HomeMy WebLinkAbout10/26/1987 - Regular MeetingPrebTiit
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CITY OF NEWPORT BEACH
COUNCIL MEME
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: October 26, 1987
Mayor Cox presented a Proclamation
recognizing November, 1987, as United Way
Month; and received a Proclamation signed by
President Ronald Reagan, recognizing
Saturday, October 24, 1987, as United Nations
Day.
A. ROLL CALL.
B. Reading of the Minutes of Meeting of
October 12„ 1987, 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 tittles only.
D. HEARINGS:
1. Mayor Cox opened the continued public Cannery Vlg
hearing regarding the formation of Asmt Dist
PROPOSED ASSESSMENT DISTRICT 87 -1 87 -1
(CANNERY VILLAGE IMPROVEMENTS): 1(68)
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2. Continued public hearing regarding the IMcFadden
formation of PROPOSED ASSESSMENT Sq Asmt
DISTRICT 87 -3 (MCFADDEN SQUARE Dist 87 -3
IMPROVEMENTS); and selection of restroom (68)
alternative: for Newport Pier;
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3. PROPOSED PROJECT PRIORITIES.
1.
Reports from the Planning, and Public Works
Departments, were presented.
The City Council was advised that
additional correspondence was rieceived
after the agenda was printed from Eileen
Rapp, Ray and Charlott Jackson,] Cannery
Village Realty, and Garnet McCulloch.
The City Manager commented that this was
the fourth public hearing on the subject
project, and introduced Chris Gustin,
Senior Planner, Advanced Planning
Division, who offered the following
information from the staff report:
Assessment District 87 -1): The
improvement plans and cos
estimates for the Cannery Village
area include the repair of all
damaged and deteriorated curbs,
gutters, and sidewalks; the
installation of these facilities
where they currently do not exist;
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the installation of concrete alleys
where they currently do not exist
and the upgrading of the sewer
laterals in the reconstructed
alleys; the preparation of plans
and cost estimates for the
installation of streetlights; the
estimated cost of acquiring the
land at the southwest corner of
30th Street and Villa Way for a
public parking lot; and the
widening of the sidewalk along the
westerly side of Villa Way. In
regard to the repair of the damaged
and deteriorated curbs, gutters,
sidewalks, and streets, it is the
policy of the City, that all
repairs and improvements to
existing facilities is the
financial responsibility of the
City; and those cases where these
facilities do not exist, it is the
adjoining property owner that is
responsible for the installation
cost.
Staff suggests the necessary
repairs be performed at the sole
expense of the City, with the
installation of the new facilities
where they do not exist funded
pursuant to the provisions of
Chapter 27 of the Improvement Act
of 1911. This procedure has been
used successfully on several
occasions by the City, and is
currently being used to install the
necessary improvements on 31st
Street between Newport Boulevard
and Villa Way.
The necessary repair work in
Cannery Village is estimated at a
cost of approximately $327,749,
including a 20% contingency; the
cost of installing 268 parking
meters throughout the area
(including 47 meters in the
proposed public parking lot) is
estimated to be an additional
$61,104; the property owners' cost
for installing curbs, gutters, and
sidewalks, where they currently do
not exist, is estimated to be
approximately $102,834, including a
20% contingency. The areas where
these facilities need to be
installed include:
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Block 1: Northwest corner of
30th Street and Villa Way -
417 30th Street, 418 -430 30th
Street;
Block 2: 504 30th Street
Block 5: North side of 29th
Street between Newport Blvd.
and Villa Way; South Side of
29th Street between Newport
Blvd. and Villa Way;
Block 7: Villa Way between
28th and 29th Streets,
exclusive of City funded extra
width; and
Block 10: West side of Villa
Way between 28th Street and
the first alley.
Another component of the Specific
Area Plan Public Improvement
Component is the construction of a
public parking facility in Cannery
Village, and staff has been
negotiating with the property owner
for the acquisition of 5.5 lots at
the southwest corner of Villa Way and
30th Street to create a public parking
facility that will accommodate 47
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metered parking spaces. These
spaces will provide replacement
parking for the spaces lost as a
result of the restriping of Newport
Boulevard to provide a third
outbound travel lane, plus
additional capacity to meet the
existing shortage of parking in the
area. The estimated cost for
acquisition of the land is
approximately $1,000,000; the cost
of demolishing the existing
buildings and creating a surface
parking lot is estimated to be
$200,000; and the total estimated
cost is approximately $1.2 million.
There are two financing
alternatives for the parking
facility:
1) Involves using a portion of
the money available in the
Off- Street Parking Fund as a
down payment for the property,
with the revenues from the
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parking meters in the Cannery
Village area used to service
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the remaining debt (e.g., if
$500,000 were to be used as
the down payment, a balance of
$700,000 would remain, and
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over a five year term at an
interest rate of 7.25%, the
annual payment would be
$171,868); and
2) Involves the financing of the
entire $1.2 million over a ten
year period, with no down
payment (the anticipated
annual payments would be
approximately $191,500).
There are currently 58 meters
within the immediate vicinity of
Cannery Village, and it is proposed
that approximately 221 meters be
installed throughout the area in
conjunction with the various repair
and installation projects. The
proposed public parking facility
will accommodate 47 new spaces, for
a total of approximately 326
metered spaces in the area, with
sufficient revenue generated from
the existing and new parking meters
in the Cannery Village area to
support this debt service.
