HomeMy WebLinkAbout01/09/1989 - Regular MeetingCA
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REGULAR
COUNCIL
MEETING
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PLACE:
Council
Chambers
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DATE:
JanuaryM9,
1989
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A. ROLL CALL.
MINUTES
B. Reading of Minutes of Meeting of
December 12, 1988, was waived, approved
as written, and ordered filed.
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 Strauss opened the public hearing U/P 3195(A)
and City Council review of USE PERMIT (88)
NO. 3195 (AMENDED), a request of CIRCA
DESIGNS, Laguna Beach, approved by the
Planning Commission on December 8, 1988,
to amend a previously approved use
permit which allowed a lobby expansion
of an existing hotel and permitted said
hotel to be operated as a bed and
breakfast facility, including the
service of a continental breakfast and
alcoholic beverages to hotel guests; on
property located at 2306 West Ocean
Front, adjacent to the Newport Pier
parking lot in McFadden Square, zoned
SP -6. The proposed amendment involves a
request to further expand the bed and
breakfast lobby and to establish a cafe
dining area with alcoholic beverages for
hotel guests and the general public.
Report from the Planning Department, was
presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Piero Serra of the
Portofino Beach Hotel, advising that due
to their revised plans for the proposed
cafe, they would like their project
referred back to the Planning
Commission for reevaluation.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to refer the subject
item back to the Planning Commission as
requested by the applicant.
2. Mayor Strauss opened the public hearing Vacation/
regarding VACATION AND ABANDONMENT OF AN Abandm
EASEMENT FOR SEWER PURPOSES AT 2600 EAST Sewer Esm
COAST HIGHWAY, CROSSING LOT 18, BLOCK 732, (90)
CORONA DEL MAR TRACT (RESUBDIVISION N0.
792).
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Report from the Public Works Department,
was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution
No. 89 -1, ordering the vacation and
abandonment of an easement for sewer
purposes; and direct the City Clerk to
have the subject resolution recorded.
3. Mayor Strauss opened the public hearing
regarding awarding OFFICIAL POLICE TOW
TRUCK SERVICES FOR 2 -YEAR PERIOD.
Report from Business License Supervisor,
was presented.
Wayne Miller, President of G & W
Towing, Inc., addressed the Council and
stated he was available for questions.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Motion was made to award contract to
G & W Towing Company for Official Police
Tow Truck Services for 2 -year period.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on January 23,
1989 -
(a) Proposed ORDINANCE NO. 89 -1, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTIONS 5.28.010 AND 5.28.041 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO REGULATIONS FOR
ENTERTAINMENT ESTABLISHMENTS.
(Report from Assistant City
Attorney)
Volume 43 - Page 2
89 -1
Ofcl Police
Tow Trk Sry
G & W
C -2148
(38)
Entertainm
Estb /Bus
License
(27)
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MEMBERS
'N January 9, 1989
Schedule for public hearing on
January 23, 1989 -
MINUTES
(b) Proposed ORDINANCE NO. 89 -2, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
NEWPORT BEACH MUNICIPAL CODE
SECTIONS 14.12.180, 14.12.190 AND
14.12.200 PERTAINING TO WATER
RATES, CHARGES AND DEPOSITS.
(Report from the Utilities
Director)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -2 establishing a
fee for an appeal pertaining to
AMATEUR RADIO ANTENNA PERMITS.
(Report from Assistant City
Attorney)
3. CONTRACTS /AGREEMENTS:
(a) Approve amendment to the ANNEXATION
AGREEMENT TO ORANGE COUNTY WATER
DISTRICT (CONTRACT NO. 2570) to
allow the district an additional
two months to compute the
annexation fee. (Report from the
Utilities Director)
(b) Award REHABILITATE LINCOLN SCHOOL
ATHLETIC FACILITIES (CONTRACT NO.
2658) to Valley Crest Landscape,
Inc., of Santa Ana in the amount of
$600,603.25; and authorize the
Mayor and City Clerk to execute
said contract. (Report from Public
Works Department)
(c) Authorize the Mayor and City Clerk
to execute the SETTLEMENT AND
BOUNDARY LINE AGREEMENT PERTAINING
TO NORTHERN BOUNDARY OF OXBOW LOOP.
