperative Use Plan. 7. Alternate Business Activities. Lessee shall not grant any concession, license, permit or privilege to conduct any business or other operation for profit or alter the use or type of service on the demised premises without the prior written approval of the City Manager. 8. Supervisory Control. City retains the power to exercise such supervisory control over the use and operation of the demised premises by Lessee., with the right to enforce such rules, regulations and orders as may be deemed necessary by City in'order to obtain compliance by Lessee with the terms and conditions contained herein. Lessee agrees to comply with any such rules, regulations and orders. Any breach by Lessee of the terms and conditions of this lease shall constitute grounds for termination. 9. Utilities and Maintenance. The payment for water, gas and electricity shall be apportioned between Lessee and City with Lessee paying sixty percent (60%) of the total utility -3- charges and the City paying forty percent (40%) of the total utility charges. Said percentages are based on Lessee leasing 5,125 square feet and Senior Citizens using 3,696 square feet. Lessee shall be responsible for providing the day-to-day maintenance service for its portion of the leased premises. 10. Taxes. Lessee recognizes and understands that in accepting this lease that -his interest in the demised premises may be subject to a possible possessory interest tax that may be imposed by County authority, and Lessee shall pay said tax, should it be imposed, and such tax payment shall not reduce any rent due hereunder. 11. No Assignment or Subletting.' Lessee shall not assign or sublet this lease, or any portion thereof, nor make or suffer any alteration to be made in or on said property, other than the maintenance required hereinabove, without the prior written consent of.the City Manager. 12. Assumption of Tenant Ability. Pursuant to Section 1942.1 of the California Civil Code, Lessee specifically waives his rights under Section 1941 and 1942 of the California Civil Code, and Lessee agrees that any improvements, repairs or maintenance of all or portions of the buildings, required to be done by Lessee, are a part of the consideration for the', rental hereunder, -and the rental payments hereinbefore set forth, shall not be reduced. Lessee covenants and agrees to assume all of the obligations and conditions under Section 1941 and 1942 of the California Civil Code, which read as follows: "§1941. [Lessor to make dwelling -house fit for its purpose]. The Lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty- nine. 91942. [when Lessee may make repairs, etc.] (a) If within a reasonable time after notice to the lessor, of dilapidations which he ought to repair, he neglects to do so, the Lessee may repair the same himself, where the cost of such repairs does not require an expenditure greater.than one month's rent of the premises, and deduct the expenses of such repairs from the rent, or the Lessee may vacate the premises, in which case he shall be discharged from further payment of rent, or performance of other conditions. This remedy shall not be available to the Lessee more than once in any 12-month period. (b) For the purposes of this section, if a Lessee acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a presumption affecting the burden of producing evidence." 13. Permits and Licenses. Lessee is using the demised premises for -the operation of a private school. Prior to commencement of said operation, Lessee shall obtain, and keep in force and effect during the term hereof, all permits, licenses or other entitlements to be used issued by any City, County, State, Federal or other governmental jurisdiction. Should any permit, license or other entitlement to use be lost or modified, Lessee shall forthwith terminate his operation or if necessary, a part thereof as is required by the loss and reduction of a license, permit, or entitlement to use. 14. Insurance - Hold Harmless. Lessee shall save and keep City, its officers, agents and employees, free and harmless from any and all claims or demands of any kind or nature whatsoever arising out of, or incident to, the use and . occupancy of the premises herein demised. In partial performance of this obligation by Lessee,. Lessee shall procure and at all time during the term of this lease, maintain in full force and effect, a policy or policies of public liability and property damage insurance protecting the City of Newport Beach, its