HomeMy WebLinkAbout11/24/1986 - Regular MeetingCOUNCIL MEMBERS
A� 'oC REGULAR COUNCIL MEETING
1® G�A PLACE: Council Chambers
00 DATE: November 24, 1986
ROLL C ®1 9
MINUTES
,O.6 IV
Present
Motion
ained
Motion
All Ayes
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A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of November 10, 1986 was waived,
approved as written, and ordered filed.
C. The reading in full of all ordinances
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing
regarding AMENDMENT OF THE 1986 -87
FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK
CDBG /HUD
(87)
GRANT (CDBG) APPLICATION.
Report from the Planning Department, was
presented.
The City Manager briefly summarized the
purpose for the public hearing, which is
for the City to earmark the maximum
allowed by law, 15% of the total annual
entitlement under the Community
Development Block Grant [CDBG] program,
for social services, and /or land
acquisition. He stated that the Council
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would not be required to approve any
social service contracts at this time,
but that different agencies be permitted
to request funds for social services.
Pat Eichenhofer, 2128 E. Ocean
Boulevard, addressed the Council
requesting $1200 of the CDBG funds for
the "We Care Soup Kitchen," a social
service located at the Rea Center in
Costa Mesa;, stating that the soup
kitchen was started last June to feed
some of the areas homeless people, who
are sleeping in cars and on the streets.
As word spread of the soup kitchen they
have averaged 400 bowls of soup per day,
served to approximately 115 people.
Volunteers have provided funds and time
to build the large stove to accommodate
the huge soup pot in the corner of the
senior citizens kitchen in the Rea
Center, which the City of Costa Mesa
allows them to use, as well as pay for
the use of utilities, and so far, local
bakeries have supplied them with bread,
rolls, muffins and bagels to go along
with the hot soup. She stated that they
operate solely on private donations
except for the space allowed by the City
of Costa Mesa, and thanked the Council
for allowing her to present the request
for a share: of the CDBG funds.
Volume 40 - Page 456
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Scott Mather, Chairman of the Orange
CDBG /HUD
Coast Interfaith Shelter, operating in
the City of Costa Mesa, addressed the
Council, referring to the letter
submitted to the City requesting funds
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to operate the shelter. They currently
help 70 people per evening, 50% who are
children. They work mostly with
families and single women who stay with
them for no more than 60 days and during
that length of time they learn how to
budget, establish a savings account, and
within the! 60 day period they have
enough money for their first and last
month's rent to get themselves back into
the mainstream of society and the
community. He stated that they have an
80% success ratio with the people who
are helped. by their program and they are
requesting a share of the CDBG funds for
operating capital.
Judy Mader-, 2418 Holiday Road,
representing 11Share Ourselves (SOS),"
addressed the Council requesting a share
of the CDBG funds for the organization
which is also based in the Rea Center in
Costa Mesa.. She stated that they serve
approximately 20,000 homeless people per
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month providing food and temporary
shelter. In the last few months they
served, on. an average, about 3,500
homeless people providing them with food
and temporary shelter for one or two
nights in a hotel or a regional park, or
whatever is available. They also
operate a free clinic serving
approximately 800 people, open 80 hours
per month. She added that some of the
homeless come from Newport Beach, or
tell them that their parents live there,
or that is where they last lived.
Joann Hyslop, Associate Director of the
YWCA, South Orange County, addressed the
Council, referring to their proposal for
$24,000 HUD funding to assist in
providing housing and support services
for low income and homeless women in
Orange County who will use the YWCA
Hotel for Women scheduled to be opened
in December, 1986. She stated that they
have received funds from other cities
within Orange County for construction
and operating funds. They estimate that
the hotel will serve 350 -400 women per
year with 20 rooms having 40 beds, and a
program to assist women to find jobs,
counseling; and additional programs to
assist therm to get back into society.
She added that this is a functioning
Volume 40 - Page 457
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hotel, not a shelter and they will
CDBG /HUD
charge rent, somewhat like the hotel for
women in Los Angeles. They receive many
donations from individuals, the private
sector, City of Santa Ana and HUD funds.
Larry Campeau, Mesa Development Company,
addressed the Council, stating that they
are requesting as much funding as the
City can give them. They are currently
developing a project of 25 affordable
apartments at 1544 Placentia Avenue and
are negotiating for a parcel of land
immediately adjacent to it for the
second phase, which would consist of 28
affordable units, and would greatly
appreciate the City allocating a portion
of the additional CDBG funds for land
acquisition.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
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Motion was made to adopt Resolution No.
86 -98, approving amendment of the
1986 -87 fiscal year application to
allocate the additional $73,000 in CDBG
funds, and directing staff to forward it
to the Department of Housing and Urban
Development.
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Discussion ensued, and the question was
raised regarding whether the City could
take, say $25,000, and have some type of
lottery, or "give away" for first time
only buyer, consistent with the CDBG
rules and regulations.