Villa Way sidewalk widening, would
involve widening the sidewalk along
the westerly side of the street
from 28th Street to 29th Street to
a width of eight feet, and to six
feet from 29th Street to 32nd
Street to create a pedestrian
walkway through the center of
Cannery Village. There are no
sidewalks between 28th and 29th
Streets, and the existing sidewalks
between 29th and 32nd Streets are
approximately 3k feet wide, which
does not provide sufficient width
for two people to walk
side -by -side. It should be
noted that this sidewalk widening
will not result in the loss of the
parking spaces along the easterly
side of Villa Way between 29th and
32nd Streets.
It is suggested that the sidewalk
widening be paid for by the City
because of the overall improvement
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to the area in terms of aesthetics
and pedestrian circulation and
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safety. It is also suggested that
the wide area at the corner of 32nd
Street and Villa Way be improved
with a small pedestrian oriented
area with landscaping and benches.
Where the sidewalks have not been
installed along the westerly side
of Villa Way between 28th and 29th
Streets, it is suggested that the
property owners be required to pay
for that portion of the sidewalk
cost equivalent to the installation
of a 5 foot wide sidewalk, with the
City paying the additional cost for
the wider sidewalk.
It is estimated that this project,
excluding the resurfacing of the
street and the installation of the
curbs;, gutters, and sidewalks where
they currently do not exist, (which
are included in the cost estimates
for the overall Cannery Village
Improvements) will cost
approximately $54,842 including a
20% contingency. This estimated cost
does not include any landscaping,
which would be a desirable
component of the widening project.
Two tree wells with steel grates
and trees could be installed in
each block, at an additional cost
of approximately $1,200 each, or an
additional $16,000 for a total of
$71,642.
With :regard to Cannery Village
streetlights, it is estimated that
46 streetlights would be adequate
to provide lighting in the Cannery
Village area to improve safety and
visibility at night. The street
lights suggested have a "turn of
the century" appearance and will
cost .approximately $2,500 each to
install. It is suggested that
petitions be distributed to the
property owners to determine if
there is support in the area to
establish a Streetlight District
pursuant to the Streetlight Act of
1919 to fund the installation of
the lights. Based upon
approximately 161 lots in the area,
and a projected cost of $115,000, a
rough estimate of the individual
assessment would be approximately
$715 per lot.
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With regard to Council's question as to,
when the staff could expect the
appraisal for the parking facility, Mr.
Gustin stated that it is expected any
day now from the City's appraiser.
Mayor Cox invited testimony from those
people in the audience on just the
Cannery Village project.
Jack Williamson, property owner on 31st
Street, addressed the Council, and asked
if those property owners on the south
side of 31st Street, Villa Way, and
Newport Boulevard, who have already paid
for putting in concrete alleys, will be
assessed for concreting alleys elsewhere
in Cannery Village.
The City Manager stated "no." The basic
premise is that once the work has been
done to City specifications and paid for
by the property owner, it is the City's
responsibility to repair and properly
maintain said areas, and those adjoining
property owners who have already been
aassessed and have paid for the
improvements will not be assessed again.
Mr. Williamson also asked if the City
has scheduled, and is to assume the
street repair on Newport Boulevard and
Villa Way on 31st Street.
The Public Works Director stated that
this is addressed in a later public
hearing on tonight's agenda, wherein
Council will be asked to authorize staff
to advertise for bids on the subject
project. lie further added that the City
will fund the repair and reconstruction
of the street, and the property owner
will be assessed only for the streets
and sidewalks that have not been
constructed.
Mr. Williamson remarked that he was one
happy and satisfied citizen regarding
the foregoing information.
Frank Trane, 2018 E. Bayfront,
representing St. James Church (owner of
the property identified as the Bank of
Newport) stated that they were opposed
to Assessment District 87 -1, and was not
familiar with the 1919 Streetlighting
Act.
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The City Manager explained that the
recommendation before the City Council
tonight, is to abandon the multi- purpose
district (87 -1), and then do the work
with a single- purpose district, under
the 1919 St:reetlighting Act, which
requires a petition with the majority of
resident's signatures in favor of the
formation of the assessment district.
Bob Roubian (owner of the Crab Cooker)
addressed the Council, stating that the
cries for parking have finally been met
with the new 47 car parking facility,
and he complimented staff and the
Council. 1[e added that he would like to
see a plan to acquire some additional
lots now for a deck in the area to be
paid for with assessments, and maybe 3,
5 or 10 years down the road, another 40
car parking; area above the proposed 47
car parking; facility.
Tony Shepardson, resident of 31st
Street, addressed the Council and read a
letter from the Ray Jacksons, property
owners of lots 418, 420, 510 and 512,
31st Street: who could not attend
tonight's meeting, who wanted to let the
Council know that they had attended
previous meetings on Cannery Village,
and, who are completely in favor of the
proposed improvements. Mr. Shepardson,
stated he, personally, feels that the
Cannery Village area has been neglected,
and that City staff has worked very
hard, as well as the property owners to
improve safety and the environment with
the new curbs, sidewalks, and gutters.
Dorothy Doan, 633 Lido Park Drive,
addressed the Council, and stated that
she, too, is in favor of the long
awaited improvements to Cannery Village.
