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HomeMy WebLinkAbout02/22/1988 - Regular MeetingCOUNCIL MEMBERS Present x x eon • All Ayes Motion All Ayes • I XX Ix Ix Ix Ix X REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 22, 1988 Mayor Cox presented.Proclamation from City of Newport Beach in recognition of Girl Scout Week. A. ROLL CALL. B. Motion was made to waive reading of Minutes of Meeting of February 8, 1988, approve as written, and order filed. Council Member Plummer referred to Page 36, Use Permit No. 3306 -Cafe Lido, and stated that the second paragraph should be corrected to read as follows: "Discussion ensued with regard to Council Member Plummer °s suggestion, wherein it was pointed out that if the valet pickup and drop off were on Villa Way, it could create more noise for the residences because of the opening and closing of car doors." Council Member Maurer referred to amended Condition No. 9 on Page 36 of said minutes, and stated it was his intention that Cafe Lido be allowed to open at 3:00 p.m., rather than 3:30 p.m. on Saturdays and Sundays, with a closing time of 2:00 a.m., seven days per week, and with live entertainment to cease at 1:00 a.m., seven days per week. He stated, therefore, that said Condition should be corrected to read as follows: "Condition No. 9 - That the hours of operation of the restaurant use shall be limited between 5:00 p.m. to 2:00 a.m., Monday thru Friday, and 3:00 p.m. to 2:00 a.m., Saturday and Sunday. That live entertainment shall cease by 1:00 a.m., seven days per week.11 The above corrections were agreeable to the maker of the motion, and the minutes were approved as corrected above. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding GENERAL PLAN AMENDMENT CPA 87 -3(B) 87 -3(B), a request of the FIRST AMERICAN (45) TRUST COMPANY, Santa Ana, to amend the LAND USE ELEMENT of the Newport Beach General Plan so as to increase the total Volume 42 - Page 51 COUNCIL MEMBERS \'L ro uS� 11*\ �4P A • n A Ay ea x Y February 22, 1988 allowable development by 560 square feet, on property located in BLOCK 500 of NEWPORT CENTER (2161 San Joaquin Hills Road); zoned C-0-H. Report from the Planning Department, was presented. Jerry King, J. A. King & Associates, representing the applicant, addressed the Council in support of the request. He stated that the additional 560 square feet of office area would be accomplished by enclosing a 432 square foot area in the existing underground parking area and by adding 127 square feet of new building area. The 432 square feet would be used for storage of company records and the 127 square feet would be used to expand an existing office. Enclosing the 432 square feet in the parking area will result in the loss of three parking spaces, which will be replaced by the creation of two spaces in an area not now used for parking and by restriping the parking area. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 88 -11, amending the Land Use Element of the Newport Beach General Plan to increase the total allowable development by 560 sq. ft. on property located at 2161 San Joaquin Hills Road. 2. Mayor Cox opened the public hearing and City Council review of an APPEAL OF J. A. KING AND ASSOCIATES, acting for DOUG SALISBURY /MERLIN NORTON, Newport Beach, from the denial of the Planning Commission on January 21, 1988, of VARIANCE NO. 1143, a request to permit the retention of an "as built" enclosed patio that has created a single - family dwelling which exceeds the allowable floor area of 1.5 times the buildable area on property located at 120 South Bay Front, Balboa Island; zoned R -1.5. Report from the Planning Department, was presented. Appeal application of J. A. King & Associates, Inc., for Doug Salisbury, was presented. Volume 42 - Page 52 JGPA 87 -3(B) Res 88 -11 Var 1143 (91) COUNCIL MEMBERS �°yy��G,�s�,, February 22, 1988 • Volume 42 — Page 53 Var 1143 The City Clerk advised that after the agenda was printed, a letter was received in favor of the appeal from the Balboa Island Improvement Association. It was pointed out that the subject home was constructed in 1985, and that sometime between that time and October 1986, a patio was enclosed without the benefit of a permit, Council Member Maurer stated that he had viewed the site in question and expressed his reasons for supporting the variance. Jerry King, J. A. King & Associates, representing the applicant, addressed the Council and gave a brief history of the subject structure. He referenced drawings on display, and stated that the variance would not be detrimental to the neighborhood; that there are no environmental significant impacts as to the enclosure; and that the request should be approved. He stated that the neighbor immediately to the left of the subject property has a similar type of structure that protects the privacy of ' the patio and also protects the privacy of the living quarters. He stated that all of the construction which has taken place on the subject residence meets code requirements and energy standards