officers, agents and employees from all claims or demands for damages. The policy, or policies shall provide for not less than Two Hundred Thousand Dollars ($200,000.00) for injury or death of one person; Five Hundred Thousand Dollars ($500,000.00) for injury or death of two or more persons; and Fifty Thousand Dollars ($50,000.00) for damages to property. The City Manager may require an increase in the amount of insurance from time -5- to time in accordance with the changes and economic conditions. Said policy or policies shall contain an endorsement which shall provide as follows: "Within the limits set forth in this policy, to indemnify and save the City of Newport Beach, its officers, agents and employees free and harmless from any damages, claims, loss or liability of any kind or nature whatsoever which the City of Newport Beach, its officers, agents or employees may hereafter sustain or suffer, or may be imposed upon them, arising out of, or any way connected with, the use or occupancy by the insured, its servants, agents and employees, of the premises described in a lease granted to the insured by the City of Newport Beach, the City*of Newport Beach is named an additional insured under this policy. It is further agreed that said insurance shall be primary insurance and shall not contribute with any other third party liability insurance available to the City of Newport Beach and will include a severability of interest clause." . Also, Lessee shall obtain and maintain any necessary workers' compensation insurance for all employees of Lessee. Lessee shall furnish, and maintain with City, either W the original policy or policies, or a certified copy or copies thereof. The policy or policies shall be approved as to sufficiency by the City Manager and as to form by the City Attorney and shall be submitted to City concurrently with the execution of this lease. Said policy or policies shall further contain a provision that they.may not be terminated without prior thirty (30) days written notice to City. 15. City's Right of Inspection. City reserves the right by its authorized agents, employees or representatives to enter the leased premises at any reasonable time to inspect the same or any part thereof and to attend to or protect the City's interest under this lease. 16. Compliance with Laws. Lessee covenants and agrees to comply with all of the rules,*regulations, statutes, ordinances and laws of the State of California, County of Orange, City of Newport Beach, and any other governmental body or agency having a lawful jurisdiction over the demised premises am. or the business, enterprise or activities conducted thereon. 17. Non -Compliance. If Lessee fails to comply with any of the terms and conditions of this lease, City may give to Lessee a notice in writing of such failure and specify therein the particulars in which Lessee has failed to comply with the provisions of this lease. If Lessee fails for a period of ten (10) days after the giving of such notice to comply with the provisions of this lease, the City may,'at its option, terminate this lease, and all rights of Lessee herein shall cease and terminate and Lessee shall immediately thereafter peacefully deliver possession of the premises to City. 18. Default and Termination of Lease. (a) Default. Time and each term, covenant and condition hereof are expressly made the essence of this lease. If Lessee fails to comply with any of the terms, covenants, or conditions of this lease, including the payment of rental herein reserved, at the time and in the amount herein required, and shall fail to remedy such default within thirty (30) days after service of a written notice from City so to do, or to commence in good faith to remedy any other default within thirty (30) days and thereafter diligently prosecute the same to completion, or if Lessee shall abandon or vacate the leased premises, City may, at its option, without further notice or demand, terminate this lease and enter upon the leased premises and take possession thereof and remove any and all persons therefrom with or without process of law. (b) Termination. City and Lessee each respectively reserve the right to terminate this lease for any reason, and without cause, at any time by giving the other party ninety (90) days prior written notice of its intention to terminate. (c) Surrender of Possession Upon. Termination. Lessee covenants and agrees that upon the expiration or sooner EVIC termination of this lease, Lessee will peacefully surrender the leased