HomeMy WebLinkAbout09/24/1990 - Regular MeetingL
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CITY OF NEWPORT BEACH
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: September 24, 1990
Mayor Plummer, and Wendell Fish, Chairman of the
SISTER CITY COMMITTEE, welcomed six
representatives from Okazaki, Japan, and
presented them with Newport Beach city pins. Mr.
Tsunenori Saeki„ of the OKAZAKI CITY COUNCIL,
responded with appropriate remarks.
Mayor Plummer presented a PROCLAMATION TO ROLAND
MANSFIELD, BOARD MEMBER, in recognition of THE
DAYLE MCINTOSH CENTER FOR THE DISABLED.
Mayor Plummer declared the week of OCTOBER 1 - Sr
1990, AS CALIFORNIA- RIDESHARE WEEK.
A. ROLL CALL..
B. Reading of Minutes of Meeting of
September 10, 1990, was waived, approved as
written, and ordered filed.
C. 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 Plummer opened the public hearing and
City Council review on Appeal of ANDRADE
ARCHITECTS, from the action taken by the
Planning Commission on August 9, 1990 to
deny USE PERMIT NO. 3388, a request to
permit the construction of a 12 unit bed
and breakfast facility and related off -
street parking on property located in the
"Retail and Service Commercial" area of the
Cannery Village /McFadden Square Specific
Plan Area which exceeds the 26 foot basic
height limit in the 26/35 Foot Height
Limitation District. The proposal also
includes the acceptance of an Environmental
Document. Property is located at 2005 -2009
West Balboa Boulevard, Lots 10 -13, Block
120, Section A, on the southwesterly side
of West Balboa Boulevard between McFadden
Square and 20th Street;
UA f7
VARIANCE Fro. 1170, a request to permit the
construction of a 12 unit bed and breakfast
facility and related off- street parking, on
property located in the "Retail and Service
Commercial." area of the Cannery
Village/McFadden Square Specific Plan Area,
which exceeds the allowable Base Floor Area
Ratio of 0.5.
Report from the Planning Department.
Appeal application from Andrade Architects.
Volume 44 - Page 315
170
3388
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CITY OF NEWPORT BEACH
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September 24, 1990
It was noted in the staff report that it
was the determination of a majority of the
Planning Commissioners that the proposed
building bulk would intensify the area; and
that the project was not designed to
provide increased public visual open space
on the ground floor adjacent to a public
right -of -way; and therefore, the reason for
denial by the Commission. Reference was
also made to Page 11 of the subject report,
which sets forth the applicable development
standards and the major design
characteristics of the proposed project.
Stan Andrade, Architect for the project,
addressed the Council and stated they felt
the bed and breakfast would be a reasonable
application for a variance because it is
not considered a high - volume use, such as
a restaurant, cleaners, etc., and
therefore, would have a low impact on
traffic. With respect to the height, they
did not feel they would gain that much in
the way of a view from the second story,
and is the reason for the proposed third
level. The second story was also a very
negative impact as far as the noise was
concerned. They attempted to design the
structure the best they could with respect
to minimizing the bulk.
Council Member Strauss entered the meeting at
this time (7:28 p.m.) and took his seat at the
Council table.
Rick Lawrence, applicant, addressed the
Council and stated they were open to any
suggestions regarding the proposed project.
He noted, that without asking for a
variance, they could have designed the
building going to the property line which
would have made it a wall to wall
structure, and still staying within the 26
foot height limit, but he felt that was not
a good idea. He felt the proposed
development will be an asset to the City
and attract a high -grade clientele if a
third story is approved. He also noted
that on the second floor level, all you can
see are the backs of buildings, and hear
the noise from Balboa Boulevard.
The Planning Director stated that pursuant
to the regulations set forth in the
Municipal Code, the proposed subject use is
permitted to go to a higher floor area
ratio because the traffic generating
characteristics for this use are usually
relatively low. He explained the concerns
expressed at the Planning Commission
Volume 44 - Page 316
/P 3388
1170
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
September 24, 3.990
MINUTES
Volume 44 - Page 317
hearing relative to this request as set
U/P 3388
forth in the staff report and Planning
Variance
Commission minutes.