(Report from Utilities Director and
Assistant City Attorney)
(d) Approve the award of a contract for
BUILDING MAINTENANCE SERVICES FOR
THE CITY HALL COMPLEX, COUNCIL
CHAMBERS AND THE PROFESSIONAL AND
TECHNICAL BUILDING to the Ed
Building Maintenance Company at a
cost of $3,871.93 per month.
(Report from General Services
Director)
Volume 43 - Page 3
(89)
Rates
Amateur
Antna
Res 89 -2
(40)
Wtr Dist
n Agm/
C -2570
(38)
Lincoln Sch
Rehab /Athlc
Facilities
C -2658
(38)
Oxbow Loop
Stlmt /Bndry
Line Agm
C -2728
(38)
Bldg Mntnc
CtyHI /Cncl
Ch /PrfSTech
Bldgs
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4. COMMUNICATIONS - For referral as
indicated:
(a) To Planning Department /Code Planning
Enforcement for response, letter of (68)
health hazard complaint from Victor H.
Jashinski regarding the Stuft
Noodle Restaurant.
(b) To Public Works Department for
response, protest from Eileen L.
Rapp, owner of property at 2108 W.
Oceanfront, regarding the City's
"Petition and Waiver for Proposed
Special Assessment District -
McFadden Square;" letters from Bill
Schonlau, representing West Newport
Beach Association, and Newport
Harbor Area Chamber of Commerce,
expressing their endorsement for the
McFadden Square Assessment
District; letters of December 6 and
27 from David M. Fogle, Controller
of the Old Spaghetti Factory
suggesting that the improvements be
accomplished by funds generated by
the present property tax base.
(c) To Public Works /Traffic Engineering
for response, letter of complaint
from Norman N. Tillner regarding
the traffic flow through the gate
opening near 3901 Pacific Coast
Highway and Hazel Drive.
(d) To Parks, Beaches & Recreation
Commission for consideration,
letters from Bill Schonlau,
representing West Newport Beach
Association, and Dayna Pettit,
representing Balboa Peninsula Point
Association, with suggestions
similar to Central Newport Beach
Community Association in their
letter of November 28, 1988 for
10:00 p.m. beach closure; enforce
regulations against overnight beach
sleeping; widening the "litter free
zone;" Balboa Boulevard & Pacific
Coast Highway beautification.
(74)
62)
(e) To staff for response, letters from Emergency
Balboa Peninsula Point Association and isaster Plu
Balboa Island Improvement (28)
Association requesting workable
disaster plan for.the City.
Volume 43 - Page 4
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CITY OF NEWPORT BEACH
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January 9, 1989
(f) To Police Department /Traffic
Division for reply, letter from
Wright Gary regarding a car
blocking his driveway at 1018 East
Balboa Boulevard on September 5,
1988.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from League of
California Cities to Norton
Younglove, Chairman, South Coast
Air Quality Management District
regarding quality of environment
within the SCA basin.
(b) Copy of letter to Tidelands
Administrator from Ronald P.
Merickel regarding revision to 316,
318 and 320 Buena Vista Pier and
Float.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Bonnie L. Gibson alleging her Gibso
vehicle towed in error at 1500 W.
Balboa Blvd., on May 10, 1988;
seeking reimbursement for towing
and storage fee of $78.50.
(b) Charles C. Hogan alleging personal Hogan
injuries as a result of trip and
fall on sidewalk at 321 Marguerite
Avenue on October 28, 1988.
(c) Charles A. Reml.ey alleging damage Remley
to vehicle as a result of street
signs at Island Avenue and Balboa
Boulevard falling onto his car due
to high winds on December 8, 1988.
(d) Wendy Ann Robinson alleging
personal injuries as a result of
being involved in pedestrian/
vehicle collision at intersection
of Balboa Boulevard and 18th
Street.
(e) Nicholas Sell, a minor, alleging
personal injuries as a result of
falling into open fire pit on
Corona del Mar State Beach on
August 29, 1988, thereby causing
second and third degree burns to
back and left arm.
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(f) Nicholas Shoup, by guardian Litem Shoup
Terry Shoup, alleging personal
injuries as a result of coming into
contact with burning material from
fire ring at Little Corona Beach on
July 8, 1988.
(g) Jerry W. Silkebakken alleging
damage to 503 Avenida Lucia as a
result of work done at 505 Avenida
Lucia in April, 1988, stating City
Building Department in violation of
its duties in not inspecting
claimant's premises, etc.
Silkebakken
(h) Fred Sotomayer alleging damage to Sotomayer
window at 720 Heliotrope on
December 7, 1988, as a result of
ball being hit over fence from Grant
Howald Park.