She added that the restaurants need the
streetlights with the ambience they will
give to the area, as well as the
sidewalks, curbs, and gutters for
safety. She thanked City staff for their
time and effort, and urged the Council
to approve the project.
Council Member Strauss commented that in
the past, }se, as well as the Lido Isle
Community Association, was not in favor
of what was proposed at the time; one of
the reasons being the impingement by
Lido Marina Village tenants, and loss of
parking. Ile stated that he is in favor
of the proposed plan and indicated his
support.
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Chris Gustin, Senior Planner, Advanced
Planning Division, presented the
following :from the staff report
regarding McFadden Square Improvements:
McFadden Square Improvements: As a
result of the Public Works
Department's survey of the curbs,
gutters, sidewalks, streets and
alleys in the commercial areas of
McFadden Square, pursuant to the
direction of the City Council, two
levels of priority were established:
Priority A - Identifies those
repairs that are necessary
from a public safety
standpoint; and involves only
the repair to the existing
deteriorated curbs, gutters,
sidewalks, and streets. The
cost for performing all of the
Priority A repair work is
approximately $486,082,
including a 20% contingency.
As indicated previously, it is
the policy of the City that
all maintenance and repair
work to existing facilities is
the responsibility of the
City.
Priority B - Identifies those
repairs that would benefit the
aesthetics of the area; and the
estimated cost of the Priority
B work is approximately
$717,420, including a 20%
contingency.
The total anticipated cost of
repairs that are the
responsibility of the
adjoining property owners is
$2,926, and are itemized below
(because of the limited amount
of work required, no
contingency was added and
because these repairs are so
minor in nature, the property
owners may elect to perform
these repairs independent of
any City action):
Block 46: Cost to repair brick
parkway at: 2300
Newport Blvd. -
$1,000; 2312 Newport
Blvd. - $750; 2318
Newport Blvd. -
$378.
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Install drive
approach at 2011
Court Street - $348;
and repair custom
bricks at Dorymen's
Inn - $450.
McFadden Square Streetlights
It is estimated that
approximately 34 streetlights
will be adequate to provide
sufficient lighting in the
McFadden Square area, with
lights installed across West
Ocean Front to end of the
Parking lot, on 21st, 22nd,
and 23rd Streets, and along
Balboa Boulevard, into the
McFadden Place area. The
Light fixtures proposed
(similar to that now in front
of the Dorymen's Inn) are
estimated to cost
approximately $4,000 each,
installed for a total of
$136,000 (streetlights in the
parking lots and plaza are not
included in this project).
1:t is suggested that the
installation of streetlights
in McFadden Square be funded
through a 1919 Streetlight
District. It is suggested
that staff be directed to
distribute petitions to the
property owners to determine
if support for this project
exists in the area. It is
also suggested that the
boundaries of the Streetlight
District be limited to those
specific areas where lights
are proposed to be installed,
which are generally between
Balboa Boulevard and the Ocean
Front, and between McFadden
Place and 23rd Street. Based
upon an estimated 60 lots in
the area, a rough estimate of
the individual assessment is
approximately $2,266 per lot.
McFadden Square Plaza -
Involves the replacement of
the public restroom facility
at the base of the pier, and
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the reconstruction of the
plaza at the base of the pier.
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Regarding the public restroom
facility, the City Council has
directed Staff to prepare two
conceptual alternative
designs, with the location to
be seaward of the existing
:facility between the pier and
the Dory Fleet. It is likely
that the Dory Fleet will have
to be moved a short distance
to the west.
The proposed improvements to
the plaza at the base of the
pier has also generated
considerable discussion.
Staff and the Consultant have
prepared two conceptual plans
for the plaza area. These two
plans are essentially the same
from a design standpoint, with
Alternative One resulting in
no loss of parking, and
Alternative Two resulting in
the loss of approximately 15
parking spaces.
The estimated cost of the
complete reconstruction of the
plaza is estimated to be
approximately $700,000; and
the cost of the individual
components are as listed:
Demolition /Grading $ 88,000
Concrete Paving 330,000
Curbs
72,000
Lighting
24,000
Landscaping
76,000
Furniture
10,000
Contingency 8
Assessment
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Engineering
100,000
TOTAL $700,000
In order to provide an
opportunity for those
supporters of the plans to
completely reconstruct the
plaza and install the
extensive landscaping and
other amenities, it is
suggested that they be given
the opportunity to general
support among themselves for
the funding through a separate
single — purpose assessment
district. Staff could be
directed to provide the
supporters with the petitions,
and at such time as the
requisite majority of property
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owners have signed the
petitions, the district could
be formed. This option will
also allow for the supporters
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to return to the City with a
design different from those
prepared by the staff and
consultant if they desire.
the concept essentially is to
give the supporters the
opportunity to determine what
:Level of improvement they are
willing to fund, and how much
they are willing to assess
themselves. It is then
suggested that the City
contribute one -half of the
total cost of the project, up
to a maximum of $350,000,
whichever is less.
In the event that the property
owners do not generate
sufficient support for the
funding of the project through
an assessment district, it is
suggested that the City
rehabilitate the plaza area
without the installation of
the extensive amenities. It
Is estimated that the cost of
restoring the area to City
standards is approximately
$150,000.