premises with all buildings and improvements, in the same condition as when received, and as maintained and improved by Lessee as required herein, less reasonable use and wear thereof, any damage by fire, act of God, or by the elements. Lessee expressly waives any right which it may have to relocation assistance or other costs in vacating the demised premises under the relocation law of the State of California, Section 7260, et sec. California Government Code. Any improvements built, constructed or placed upon the demised premises by the Lessee, or anyone holding by, under or through it, shall remain on the leased premises and become the property of the City without any costs to City upon termina- tion of this lease, whether by lapse of time or by reason of default, unless the Lessee elects, removes said improvements within sixty (60) days following the expiration or termination hereof. (d) Remedies Cumulative. The rights, powers, elections and remedies of the City contained in this lease shall be construed as cumulative and no one of them shall be exclusive of the other or exclusive of any rights•or remedies allowed by law, in the exercise of one or more rights, powers, elections or remedies shall not appear or be deemed a waiver of City's right to exercise any other. (e) No Waiver. No delay or omission of the City to exercise the right or power arising from any omission, neglect, or default of the Lessee shall impair any such right or power or shall be construed as a waiver of any such omission, neglect or default on the part of the Lessee or any acquiescence therein. No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this lease shall be construed as a waiver of any succeeding breach of the same or ME • • of any of the terms, covenants, agreements, restrictions or conditions of this lease. (f) HUD Acceptance. This lease is subject to automatic termination -if, when and at such time, as the Department of'Housing and Urban Development finds the Coopera- tive Use Plan between lessee and the Senior Citizens is unacceptable. (g) Liquidated Damages. Should Lessee hold over after receipt of notice from City to terminate the lease as provided hereinabove, and not with the consent of City; it is agreed that the damages suffered by City are extremely difficult to ascertain and the parties hereto agree that liquidated damages will accrue to the City in the amount of Sixty Dollars ($60.00) per day held over, in addition to rental charge payable on a per diem basis for each day held over by Lessee. 19. Attorneys' Fees. Should the City be required to commence any legal proceedings to,enforce a term, covenant or condition of this lease, the prevailing party shall be compensated by the other for all costs and attorneys' fees incurred by the prevailing party in prosecuting an action hereunder. 20. Notices. it is mutually agreed that any notice or notices provided for by this lease or by law, to be given or served upon the Lessee, may be given or served by mail, registered or, certified, with postage prepaid, and if intended forthe City of Newport Beach, addressed to: City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663_ or at such other address as may hereafter be furnished to Lessee in writing, and if intended for Lessee, addressed to Lessee at: 1 • 2017 Miramar Drive Balboa, California 92661 Said notice may also be served personally from the other party, and such service shall be deemed complete at the expiration of forty-eight (48) hours from and after the deposit in the United States Mail of such notice, demand or communication. 21. Existing Lease. The terms of this lease supersede and take precedent over the terms and conditions of the existing lease between the City of Newport Beach and Lessee dated July 21, 1975, as extended for one year by Resolution No. 8735. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF NEWPORT BEACH, A Municipal Corporation By Mayor THE CARDEN SCHOOL OF CORONA DEL MAR By John D. Wilson By Judith A. Wilson -10- DDO/bc 5/31/77 0 Twlw t - II {. I HAW SW 42F I f T N 4c r- 0 :rQd c: A0AW4AA iO c4W Rom* Coopew/ihw USE PLAN' [ �� t{:.