(i) Nan Wright alleging personal Wright
injuries as a result of accident at
intersection of Pacific Coast
Highway and Superior on October 10,
1988, with City truck.
(j) Yosemite Ins. Co. for Robert S. Yosemite
Browning alleging damage to vehicle Ins /Browning
on November 30, 1988, as a result
of accident with City truck on
Newport Boulevard.
7. SUMMONS AND COMPLAINTS - For denial and �(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Eleanor K. Kingsley for personal lKinglsey
injuries, Orange County Superior
Court, Case No. 565610. Claim was
denied by City Council on February
22, 1988.
8. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City
Manager)
(a) One Buyer, Finance Department.
(b) One Refuse Worker I, General
Services Department.
(c) One Senior Account Clerk, Finance
Department.
(d) One Street Maintenance Supervisor,
General Services.
(e) One Storekeeper I, Purchasing and
Warehousing Division.
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9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from Parks, Beaches &
Recreation recommending offer to
donate the "CHINA HOUSE" REMNANTS
FOR PUBLIC USE be referred to the
Arts Commission.
(b) Removed from the Consent Calendar.
(c) Memorandum from the Board of
Library Trustees regarding BUILDING
OF A NEW CENTRAL LIBRARY FOR THE
CITY.
(d) Report from City Attorney regarding
POPPY STREET TREES.
10. PUBLIC HEARING SCHEDULING:
None.
11. HARBOR PERMIT APPLICATION I1225 -1602 -
Approve application by Ed Wiseman to
revise residential pier and float
bayward of 1602 South Bay Front, subject
to conditions of approval listed in the
staff report. (Report from Marine
Department)
12. SIDEWALK, CURB AND GUTTER REPLACEMENT IN
HARBOR HIGHLANDS (CONTRACT NO. 2501) -
Accept the work; authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after
recordation in accordance with
applicable portions of the Civil Code.
(Report from Public Works Department)
13. AVON STREET STORM DRAIN IMPROVEMENT
(CONTRACT NO. 2717) - Accept the work;
authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after recordation in
accordance with applicable portions of
the Civil Code. (Report from Public
Works Department)
14. 1988 -89 STREET SLURRY SEAL PROGRAM
(CONTRACT NO. 2709) - Accept the work;
authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after recordation in
accordance with applicable portions of
the Civil Code. (Report from Public
Works Department)
Volume 43 - Page 7
(62)
Library
(50)
Poppy St
Trees /PB &R
(62)
Harbor Perm
Apli#225-
1602
(51)
Harbor Hghl
Sdwlk /Crb
Rplcm
C -2501
(38)
Avon St Strm
Drn Impry
C -2717
(38)
°88 -89 St
Slurry S1
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INDEX
15. RESUBDIVISION NO. 862 - Approve a Resub 862
subdivision agreement guaranteeing (84)
completion of the public improvements at
2919 Cliff Drive, required with
Resubdivision No. 862; and authorize the
Mayor and City Clerk to execute subject
agreement. (Report from Public Works
Department)
16. RESUBDIVISION NO. 869 - Accept the offer Resub 869
of dedication of a 10 -foot radius corner (84)
cutoff on the southwesterly corner of
Goldenrod Avenue and Second Avenue (441
Goldenrod Avenue). (Report from Public
Works Department)
17. CONSTRUCT REFUSE TRANSFER STATION Refuse Tsfr
(CONTRACT NO. 2723) - Approve the plans Station
and specifications; and authorize the C -2723
City Clerk to advertise for bids to be (38)
opened at 11:00 a.m. on February 15,
1989. (Report from Public Works and
General Service Departments)
18. ELECTRICAL SERVICE AT NEWPORT PIER /GRANT Easement/
OF EASEMENT TO SOUTHERN CALIFORNIA Npt Pier
EDISON COMPANY - Authorize the Mayor and (73)
City Clerk to execute a Grant of
Easement to the Southern California
Edison Company. (Report from Public
Works Department)
19. BUDGET AMENDMENTS - For approval: (25)
BA -034, $1,250 - Increase in Budget
Appropriations to provide for Commercial.
Refrigerator at Oasis Center; Oasis
Rental Reserve Fund. (Report from PB &R
Parks, Beaches & Recreation Director) (62)
BA -035 - Refer to agenda item J -2 (not
approved).