required by the State. Discussion ensued, wherein the City Manager, in an attempt to clarify some concerns on the part of the Council, stated that a two story structure was constructed with the bottom story showing a patio with one side open, enclosed on three sides by the living structure, and with a glass roof as described in the staff report. With the side yard to the patio not enclosed, the area would not be counted in the figuration of the 1.5 times buildable, so it was removed to make it 1.5 times buildable, and therefore, comply with Code. Subsequently, the open side was enclosed, which makes it then become calculated as part of the buildable area - and now exceeds the 1.5 times buildable. • Volume 42 — Page 53 Var 1143 Motion 0 COUNCIL MEMBERS A 1\0\ X I Xi XI XI X - •, t ,r F� February 22, 1988 Council Member Turner commented he did not feel that staff was in error in finaling the structure as to its original plan; however, the owner chose to, at a later date, enclose it illegally without the benefit of a permit. Hearing no others wishing to address the Council, the public hearing was closed. X Motion was made to overrule the decision of the Planning Commission, and approve Variance No. 1143 based on the Findings and Conditions for Approval designated as Exhibit "B" of the staff report. Council Member Strauss stated that he could not support the motion, inasmuch as the staff and Planning Commission both recommended denial. He also stated there were no exceptional circumstances applying to the property; that in his opinion, if approved, it could be precedent- setting and it is not good policy to go against the 1.5 times buildable area. Discussion ensued as to how the City could possibly prevent this type of "bootlegging" in the future, wherein Council Member Plummer expressed her concerns. Council Member Sansone suggested that staff investigate the feasibility of initiating a "severe" penalty for "bootleg- construction," equal to the value that said construction has added to the subject property, and that said penalty be paid for by the seller of the property. Mayor Pro Tem Hart indicated that she agreed with the idea of imposing a penalty for "bootleg- construction," and suggested this subject be reviewed at a future study session. Mayor Pro Tem Hart also stated that she will be supporting the motion, inasmuch as the illegal construction was caused by the previous owner and not the new property owner who just purchased the home. x I The motion was voted on and carried. Volume 42 - Page 54 1143 COUNCIL MEMBERS \A • February 22, 1988 3. Mayor Cox opened the public hearing and City Council review of: TRAFFIC STUDY - A request of CSL NEWPORTER LTD., Beverly Hills, to approve a traffic study in conjunction with the construction of a banquet /meeting room on the NEWPORTER RESORT HOTEL property; and the acceptance of an Environmental Document; W 51 USE PERMIT NO. 3161 (AMENDED) - A request of CSL NEWPORTER, LTD., Beverly Hills, (unanimously approved by the Planning Commission at its meeting of January 21, 1988), to amend a previously- approved use permit which allowed the construction of additions and improvements to the NEWPORTER RESORT HOTEL, located at 1107 Jamboree Road; zoned "Unclassified." The proposed amendment includes a request to construct a new banquet /meeting room on a portion of the site which is currently used for off - street parking, the construction of a laundry facility and a 180± sq. ft. addition to the "net public area" of the existing Duke's Lounge. The proposal also includes a request to reduce the number of previously required parking spaces that were approved in conjunction with a demonstrated parking formula; the construction of a new access drive and circular drop -off adjacent to Back Bay Drive; and the approval of a modification to the Zoning Code so as to allow the use of additional compact and tandem parking spaces in conjunction with a valet parking service. Report from the Planning Department, was presented. An addendum to the above report, together with an overall site plan parking tabulation, was presented. The staff report was summarized, wherein the various components of the improvement plan were outlined as follows: a. Banquet meeting room containing 8,000 sq. ft. of assembly area and 3,100 sq. ft. of related storage. Volume 42 - Page 55 Trf Study CSL Nwprtr U/P 3161(A) (88) COUNCIL MEMBERS Al 111 1111 !111 ii, 111i ii February 22, 1988 " b. Addition to Duke's Lounge of 180 sq. ft. of net public area. C. Construction of 2500 sq. ft. of laundry facilities'located • adjacent to Jamboree Road. It was also pointed out on the site plan, that the applicant is proposing to construct a new access drive and circular drop -off area adjacent to Back Bay Drive. It was further noted that the current facility provides 745 parking spaces, and if each of the uses located on the site, plus the proposed additions, (independent as the City's Code stipulates) it would require 845 parking spaces; in essence, 100 parking spaces short of code. With