1170
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Discussion ensued, wherein the architect
and applicant answered questions regarding
floor area ratio, access from the alley,
elevations, parking, dedication of
additional right -of -way for pedestrian
purposes, the eight- foot -high brick wall
along Balboa Boulevard, and public visual
open space.
Irwin Galvin, property owner of 2003 Balboa
Boulevard, addressed the Council and stated
that neither the applicant, nor his
architect. has contacted him regarding the
proposed project. He stated he does not
object to the bed and breakfast use;
however, he is concerned about the proposed
parking area and the eight -foot wall along
Balboa Boulevard, which he felt could
create a traffic hazard at the intersection
of 20th Street and Balboa Boulevard.
Tom Hyans, President, Central Newport Beach
Community Association, addressed the
Council and indicated they are concerned
with the "scale" of the proposed project,
and felt the Council should be conservative
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in considering this application relative to
intensification of use and impact on the
residential area.
William Schonlau, 4809 "A" Seashore Drive,
Meta Morrison, 2212 W. Ocean Front, and Ray
Smith, owner of property in the area,
appeared in support of the proposed
project.
Douglas Boyd, President, Balboa Peninsula
Point Association, addressed the Council
and stated when they appeared before the
Planning Commission, they were concerned as
to the impact the development might have on
the intersection of Balboa Boulevard and
Newport Boulevard, and the traffic
circulation at West Balboa Boulevard and
20th Street; however, since it is now their
understanding that all the access from the
building will be off the alley, that has
taken care of their primary concern. He
stated that speaking for himself, he would
like to see semi - subterranean parking
depressed at least four feet to reduce some
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of the bulk.
Hearing no others.wishing to address the
Council, the public hearing was closed.
Volume 44 - Page 317
Motion
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Motion
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CITY OF NEWPORT BEACH
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September 24, 1990
Motion was made to sustain the decision of
the Planning Commission and deny Use Permit
No. 3388 and Variance No. 1170, based on
the Findings and Conditions designated as
Exhibit "B" in the staff report.
Substitute motion was made to refer this
matter back to the Planning Commission with
the request they review the height,
setbacks, width of sidewalk, proposed
eight -foot wall on Balboa Boulevard, and
possible subterranean parking.
The applicant indicated he had no objection
to the Council referring this item back to
the Planning Commission.
The substitute motion was voted on and
carried.
2. Mayor Plummer opened the public hearing and
City Council review of a request by MARTHA
AND ROBERT DURKEE regarding USE PERMIT NO.
3386, a request to permit the construction
of a combined commercial /residential
development on property located at 500 West
Balboa Boulevard, on the northwesterly
corner of: Island Avenue and West Balboa
Boulevard, Lots 20 -22, Block 3, East
Newport Tract, on the Balboa Peninsula in
the C -1 District which is currently
developed with an existing commercial
building;
Uub
USE PERMIT NO. 1862 (AMENDED), a request to
amend a previously approved use permit
which permitted the expansion of an
existing coin- operated laundry facility and
which included on off -Bite parking
agreement which required that a minimum of
four parking spaces, portions of five other
parking spaces and related access be
provided on a portion of the subject
property which the applicant is now
proposing to redevelop. The proposed
amendment involves a request to delete
three of the previously required off -site
parking spaces and the related parking
access which were previously required to be
provided on the subject property. The
proposal also includes a modification to
the Zoning Code so as to allow a proposed
parking space to encroach 10 feet into the
required 10 foot rear yard setback adjacent
to a 10 foot wide alley;
OM
Volume 44 - Page 318
3386
(88)
/P 1862(A)
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CITY OF NEWPORT BEACH
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September 24, 1.990
VARIANCE NO. 1171, a request to waive three
of the previously offstreet parking spaces
for an existing commercial building on
property located in the C -1 District.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was received
from Donald Insley regarding the subject
proposal.