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I'nvolves the reconstruction of
the West Ocean Front parking
].or. This project originally
involved the installation of
extensive landscaping and
other amenities, all of which
was to be funded as a part of
Assessment District 87 -3.
Several of the property owners
voiced concerns regarding both
the proposal to fund the
Improvements through an
assessment district and the
extensive landscaping, which
was considered to be an
impediment to the ocean views.
I.n response to those concerns,
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staff suggests that the City
Council consider only the
reconstruction of the lot in
Its existing configuration,
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with no new landscaping and no
loss of parking, and that this
project be funded by the City.
It is estimated that the
reconstruction, including
resurfacing and striping, will
cost approximately $103,000.
Staff has reviewed the various
financing options available
for the construction of the
curbs, gutters, and sidewalks
that are to be installed where
they currently do not exist in
Cannery Village, and the
repair work to the nonstandard
improvements in the parkways
and the new drive approach on
Court Street in McFadden
Square. Staff is of the
opinion that the appropriate
financing mechanism is the use
of Chapter 27 of the
Improvement Act of 1911, as
this process does not involve
the sale of bonds and has been
used successfully in other
areas of the City, and
summarized the improvement
costs, as follows:
Cannery Village Repairs and
Installations:
City $388,853
Property Owners 102,834
Villa Way Sidewalk Widening
w /Landscaping:
City $ 71,642
Property Owners -0-
Cannery Village Street Lights:
City $ -0-
Property Owners 115,000
Cannery Village Parking
Structure:
City $1,200,000
Property Owners -0-
CANNERY VILLAGE TOTALS:
City $1,660,495
Property Owners $217,834
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McFadden Square:
McFadden Square Repairs -
City $486,082 (A)
617,470 (B)
Property
Owners 2,926
McFadden Square Plaza -
City $350,000
Property
Owners 350,000
McFadden Square Restroom -
City $500,000
Property Owners -0-
West Ocean Front Parking Lot
Refurbishing -
City $103,000
Property Owners -0-
McFadden Square Streetlights -
City -0-
Property
Owners $136,000
MCFADDEN SQUARE TOTALS:
City $2,156,502
Property Owners $488,926
Discussion ensued, wherein staff was
asked why the recommended cost of
streetlights in Cannery Village is
$2,500, and those in McFadden Square
area is $4„000. Mr. Gustin stated that
those streetlights in Cannery Village
are based on a concrete post with a
single ornamental globe, whereas those
in McFadden Square are cast iron with
two light fixtures on each post, and
consistent with the streetlights of the
Dorymen's Inn. Staff also added that
during the petition stage, the residents
can either accept, or reject the
recommendations of staff, and can
propose a different streetlight design,
if they so choose.
Don Webb, City Engineer, Public Works
Department;, was introduced and asked to
give a presentation on the
recommendation for a restroom
alternative. He stated that several
months ago;, three alternatives to the
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Newport Pier restroom were proposed, and
staff has come back with one additional
alternative, which is a single restroom
building with area of 1,700 - 2,000 sq.
ft.; for a proposed cost of between
$450,000 - $500,000; closer to the pier;
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and is Alternative #4. Mr. Webb
described the model, as well as several
drawings in detail, (roof structure
designed to blend with the Pavilion, and
the style of the building is reminescent
of the early 1900) advising that staff
is recommending Alternative #4, as it
meets the criteria directed by the City
Council. He also added that if Council
approves staff's recommendation, they
would hope to start construction by
September, 1988.
Mayor Cox invited public testimony on
the McFadden Square improvements.
Karl Ackerman (no addressed given)
addressed the Council, and stated that
he was totally in support of how City
staff has fine -tuned the project, and
urged adoption of the recommendations,
as set forth by staff.
Bob Roubian, owner of the Crab Cooker,
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addressed the Council, stating that he
supports staff's recommendations of the
restroom facility, and to his delight,
no parking spaces are lost.
William Blurock, representing South
Coast Shipyard, addressed the Council,
stating that he was pleased the project
was moving ahead, and hoped that within
the next 180 days more support is
generated among the property owners for
the proposed assessments.
Sid Sofer, 900 Arbor Street, Costa Mesa,
addressed the Council, stating that he
is hopeful the local citizens can
generate enough support in the petition
process, and also give suggestions as to
what else can be done to improve the
McFadden Square area.
John Helms„ 2524 Via La Selva Avenue,
owner of boat yard at the corner lot of
26th Street, addressed the Council,
stating that he was opposed to proposed
Assessment District 87 -3, but feels that
the present: recommendations for the
McFadden Square improvements is
a great plan.
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Jay Brewer, 10141 Pua Drive, Huntington
Beach, addressed the Council, stating
that he was from the Dory Fleet, and
inquired as to what would be their
responsibilities, and cost.
City Engineer Don Webb, responded that
the Dory Fleet, under Alternative A,
would be moved approximately 25 feet to
the west, and the City would relocate
the pilings,. He added that the City
would work with the Dory Fleet to move
the structures, and Mr. Brewer was
advised that he could attend the meeting
scheduled by the Marine Director at 9:00
a.m., Tuesday, October 27, for updated
information, if he so desired.
3. Discussion ensued with regard to the
Proposed Project Priorities, and Chris
Gustin reviewed priorities and costs
information., (presented in the foregoing
pages 397 thru 402 of the minutes)
adding that staff has not suggested
specfic time frames for the work to be
done.