Alice McCullough, CDGB Consultant for
the City, addressed the Council stating
that although it could get complicated,
the City could participate on a lottery
type basis regarding new construction
for purchase of units for sale to low -
and moderate- income families.
All Ayes
The motion was voted on and carried.
E. PUBLIC COMMENTS:
1. Don Hunter, Golden State Mobile
Golden
Homeowners League, addressed the Council
State
stating that a possible answer to the
Mobilehome
mobile home park and affordable housing
League
problem is for more mobile homeowners to
purchase their park, or their own space,
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and from time to time, he will be
sharing more information regarding this
with the City Council. He also stated
Volume 40 - Page 458
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November 24, 1986 INDEX
that the Golden State Mobile Homeowners
League, the largest and oldest mobile
homeowners association in California,
will be celebrating its 25th year.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on December 8,
1986:
(a) Proposed ORDINANCE NO. 86 -30, Ord 86 -30
being, Massage/
Bus Lic
AN ORDINANCE OF THE CITY OF (27)
NEWPORT BEACH AMENDING SECTION
5.50.025 (B)(4) pertaining to
Massage Parlors. (Report from
Assistant City Attorney)
Schedule for public hearing on December
8, 1986:
(b) Proposed ORDINANCE NO. 86 -31, Ord 86 -31
being, Zoning
(94)
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING SECTION
20.10.025 OF THE NEWPORT BEACH
MUNICIPAL CODE AS IT PERTAINS
TO PERMITTING BAY WINDOWS AND
GREENHOUSE WINDOWS TO ENCROACH
INTO REQUIRED YARD SETBACKS IN
RESIDENTIAL DISTRICTS
[PLANNING COMMISSION AMENDMENT
NO. 641] (Report from the
Planning Department)
(c) Proposed ORDINANCE NO. 86 -32, Ord 86 -32
being, Zoning
(94)
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING
DISTRICTING MAPS NO. 22 and
25, RECLASSIFYING CERTAIN
PROPERTY FROM UNCLASSIFIED AND
UNCLASSIFIED (MHP) TO R -3
(2178) and R -3 (2178) (MHP)
AND FROM M -1 -A to M -1 -A (1.0)
[PLANNING COMMISSION AMENDMENT
NO. 640] (see report from the
Planning Department with
agenda item F- 10(a))
Volume 40 - Page 459
COUNCIL MEMBERS
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November 24, 1986
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
3. CONTRACTS /AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Authorize the Mayor and City Clerk
to execute an Amendment to the
California State Coastal
Conservancy Agreement No.
84- 019- 77 -38 -A for Unit I, Upper
Newport Bay Sediment Control and
Restoration Project (Contract No.
2441). (Report from the Public
Works Department)
(c) Authorize the Mayor and City Clerk
to execute an Amendment to the
Lease Agreement with the
Newport -Mesa Unified School
District for the City's use of the
Athletic facilities at Lincoln
Intermediate School (Contract No.
2528). (Report from Parks, Beaches
and Recreation Director)
(d) Authorize the Mayor and City Clerk
to execute Amendment No. 1 to the
Funding Agreement with the County
of Orange for the Upper Newport Bay
Bicycle Equestrian Trail (Contract
No. 2435). (Report from Public
Works Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Parks, Beaches and Recreation
Department for inclusion in the
records, letter of appreciation
from the Dover Shores Community
Association regarding excellent job
of the City's Parkway tree trimming
throughout their community.
(b) To Finance Director for reply,
letter from Dennis A. Rosene
requesting pro -rata of annual
$30.00 permit parking fee and
refund for unused permit.
(c) To Utilities Department for reply,
letter from Eugene D. Gierson
regarding diminished water pressure
at his 3601 Seashore residence.
Volume 40 - Page 460
Unit I /Upr
Npt Bay
SC &RPrj
(38)
Sch
(38)
Npt Bay/
(38)
(62)
(89)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
November 24, 1986
(d) To Pending Legislation and Legi
Procedural Ethics Committee, (48)
request from Pat McVeigh to
consider commending the ongoing
efforts of the organization BEYOND
WAR in educating the citizens of
all communities in the process of
peace.
(e) To Traffic Engineering - Public Works Traf
Department for reply, letter from (85)
Michael L. Watt, a concerned
citizen, regarding alleged
dangerous intersection at the
on -ramp to Newport Boulevard from
Old Newport (two blocks up from
Pacific Coast Highway at about 300
N. Newport Boulevard).
(f) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Local Agency
Formation Commission Minutes of
October 1, 1986.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Eric Bergren alleging personal Berg
injuries as a result of swimming at
"The Wedge," claiming City failed
to place warning signs.
(b) Raymond Hopkins alleging personal Hopi
injuries by City Police Department
near Pacific Coast Highway and 5th
Street: in the City of Huntington
Beach on August 31, 1986.
(c) Christina Smith, aka Christy Smith Smith
alleging personal injuries by City
Police Department near Pacific
Coast Highway and 5th Street in the
City of Huntington Beach on August
31, 1986.