In summarizing the staff report, it was
noted as follows:
"The approved combined
commercial /residential complex
located on the northwesterly corner
of Island Avenue and West Balboa
Boulevard complies with all of the
development standards set forth in
Title 20 of the Municipal Code.
However, the subject development will
create a deficit in the existing
parking for the adjacent commercial
uses on the westerly portion of the
property. The approved plans
recommended by the Planning
Commission provided that the proposed
parking maintain the required 10 foot
rear yard setback along the alley.
Such an action results in a waiver of
4 of the 8 required parking spaces
for the existing laundromat and the
601 sq. ft. office use on the second
floor of the site. The applicants
had. requested a waiver of 3 parking
spaces and a modification to the
Zoning Code so as to allow one of the
required parking spaces to encroach
10 feet into the required 10 foot
rear yard setback adjacent to an
alley.
"Staff was concerned that waiving
parking in a commercial area where
inadequate parking already exists may
be detrimental to the neighborhood,
and could set a precedent for other
property owners of commercial
property who may desire additional
commercial space without providing
necessary parking. However, a
majority of the Commissioners at the
meeting made the determination that
many of the patrons that utilize the
laundromat walk to the establishment,
and that several of the offstreet
parking spaces are used by customers
of adjoining commercial properties."
Volume 44 - Page 319
Variance
1171
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Motion
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Council Member Strauss commented that he
had called this item up for review because
it was a split -vote by the Planning
Commission, with two members being absent,
but that after discussing the parking issue
with the architect for the applicant, he
has no further concerns and will make a
motion, at the appropriate time, for its
approval.
Martha Durkee, applicant, 20351 Orchard
Street, Santa Ana Heights, addressed the
Council in support of the request. She
reviewed the parking issue, and stated she
felt they have resolved all concerns of the
staff and Commission, including the removal
of the telephone pole along Island Avenue.
Dell M. Williams, Architect for the
applicant, 1501 Bonnie Doone Terrace,
addressed the Council and stated that the
telephone pole in question will be removed
pursuant to a Condition of Approval by the
Planning Commission. In addition, a new
sidewalk will be installed along the West
Balboa Boulevard and Island Avenue
frontages as required by Condition of
Approval No. 14.
Jim Crane, 323 Driftwood Road, addressed
the Council in favor of the proposed
project. He stated that he submitted a
petition at the Planning Commission hearing
from adjacent property owners in support of
the request, and he would urge its
approval.
Douglas Boyd, President, Balboa Peninsula
Point Association, addressed the Council
and stated that if there has been no change
in the original number of parking spaces,
the Association has no objections.
Hearing no other comments, the public
hearing was closed.
Motion was made to sustain the decision of
the Planning Commission, and approve the
subject request.
U/P 3386
Variance
1171 &
U/P 1862(A)
3. Mayor Plummer opened the public hearing Taxicab/
pursuant to Municipal Code Chapter 5.12.040 ISoCoast Cab
- Request of SOUTH COAST CAB COMPANY, to (27)
operate six (6) additional vehicles.
Report from the Business License
Supervisor.
Volume 44 - Page 320
MEMBERS
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Motion
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CITY OF NEWPORT BEACH
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September 24, 11990
It was noted in the staff report that the
applicant, South Coast Cab Company, has
been licensed to operate taxicabs in the
City since January of this year. The
Garden Grove based company is currently
licensed to operate three (3) taxicabs in
the City. An inspection of the six (6)
taxicabs was conducted by Newport Beach on
August 15 and found minor deficiencies with
some of the vehicles. All deficiencies for
each vehicle have since been corrected.
It was further pointed out that if the
proposed increase is approved, it will
bring the total of taxicabs operating in
Newport Beach to 138.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to uphold the
recommendation in the staff report
concerning request of South Coast Cab
Company, subject to conditions.
Mayor Plummer stated that, inasmuch as
there will now be 138 taxicabs operating in
the City, the staff should look into having
more taxicabs readily available to serve
the Peninsula Area.
The motion was voted on and carried.
4. Mayor Plummer opened the public hearing
regarding ASSESSMENT DISTRICT NO. 59
(MCFADDEN SQUARE) STREET IMPROVEMENTS,
CONTRACT NO. 2780.