regard to the Traffic Study, it indicated that the intersection of Jamboree Road and East Bluff Drive /Ford Road did not meet the requirements of the Traffic Phasing Ordinance; however, revised mitigation `. is proposed by the applicant as enumerated in the addendum to the staff report. ' Council Member Strauss stated that the Newporter Resort has been a long -time resident of the City and certainly a desirable hotel in which to stay; however, he does have two concerns, i.e., parking (100 parking spaces short) and traffic. He stated that the traffic congestion at the intersection of Pacific Coast Highway and Jamboree Road is extremely heavy; that in many instances he has had to wait through three to four green traffic lights to get to Pacific Coast Highway, and he was very surprised this issue was not a factor in the findings of the Traffic Study completed for this project. Discussion ensued, wherein the staff responded to Mayor Pro Tem Hart's inquiries, advising that many of her concerns were addressed in various conditions of approval. David Neish, Urban Assists, Inc., representing the applicant, addressed the Council and stated that they have spent a great deal of time with the staff regarding the concerns expressed by Council Member Strauss and Mayor Pro Tem. Hart, i.e., parking, traffic, Volume 42 - Page 56 U/P 3161(A) COUNCIL MEMBERS C-1 • Motion • x t February 22, 1988 drainage, etc. He commented that the Newporter Resort may incur parking problems only three to four nights a year, due to some type of special event; however, they are aware of these scheduled functions, and for these reasons they have a number of off -site parking agreements with other parties. He stated that the two busiest months for the hotel are June and December due to proms, etc., and holiday catering. He stated that the Newporter Resort is one of the busiest hotels on weekends; however, that is not the case during the week. He stated that the purpose of the request under consideration is to provide adequate meeting facilities in order that they can compete with the other hotels in the City. Regarding the concern of drainage, he stated that they have had extensive discussions with the City Engineer, and as a result, the lower parking lot will be totally regraded and restriped, etc., and the mayor components of the drainage system will be placed underground. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that he has made a number of traffic studies in Costa Mesa and Newport Beach and felt that timing of the signals was the problem, and not the number of cars on the road. He also discussed the traffic congestion problem at Jamboree Road and Pacific Coast Highway. He further stated that he has attended auto shows at the Newporter Resort where parking is off -site and patrons are bussed to the central location due to the hotel's unusual parking situation. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission and approve Use Permit No. 3161 and its related Traffic Study and Environmental Impact Report. Mayor Pro Tem Hart suggested a sentence be added to Condition No. 12 to read as follows: "An underground storm drain shall be installed across as much of the parking lot as possible, to the satisfaction of the City Engineer." Volume 42 - Page 57 /P 3161(A) COUNCIL MEMBERS ,A Motion All Ayes • Ix February 22, 1988 Council Member Strauss, maker of the motion, accepted the foregoing and included it in his motion. The motion, as amended, was voted on and carried. E. PUBLIC COMMENTS: 1. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed an item which had been considered by the Planning Commsision at their last meeting, and the Interpretation of codes by City staff. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on March 14, 1988: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Resolution No. 88 -14 establishing rules and regulations for Beach Volleyball. (Report from Parks, Beaches and Recreation Superintendent) (d) Resolution No. 88 -15 incorporating all 2 -hour parking restrictions in the City, and rescinding Resolution Nos. 5616, 6642, 7138, 7521, 7544, 7583, 7665, 7681, 9058, 85 -17 and 88 -7. (Report from Public Works /Traffic Engineering) (e) Resolution No. 88 -16 establishing a parking meter zone for the new Cannery Village Parking Lot and setting the meter fees for the lot and the new on- street parking; and rescinding Resolution No. 87 -150. (Report from Public Works /Traffic Engineering. 1 1 1 1 1 Volume 42 - Page 58 ty Codes Res 88 -14 (62) Pkg Rstrctn 2 -hr Res 88 -15 (63) Cannery Vlg Pkg Lt /Mtr Zone Res 88 -16 (63) • • COUNCIL MEMBERS AG y C® At I February 22, 1988 3. CONTRACTS /AGREEMENTS: (a) Approve the plans and specifications for the Mariners Mile Storm Drains (Pacific Coast Highway Crossings); authorize the Mayor and City Clerk to execute a Cooperative Agreement with County Sanitation Districts of Orange County; and affirm the need for nighttime construction in Pacific Coast Highway for portions of the overall project. (Report from Public Works Department) (b) Approve participations in the dredging project (portions of Harbor below Pacific Coast Highway Bridge) with the Orange County Harbors, Beaches and Parks District; authorize executions of an Agreement with the Orange County Harbors, Beaches and Parks District for the subject project; direct staff to prepare a budget amendment of $100,000 for same; and authorize staff to negotiate change -order with Dutra Dredging Company for the project. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works for report back, correspondence from Newport Heights Community Association, Science Faculty of the Newport Mesa Unified School District, and Environmental Nature Center regarding the City's proposed plan for improving Avon Street. (b) To Public Works for response, petition containing approximately 280 signatures from noise- impacted concerned residents regarding proposed sound attenuation wall; and correspondence from Carl W. Mumm expressing the fact that the wall would amplify the traffic noise for those residents living in Newport Shores. (c) To Marine Department for response, letter from Lance Jencks complaining about the potential danger to the beach environment as a result of jet ski activity on the Newport Peninsula Beach area. Volume 42 - Page 59. Mariners Mi Strm Drns/ PCH Crag C -2581 (38) Drdg / C- 2483(I) (38) PW /Avon St (74)' (74) (51) Shrs Dpt COUNCIL MEMBERS \�A • ' • : - I „1Il rif February 22, 1988 (d) To Building Department for Bldg Dpt inclusion in the records, letter (Y6) from Donald Patton commending the City and employee John Burckle for their professionalism and cooperation. (e) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and �(36) confirmation of the City Clerk's referral to the claims adjuster: (a) Judith M. Caruthers alleging Caruthers personal injuries as a result of traffic collision at Delhi Channel on Irvine Avenue between Mesa Dr. & Orchard on October 9, 1987. (b) Luvena W. Hayton alleging damage to personal property as a result of sewer backup into toilet, etc., at 235 Poppy Avenue on January 24, 1988. (c) Joanne Johnston alleging damages as a result of Residential Building Record Report completed by City Code Enforcement Officer at 405 Feliz Street on October 27, 1987. (d) Stephen R. Kelly alleging damage to tire rim as a result of hitting large pothole in street at Irvine Boulevard in front of golf course on December 16, 1987. (e) Maryellen K. Kingsley alleging personal injuries as a result of fall on newly installed sidewalk near intersection of Poinsettia Street and alley entrance to Post Office on Second Street on January. 27, 1988. (f) Ricky Miller alleging personal injuries as a result of incident with Police Department on January 24, 1988. (g) Joe Swift alleging his vehicle was hit by City sewer pump truck while parked at 501 E. Balboa Boulevard on February 5, 1988. Volume 42 - Page 60 Swift COUNCIL MEMBERS s n A"Mi, 111 U February 22, 1988 MINUTES (36) Van Le State Farm (66) (h) Ruth M. Walsh alleging personal injuries as a result of trip and fall on sidewalk at entrance to Gelson's Market from Pacific View Drive on December 21, 1987. • (i) Margaret Willson alleging damage to property as a result of sewer backup at 239 Poppy Avenue on January 24, 1988. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Ranh Van Le for personal injuries and damages, etc., Orange County Superior Court, Case No. 534413. Claim was denied by City Council on March 26, 1987. (b) Gary Hill for personal injuries and damages as a result of traffic accident with City truck, Orange County Municipal Court, Case No. 89437. (c) State Farm Mutual Insurance Company for property damage as a result of traffic accident with City street sweeper, Orange County Municipal • Court, Case No. 88600. Claim was denied by City Council on August 10, 1987. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Utilities Specialist II, Wastewater Division. (b) One Utilities Supervisor, Wastewater Division. (c) Two Police Officers, Patrol Division. (d) One Secretary, Public Works Department. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Removed from the Consent Calendar. Volume 42 - Page 61 (36) Van Le State Farm (66) COUNCIL MEMBERS CG y ®t � � di • • • FER"TaYTTA MINUTES February 22, 1988 10. PUBLIC HEARING SCHEDULING: March 14, 1988 - (a) Removed from the Consent Calendar. (b) APPEAL APPLICATION FOR MODIFICATION Mod 3352 NO. 3352 - By Lynne Valentine (94) regarding permit for fence and gate at 106 Garnet, Balboa Island, from denial by Planning Commission on January 21, 1988. March 28, 1988 - (c) CONSTRUCTION OF CURBS AND GUTTERS ON 22ND STREET BETWEEN TUSTIN AND IRVINE AVENUES - Direct the staff to use the procedure of Chapter 27 of the Improvement Act of 1911 to complete construction of said curbs and gutters; and hear protests from anyone who does not desire these Improvements. (Report from Public Works Department) (d) RIGHT -OF -WAY ACQUISITION.