(d) The Irvine Company alleging Irvine Co.
landscaping was damaged at Newport
Center Drive and Santa Cruz by
Paxin Electric during construction
work, stating City of Newport Beach
instructed Paxin Electric where to
dig.
Volume 40 - Page 461
COUNCIL MEMBERS
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November 24, 1986
(e) Clyde Kirk seeking reimbursement -of
vehicle storage fee, alleging
vehicle impounded as a result of
being booked by Police Department
on August 1, 1986, and blood test
results determined that charges be
dropped,
(f) Jennifer McQuillan alleging damage
to parked vehicle on Balboa
Boulevard and Ninth Street by
Newport Beach Police Department in
pursuit on October 10, 1986.
Kirk
(g) Miklos Munkacsi seeking Munkacsi
reimbursement alleging City refuse
crew took trash lids to trash can
by mistake when picking up refuse
at 1830 Beryl Lane on October 28,
1986.
(h) William V. Schmidt, Trustee for Schmidt
Vick Estate, alleging property
damage to carpet as a result of
sewer backup on October 27, 1986 at
54 Beacon Bay.
(i) Gail Yampolsky alleging damage to Yampolsky
windshield of vehicle as a result
of work at Jamboree Road between
Bayview and 73 Freeway on October
29, 1986.
7. SUMMONS AND COMPLAINTS - For denial and �(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) David E. Campana for Violation of Campana
Federal Civil Rights, Defamation of
Character, Emotional Distress,
etc., and Demand for Jury Trial,
Orange County Superior Court, Case
No. 50- 47 -31. Claim was denied by
City Council in September, 1986.
8. REQUEST TO FILL PERSONNEL VACANCIES: (66)
(Report from the City Manager)
(a) Approve one Police Officer, Patrol
Division.
(b) Approve one Tree Trimmer I, Street
Tree Division.
(c) Approve four Refuse Crewworkers,
Refuse Division.
(d) Approve three Refuse Leadworkers,
Refuse Division.
(e) Removed from the Consent Calendar.
Volume 40 — Page 462
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\11\%\ G �� November 24, 1986
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Memorandum from the City Attorney's O'Donnell/
Office requesting approval of fees Gordon
for O'Donnell and Gordon (Contract C -2331
No. 2331) from November 1 - (38)
December 31, 1986.
(b) Memorandum from City Manager
Council
regarding
amendments to Council
Policy
Policies
F -11, Administration of
(69)
Operating
Budget, and F -14,
Purchasing
Authority for Goods and
Services.
10. PUBLIC HEARING SCHEDULING - December 8,
1986:
(a) GENERAL PLAN AMENDMENT 86 -2(B) - An
amendment to the Land Use Element
and Map of the Newport Beach
General Plan changing the
designation of 3.6 acres of
property between Superior Avenue
and Placentia Avenue approximately
290 feet to the north of Fifteenth
Street, from "Retail and Service
Commercial" to "Multi- Family
Residential," and to apply a floor
area limitation of 1.0 on 6.8 acres
of land between Superior Avenue and
Placentia Avenue, approximately 590
feet to the north of Fifteenth
Street to the northerly City
boundary, which is designated for
"General Industry" uses; and
AMENDMENT NO. 640 - An amendment to
Districting Maps 22 and 25,
reclassifying 3.6 acres of property
between Superior Avenue and
Placentia Avenue approximately 290
feet to the north of Fifteenth
Street, from Unclassified and
Unclassified (MHP) to R -3 (2178)
and R-3 (2178) (MHP), and to
reclassify the property between
Superior Avenue and Placentia
Avenue, approximately 590 feet to
the north of Fifteenth Street to
the northerly City boundary, from
M -1 -A to M -1 -A (1.0), reducing the
permitted level of development on
the property from 3.0 times the
buildable area to 1.0 times the
buildable area of the site; and
Volume 40 - Page 463
GPA 86 -2(B)
(45)
PCA 640
(94)
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COUNCIL MEMBERS
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Al I November 24, 1986
MINUTES
REQUEST FOR DENSITY BONUS - Request
for density bonus in accordance
with Section 65915 of the
California Government Code so as to
construct an apartment complex with
25 units affordable to lower income
families; and
TRAFFIC STUDY - Request to consider
a traffic study so as to permit the
construction of a 25 unit apartment
complex on the property. (Report
from the Planning Department)
(b) TENTATIVE MAP OF TRACT NO. 12873 -
A request to subdivide 1.147 acres
of land into six (6) lots for
single family residential
development on property located in
the R - -1 District. The proposal
also includes: a request to
approve a rough grading plan for
the purpose of establishing
building pad elevations for the
measurement of allowable building
heights; the approval of a
modification to the Zoning Code so
as to allow a 5 foot high retaining
wall along the rear of Lot 1, which
encroaches 10 feet into a required
10 foot front yard setback adjacent
to Cliff Drive; to allow a 10 foot
front year setback on a portion of
Lot 6, where a 20 foot setback
would normally be required; and the
acceptance of an Environmental
Document. (Report from the
Planning Department)
TMapTr12873.