Report from the Public Works Department.
The City Clerk advised that after the
agenda was printed, a letter was received
from William Bluerock, owner of Assessment
Parcel 49, in support of the proposed
Assessment District.
The Public Works Director stated that the
purpose of this public hearing is to
consider further proceedings for the
Assessment District for the improvements in
McFadden Plaza. The Council will be
considering public testimony and after
completing the hearing, will determine
whether or not to proceed with the
District. At the first public hearing,
petitions were received from property
owners representing 638 of the area in
support of forming the district. Written
Volume 44 - Page 321
Utilities/
Asmt Dist
59(McFadden
Sq Imprvms)
(89)
C -2780
(38)
CITY OF NEWPORT BEACH
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MINUTES
September 24, 1990
objections from property owners
utilities/
representing 25.388 of the area were also
Asmt Dist
received. Since that time there have been
59(McFadden
no further objections received to date.
Sq Imprvms
The components of this project include
decorative sidewalks, decorative street
lighting, and improvements to the McFadden
Plaza itself. The sidewalks and street
lights will be funded entirely by the
property owners, with the cost of the plaza
improvements to be funded 508 by the
property owners and 508 by the City. In
addition, the City is funding street and
drainage improvements and refurbishing the
parking lot. Bids have been received from
a qualified contractor and the breakdown is
as follows:
Assessment District Items - Property owner
Street lighting $ 158,090.00
Plaza Imprvms - (508 share) 248,933.80
Decorative sidewalk 94,357.13
Property owner Subtotal $ 501,380.93
Improvement Project Items - City
Street & Drainage Imprvms $1,109,536.07
Plaza Imprvms (508 share) 248.933.80
City Subtotal $1,358,469.88
Total Construction contract = $1,859,850.80
The Public Works Director added that the
low bid is 28 lower than the Engineer's
estimate and can be attributed to
competitive bidding. The low bidder, Damon
Construction Co., has successfully
completed contracts for the City in the
past.
Mackenzie Brown, Bond Counsel, in response
to question raised by Council Member
Sansone, stated that the bond market has
been going up due to world conditions and
is approximately 1/2 point higher (or 7.98)
than the last bond project approved for
Cannery village.
Sid Soffer, owner of 107 21st Place,
addressed the Council and stated he did not
object to the proposed Assessment District.
The following persons addressed the Council
in support of the Assessment District:
Robert Bergstrom, owner of 2208 W.
Ocean Front
Meta Morrison, owner of 2212 W. Ocean
Front
Frances Ursini; owner of 2010 W.
Ocean Front
Volume 44 - Page 322
CITY OF NEWPORT BEACH
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ROLL CALL
Motion
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Richard Lawrence, owner of 2005 -2007-
2011 W. Balboa Blvd.
Rush Hill, owner of s/w corner of
22nd Street and Balboa Blvd.
Ray Smith, owner of 110 -114 McFadden
Place
Mr. Orsini also recommended that the funds
generated from the parking meter fund at
McFadden Square be used for parking and /or
improvements in the area.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to proceed with the
establishment of the district and adopt the
following resolutions:
Resolution No. 90 -89 ordering certain
changes and modifications to the
Engineer's Report;
Resolution No. 90 -90 overruling and
denying protests and making certain
findings;
Resolution No. 90 -91 approving and
providing for contribution to pay
certain costs and expenses;
Resolution No. 90 -92 confirming the
assessment, ordering the improvements
made, together with appurtenances,
and, approving the Engineer's Report;
Resolution No. 90 -93 awarding the
contract for the construction of
certain public works improvement.
E. PUBLIC COMMENTS:
Sid Soffer, 900 Arbor Street, Costa Mesa,
addressed. the Council and reiterated his
desire that the funds generated from the
parking meter fund in McFadden Square be
used for parking, earthquake proofing of
old buildings in the Square, or
improvements in the area.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTIONS
None.
2. RESOLUTIONS FOR ADOPTION:
(a -e) Removed from the Consent Calendar.