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Parks, Beaches & Recreation PB &R
recommending that the City not pursue (62)
acquisition of UNION STATION ON BALBOA
ISLAND, was presented.
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Council Member Watt indicated her
support to pursue acquisition of the
subject parcel, regardless of the
$600,000 estimated purchase price; and
therefore, made a motion to recommend
that the Parks, Beaches and Recreation
Commission actively continue to pursue
the feasibility of acquiring the Union
Station property on Balboa Island.
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H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 88 -47, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.44.125, COMMERCIAL
IN LIEU PARKING FEES,
was presented for second reading with
report from Planning Department.
It was noted that the subject ordinance
had been prepared at the recommendation
of the Off- Street Parking Committee, and
that the Planning Commission, at their
meeting of December 8, 1988, recommended
that the Council consider discontinuing
the sale of in lieu parking spaces.
It was also pointed out by the City
Manager that until this item is resolved
and the ordinance adopted, staff is
withholding the issuance of the 1989
in -lieu parking permits.
Following discussion, motion was made to
defer action on this item to February
13, 1989, so that the existing permit
holders can be notified of the proposed
ordinance changes.
The City Attorney stated that to be
consistent with the Local Coastal Plan,
the language in Item B -(3) be changed to
read:
"All fees collected pursuant to
this ordinance shall be used for
purposes of improving public
parking, and parking facilities."
The City Attorney stated said change
shall also be reflected in Paragraph 6.
Council Member Turner amended his motion
to include the above change, and
reintroduced the ordinance as revised.
In view of the subject item not coming
back to the Council for second reading
and adoption until February 13, 1989,
the staff was directed to proceed with
the issuance of the 218 in lieu 1989
parking permits.
Council Member Sansone indicated he
would hope that when this matter is
being reviewed, consideration will be
given to the "small" operators in the
Balboa area where inequities exist due
Volume 43 - Page 9
Ord 88 -47
Fees /In Lieu
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to "grandfathering," and who would be
impacted by the proposed increase in
fees.
With regard to the annual in lieu
parking fee for 1989, the City Attorney
suggested the amount proposed in the
ordinance be changed from $225 to $150,
which is the current rate being charged,
to which there were no objections.
Council Member Cox requested that staff
determine, if possible, how many
properties should be paying for in lieu
parking permits, but are not, because of
"grandfathering," etc.
The motion, as made and amended by
Council Member Turner, was voted on and
carried.
I. CONTINUED BUSINESS:
1. APPLICATION OF NANCY FOSTER to construct
20 -inch high raised patio and 16 -inch
high fence on top of patio, all
encroaching 2.5 feet into the public
right -of -way adjacent to 229 Opal
Avenue, was presented.
Report from Public Works Department,
together with recycled report dated
November 28, 1988, was presented.
The City Manager advised that the
applicant had requested this item be
continued to January 23, 1989, so that
she can be in attendance.
In view of the foregoing, motion was
made to defer action on this matter to
January 23, 1989, as requested.
2. APPOINTMENTS BY THE CITY COUNCIL TO THE
CITIZENS ADVISORY COMMITTEES for a
one -year term expiring December 31, 1989
(appointed by Council upon
recommendation of each Council Member).
Recycled report from City Clerk, dated
December 12, 1988, regarding ANNUAL
ADVISORY COMMITTEE APPOINTMENTS, was
presented for Council only.
ionI I I Ix I I Motion was made to confirm the following
Ayes I+ appointments (deferred from December 12,
1988):
Volume 43 - Page 10
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Bicycle Trails Citizens Advisory
Committee
(District 1) Mayor Strauss's
remaining appointment to remain
vacant.
(District 2) Mayor Pro Tem
Plummer's appointment of
Tom Newman.
(District 5) Council Member Watt's
appointment of Sally Crow.
Environmental Quality Affairs
Citizens Advisory Committee
(District 7) Council Member Cox's
appointment of Margie Pantzar.
3. APPOINTMENTS BY MAYOR TO AVIATION Cncl Ad Hoc
COMMITTEE (deferred from 12/12/88 Aviation
agenda). (mtP
Motion was made to confirm the following
appointment:
Jim Pistole, Alternate to
Homeowners Asssociation
Representative Pete Drummond.
Alternate to Homeowners Association
Representative Ralph Kroenert,
deferred to January 23, 1989.