� jii/'i) 14L lIA\t {( <IYIY<t Il/YYIt< IIY�YIIN If </11.O�If( !lY{L/f�I VI N{VI/Ff {l•N I 4 C4�6OF NEWPORT BE" COUNCILMEN MINUTES ° ,AFA9� °� \ �s March 28 1977 ?nl l_ CALL \ � �ninev Brion Jeannette again addressed the Council regarding the property at the southeast corner of Dahlia and Fifth Avenues in Corona del Mar (77-1-F) William Cullen addressed the Council and stated that the Corona del Mar Chamber of Commerce felt that the area referred to in 77-1-F should remain commercial. Motion x The hearing was reclosed. Ayes x x x x x x x Segment 77-1-E of the General Plan Amendment to the Residential Growth Element to revise the definition of "Buildable Acreage" by adding wording to the effect that any area devoted to streets, open space, or recreation areas shall not Motion x be included in calculating Buildable Acreage was Ayes x x x x x x x continued to the next General Plan Amendment hearing. Motion x The Negative Declaration was accepted, and Resolu- Ayes x x x x x x x tion No. 9035, accepting the Negative Declaration R-9035 and adopting the amendments to the Land Use, Residential and Circulation'Elements of the Newport Beach General Plan (Amendment No. 77-1), was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1720, being, Animal Control AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0-1720 AMENDING SECTION 7.04.060 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DUE DATE OF DOG LICENSE TAX, was presented for second reading. Motion x Ordinance No. 1720 was adopted. Ayes x x x x x x x CONTINUED BUSINESS: 1. A report was presented from the Parks, Beaches and Ensign Recreation Director regarding the request by View Carden School for a determination of the feasi- Park/ bility of a one-year school lease of the church Carden site on Cliff Drive. School Additional Business Item No. 2 regarding the Motion x extension of the Carden School lease on the Ayes x x x x x x property at Fifth and Marguerite ,was taken out of Noes x agenda order for consideration at this time. Motion x The request of the Carden School for lease of the Ayes x x x x church site at Ensign View Park was denied. Noes x x x Motion x Councilman Williams made a motion to direct the 5th & staff to negotiate another year's lease -with the Marguerite/ Carden School with the understanding that the Carden senior citizens will be provided space in the School school. Volume 31 - Page 81 COUNCILMEN `\d)4 '�a\oA��yy �� VTy'1-nF NEWPORT P41ACo MI N UTa March 7R 1077 Councilman McInnis asked that the motion be amended to also direct the staff to prepare the. necessary plans and specifications for the basic improvements that are necessary at that site for such things as sidewalks and parking lots necessary for the ultimate use of the area, which amendment was accepted by the maker of the motion. The following people addressed the Council in favor of renewing the Carden School lease: Jerry Williams, Ronald Bartholmew, Chris Steele and Pat Harkless. The following people addressed the Council in opposition to renewing the Carden School lease: Joan Petty, Barnett Larks, Grant Howell, Willard Wade, Hal Thomas, Bob Shepard, Ruth Kahn, Gwen Felton, Alex Schvarz and Jeanne Wanlass. Motion x Mr. Larks was granted an additional minute for his Ayes x x x x x x x presentation. John Wilson and Judith Wilson addressed the Council regarding their lease. Ayes x x x x A vote was taken on Councilman Williams' amended Noes x x x motion, which motion carried. 2. A report to the City Manager was presented from Newsracks the Chief of Police regarding newsracks. 0-1684 Ordinance No. 1684, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.60 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING Motion- x TO THE REGULATION OF NEWSPAPER RACKS AND STANDS, Ayes x x x x x x x was'passed to second reading on April 11, 1977. 3. The Certificate of Election Results and a copy of Open Space the Statement of All Votes Cast was presented for Bond the Bond Election for the City of Newport Beach Election consolidated with the Governing Board Member Election held on March 8, 1977. Motion x The Certificate of the Registrar of Voters was Ayes x x x x x x x received, and the following resolution was adopted: Resolution No. 9036 declaring the results of R-9036 the Special Election held in the City on March 8, 1977; and showing the results to be: BOND PROPOSITION "C" Yes: 6,041 No: 3,643 TOTAL VOTES CAST: 9,820 Volume 31 - Page 82 r COUNCIL AGENDA NO.,�&- 3 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER March 8, 1976 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ACQUISITION OF PROPERTY IN CORONA DEL MAR DISCUSSION: Recently the City has been notified that the Department of Housing and Urban Development has approved of the Environmental Impact Report concerning the City's;acquisition of the parcel in Corona del Mar for the Senior Citizens' facility. This is the last remaining obstacle to the City's acquisition, and with the acceptance of the EIR the City is now authorized to purchase the parcel from the State. Attached you will find a copy of a letter from the State Department of Transportation agreeing to the negotiated terms, which are as'follows: 1. Total cost - $450,000. 