Volume 44 - Page 323
90 -91
90 -92
90 -93
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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tAN September 24, 3.990
ROLL CALL INDEX
(f) Resolution No. 90 -99 declaring and Oasis Grdn
determining that based on estimates Plots
approved by the City Manager, the Res 90 -99
• work may be performed better and more -2773
economically by the City with its own (38)
forces for RELOCATING GARDEN PLOTS AT
OASIS (CONTRACT NO. 2773), and
purchasing the supplies and materials
on the open market; and reject all
bids for the project received August
29, 1990 for the project. (Report
from Public Works Department)
3. CONTRACTS /AGREEMENTS:
(a) Approve employee education contract oast Cmty
with the Coast Community College I ollege/
District /Golden West College) for the I olden West
period October 1, 1990 through ollege/
December 31, 1991, for AUTOMOTIVE 3enServAuto
TECHNOLOGY PROGRAMS. (Report from rech Prg
General Services Director) -2835
(38)
4. COMMUNICATIONS - For referral as indicated:
(a) To staff for response, letter from Planning
Carole Westman concerning A NATURAL (68)
WILDLIFE AREA.
(b) To staff for response, letter from Planning
Meehan Tracy in rebuttal to complaint (68)
of PORT THEATRE'S MIDNIGHT SCREENINGS
OF FILMS.
(c) To General services Department for S
reply, letter from Mrs. Maria G. Goen (44)
requesting reconsideration of
SATURDAY SUMMER TRASH PICKUP FOR THE
PENINSULA OCEAN FRONT /SUMMER RENTAL
UN31T AREA.
(d) To Planning Department for reply, Planning
letter from Carl Writer concerning (68)
OBSTRUCTION OF VIEW as a result of
storage racks installed on the Lido
Peninsula.
(e) To Finance Director for inclusion in inance
the records, communication from Gray (40)
Davis, Controller of the State of
California concerning COUNTIES /CITIES
APPORTIONED SUN OF REVENUE DERIVED
FROM HIGHWAY USERS TAXES.
(f) To Public Works Department for Slurry Seal
response, request- from Pavement 189 -90
Coatings Company to increase price of -2785
crude oil utilized while performing (38)
the 1989 -90 STREET MAINTENANCE AND
MISCELLANEOUS SLURRY SEAL PROGRAM,
(CONTRACT NO. 2785).
VOlume 44 - Page 324
OLL
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
September 24, 1990
MINUTES
(g) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letter from Consumer Advocate
Toni Davis concerning alleged
unethical and illegal BUSINESS
PRACTICES of mobile home park owners,
Vickie Talley and the orange County
Manufactured Housing Educational
Trust.
(b) Copy of letter from Gail K. Heaslet
concerning COMMUNITY CABLEVISION and
request that the City Council review
their contract.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Automobile Club of Southern Auto Club
California /Jack Paschall alleging So CA/
damage to vehicle as a result of Paschall
traffic accident with City vehicle on
May 16, 1990 at Bayside Drive and
Pacific Coast Highway.
(b) Douglas G. Burns alleging his vehicle (Burns
towed in error from 10th and Balboa
on August 31, 1990; seeking
reimbursement.
(c) Mae Ding for personal injuries
allegedly sustained as a result of
falling off her bicycle at
construction area near Pacific Coast
Highway between Jamboree and Bayside
Drive, while northbound, on March 14,
1990.
(d) Enterprise Rent a Car /Elco Enterprs
Administrative Services /Rebecca Rent a Car/
Goodman for damages alleging their Elco /Good-
employee (Goodman) was rearended by man
City vehicle on West Balboa Boulevard
on August 6, 1990.
(e) Flamingo Trailer Park /SherwyI Turbow Flamingo
for damages alleging broken sewer Trlr /Tur-
line /sewer line cleanouts as a result bow
of work being done by Silveri and
LeBouf while under contract to the
City.
Volume 44 - Page 325
CITY OF NEWPORT BEACH
September 24, 1.990
ROLL
MINUTES
(f) Chi -is Hoagland alleging his
Hoagland
sunglasses were run over by City
patrol jeep on beach at 48th Street
on September 10, 1990.