- Authorize the notification of impacted property owners that the City will hold a public hearing to consider the adoption of a Resolution of Necessity to acquire certain real property needed for the Widening of Pacific Coast Highway in the vicinity of the northerly side of Pacific Coast Highway, east and west of Bayside Drive. (Report from Public Works Department) 11. Removed from the Consent Calendar. 12. ENCROACHMENT PERMIT - RESUBDIVISION NO. 724 - Approve issuance of an encroachment permit for construction of new nonstandard improvements along the Edgewater Place frontage; approve a modification to the encroachment agreement approved by the City Council on January _13, 1986 with the Fun Zone Ltd., to construct nonstandard street improvements along Edgewater Place, Palm Street, Washington Street and Bay Avenue Rights -of -Way around the Fun Zone Development; and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works Department) Volume 42 - Page 62 22nd St (74) PCH Widng/ No. PCH/ E. Bayside (73) Resub 724 (84) COUNCIL MEMBERS ,w\��G\ • • 411,111, •' �R February 22, 1988 13. UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN Upr Npt Bay/ TRAIL (CONTRACT NO. 2435) - Accept the Bic /Egstrn work; and authorize the City Clerk to Trail file a Notice of Completion and release C -2435 the bonds 35 days after the Notice of (38) Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 14. TRAFFIC SIGNAL INSTALLATION - Approve Trf Signal. the plans and specifications for traffic Instltn/ signal installation at Newport Center Npt Ctr & and San Miguel Drives (Contract No. SMiguel 2684); and authorize the City Clerk to C -2684 advertise for bids to be opened on March (38) 15, 1988 at 11:00 a.m. (Report from Public Works Department) 15. CLIFF DRIVE PARK (CONTRACT NO. 2534) - Cliff Dr Accept the work completed as required by Prk the subject contract and authorize the C -2534 City Clerk to file a Notice of (38) Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with the applicable sections of the Civil Code. (Report from the Recreation Superintendent) 16. OUTRIGGER CANOES SEASONAL OUTDOOR IMUA Outrgr STORAGE - Uphold staff's recommendation Cnoe Strg to approve request for seasonal storage of (62) Outrigger Canoes at North Star Beach presented by the INUA OUTRIGGER CANOE CLUB, subject to conditions listed in the staff report. (Report from Recreation Superintendent) 17. BUDGET AMENDMENTS - For approval: (25) BA -063, $15,000 - Transfer in Budget Appropriations for Computer Room airconditioner; Data Processing Fund. BA -064, $1,647 - Increase in Budget Appropriations and Revenue Estimates for donations to the Library; Library Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance amending the Newport JOrd 88 -6 Beach Municipal Code regarding amateur Zoning/R. radio antennas was presented with report JAntennaa from the Planning Department. (94) Volume 42 - Page 63 COUNCIL MEMBERS CITY OF NEWPORT BEACH Motion x Ayes x x x x x x Abstain x • February 22, 1988 Council Member Sansone vacated his seat at this time due to a possible conflict of interest. The City Clerk advised that after the agenda was printed, two letters had been received in opposition to the proposed ordinance from Anita Boyd, resident, and Helen Lautt of Village Way Management. The City Attorney reported that this ordinance was placed on the agenda due to recent FCC ruling, which has had the effect of preempting local regulation of amateur radio broadcasting facilities, unless a city or county ordinance meets certain criteria. The ordinance has to be based upon ligitimate health, esthetic, or safety considerations and the regulations have to reasonably accommodate needs of amateur radio operators, and the regulations have to be the least intrusive means available to the City to accomplish the purposes behind the regulations. The City Attorney advised that a public hearing will be held on the subject ordinance on March 14, and this date would be the proper time for public testimony. Motion was made to introduce, pass to second reading and schedule for public hearing on March 14, 1987, proposed ORDINANCE NO. 88 -6, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.77 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING AMATEUR RADIO ANTENNAS [PLANNING COMMISSION AMENDMENT NO. 627]. Council Member Sansone resumed his seat at this time. Zoning/ Rdio Antena 2. Report to the City Manager regarding Plan ACTIONS TAKEN BY THE PLANNING COMMISSION (68) ON FEBRUARY 4, 1988, and a copy of the PLANNING COMMISSION AGENDA FOR ITS REGULAR MEETING OF FEBRUARY 18, 1988, was presented. Volume 42 - Page 64 CITY OF NEWPORT BEACH COUNCIL MEMBERS y c� s •`G9 �G 4p ®f 9 '1-r � 9G � on, I rA� � �� �� February 22, 1988 MINUTES --- - -- I ea�a��ro Motion x Motion was made to schedule public U/P 3086(A) All Ayes hearing on March 14, 1988, for Use 3290 Permit No. 3086(A) on property at 2901 W.C. Highway [John Dominus]; and Use Permit No. 3290 [Muffin Shop] on property at 3431 Via Oporto, • Suite 100 D. `Motion x Motion was made to schedule public PCA 661 All Ayes hearing for March 28, 1988, on Planning Commission Amendment No. 661 amending Title 20 of the Newport Beach Municipal Code regarding Outdoor Sales /Display of Merchandise. Motion x Motion was made to receive and file the All Ayes remaining items contained in the subject report. 