11. UPHOLD STAFF'S RECOMMENDATION TO APPROVE Permit
APPLICATION OF PHILIP PETTY - To (65)
construct brick staircase in public
right -of -way adjacent to 1720 Kings
Road. (Report from Public Works
Department)
12. WATER MAIN REPLACEMENT PROGRAM 1986 -87 Wtr Mn/
(Contract 2566) - Approve the plans and Rplcm Prg
specifications; and authorize the City C -2566
Clerk to advertise for bids to be opened (38)
at 11:00 a.m. on December 11, 1986.
(Report from Public Works Department)
13. Removed from the Consent Calendar.
14. RESUBDIVISION NO. 809 - Accept the IResub 809
public improvements constructed in (84)
conjunction with Resubdivision No. 809
(a portion of Lot 3, Block 7, Tract No.
Volume 40 - Page 464
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November 24, 1986
27 located at 3233 Clay Street, on the
westerly side of Clay Street, between
Bolas Avenue and Westminster Avenue, in
Newport Heights); and authorize the City
Clerk to release the Faithful
Performance Bond Certificate of Deposit
No. 1488. (Report from Public Works
Department)
15. RESUBDIVISION NO. 723 - Approve a
Subdivision Agreement guaranteeing
completion of the remaining public
improvements required with Resubdivision
No. 723 (Lots 31 -35, Tract 1220; Lots
142 -146, Tract 1218; a portion of Lot
171, Block 54, Irvine's Subdivision; and
a 20- foot -wide alley located at 600 St.
Andrews Road, on property bounded by St.
Andrews Road, Clay Street, and 15th
Street, across from the Newport Harbor
High School, in Cliff Haven); and
authorize the Mayor and City Clerk to
execute the agreement; and release the
Faithful Performance Bond (Bond No.
7125012) and the Labor and Material Bond
(Bond No. 7125012). (Report from Public
Works Department)
16. RESUBDIVISION NO. 819 - Accept the offer
of dedication of an alley easement as
shown on the parcel map for Lots 12, 13
and 26, Block 14, Balboa Tract, merged
as a single building site by Document
12818 -996, located at 922 East Ocean
Front and 925 -927 East Balboa Boulevard,
on the northerly side of East Ocean
Front and the southerly side of East
Balboa Boulevard, between "A" Street and
"B" Street, on the Balboa Peninsula.
(Report from Public Works Department)
17. Removed from the Consent Calendar.
Resub 723
(84)
Resub 819
(84)
18. PLANNING COMMISSION - Accept the Planning
resignation from Planning Commissioner Cmsn
Clarence J. Turner, effective November (24)
12, 1986, as a result of his election to
the Newport Beach City Council on
November 4, 1986.
19. BUDGET AMENDMENTS - For approval:
BA -040 - $15,700 Transfer in Budget
Appropriations for replacement of
breathing air compressor and
modification of vehicle carrying
compressor; General Fund.
Volume. 40 - Page 465
(25)
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CITY OF NEWPORT BEACH
MINUTES
November 24, 1986
BA -048 - $3,000 Increase in Budget
Appropriations and Decrease in
Unappropriated Surplus for appraisal of
property located at the northwest corner
of 15th and Balboa; General Fund.
BA -049 - $66,200 Increase in Budget
Appropriations and Revenue Estimates for
Unit II, Upper Newport Bay Sediment
Control and Restoration Project to lower
Pacific Bell submarine cables (Pacific
Bell to provide $66,200); General Fund.
BA -050 - $74,000 Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for construction
cost of a new 12 -inch water main as part
of widening Balboa Boulevard; Water
Fund.
BA -051 - $213,960 Transfer in Budget
Appropriations for design and
construction of Balboa Boulevard from
32nd to 44th Streets; State Gas Tax
(2106) Fund.
BA -052 - $26,000 Increase in Budget
Appropriations for reconstruction of
30th Street: Park in conjunction with the
widening of Balboa Boulevard from 32nd
Street to 40th Street; Park and
Recreation Fund.
BA -053 - $107,500 Increase in Budget
Appropriations and Revenue Estimates for
construction of Balboa Boulevard from
32nd to 44th Streets; Arterial Highway
Financing Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. HARBOR PERMIT APPLICATION #128 -3017 by
Lancer Landing, Ltd., to revise the
commercial docks bayward of 3101 West
Pacific Coast Highway was presented with
staff's recommendation for approval,
subject to conditions listed in the
staff report.
Motion was made to defer action,
regarding the subject application, to
the City Council meeting of December 8,
1986.
Eric Bronk, attorney for the applicants,
addressed the Council, stating that they
had not yet reviewed the Marine
Department's report and recommendation,
and therefore, requested a 30 -day
postponement.
Volume 40 - Page 466
Harbor
Permit Apl
#128 -3017
(51)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
November 24, 1986
In view of the foregoing, Mayor Pro Tem
Hart amended her motion to defer action
on Harbor Permit Application #128 -3017
until the City Council meeting of
January 12, 1987.