4. APPOINTMENT BY MAYOR TO ORANGE COUNTY �O /C Sanitn
SANITATION DISTRICT #5. Dist #5
Letter from Thomas L. Woodruff, Attorney (54)
for Orange County Sanitation District
regarding alternate to Council
Member /Director on Sanitation District
#5.
Motion was made to appoint Council
Member Evelyn Hart, Alternate to Council
Member Cox.
J. CURRENT BUSINESS:
1. Report from Parks, Beaches E Recreation IPB&R
Director regarding WEST BAY REGIONAL West Bay
PARK, was presented. Regnl Prk
(62)
The City Manager reviewed the background
connected with this Issue, noting that
since the preparation of the August 22,
1988 report, it has been discovered that
the North Star Beach restriction was
placed at the time of the acquisition of
Upper Bay, and to receive the County's
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s
interest to it, may require State
legislation, or State Lands Division
approval, and as a result, the County
has indicated that they are not
supportive of deeding their interest in
the North Star Beach property to the
City.
Council Member Turner commented that he
had contacted Supervisor Riley's office
last week to get an update on this
issue, and learned that the geotechnical
report for West Bay Park was not totally
acceptable to the County, and they have
concerns as to some of the items
contained in that document. He has
requested a copy of the geotechnical
report, as well as the memorandum from
the Environmental Management Agency to
the Board of Supervisors. He stated
when the time is appropriate, he will.
recommend that the Council transfer the
West Bay Park property concurrent with
the property owned by The Irvine
Company. It is understood that the
Master Plan of Development will be
reviewed and approved by the Council
before the transfer is required.
Mr. John Miller, resident, addressed the
Council and received clarification of
the item under consideration.
In view of the foregoing comments,
motion was made to eliminate the
requirement, as approved by the City
Council on August 22, 1988, that the
County of Orange deed to the City of
Newport Beach their interest in North
Star Beach, which is co -owned with the
City.
2. Report from Public Works Department
regarding LIFEGUARD HEADQUARTERS REMODEL
AND CONSTRUCT NEW RESTROOM AT NEWPORT
PIER (CONTRACT NO. 2721), was presented.
The City Clerk advised that just prior
to this meeting, a letter was received
from I.D.C. Construction, low bidder for
the project, stating that due to their
inability to provide the City with
adequate payment and performance bonds,
they are requesting withdrawal of their
proposal for the subject project.
The Public Works Director recommended
that the request of I.D.C. Construction
to withdraw their bid proposal be
accepted, and recommendation No. 1 of
the staff report be revised accordingly.
Volume 43 - Page 12
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The Public Works Director, in reviewing
the staff report, noted that the project
includes major remodeling; rehabilita-
tion; the addition of 900 sq. ft. to the
Lifeguard Headquarters building; and
construction of a new restroom building
at Newport Pier to replace the existing
facility. He explained the exhibits on
display, which depicted the current
restroom location, the proposed
relocation, and the site for the
Lifeguard Headquarters. The bids
received for the work are approximately
48% over the architect's estimate; and
in order to save a significant amount of
money on the project, staff feels the
concept would have to be revised. The
estimated cost of the restroom is
between $750,000 and $800,000, and the
high cost is due to its large size,
location on the beach berm, pile
foundations and substantial concrete
construction. The restroom facility is
in a location 'vulnerable" to the sea
and has been designed accordingly. If
the restroom was relocated behind the
Lifeguard Headquarters on a dry area,
the estimated cost would be $325,000,
but that location was given serious
consideration by the Council last year,
and ultimately rejected. If the
existing restroom were to be completely
rehabilitated and improved in
appearance, the estimated cost would be
$200,000.
The City Manager pointed out that, if
the existing restroom remains at its
present location, and is refurbished,
then the Specific Area Plan for McFadden
Square would have to be amended,
inasmuch as it specifies that the
existing restroom shall be demolished
and relocated.
In response to question raised by Mayor
Pro Tem Plummer regarding funding, the
City Manager advised that 59% of the
property owners in the area of McFadden
Square have signed petitions requesting
the proposed additional plaza improve-
ments, and at a subsequent Council
meeting, those petitions will be
analyzed to determine if an assessment
district can be formed for the improve-
ments.
Following further comments, motion was
made to reject all bids for this
project, and direct the staff to
readvertise for bids for the Lifeguard
Headquarters.
Volume 43 - Page 13
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In response to Council inquiry, it was
noted that if the contract was awarded
as recommended, completion is estimated
for late July, and if delayed, the
project would not commence until the
fall.