3. Report from the Planning Department was presented recommending public hearing scheduling on March 14, 1988, for the following: PLANNING COMMISSION AMENDMENT NO. PCA 658 658 - A request of STROCK (94) ARCHITECTS, INC., Newport Beach, to amend the NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT STANDARDS so as to establish provisions which would allow structures located within a portion of INDUSTRIAL SITE 3A to be constructed in excess of the 35 ft. height limit up to a maximum of 50 ft., subject to the approval of a use permit. Property located at 3600, 3610 and 3620 Birch Street. The proposal also includes the acceptance of an Environmental Document. Motion x Motion was made to schedule Use Permit U/P 3308 All Ayes No. 3308 for public hearing on March 14, 1988, in connection with the foregoing [PCA 658). 4. Proposed resolution confirming review of Personnel the City's Personnel Policy and (66) Procedures Manual, and adopting same; and rescinding Resolution No. 85 -71, dated September 9, 1985, was presented with memorandum from Personnel Director. The City Manager explained the subject document incorporates all previous personnel policies, as amended by the recently negotiated memorandums of • understanding with the various employee associations last July. He referenced a typographical error on page 35, stating Volume 42 - Page 65 COUNCIL MEMBERS 40 x CITY OF NEWPORT BEACH MINUTES February 22, 1988 that New Year's Day should be inserted as one of the days on the City's holiday list. He also advised that the proposed resolution does not contain any items which have not had previous Council approval. Motion was made to adopt Resolution No. 88 -13. 5. Report from Planning Department regarding PROPOSED GENERAL PLAN AMENDMENT NO. 88 -1, recommending sustaining the action of the Planning Commission to initiate a General Plan Amendment for the following sites, was presented: Westbay - A request of The Irvine Company to amend the Land Use and Recreation and Open Space Elements of the General Plan and Local Coastal Program, Land Use Plan so as to change the land use designation of the Westbay site from a mixture of "Low- Density Residential" and "Recreational and Environmental Open Space" to "Recreational and Environmental Open Space;" City Corporation Yard - A proposal of the City of Newport Beach to amend the Land Use Element of the General Plan, adding a specific area description for the City Corporation Yard (currently designated for "Governmental, Educational and Institutional Facilities ") so as to allow a refuse recycling /transfer station on the site; Newport Harbor Art Museum - A request of the Newport Harbor Art Museum to amend the Land Use Element of the General Plan so as to change the land use designation of ten acres at the northwesterly corner of East Coast Highway and MacArthur Boulevard from "Retail and Service Commercial" to "Governmental, Educational and Institutional Facilities" in order to allow construction of a new art museum; 3010 and 3012 West Balboa Boulevard - Request of Daniel Ralsky and Arthur L. Bauman to amend the Land Use Element of the General Plan and the Local Coastal Program, Land Use Volume 42 - Page 66 Res 88 -13 GPA 88 -1 (45) COUNCIL Motion Ayes Motion All Ayes • C, " \0¢ A x CITY OF NEWPORT BEACH February 22, 1988 Plan so as to change the land use designation from "Two- Family Residential" to "Retail and Service Commercial." Also to be considered is a request of staff to expand the area of consideration to include the property located at 3008 West Balboa Boulevard, the single remaining residentially- designated site fronting on West Balboa Boulevard in the subject block; and Northwest Corner of West Balboa Boulevard and 15th Street - A request of The Gen Group to amend the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan so as to change the land use designation from "Retail and Service Commercial" to "Multi- Family Residential." The City Manager referenced the property at the Northwest Corner of West Balboa Boulevard and 15th Street, and advised that the owner of the site [The Gen Group] has requested it be deleted from this General Plan Amendment. In view of the foregoing, motion was made to approve the staff's recommendation with the deletion of the above - mentioned site. GPA 88 -1 6. Proposed resolution establishing 'Park In -Lieu $612,833 as the cost per acre to be used Dedctn Fee in assessing in -lieu park dedication (68) fees, was presented with report from the Planning Department. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and apologized as he had requested removal of the agenda item from the Consent Calendar in error. Motion was made to adopt Resolution No. Res 88 -12 88 -12. 