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(g) Laguna Beach County Water District
Laguna Bch
seeking indemnity from claim filed by
Cnty Wtr/
Wendy Ann Jansema-Deleo regarding
Jansema-
accident on Pacific Coast Highway,
Deleo
south of Cameo Shores on February 17,
1990.
(h) Amin Masri alleging his parked truck
Masri
on 30th street was hit by City Fire
Truck, on July. 28, 1990, thereby
causing damage to bumper.
(i) Rhonda Northcutt alleging vehicle
Northcutt
towed in error on May 15, 1990;
seeking reimbursement.
(j) Application for Permission to Present
Oswell
Late Claim of James Oswell for
personal injuries sustained while
working at John Wayne Airport on
improvements, on September 21, 1989.
(k) Michelle M. Patricio alleging
Patricio
personal injuries as a result of
bicycle accident at Pacific Coast
Highway and Bayside Drive on April 8,
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1990.
(1) Sea View Garden /Chien Chun Lin for
Sea View
property damage at 810 E., alleging
Grdn
Police Officer's patrol car crashed
into corner of his building while
making right turn from Balboa
Boulevard to small street alley
between Main and "A" Streets on
August 21, 1990. -
(m) Sue Stein, City employee, alleging
Stein
her parked car was damaged by
teenager on bicycle carrying
surfboard; seeking reimbursement of
$500 deductible on auto insurance
policy.
(n) Application for Permission to Present
Strain
Late Claim of Judy L. Strain for
personal injuries of spouse (James
Oswell) allegedly sustained while
working on the John Wayne Airport
improvements on September 21, 1989.
(o) Thomas Wise alleging City Jeep ran
Wise
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over him while on beach at 52nd
Street on August 22, 1990, causing
personal injuries.
Volume 44 - Page 326
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CITY OF NEWPORT BEACH
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September 24, 1990
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral
to the claims adjuster:
None.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City Manager)
(a) One Equipment Operator I, General
Services Department.
(b) One Librarian II, Library Department.
(c) One Building Maintenance Worker I,
Parks, Beaches and Recreation.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
None.
For Council information and filing:
None.
10. PUBLIC HEARING SCHEDULING:
None.
11. FINAL MAP OF TRACT NO. 14162 - A request of
CARNATION COVE, incorporating by reference
the Finding and Condition recommended by
the Planning Commission, to subdivide
portions of four existing lots and a
portion of an abandoned street into a
single lot for a six unit residential
condominium development on property located
in the MFR (2140) District. Property
includes portions of Lots 2, 4, 6 and 8,
Block 231, and a portion of an abandoned
street (Carnation Avenue) located at 2500
Seaview Avenue, on the northeasterly corner
of Seaview Avenue and Carnation Avenue in
Corona del Mar. (Report from Planning
Department)
12. HARBOR PERMIT APPLICATION NO. 175 -800 -
Uphold staff's recommendation to approve
the subject application by the Lido Isle
Community Association to revise and rebuild
the pier and float bayward of the street
end at Via Waziers, subject to conditions
listed in the staff report. (Report from
Marine Department)
Volume 44 - Page 327
(66)
162
1)
r Perm
175-
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CITY OF NEWPORT BEACH
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\�� G September 24, 3.990
13. SPECIAL EVENTS APPLICATION - Uphold staff's Bus Lic/
recommendation to approve the following Special
applications, subject to conditions listed Events
in the staff report. (Report from Business (27)
License :supervisor)
(a) Application No. 90 -357 - By Apl
Lorraine Rodarte for use of 357
amplified Sound at wedding,
1459 Galaxy Drive on October
13, 1990, from 7:00 to 10:00
p.m.
(b) Application No. 90 -358 - By Apl
Karen Atlas for use of public 358
beach for wedding at the
Wedge, Balboa Peninsula /Balboa
Boulevard on September 30,
1990 from 1:30 to 4:30 p.m.