2. Remittance of $105,000 at the time the Purchase Agreement is executed. 3. Execution of a Deed of Trust requiring payment of $200,000 on July 1, 1976, and $145,000 on July 1, 1977. 4. 7% simple interest will be charged by the State on the sums of money named in the Deed of Trust. During the original negotiating sessions a number of items were reviewed, such as appraisals, original acquisition price, and characteristics of the land. Some of these items which are of interest and have a bearing on the proposed City acquisition are as follows: 1. The property was acquired in 1966 by the State for $380,753. 2. The State appraised the property in 1972 for $774,505. 3. The City obtained an appraisal in 1974, excluding all improvements on the property, for a range value of $370,000 to $445,000. 4. The parcel presently contains a nursery school composed of 5,000 sq. ft. of building; a playground area; walkways; canopies; and a small parking facility. These improvements r Page -2- carried a replacement cost in "1974 dollars" of $272,140. 5. The one parcel is currently encumbered with a lease with Carden Schools requiring $1,874 per month in rental payments. 6. The two parcels contain 230,889 sq. ft., or approximately 5.3 acres. It has been previously decided by the City Council, and HUD's approval of the EIR makes it possible, that the Community Development Block Grant funds for the purchase of these parcels be utilized. The payment dates have been tailored to meet the requirements imposed by the Community Development Block Grant program. RECOMMENDATION: That the City Council approve of the resolution authorizing the Mayor to sign the Purchase Agreement, the Installment Note, and accept the property for and on behalf of the City of Newport Beach, by signing the Deed of Trust. RLW:mm `ROB R Al� W�'" Attachment STATE OF CALIFORNIA—BUSINESS AND TRANSPORrA ION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2504, LOS ANGELES 90051 March 8, 1976 07-ORA-1 Parcel 41,339-01-01 City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Attn: Mr. Robert L. Wynn City Manager Gentlemen: The Department of Transportation hereby offers to sell the above referenced property to the City of Newport Beach for the appraised value of $450,000.00. The following portion of this letter when the duplicate copy is executed and'. returned by you with a Resolution from the City Council will constitute the agreement for the purchase. This Resolution must indicate that this property will be purchased for' public purposes. The description of the public use must be specified in said Resolution. In the absence of the fore- going Resolution,.a clause will be added to the Director's Deed restricting the property to a public use. This transaction will not be processed for the California Highway Commission approval until the duplicate copy of this letter is fully executed and returned with above Resolution. The City of Newport Beach, hereinafter known as purchaser, offers to purchase from the California Department of Trans- portation that certain property referred to above and depicted on the at'.ached map for the State's appraised value of $450,000. The City will make payment in the following manner: 1. Remit $105,000 at the time this agreement is executed and returned to the Department of Transportation. 2. Execute a Deed of Trust naming the State of California as beneficiary with payments, including interest of seven percent (7)6) of $200,000 due July 1, 1976. The remaining balance, Including interest, will be due July 1, 1;.77. City of Newport Beach -2- Please indicate exactly how title is to be vested: City of Newport Beach, a municipal corporation It is expressly understood by the purchaser that the right, title and interest in the property to be transferred by this sale shall not exceed that vested in the State of California and that no Policy of Title Insurance will be furnished or escrow fees paid by the State of California in this transaction. It is further understood that the purchaser shall not have use of the property until a Direction's Deed has been recorded. The purchaser agrees to the above terms and conditions of sale. Place of execution Newport Beach, California Date of execution ATTEST: CITY