2. SUMMIT STREET AND BALBOA PARKING LOT
IMPROVEMENTS (CONTRACT NO. 2575), was
presented with report from the Public
Works Department.
Discussion ensued, wherein the Public
Works Director stated that the County of
Orange has indicated a willingness to
clean up the area within the next few
months, but to delay Summit Street work
or any other work pending the
disposition of the County's Flood
Control Right -of -Way would not be in the
City's best interest, as the final
design for the Santa Ana River Project
will not be conpleted for several years.
He offered that staff would be willing
to request the County of Orange to set
the fence back a few feet from the
sidewalk to allow some type of planting.
Motion was made to affirm the Negative
Declaration of Environmental Impact;
approve the: plans and specifications;
authorize the City Clerk to advertise
for bids to be opened at 11:00 a.m. on
December 23, 1986, for Summit Street and
Balboa Parking Lot Improvements
(Contract No. 2575); and in addition,
request staff to investigate the
possibility of having some type of
planting to disguise the fence along
Summit Street.
Aaron Birchum addressed the Council,
stating that he has been a resident of
the area for 10 years, and commented on
the trash left by the tourists, surfers,
and visitors, the noise, and the lack of
respect for the residents who live
there.
Mr. Birchum stated that the proposed
plan is structured so that some of the
street is to be opened up to Seashore.
He took a poll which indicated
approximately 80% of the residents and
owners are not in favor of opening up
Seashore to Summit Street, and they
would rather keep the traffic on
Seashore, than have the traffic come
back down the alley. He stated that he
was representing the majority of the
Volume 40 - Page 467
Summit St/
Balboa Pkg
Lt Imprvms
C -2575
(38)
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November 24, 1986
residents who felt that they should be
allowed to have their views expressed,
as well as their needs met.
Council Member Plummer commented that
she was glad the area would be cleaned
up, that the street will be one -way, and
the parking will accommodate the residents,
and commended the staff for doing a good
job in protecting the interests of the
residents in the area.
The motion was voted on, and carried.
3. Proposed resolution with report from the
Public Works Department requesting the
County of Orange to increase the
allocation from the Arterial Highway
Financing Program for the widening of
Balboa Boulevard between 32nd Street and
44th Street; waive the irregularity in
the bid documents of Silveri & Le Bouef
JV; award Contract No. 2568 to Silveri &
Le Bouef JV for a total bid price of
$1,935,946.50,; and authorize the Mayor
and City Clerk to execute subject
contract, was presented.
The City Attorney summarized for Council
that the bids for the subject contract
were opened on October 31, and Silveri
& Le Bouef JV, was the low bidder. On
November 4, the low bidder contacted the
Public Works Department, asking that
they be relieved from their bid,
alleging that a subcontractor's bid
they had used to calculate the cost of
the underground utilities had not
included the cost of de- watering, and
that deletion made their bid an
erroneous one. The contractor told the
Public Works staff in a meeting on
November 4, that the he had gone to the
location of the project after the bid
opening and found that the water table
was relatively high, looked at the
specifications and found that
de- watering; would be required. The
Public Works Director informed Silveri
& Le Bouef at that meeting that they had
not submitted sufficient information to
justify staff recommending relief to the
Council, and he told them to provide
additional information.
The Public. Works Director talked to Mr.
Silveri on November 14, and at that time
their request for relief from the bid
was withdrawn, a withdrawal that the
Public Works's Director requested be
Volume 40 - Page 468
AHFP /Bal B1
Wdng /32nd-
44th Sts
C -2568
(38)
COUNCIL MEMBERS
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November 24, 1986
confirmed in writing. However, on
Friday, November 21, the Public Works
Director and the City Attorney both
received a phone call from a
representative of the contracting firm
asking that the request for relief be
reinstated.
The City Attorney stated that he has
provided an executive summary of the
facts and the alternatives available to
the City Council. The Council could
take the following actions: award the
contract to Silveri & Le Bouef today;
consent to relieve Silveri & Le Bouef of
their bid and award the subject contract
to the second low bidder, which is
Flemming Construction; or reject all
bids and readvertise for bids on the
project. He stated that Council has the
right to grant Silveri & Le Bouef °s
request for relief, but Council does not
have any dusty to do so. If Council does
not grant their request for relief of
the bid, Silveri & Le Bouef have the
right to go to court and obtain a court
order seeking a relief from their bid,
but to get a court order they must prove
a mistake, that the mistake was a
clerical one, and not in judgment and
not due to carelessness. They must also
prove that the mistake made their bid
materially different than they intended
it to be. Silveri & Le Bouef have also
indicated that they desire to have the
subcontractor that they referred to
listed and substituted into their bid,
as they did not list the subcontractor
when they submitted their bid documents,
although there is a form that requires
them to do so.