Mayor Cox closed the public hearings.
CANNERY VILLAGE IMPROVEMENTS
Motion was made to direct staff to:
Continue negotiations for the
proposed parking facility in
Cannery Village;
Proceed with the final design and
budgeting of the Villa Way
improvements;
Proceed with the City- funded repair
work in Cannery Village;
Commence Chapter 27 proceedings for
the funding of initial
installations of curbs, gutters,
sidewalks, and alleys;
Distribute petitions for the
formation of a streetlight
assessment district; and
Adopt Resolution No. 87 -153
abandoning all proceedings
pertaining to the formation of
Assessment District No. 87 -1.
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COUNCIL MEMBERS
AG A! y n� cti\
All Ayes
Motion
All Ayes
Motion
All Ayes
x
x,
CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
Council Member Sansone asked the maker
of the foregoing motion, to consent
adding the following: "Direct staff to
continue investigating finding
contiguous land so that the parking
structure may be enlarged to two or more
decks," to which there was no
objection.
The motion was voted on and carried.
MCFADDEN SQUARE IMPROVEMENTS
Council Member Plummer made a straw -vote
motion to approve selection of Restroom
Alternative A, and direct staff to
proceed with the preparation of plans
for said selected alternative, which was
approved by the entire City Council.
Motion was made to:
Approve the conceptual designs for
the McFadden Square Plaza and
indicate the City's willingness to
fund fifty percent (not to exceed
$350,000) of this improvement.
Direct staff to distribute
petitions to the McFadden Square
property owners allowing 180 days
for successful completion of the
petition process to form a single
purpose assessment district to fund
fifty percent of this improvement;
Direct: staff to commence Chapter 27
proceedings for the funding of the
initial installations and repairs
to nonstandard improvements;
Direct: staff to proceed with the
City - funded repair work; and
Adopt Resolution No. 85 -154,
abandoning all proceedings
pertaining to the formation of
Assessment District No. 87 -3.
CANNERY VILLAGE AND MCFADDEN SQUARE
both areas
Motion was made to:
Establish the priority system
discussed in the staff report for
City - funded improvements in Cannery
Village and McFadden Square.
Volume 41 - Page 405
Cannery Vlg/
McFdn Sq
Asmt Dists
COUNCIL MEMBERS
•
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CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
4. Mayor Cox opened the public hearing
regarding 31ST STREET IMPROVEMENTS AND
NEWPORT HEIGHTS ALLEY IMPROVEMENTS
bounded by 15th Street, Westminster
Avenue, Clay Street and Bolas Avenue
(C- 2470), pursuant to Chapter 27 of the
Improvement Act of 1911.
Report from Public Works Department, was
presented.
The City Manager stated that both areas
have well over 50% majority approval,
and unless there is sufficient
opposition tonight, staff is
recommending proceeding with the
proposed street /alley improvements.
Ross McElfresh, 514 Bolas Avenue,
addressed the Council, stating that when
the proposal was first presented to the
neighborhood the cost was approximately
$2,000 and interest at 5% over a five
year period; later it was proposed at a
cost of under $2,000, at 5% for 10
years. He stated that they had hoped
the cost would be approximately $2,000,
not to exceed 9% per year, and the last
information from the City's Public Works
Department stated that the interest rate
would be 12% with no year figure set by
the City Council.
Public Works Director Ben Nolan stated
that the law allows a maximum interest
rate of 12 %, and Council can direct
staff that the interest rate be
established at said rate, or at a lesser
interest rate. He stated staff has
indicated they recommend 8% per annum be
charged, and that the assessment
district have a pay back period of 10
years. He also added that the costs are
based upon costs for work of a similar
character, and the smaller lots are
under $2,000; the larger lots are over
$2,000.
Discussion further ensued, wherein the
Public Works Director stated that the
alley improvements have been combined
with the 31st Street improvements so
that the City will receive a competitive
price, and the actual cost to the
property owners is small.
Allen Schwalbe, owner of property #18,
addressed the Council, stating that he
is an absentee owner who voted for the
improvements before the actual cost was
known to him, and questioned how the
costs are determined.
Volume 41 - Page 406
Npt Hghts
Alley Imprv/
31st St
Imprvm
C -2470
(38)
•
Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
The Public Works Director stated that
there are three possible ways in which
an assessment of this type could be
spread: 1) proportional to area; 2)
frontage; 3) per each basis; and for
each alternative, some property owners
would be in favor of, or opposed to one
or the other. He stated that the basic
concept of an assessment district is
that the cost be spread in proportion to
the benefits received, and in reviewing
the difficulties that are inherent in a
project of this type, the different
sizes, shapes and frontages of the
properties, it was felt the proportion
to the area was the most reasonable.
Mr. Schwalbe also inquired as to whether
he would be liable for increased
property taxes, and would his property
be reassessed by the County as a result
of the improvements. He added that he
was happy for the improvements, but that
he wanted to know what additional costs
he would be faced with.
Discussion ensued, wherein it was stated
that the alley did not belong to the
property owner, but to the City, and
that the property owner would not be
further assessed with County taxes.
Mayor Cox declared the public hearing
closed.