(c) Application No. 90 -370 -
Removed from the Consent
Calendar
14. TRACT NO., 9676 - Approve the improvement
plans and specifications and accept the
public improvements constructed in
conjunction with Tract No. 9676 located at
1100 Jamboree Road (across from the
Newporter Inn); and authorize the City
Clerk to release the Faithful Performance
Bond (Bond No. SCR 7097414) and release the
Labor and Materials Bond (Bond No. SCR
7097414) in six months provided no claims
have been filed. (Report from Public Works
Department)
15. NEWPORT PIER AND BALBOA PIER REPAIR;
NEWPORT PIER BENCH AND HANDRAIL REPLACEMENT
(CONTRACT NO. 2805) - Approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened at
11:00 a.m., on October 11, 1990. (Report
from Public Works Department)
16. TRAFFIC SIGNALS AND SAFETY LIGHTING/
INTERSECTION OF PLACENTIA AVENUE AND 15TH
STREET AND TRAFFIC SIGNAL MODIFICATIONS AT
VARIOUS INTERSECTIONS (CONTRACT NO. 2770) -
Accept the work; and authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after the Notice
of Completion has been recorded in
accordance with applicable portions of the
Civil Code. (Report from Public Works
Department)
Volume 44 - Page 328
t 9676
Piers Rpr
-2805
(38)
rrfc Sgnls/
Sfty Lgt/
Placentia
S 15th
:-2770
(38)
C
OLL
•
•
Motion
is
x
CITY OF NEWPORT BEACH
MINUTES
IJWf September 24, 1990
17
BUDGET AMENDMENTS - For approval:
BA -008, $130,000 - Increase Budget
Appropriations and Decrease in
Unappropriated Surplus to provide for
construction of MCFADDEN SQUARE STREET
IMPROVEMENTS (CONTRACT NO. 2780); General
Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
(25)
1. Report from Business License Supervisor Bus Lic/
recommending approval, subject to Special
conditions in the staff report, for Special Events
Events Application No. 90 -370 - By Doctor (27)
Dream Records /D. Hansen for use of
amplified sound, Homeless Awareness
Concert, at Gazebo /Balboa Pier on September
30, 1990, from 3:00 to 6:00 p.m.
Council Member Hart stated she felt the
applicant is somewhat vague with regard to
the amplified sound portion of this event,
and due to lack of adequate information on
the application, she is inclined to move
its denial.
Staff reviewed Council Policy I -5, Use
Priorities and Fees for_. Facilities and
Ecuiomen:, and stated that the subject
application meets all the requirements set
forth in said policy. In addition, this
application has been reviewed and approved
by the Traffic Engineering Department and
the Police Department.
Council Member Hart stated that she has no
objection to collecting food and clothing
for less fortunate groups, but not knowing
who is going to do the collecting, etc.,
and the need for additional information,
she moved to deny the subject application.
The City Attorney advised that there have
been a number of legal decisions over the
past few years dealing with the right of a
City Council, or Board of Supervisors, in
denying applications similar to the one in
question.. He stated for the most part, the
courts have said that the City cannot make
decisions on events such as this, based
upon a concern that not all of the money
generated by the program will go to what is
intended. He felt that based upon the
evidence in the staff report, and in the
absence of additional information, the
Council could be on "shakey" legal ground
if they were to deny this application.
Volume 44 - Page 329
CITY OF NEWPORT BEACH
G,p2 9� ���,c,
CALL�� �� G September 24, 1990
•
Motion
Ayes
Abstain
•
X I x I x I x i x I x
MINUTES
The City Attorney further advised that he
will meet with the Business License
Supervisor in the near future to determine
if more information can be placed in the
application so that the Council will
actually know what these types of events
will entail, and the impact on the
community, etc.
In view of the foregoing, Council Member
Hart withdrew her motion to deny.
x I Motion was made to approve Special Events I ApI
x Application No. 90 -370, for the Homeless 370
Awareness Concert, subject to the
conditions listed in the staff report.
There being no objections, the staff was
requested to place Council Policy I -5 on a
future study session for review.