The City Attorney added that he has
reviewed the provision of State law
applicable to substituting
subcontractors or original contractors
named in the bid documents; and he did
not believe that Silveri & Le Bouef have
complied with the procedural
requirements, which include giving
notice to the subcontractor that they
intend to substitute, as well as
providing affidavits to the City Council
explaining the circumstances surrounding
the clerical error that caused the
subcontractor not to be listed in the
original bid documents.
Volume 40 — Page 469
AHFP /Bal Bl
Wdng /32nd-
44th Sts
COUNCIL MEMBERS
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Motion
All Ayes
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x
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November 24, 1986
The Public Works Director commented on
AHFP /Bal B1
the consequences of the alternatives,
Wdng /32nd-
stating that the second alternative to
44th Sts
consent to relieve Silveri & Le Bouef
and award to the second low bidder, is
that the cost would be $181,000 higher
than the low bid; the third alternative
to readvertise poses two potential
consequences; 1) it might be very
difficult to award a contract and have
the work completed in time for
next summer, and 2) it exposes the City
to perhaps an even less favorable bid,
as there is no way of knowing at this
time what the outcome could be. He
added that they do know that contractors
doing this type of work in this area are
relatively busy, and that the City only
received three bids.
The City Attorney added that if the City
awards the bid to Silveri & Le Bouef
today, they have 10 days not including
weekends and holidays from the time the
City submits the contract doeuments to
execute them and return them to the
City. If Silveri & Le Bouef fails to do
so within the 10 -day period, refuse to
sign the contract, the Council then has
the option of awarding to the second low
bidder and pursuing the contractor and
the surity that produced the bid bond
and try to obtain the 10% of Silveri &
Le Bouef's bond as punitive damages as
award for failure to sign the contract.
Motion was made to approve the agenda Res 86 -99
action, and adopt Resolution No. 86 -99,
with the exception that the irregularity
in the bid documents of Silveri & Le
Bouef JV, regarding the naming of an
underground subcontractor, not be
waived.
4. Request to approve one Librarian III, Personnel
Administrative Division, was presented (66)
in a report: from the City Manager
regarding personnel vacancies.
Steven Chweh, Supervisor and Librarian
III, Technical Services, addressed the
Council, stating that his qualifications
include a Ph.D. in Library Science from
the University of Pittsburgh, 16 years
of library experience, and prior to
coming to Newport Beach in 1983, he
taught Library Science at the University
of Southern California for five years.
Volume: 46 - Page 470
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COUNCIL MEMBERS
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\S\00 November 24, 1986
MINUTES
Mr. Chweh stated that he regretted
having to come before the City Council
to ask them not to approve the new
proposed position, as he felt that the
job description developed for the new
position, i.e., 'The Coordinator is
responsible for management and
supervision of all Automated and
Technical Services for the System...
manage 10 person technical services,
including Exhibitions and Cataloging,'
was taking away his duties and
responsibilities and, " he is being
forced out by unacceptable humiliation
and unfair treatment of a professional."
Mr. Chweh added that he is the
Supervisor of the Technical Services and
has not resigned his position. He felt
that the proposed new position was a
direct job threat and a challenge for
confrontation. He made the point that
the new position was a waste of over
$50,000 per year in salary and benefits,
and that it is customary that the head
of the Technical Services takes over the
responsibility of managing the City's
proposed automation project. He also
stated that he felt that the work he was
presently assigned was work that should
be done by Librarian I level position,
which left him no time to devote to his
normal duties.
The City Manager stated that the subject
of automation was discussed earlier at a
study session regarding the data
processing conversion within the City's
Library System, and as a result,
approval of the proposed new position of
Librarian III is being recommended. A
recruitment would occur on an open
basis, as well as from within the City
for qualified applicants, and tests and
interviews would be administered through
the Personnel Department. He added that
Mr. Chweh's position was not being
eliminated as the result of the proposed
new position.
The Personnel Director addressed the
Council stating that the library
automation has been under consideration
for approximately eight years, and the
Council has appropriated $700,000 for
the conversion process. The City
Librarian feels that on advice from
consultants and evaluation by the Board
of Library Trustees in considering the
value and the weight of this project and
Volume 40 -.Page 471
Personnel
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November 24, 1486
MINUTES
Volume 40 - Page 472
Personnel
the high salary the proposed new
position will command, will assure the
City gets the best possible candidate to
manage the conversion.
•
The Personnel Director stated that, as
far as Mr. Chweh's statement that his
job will be eliminated,.. "is not part of
the plan--his job will be altered, but
every job in the library system is
expected to be altered with automation."
It is possible that Mr. Chweh or other
members of the Library staff have the
capabilities to manage this project.
Council Member Strauss raised the
question as to whether Mr. Chweh's job
was in jeopardy.
The Personnel Director stated that he
was comfortable in saying that the job
is not in question. If Mr. Chweh's job
is in jeopardy, it will be because of
personal performance or other reasons,
but the approval of this project tonight
does not go simultaneously, or hand in
hand with eliminating his position.