There being no objections, and at the
suggestion of Council Member Turner,
Council Member Hart amended her motion
to include redesign of the restroom
facility and readvertisememt of bids.
William Schonlau, 408 E. Ocean Front,
addressed the Council and stated that
the location of the restroom facility is
of great concern to the merchants in
McFadden Square area, and if the
restroom is not moved "out of" the plaza
area, it could be a determining factor
As to whether an assessment district is
formed. He stated that even though the
cost for the restroom is higher than
anticipated, the options are severely
limited. He also pointed out that the
property owners supporting the proposed
assessment district are willing to
contribute $800,000, with the City
contributing approximately $300,000
towards plaza improvements. He felt it
would be a shame for the assessment
district to "go down" because of the
inability of the City to not come up
with the additional funding needed to
construct the restroom at the proposed
relocated site.
William Blurock, property owner in the
McFadden Square area, and architect,
addressed the Council and suggested this
item be deferred for two to four weeks
so that the Public Works Department
could develop a change order which could
reduce the cost of the project from
$100,000 to $150,000. He felt that if
the project were redesigned and rebid,
the costs would be higher due to the
current "rising market." He also
indicated his desire to construct the
new restroom facility at the proposed
location and not move it to a dry land
area.
Al Willinger, contractor recommended for
the project by the Public Works
Department, addressed the Council and
stated he was confident that a change
order could be negotiated in the range
of $150,000 to $200,000 without
interfering with the basic concept of
the project, and he would be willing to
Volume 43 - Page 14
eguard
MINUTES
0 9A
`\(s�A A January 9, 1989
(�,D �Op
Volume 43 - Page 15
work with the staff towards that goal.
Lifeguard
He also discussed some of the items he
Hq /Rstrm
felt could be substituted. with
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alternative materials in order to reduce
costs, and stated he could prepare a
list for the staff to review.
In view of the foregoing comments, it
was suggested by the City Attorney that
the Council consider accepting the
letter of withdrawal from I.D.C.
Construction; deferring the award of the
contract at this time; and direct staff
to review a possible change order which
would reduce the cost of the new
restroom, with a report back at the
earliest date.
Mr. Willinger indicated he was in
agreement with the above recommendation.
The Public Works Director pointed out
with respect to the change order, that
the amount of changes would be on the
order of 10% of the contract and those
kind of changes can be legally provided
within the terms of the contract. He
also noted that delay of the award of
this contract will result in summer
construction.
John W. Kilker, Executive Vice President
of I.D.C. Construction, addressed the
Council and stated that the reason they
withdrew their bid was the inability to
self -bond as of this date, and that an
extension would not be permitted by the
City, which was the only reason for his
letter of withdrawal. He stated he felt
that all bidders should be given the
opportunity to submit a list of items
which could reduce the cost of the
contract; and therefore, requested that
his letter of withdrawal not be
considered.
Sid Soffer, 900 Arbor Street, Costa
Mesa, property owner in McFadden Square,
addressed the Council and suggested the
Council reject all bids and immediately
readvertise for bids. He also commented
that when he purchased his property in
the area some 30 years ago, McFadden
Square was designed as a "blighted"
area, and in the interim, very little
improvements have been made on the part
of the City. He stated he would not
like to see the proposed assessment
Volume 43 - Page 15
CITY OF NEWPORT BEACH
�c
�\�'��� January 9, 1989
0
Ayes
Noes Ix Ix I xi xIx 'I x
40
MINUTES
district "fall through the cracks" after
so much time and effort has been put
forth.
Hearing no other comments the motion
made by Council Member Hart, as amended,
was restated as follows:
1) Reject all bids for the contract.
2) Staff to report back in 30 days on
three alternatives as follows:
(a) Remodel existing restroom at
its present location;
(b) Revise plans for proposed
location on the beach berm
westerly of the pier at a
reduced cost; and
(c) Relocate restroom on dry land
area behind Lifeguard
Headquarters.
Included in the motion was the option to
bidders that proposals may be submitted
individually for each project, or
combined, and that staff report back at
the earliest possible date.
Council Member Plummer spoke against the
motion, indicating she felt that new
bids will come in just as high, or
possibly higher in cost.
X The motion was voted on and carried.
Meeting adjourned at 9:45 p.m.
ATTEST:
ty
The agenda for this meeting was
posted on January 5, 1989, at
8:15 a.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
Mayor
Volume 43 - Page 16
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