2. Letter from Dan Rabun with recommendations PB &R /Bonita
for use of activities at the BONITA CREEK JCrk Prk
"PARK" FACILITY, with response from Parks, Facility
Beaches and Recreation Director. (62)
Council Member Turner noted that the
recommended action on the agenda is to
refer this letter to the Parks, Beaches and
Recreation Commission for response, and in
so doing„ he would suggest they look into
the: 1) parking issue, 2) noise problem,
3) hours of operation, and 4) utilization
schedule..
Dan Rabun, 3130 Corte Hermosa, addressed
the Council regarding his concerns
expressed in the subject letter dated
September 14, 1990. He presented a tape
recording of. a Jr. All- American football
game held at Bonita Creek Park, and stated
that the noise level emanating from the
game exceeds 75 decibels at his window. He
stated he felt the noise and traffic
generated from these games constitutes a
nuisance and violation of the City's
Municipal. Code Section 10.50.005; that the
subject use is different than other uses in
the park, and suggested the City relocate
the football activity to another park
location. He also stated the noise
continues; from 9:00 a.m. to 10:00 p.m.
every Saturday, and on these days, there
are approximately 25 cars parked illegally
in the bicycle lane.
Volume 44 - Page 330
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
n� Z�� G�V• September 24, 1990
Motion
All Ayes
is
ion
Ayes
X
91
MINUTES
Motion was made to refer this item to the
Parks, Beaches and Recreation Commission
for report back on the four issues set
forth in the foregoing by Council Member
Turner.
3. Report from Public Works Department Utilities/
regarding proposed ASSESSMENT DISTRICT NO. IAsmt Dist
60, undergrounding utilities along W. Bay 60 /WBay Av
Avenue. (89)
Steve Titus, 1012 W. Bay Avenue, addressed
the Council and stated that he had just
received the report from the Public Works
Department prior to this meeting, and would
like to have this item continued until he
has had an opportunity to discuss the
matter with his neighbors.
The Public Works Director responded that
the five resolutions listed on the agenda
for adoption, are procedural steps in the
formation of the Assessment District, and
set the public hearing date for Tuesday,
November 13, 1990, at which time testimony
will be received from the proponents, as
well as the opponents to determine whether
or not to proceed with the District.
In view of the foregoing, motion was made
to adopt the following resolutions:
Resolution No. 90 -94 making findings
Olt petitions for UNDERGROUNDING
UTILITIES ALONG W. BAY AVENUE.
Resolution No. 90 -95 making
appointments in proposed ASSESSMENT
DISTRICT NO. 60.
Resolution No. 90 -96 adopting map
showing the boundaries of proposed
ASSESSMENT DISTRICT NO. 60.
Resolution No. 90 -97 declaring
intention and covering preliminary
determination to order the
construction of certain improvements
in proposed ASSESSMENT DISTRICT NO.
60; ordering the preparation of a
report describing the district to be
assessed to pay the costs and
expenses thereof; and providing for
the issuance of bonds.
Resolution No. 90 -98 passing on the
report of the engineer giving
preliminary approval for proposed
ASSESSMENT DISTRICT NO. 60; and
setting a public hearing for 7:00
p.m. on (Tuesday) November 13, 1990.
Volume 44 - Page 331
90 -94
90 -95
Ci1=11
90 -97
COUNCIL MEMI
GAF
ROLL CALL
•
0
CITY OF NEWPORT BEACH
MINUTES
September 24, 1990
H.
ORDINANC33S FOR ADOPTION:
None.
I.
CONTINUED BUSINESS:
1.
ARTS COMMISSION VACANCY.
Kym Young was assigned the
green light.
Roya Fouladi was assigned the red light.
Kym Yo was appointed
to fill the
unexpired term of Katherine
Delsack, ending
June 30, 1992.
J.
CURRENT BUSINESS:
None.
Meeting adjourned at 9:50 p.m.
��• x :r w w ,r * w w
The agenda for this meeting was posted on
September 19, 1990 at 8:20 a.m., on the
City Hall. Bulletin Board located outside of
the City of Newport Beach Administration
Building.
ATTEST:
City
Volume 44 - Page 332
Arts Cmsn