Council Member Maurer stated that if he
were in Mr. Chweh's position, he would
•
be more concerned if the salary was to
be altered, and asked if he could have
an answer from staff regarding this.
The Personnel Director stated that he
couldn't, except that Mr. Chweh has been
hired and classified as a Librarian III,
and Mr. Chweh was accurate when he
portrayed his educational and
professional background. It is presumed
that Mr. Chweh can be of tremendous
value to the Library Department in some
facet in the future, perhaps in the
classification of the position that is
under discussion tonight. It is a large
system containing four branches, over 50
full -time staff people, a large network
of volunteers, and an enormous inventory
to manage with plenty of work and a lot
of high level responsibilities. With
such a big project as the computer
automation of the system, which is
largely manual, it is impossible as to
what character the job would take. He
stated he would expect that all the jobs
from the Library Director down to the
•
Library Pages would experience some
drastic modifications during the
automation process.
Volume 40 - Page 472
Personnel
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Motion
All Ayes
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Motion
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MINUTES
November 24, 1986
Motion was made to approve the agenda
action regarding new position of
Librarian III, Administration Division.
5. Letter from Zeppa Restaurant, Inc., to
review 1 °Fair Share Contribution" in
connection with Use Permit No. 3200 and
Variance No. 1130, was presented.
Jim Skaug, representing Zeppa
Restaurant, Inc., addressed the Council
requesting relief from the stipulation
of the Fair Share Contribution formula
primarily becuase the ordinance did not
take into consideration their position
which eliminated two very low end fast
food operations into one very
sophisticated quality restaurant. He
stated that as a result, there is
approximately 70% decrease in the actual
use by pedestrians and /or motor
vehicles. They are also providing their
own parking, in excess of the required
parking, so that their patrons will not
be using public parking spaces in this
highly congested area.
Mr. Skaug cited the financial risk that
they are taking in establishing their
restaurant in a "blighted" area, located
near the oceanfront. He added that the
owner of the building has offered to
redo the sidewalk and his proposal was
rejected, but ultimately tabled until
such time as there is a new tax
assessment district set up for the
McFadden Wharf area. He stated that
this is double coverage in terms of the
Fair Share Contribution, and then to be
affected by a special tax district later
to fund public works improvements in
that area.
The Public Works Director, in answer to
question of the Council, stated that the
Traffic Engineer did communicate with
the Planning Department to substantiate
the Fair Share Contribution fees that
they had calculated according to the
ordinance. There is a memorandum dated
October 30 from the Traffic Engineer to
the Planning Director on the subject.
In view of the foregoing, motion was
made to approved agenda action to refer
the subject: correspondence from Zeppa
Restaurants, Inc., to Public Works for
reply.
Volume 40 - Page 473
PW /Zeppa
Restaurant
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COUNCIL MEMBERS
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51Z 111 11
MINUTES
November 24, 1986
6. Report from Public Works Department
recommending award of Contract No. 2483
to Dutra Construction Co., Inc., of Rio
Vista, California, for $4,716,490; and
authorizing the Mayor and City Clerk to
execute contract for Unit II, Upper
Newport Bay Sediment Control and
Restoration Project and Upper Newport
Bay Water Transmission Main Crossing,
was presented.
John Miller, Box 1475, Newport Beach,
addressed the Council commenting that
Dutra Construction Company is highly
respected in the business, and referred
to the amount of money being spent on
the proposed project, but stated that
this will run the total that has been
spent in the Back Bay since 1980 to well
over $15 Million. He stated that he
would like to raise a question on behalf
of everybody in the City, as well as the
visitors who frequent the harbors. That
is to do very close monitoring of the
silt and clay content of the Bay waters
from a number of representative
locations around the harbor, lower
harbor, and Newport Harbor to find out
how much sediment there is in the water
now, how much there will be in the next
few months or over the next year, and
how much we will have in the water that
is now making the Bay brown. He
suggested that the Council appropriate
whatever sensible amount of money it
takes to give the citizens some answers
becaus6 the water looks just as dirty as
it looked in 1979.
Discussion ensued, wherein the Public
Works Director commented that there is a
sediment monitoring program by the
County in San Diego Creek, which is an
ongoing program, and will quantify
information with respect to sediment
from the principal tributary to the Bay,
which is San Diego Creek. Over 90%
of the total drainage area tributary of
the Bay reaches it through San Diego
Creek, and some of the discoloration is
probably due more to the nutrients, red
tide, and nitrates that are in the
water, than it is due to silt or
sedimentation. Ordinarily, sediment in
the water will only discolor it for a
short time after a rain storm has taken
place. He added that the Early Action
Plan of 1982 -83 was very effective in
removing sedimentation that would have
otherwise reached the Bay, but the City
Volume 40 - Page 474
Unit II /Upr
Npt Bay
SC &RPrj
C -2483
(38)
COUNCIL MEMBERS
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Motion
All Ayes
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Motion
All Ayes
lion
Ayes
x
x
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MINUTES
November 24, 1986
does not have a sediment monitoring
device in the lower Bay and it may not
even be effective, as sedimentation
measurement and monitoring is done in
the streams that transport the sediment,
when and if the sediment reaches the
receiving waters, and then it tends to
settle out.