7. Letter from Mr. and Mrs. Caryl Oranges, PB &R Cmsn/ and letter signed by Mr. and Mrs. K. P. Sdwlk Ocean Wallace and John K. Lake, concerned over Blvd the proposed sidewalk on the park area (62) in the vicinity of 2901 Ocean Boulevard, Corona del Mar, was presented. John Lake, 2919 Ocean Boulevard, addressed the Council and advised that he had not seen a drawing of the proposed pathway and questioned its exact location. Volume 42 - Page 67 COUNCIL MEMBERS i Motion All Ayes ion Ayes Motion All Ayes 0 X x CITY OF NEWPORT BEACH x u' February 22, 1988 The City Manager advised that the proposed project is being considered by the Parks, Beaches and Recreation Commission, and that a hearing will be held on the matter in the near future. He advised that he would see to it that Mr. Lake was notified of said hearing. Motion was made to refer the subject letters to the Parks, Beaches and Recreation Commission for review. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -3, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DESIGNATING ON- STREET PARKING METER ZONES IN CANNERY VILLAGE, was presented for second reading, with report dated February 8, 1988, from Public Works /Traffic Engineering. The City Manager advised that the parking rate for the meters in the subject area would be set at 25C per hour. Motion was made to adopt Ordinance No. 88 -3. 2. Proposed ORDINANCE NO. 88 -4, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING THE CANNERY VILLAGE SPECIAL PARKING DISTRICT AND SPECIFYING THE USE OF ALL PARKING METER REVENUES FROM WITHIN THE DISTRICT, was presented for second reading, with report dated February 8, 1988, from Public Works /Traffic Engineering. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and expressed his concerns with regard to the subject ordinance. Motion was made to adopt Ordinance No. 88 -4. Volume 42 - Page 68 88 -3 Mtr Zns/ leery Vlg (63) 88 -4 ery Vlg Pkg COUNCIL MEMBERS Motion All Ayes • Motion All Ayes • x CITY OF NEWPORT BEACH l'TUE 111 February 22, 1988 3. Proposed ORDINANCE NO. 88 -5, being, Ord 88 -5 Bus Lic/ AN ORDINANCE OF THE CITY COUNCIL OF Cmcl Flm THE CITY OF NEWPORT BEACH AMENDING Prdctn SECTION 5.46.010 OF THE NEWPORT (27) BEACH MUNICIPAL CODE PERTAINING TO REGULATION OF COMMERCIAL FILM PRODUCTION ON PUBLIC PROPERTY, was presented for second reading, with report dated February 8, 1988, from Business License Supervisor. Motion was made to adopt Ordinance No. 88 -5. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works regarding ENCROACHMENT APPLICATION FROM JANET CURCI WALSH TO ENCROACH 3 FEET INTO PUBLIC RIGHT -OF -WAY AT 808 SOUTH BAYFRONT, BALBOA ISLAND WITH 22 INCH HIGH RAISED PATIO AND RAILING 3 FEET 4 INCHES ABOVE SIDEWALK, was presented. In response to question raised by Council Member Maurer regarding possible interference with the bulkhead tiebacks, the Public Works Director advised that possible interference could occur; however, he felt it was not of great consequence, compared to the other problems associated with the need to work on the bulkheads and bulkhead tiebacks. He stated he felt the Council's decision on this item should focus on the issue of the encroachment permit and the City's policies and practices with respect to said encroachment permit, and not on the bulkhead tiebacks. Motion was made to approve the application subject to the Execution of an agreement for nonstandard improvements; an Encroachment Permit from the Public Works Department; establishment of front property corners by a licensed surveyor; and a Building Permit from the Building Department. Volume 42 - Page 69 Permit /Encr Curci (65) COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH February 22, 1988 2. Report from Public Works Department regarding BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (CONTRACT NO. 2525), was presented. The City Manager summarized the staff report, noting that on October 26, 1987, the City awarded Contract No. 2525 to Gateway Landscape Construction, Inc. for $387,500. In their bid proposal, Gateway listed Sam -Cal Corporation as their subcontractor for bid item No. 16, chemical grouting. Gateway is now asking the City for permission to substitute Pressure Grout Company as their subcontractor. The reason for their request is Sam -Cal's failure to execute a subcontract with Gateway. If a substitute of subcontractor is approved, the cost to the City would remain the same as the bid by the general contractor. In response to Council inquiry, the Public Works Director stated that the technical qualifications of both subcontractors in question, appear to be acceptable. Denis A. O'Mahoney, Attorney representing Gateway Landscape Construction Co., addressed the Council and stated that he has submitted to the City two sworn statements from the Vice President of Gateway, and from his prime contractor for other portions of the proposed work. He explained that his client initially prepared a bid of $3.50 per gallon as quoted by subcontractor Pressure Grout; however, the morning the bid was due, Gateway received a telephone call from Sam -Cal Corp., advising he could provide the grout at $3.00 per gallon, and based on that information, his