Motion was made to direct staff to
continue the procedure to improve the
alleys located in Block 2, Tract No. 27
of Newport 'Heights, and for 31st Street
in Cannery 'Village per the plans;
approve the plans and specifications,
and authorize the City Clerk to
advertise for bids to be opened at 11:00
a.m. on November 17, 1987; and affirm
the Negative Declarations of
Environmental Impact for the project.
5. Mayor Cox opened the public hearing
regarding request for Certificate of
Public Convenience and Necessity for
DIAMOND CAB COMPANY, 17300 Mt. Herrmann
Street, Fountain Valley, to operate a
public transportation service, pursuant
to the Newport Beach Municipal Code
Section 5.12.020 and 5.12.040.
Report from the Business License
Supervisor, was presented.
Volume 41 - Page 407
pt Hghts
lley Imprv/
1st St Imp
Cab
(86)
COUNCIL MEMBERS
S
eni � nu , �
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Motion I x
•
Ayes x
Abstain
Motion
All Ayes
CITY OF NEWPORT BEACH
I xi x I x I x I x
x
MINUTES
October 26, 1987
The City Manager advised the Council
that the applicant is Coast Yellow Cab
Co -op, Inc., has operated 12 taxicabs in
the City since 1959 under the name of
Yellow Cab of Newport Beach, and are now
making application to operate five
additional taxicabs in the City under
the business name of Diamond Cab.
Mayor Cox declared the public hearing
closed, after it was determined that no
one wished to speak on this item.
Council Member Turner made a motion to
concur in staff's recommendation and
grant Certificate of Public Convenience
and Necessity to Diamond Cab Company.
Council Member Sansone stated that he
felt the service from Yellow Cab of
Newport Beach left a lot to be desired.
He cited an incident, wherein it took
more than one call to Yellow Cab, and 1
- 11g hours for service; and two
separate times when he called for
transportation to the airport, and the
driver never did show.
Mayor Pro Tem Hart stated that she would
be abstaining for the reason that the
applicant, or a representative was not
here to answer questions.
The motion was voted on and carried.
E. PUBLIC COMMENTS:
Sid Sofer, 900 Arbor, Costa Mesa,
addressed the Council concerning the
alley in front of his property on Old
Newport Road, stating that the area has
been declared by the City as unsafe. He
feels that under the circumstances, the
City should be responsible for the
repair.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading and schedule for
public hearing on November 9, 1987 -
(a) Proposed ORDINANCE NO. 87 -45,
being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ADOPTING PLANNED
Volume 41 - Page 408
Diamond
Cab
Old Npt Rd
Ord 87 -45
(94)
COUNCIL MEME
•
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CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
COMMUNITY DISTRICT REGULATIONS
AND A DEVELOPMENT PLAN FOR
FASHION ISLAND IN NEWPORT
CENTER, LOCATED WITHIN THE
RING DEFINED BY NEWPORT CENTER
DRIVE, AND AMENDING PORTIONS
OF DISTRICTING MAPS NO. 48 AND
49 SO AS TO RECLASSIFY SAID
PROPERTY FROM THE C -O -H
DISTRICT TO THE PLANNED
COMMUNITY (P -C) DISTRICT
[Planning Commission Amendment
No. 632] (Report from the
Planning Department)
Pass to second reading on November 9,
1987 -
(b) Proposed ORDINANCE NO. 87 -46,
being„
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
5.49.070 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
FALSE ALARM PENALTY. (Report
from the Assistant City
Attorney)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 87 -155 supporting
the recommendations of the
September 1987 "Super" Committee
Report: by Orange County Division,
League: of California Cities.
(Report from Public Works
Department)
3. CONTRACTS /AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Waive irregularities in the bid
documents of Gateway Landscape
Construction, Inc.; award Contract
No. 2.525 to Gateway Landscape,
Inc., for Balboa Island Bulkhead
Repair Near Waters Way; and
authorize the Mayor and City Clerk
to execute subject contract.
(Report from Public.Works
Department)
(c) Authorize the Mayor and City Clerk
to execute a Modification to the
Lease (Contract No. 2669) with
Hewlett- Packard Company regarding
Geobase Hardware System. (Report
from Assistant City Attorney)
Volume 41 - Page 409
PCA 632
Ord 87 -46
Bus Lic/
False Alrm
(27)
0/C League
Cities /Supr
Cmte
Res 87 -155
(61)
Balboa Is
Blkhd Rpr/
Waters Wy
C -2525
(38)
Geobase Hrd-
ware/Hewlt
Pckd
C -2669
(38)
COUNCIL MEMBERS
u
•
CITY OF NEWPORT BEACH
October 26, 1987
4.
5.
COMMUNICATIONS - For referral as
indicated:
(a) To Public Works Department for
reply„ letter from Mrs. Margaret
Daly requesting status report of
proposed road in the vicinity of
Newport Center Drive, Avocado and
Acacia.
(b) To Pending Legislation and
Procedural Ethics Committee,
suggestion from Jennifer Irani to
limit the production of
chlorofluorocarbons in Newport
Beach.
MINUTES
PW
(74)
Legislation
(48)
(c) To Traffic Engineer for reply, Trfc Engr
complaint from Harry Klemm, (63)
regarding inconvenience of correct
change: to accommodate the parking
meters while shopping in Newport
Beach.