OF NEWPORT BEACH By City Clerk Mayor The terms and conditions of the above offer are hereby accepted subject to the approval of the California Highway Commission. oar De�Sa 'men q Transpor a ion W. . Ke iey Deputy Distridt Director Right of Way Approved as to Form Asst. City Attorney 01 March 2, 1977 — /Y : Mr., Jerry Strong, administrative Ana 3yist . Revenue Sharing 0"ice County Administration Building - Annex 513 Noath Sycamore _ '.,SantaAAna,'CA. 92701 )ear Jerry: ' -`i'his letter is to confirm our telephone conversation yesterday regarding a County -Counsel opinion on the use of the Cliff Driva church site.by. the :roperators of a private school. ;-".As a little background, the City acauired from the State of California a six- .. - ac.%- site at the intersection of 5th ?# Marnuerite in Corona del 40ar. Wsti,.q on the-s-ite ;were several buildings that had oreviously been used by the Herb or Day School. Upon acquisition by the City, an interim use for a one-year period ::.tlas made by the private Carden School. At the conclusion of the one year, the = City still- had no immediate plans for development and the Carden'Schoo1 was oermitted to remain for anotSer year while they seuAht nerranent facilities elsewhere.. „e Carden School at this date still has no •facility and are reouestinc another- r ,year extension. however, the City is prepared to begin a senior citizen proorarr- at the 5th r f4arquerite site, and ;.here is mixed reaction cn the part of t::a City Council wheiher or not to ,permit the Carden School to remain for bne rare ,rear. :.`As a alternative it was suggested by the City Council Monday night that E.erhips'••. ='the Carden School could utilize the church site. under exclusive use for a period of one year. It was detet;.ined that the revenues derived tiould be utilized in the development of the church site and the surrounding park area. Staff rues requested to obtain an opinion from the COUnt;'.:ounsel as to whether .. cr not this would Se a permitted use 'for a maximum period of one year under tra `;;e—ms of the revenue -sharing agreement between the City and the County. - As I indicated ,yesterday, I toU1d litre to have this opinion no later than Friday, rl rrh 11, so that I can incorporate it in my report to the City Council. If you .-nr •'a any questions or thare are any , oint;s that are' not f; lly clear, please Call so that I mray discuss them with you. Sincerely yours, Calvin C. Stewart, Director GCS: h . O R. E. THOMAS COUNTY ADMINISTRATIVE OFFICER o o , UNTY OF _ COUNTY ADMINISTRATION BUILDING Q 815 NORTH SYCAMORE STREET SANTA ANA, CALIFORNIA 02701 oC> , RANGE TELEPHONE: 834-3097 AREA CODE 714 I COUNTY ADMINISTRATIVE OFFICE GENERAL REVENUE SHARING SECTION 77-RS-187 March 10, 1977 4 Calvin C. Stewart, Director Parks, Beaches and Recreation• Departmnt 8300 W. Newport Blvd.: Newport Beach, CA 92663 Dear Cal: Attached is the reply to your request for legal opinion on the use of the Cliff Drive church site by the Carden School. County Counsel has reviewed the request and found that such action would . be in violation of the existing agreew-nt between the City of Newport Beach and the County of Orange. If you have any questions, contact re at 834-2014. Sincerely, Jerry 0. Strong Administrative Analyst JOS:tw Attachmmnt cc: Supervisor Riley Peru -Third District I of Orang' s . H E N O ® nSO.123.1 soDATE% March '8, 1977 To. Jerry Strong DEFT/DIST: Revenue Sharing-CAO FROM: Howard Serbin, Deputy, County Counsel SUBJECT: Inquiry of March 2, 1977, from the City of Newport Beach You have asked this office for a written opinion bn an inquiry from the City of Newport Beach, dated March 2, 1977, regarding the Cliff Drive project. in light of the City -County agreement of September 24, 1974, the City has asked whether under the terms of the Agreement„ the City may grant exclusive use of the Cliff Drive site to a private school (the Carden School) for a maximum,period of one year. No. ANSWER ANALYSIS It is clear from the terms of the Contract that the project funded thereby was intended to be used primarily for recreation. The recitals in the agreement state that the project involves "...acquisition of the Cliff Drive View Park for recreational use." Paragraph 2 of the agreement discusses the "...cost of acquisition for recreational use...." According to Paragraph 9 of the Agreement, the project, "...must be retained for public parks, recreation, or open space purposes in perpetuity, along with a level of operation and maintenance adequate