client changed his bid to reflect Sam -Cal as the subcontractor at the $3.00 per gallon bid price. Subsequently, Sam -Cal has "reneged" on the bid and is now quoting $4.25 per gallon. If the substitution is permitted, it would allow the original subcontractor, Pressure Grout, to replace Sam -Cal and perform at the same price as originally bid. The project has an estimated completion date of March 25, and his client is already seven days behind in the grouting. If his client cannot proceed almost immediately, he felt there was going to be considerable inconvenience to some of Volume 42 - Page 70 Bal Is Blkhd Rpr /Wtrs Wy C -2525 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 6s, February 22, 1988 Volume 42 - Page 71 Is Blkhd Wtrs Wy the residents on Balboa Island. He, therefore, requested the Council adopt the recommendation of the Public Works Director and allow the substitution of the subcontractor. • Warren J. Ruegg of Sam -Cal Corp., addressed the Council and stated that he initially bid the job at $4.75 per gallon; that he did talk with Gateway prior to bid time and advised them that he was aware of the $3.50 per gallon price "on the streets," but he felt it was being submitted by a firm who never worked in this coastal area and that it simply was not a responsible bid. He stated that he dropped his price to $4.25 in order to help Gateway, and that he also submitted bids to the other general contractors who bid the same job at a price of $4.00 to $4.25 per gallon. He stated that if he is allowed to provide the grouting, he felt he could speed up the job through his own measuring devices; however, due to preparation of contract_ documents, which would take 7 to 10 days, he could not perform the job as specified unless he put in less material than what is really required. He suggested this item be • "pulled out" of the original bid, and rebid and awarded to an experienced and legitimate contractor. Discussion ensued, wherein the Public Works Director stated that his staff has no concerns or reservations as to the qualifications of Sam -Cal Corp., and they are familiar with their performance. Pertaining to the suggestion of Mr. Ruegg to eliminate the chemical grouting from the contract at this time and bidding the work separately, he felt it was physically possible; however, he would consider it to be undesirable as he felt there was not sufficient justification at this point, apart from the contractural ' relationship the City has already entered into. Therefore, he would like to see the complete project, including the grouting completed in as expeditious a fashion as possible. He also stated that if the grouting were bid separately, it would be time - consuming to prepare new contract documents, and felt it could be legally questionable to • delete the work from the existing contract. Volume 42 - Page 71 Is Blkhd Wtrs Wy COUNCIL MEMBERS • Motion • All Ayes • x NQU February 22, 1988 In response to Council Member Turner, the Public Works Director stated that the alternative subcontractor is qualified and his staff is knowledgeable of their work in similar projects. He also answered questions regarding the various methods of injecting chemical grouting. Jerry Sullivan, Vice - President of Gateway Landscape Construction, addressed the Council and stated that he wanted to clarify the issue regarding their company being accused of "bid shopping." He stated this was not true, and if they are allowed to use the substitute subcontractor, Pressure Grout, it will cost Gateway $8,500 more because they did use the bid of Sam -Cal at $3.00 per gallon. He also stated that one of the other bidders for the subject work listed Pressure Grout as their sub at the $3.50 bid price, which was the same price given to them prior to bid time when Sam -Cal Corp. called and advised them of their $3.00 per gallon bid price. Hearing no others wishing to address the Council, motion was made to allow the substitution of subcontractor. Discussion ensued, wherein it was pointed out by Council Member Sansone that the City states the estimate of each Public Works job on the front of the bid documents, and questioned the staff if this was a legal requirement. The Public Works Director replied that it has been the practice of the City to make its estimates known to any party that wishes to inquire as to what the Engineer's estimate on the project is. When plans and specifications are submitted to the Council for approval and authorization to advertise for bids, that report includes the statement of the Engineer's estimate. The City Attorney advised that there are no legal provisions requiring the City to publicly state the Engineer's estimate in the bid documents. The motion on the floor was voted on and carried. Meeting adjourned at 9:55 p.m. Volume 42 - Page 72 Is Blkhd Wtrs Wy COUNCIL MEMBERS y � 4..I CITY OF NEWPORT BEACH MINUTES February 22, 1988 The agenda for this meeting was posted on Thursday, February 18, 1988 at 10:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 42 - Page 73 I