(d) To Fire Department for inclusion in Fire Dpt
the records, letter of appreciation (41)
to Chief Reed regarding approval of
amendments to the City's ambulance
regulations from Schaefer Ambulance
Service.
COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letters from West Newport
Beach Association to Public Works
Department regarding request for
bike trail sign at Seashore Drive
and Orange; expressing appreciation
for excellent job at 38th Street and
Balboa. Boulevard park; and request
for new sign indicating a "4 -way
stop" at 38th and Balboa Boulevard.
(b) Copy of letter to Editor of the
Ensign from Peggy and Earl Timmons,
applauding Jim Felton and the
Ensign for reporting the facts on
October 1, about the Newport Beach
Public: Library.
(c) Application A87 -08 -041 of Riad 0.
Dandan, dba Olympic Limo Van
Service before California Public
Utilities Commission for
certificate of public convenience
and necessity.
Volume 41 - Page 410
OUNCIL MEMBERS
S �
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CITY OF NEWPORT BEACH
October 26, 1987
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
MINUTES
(36)
(a) Lisa Lynn Abaramoska for personal Abaramoska
injuries, alleging she was arrested
in error and alleging unethical
handling of situation by Police
Officers at Ocean and "G "Streets on
July 5, 1987.
(b) Auto Club of Southern California JAuto Clb
for Kathi Shannon for damages, So CA/
alleging her vehicle was hit by Shannon
City Fire truck while parked on
Marine: Avenue, Balboa Island on May
26, 1987.
(c) Nancy DeJovin alleging damages as a DeJovin
result: of Police Officer entering
her home at 123 38th Street on
September 4, 1987, while she was
asleep and mistaking her for
someone else.
(d) Removed from the Consent Calendar.
(e) Richard D. Kiner alleging his Kiner
vehicle was struck by Newport Beach
Police: paddy wagon while parked at
111 "C" Street on September 25,
1987.
(f) Removed from the Consent Calendar.
(g) Renee Garneau Sabol alleging Sabol
personal injuries and emotional
distress as a result of accident at
Pacific Coast Highway and Newport
Boulevard on July 11, 1987.
(h) Hollis Dennis Snell alleging Snell
damages as a result of being
physically abused by Police
Department at 1938 Port Cardiff on
September 18, 1987.
(i) Cho Jean Yu of 1815 Newport Hills Yu
Drive East alleging damages and
protective relief as a result of
arrest: by Police Department on July
17, 1987.
7. SUMMONS AND COMPLAINTS - For denial and �(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Norman Castles for damages, Orange (Castles
County Municipal Court, Case No.
87549. Claim was denied by City
Council on May 11, 1987.
Volume 41 - Page 411
COUNCIL MEMBERS
-A 1\1 \;\
•
CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
(b) William J. Verdult, Orange County
Superior Court, Case No. 534150.
Claim was denied by City Council on
March 9, 1987.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Electrician II, Utilities
Department.
(b) One Maintenance Worker I (Asphalt
Crew)„ General Services Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Memorandum from Fire Chief Reed
recommending DONATION OF
UNSERVICEABLE EQUIPMENT TO RANCHO
SANTIAGO COLLEGE for use in
hazardous materials training.
(b) Correspondence from Bicycle Trails
Citizens Advisory Committee
regarding recent REQUESTS OF WEST
NEWPORT BEACH ASSOCIATION
CONCERNING CLOSURE OF EXISTING
BICYCLE ACCESS AT THE WESTERLY END
OF SEASHORE DRIVE.
(c) Removed from the Consent Calendar.
(d) Removed from the Consent Callendar.
Verdult
(66)
Fire Dpt
(41)
BT /CAC
(24)
(e) Progress /Status Report from EQA /CAC
Environmental Quality Affairs, (24)
Citizens Advisory Committee
concerning the following: Workshop
Program, City Sign Program, Toxic
Waste, etc.
For Council. information and filing:
(f) Report: to City Manager regarding
ACTIONS TAKEN BY THE PLANNING
COMMISSION ON OCTOBER 8, 1987.
10. PUBLIC HEARING SCHEDULING - November 9,
1987:
(a) GENERAL PLAN AMENDMENT 87 -1(C) - A
request initiated by the City of
Newport Beach to amend the LAND USE
ELEMENT of the Newport Beach
General Plan so as to allow an
additional 69,500 sq. ft. of
commercial development in FASHION
ISLAND, and the acceptance of an
Environmental Document; and
Volume 41 - Page 412
Ping Cmsn
(68)
GPA 87 -1(C)
(45)
OUNCIL MEMBERS
�G � \0�-% � G \00 G9
•
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CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
GENERAL PLAN CONSISTENCY
DETERMINATION - Determination of
Consistency with the provisions of
the General Plan so as to allow the
transfer of 1350 committed theater
seats from Civic Plaza and 350
committed theater seats from Block
300 to Fashion Island; and
AMENDMENT NO. 653 - Request to
amend the Planned Community
Development Standards of the CIVIC
PLAZA PLANNED COMMUNITY so as to
delete the 20,000 sq. ft. of
existing allowable theater
development; and
GP Cnstncy
Dtrmntn
PCA 653
(94)
TRAFFIC STUDY - Request to approve Trfc Stdy
a traffic study so as to allow
construction of 69,500 sq. ft. of
commercial development in FASHION
ISLAND. (Report from the Planning
Department)
(b) CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FOR: (Memorandum
from Business License Supervisor)
Jim's Towing
935 West 18th Street
Costa Mesa, CA 92627
(c) CONSTRUCTION OF CURBS, GUTTERS AND
SIDEWALKS AT 205 AND 206 ORANGE
STREET (Report from Public Works
Department)
(d) CONSTRUCTION OF ALLEY AND ALLEY
APPROACH, NEWPORT BOULEVARD, 29TH
STREET, VILLA WAY AND 28th STREET.