to insure the maximum utilization of the project by the public for recreation 11 purposes... We do not believe that granting a private school exclusive use of the property would fulfill the terms of the agreements. The agreement was clearly intended to fund a recreational project, not an educational institution. HS:sb (# Y OF NEWF ORT ACH COUNCILMEN MINUTES �o y oo ��\f6\fop RegularCouncil Meetingc N\Place: Council Chambers /��mFs Time: 7:30 P.M. .FOLL CALL �• Date: February 14, 1977 ni nr.. MLICA Present x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion x January 24, 1977 was waived, and said Minutes, as Ayes x x x x x x x amended, were approved and ordered filed. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk was Ayes x x x x x x x directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing regarding Senior the development plan for a Senior Citizens Center Citizens on property located at Fifth and Marguerite Center Avenues, Corona del Mar, and consideration of the environmental document. Reports were presented from the Community Develop- ment Department and from the Parks, Beaches and Recreation Department. A report was presented from the Community Develop- ment Citizens Advisory Committee. A letter from the Corona del Mar Chamber of Commerce was presented urging Council to vote favorably on the implementation of the Senior Citizens Center. The following people addressed the Council in favor of the Senior Citizens Center at Fifth and Marguerite: Allison Bishop; Gwen Felton; Joan •Bernatz, representing the Citizens Advisory 'Board to the County Mental Health, Region 3; and Joe Mariscal. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Motion x Councilman Kuehn made a motion to accept the environmental document and approve the development . plan for the Senior Citizens Center in concept for implementation by August 1, 1977, subject to City Council approval of a phasing plan and financing plan. Mayor Dostal asked that the motion be amended to delete the implementation date of August 1, 1977, which amendment was accepted by the maker of the motion. Ayes x x x x x x A vote was taken on Councilman Kuehn's amended Noes x motion, which motion carried. 2. Mayor Dostal opened the public hearing for the Conflict purpose of adopting a Conflict of Interest Code of for designated publ is officials and employees. Interest A report from the City Attorney was presented with the Conflict of Interest Code. Motion x The proposed Conflict of Interest Code was 'Ayes x x x x x x x referred to the Pending Legislation and Ethics Committee, and the hearing was continued to February 28. : Volume 31 - Page 26 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 14, 1977 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: CARDEN SCHOOL LEASE - 5th & MARGUERITE SITE STUDY SESSION AGENDA NO.,k COUNCIL AGENDA NO.,� On July 21, 1975, the City of Newport Beach entered into an agree- ment with the Carden School of Corona del Mar (Mr. and Mrs. Wilson) to lease the property for school use. Pertinent sections of this lease are as follows: -- 1. The term of this lease'shall be from year to year, com- mencing on the first day of August of each year. 2.. Lessee shall pay to City $1,875 per month. ($22,500 per year) 3. Lessee shall provide insurance policies protecting the City in the amount of $200,000 for injury or death of one person; $500,000 for injury or death of two persons; and $50,000'for damages to property. 4. At the expiration of the lease, lessee shall surrender pos- session of the property and appurtenances to the City in good order and condition. 5. Should lessee desire to renew the lease he shall give City ninety (90) days advance written notice. The City is not bound or obligated to renew this lease. On April 12, 1976 the City Council, by Resolution No. 8735, re- newed the lease for an additional year, or until August 1, 1977. On Jan- uary 21, 1977 the Carden School of Corona del Mar submitted.a letter to Mayor Dostal requesting a third renewal of the lease as provided in the basic lease document. If the City renews the lease, the City could expect revenue of at least $1,875 per month from the Carden School. A renewal of the lease, however, would encumber the property to the extent that it could not be used as a Senior Citizen facility during the term of the school lease. On February 14th the Council, in public hearing, will consider the redevelop- ment plan for the subject site. This redevelopment"plan has been approved ' r I^ � C) Itr 1 \Cr U/