Mayor Cox stated that perhaps the Harbor
Quality Committee, as was suggested by
members of the City Council, could look
into and evaluate different types of
monitoring programs to see how well they
work.
Motion was made to approved agenda
action awarding Contract No. 2483 to
Dutra Construction for Unit II, Upper
Newport Bay Sediment Control and
Restoration Project and Upper Newport
Bay Water Transmission Main Crossing.
H. ORDINANCES FOR ADOPTION:
Unit II /Upr
Rpt Bay
SCSRPrj
1. Proposed ORDINANCE NO. 86 -28, being, Ord 86 -28
Traffic
AN ORDINANCE OF THE CITY OF NEWPORT (85)
BEACH AMENDING ORDINANCE NO. 1400
TO DELETE CALIFORNIA VEHICLE CODE
ENFORCEMENT FROM BIG CANYON DRIVE
AND ALL STREETS CONNECTED TO IT,
EXCEPT CANYON ISLAND DRIVE /SEA PINE
LANE /SEA ISLAND DRIVE /PINE VALLEY
LANE /PAUMA LANE AND EL DORADO LANE,
was presented for second reading with
report from Public Works- Traffic
Engineering, dated November 10, 1986.
Motion was made to adopt Ordinance No.
86 -28,
2. Proposed ORDINANCE NO. 86 -29, being, 'Ord 86 -29
AN ORDINANCE OF THE CITY OF NEWPORT Bus Lic
BEACH AMENDING NEWSRACK ORDINANCE (27)
TO PROVIDE FOR MAXIMUM HEIGHT OF 48
INCHES WITH EXCEPTION OF A MAXIMUM
HEIGHT OF 40 INCHES ON MARINE
AVENUE,
was presented for second reading with
report from Public Works - Traffic
Engineering, dated November 10, 1986.
Motion was made to adopt Ordinance No.
86 -29.
Volume 40 - Page 475
COUNCIL MEMBERS
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MINUTES
November 24, 1986
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from Public Works regarding Perm
acceptance of APPLICATION OF DAVID AND (65)
MARY WILLIAMS to construct private
improvements in the public right -of -way
adjacent to 3713 Ocean Boulevard, Corona
del Mar, was presented.
The City Manager stated that the
application before the Council has been
reviewed by the Parks, Beaches and
Recreation Commission. The Public Works
Department memorandum is consistent with
the recommendation of the Parks, Beaches
and Recreation Commission, with two
exceptions: 1) that an 8 foot sidewalk
be constructed, rather than a 4 or 5
foot sidewalk; and 2) that the applicant
construct the sidewalk adjacent to them
so that the sidewalks connect (at
present there is a meandering type of
walkway).
Russ Fluter, 510 30th Street, General
Contractor for the applicant, addressed
the Council stating that they have
applied for a building permit to build
only on the lot, but not to build on the
public right -of -way. It is his
intention to handle the utilities to the
satisfaction of the City, including
landscaping, gas and sewer lines, and
they did not intend to do any work until
the proposed permit is granted. He
commented that the shorter sidewalk
would work a lot better because the lot
is low, and in order to drive down the
ramp they made the lot so that the
garage is the only thing that sticks
above the curb line. They would hope
that they could make the sidewalk a
little narrower so the problem of
creating a steeper ramp is eliminated.
Mr. Fluter mentioned that he was
concerned as to who would pay for the
completion of the 25 feet of additional
sidewalk that has been requested by the
Public Works Department. He added that
this condition was just recently
revealed, and was not mentioned before.
Volume 40 - Page 476
COUNCIL MEMBERS
\1�\�A November 24, 1986
Motion
All Ayes
Motion
All Ayes
x
X
MINUTES
The City Manager suggested that the
condition was added to the encroachment,
inasmuch as the sidewalks won't match if
they are not done at this time, and
either the City or the present applicant
would have to absorb the cost. It was
estimated that the cost would be
approximately $500 to $600.
The Public Works Director stated that
they are recommending the 8 foot
sidewalk for two reasons: 1)
obstructions (there is a fire hydrant
that reduces the effect of the width of
the sidewalk); and 2) this part of Ocean
Boulevard, all along the blufftop, is a
promenade and many pedestrians like to
take advantage of the view.
Motion was made to approve the
application, subject to construction of
a 6 foot -wide public sidewalk at the
applicant's expense across the frontage
of 3713 Ocean Boulevard; applicant to
remove the 25 feet (more or less)
blacktop path; that the utilities be
protected during construction; and the
execution of an agreementifor
nonstandard improvements.
K. ADDITIONAL BUSINESS:
1. Motion was made to have one City Council
meeting for the month of December, which
falls on the 8th day of December, 1986.
Meeting adjourned at 9:05 p.m.
ATTEST:
volume 40 - Page 477
(65)
t