(Report from Public Works
Department)
11. PROPOSED GENERAL PLAN AMENDMENT N0. 87 -3
- Sustain the recommendation of the
Planning Commission and initiate a
General Plan Amendment for the
following: 1) PACIFIC TELEPHONE SITE
(NORTH FORD) - A request of SDC
Development to change the land use
designation from "Institutional" to
"Retail and Service Commercial," and
increase the allowable development so as
to construct a 33,500 sq. ft. retail
center; and 2) FIRST AMERICAN TRUST
BUILDING (BLOCK 500, NEWPORT CENTER) - A
request of First American Trust Company
to expand an existing office building in
NEWPORT CENTER by 560 sq. ft. (Report
from the Planning Department)
Volume 41 — Page 413
Jim's Towg
(70)
205/206 Org
Crbs /Gtrs
Sdwlks
(74)
Npt B1 /Vla
Wy /28th St
(74)
GPA 87 -3
(45)
COUNCIL MEMI
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•
CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
12. ENCROACHMENT PERMIT - Uphold staff's
recommendation to approve execution of
an Agreement for nonstandard
improvements; and encroachment permit
from the Public Works Department for
application of Brion Jeannette to
construct a 3- feet -high masonry wall
encroaching four feet into public
right -of -way of Beacon Street, adjacent
to 400 Santa Ana Avenue. (Report from
Public Works Department)
13. Removed from the Consent Calendar.
14. REMODEL 15TH STREET RESTROOM (CONTRACT
2667) - Approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 a.m. on December 1, 1987.
(Report from Public Works Department)
15. HARBOR PERI4IT APPLICATION #11 -100 -
Uphold staff's recommendation to approve
request of DeAnza Bayside Village to
revise a commercial dock bayward of 300
East Coast Highway, subject to
conditions of approval. (Report from
Marine Department)
16. HARBOR PERMIT APPLICATION #259 -120 -
Uphold staff's recommendation to approve
request of Merlin J. Norton to revise a
residential dock bayward of 120 South
Bay Front, subject to conditions of
approval. (Report from Marine
Department)
17. HARBOR PERMIT APPLICATION #259 -144 -
Uphold staff's recommendation to approve
request of Terry Loebel to revise a
residential pier and float bayward of
144 South Bay Front, subject to
conditions of approval. (Report from
Marine Department)
18. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE
RECORDS - Approve expense records for
the following to attend the League of
California Cities 1987 Annual Conference
to San Francisco: Evelyn Hart (Oct. 3 -
7) $1,091.51; Philip Maurer (Oct. 4 - 7)
$765.31; Ruthelyn Plummer (Oct. 3 - 7)
$855.20; and Phil Sansone (Oct 3 - 7)
$1128.20.
Volume 41 - Page 414.
Beacon St/
SAna Ave
Encrchm
Permit
(65)
15th St
Restrm Rmdl
C- 2667''
(38)
Harbor Perm
Apli #11 -100
(51)
Harbor Perm
Apli #259 -
120
(51)
Harbor Perm
Apli #259 -
144
(51)
Council
Expense
(33)
COUNCIL MEMBERS
\0A
��G�J,
CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
19. BUDGET AMENDMENTS - For approval:
BA -036, $22,101.91 - Increase in Budget
Appropriations and Revenue Estimates for
construction of sanitary sewer
improvements under Contract No. 2586, in
accordance with January, 1986 agreement
between Tic:or Title Company, Donald K.
and Barbara G. Ward, and the City of
Newport Beach [said agreement provides
that the Ward's are to bear this portion
of the project costs]; General Fund.
(Refer to Public Works Department Report
w /agenda item F -3(a))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works Department
recommending approval of ENCROACHMENT
PERMIT application of Raymond Vincenti
of 119 Via Lido Soud, subject to an
Agreement for nonstandard improvements
and an encroachment permit from the
Public Works Department, to construct
two 3-foot-wide walkways, two gates in
fence, water line, and an electric line
on public property to service his pier
located near the northeasterly approach
to the Lido Isle Bridge, was presented.
The Public Works Director advised the
Council that the application for the
subject encroachment permit is to allow
Mr. Vincent:i access to a jointly owned
pier with Mrs. Eva Acosta located near
the Lido Isle Bridge. He stated that
the owners formerly took access from a
sidewalk behind the fence at the base of
the slips along Via Lido, that has since
been removed, and replaced with a new
fence by the Lido Isle Community
Association, and is located closer to
the bulkhead than the previous fence.
He added that prior to the construction
of the new fence the applicant could
reach his pier without walking
immediately in front of his neighbor's
picture window. He added that in an
effort to eliminate a source of
irritation to his neighbor, the
applicant has applied for said permit,
but the Lido Isle Community Association
strongly opposes the application.
Carolyn Hansen, 117 Via Lido Soud,
addressed the Council, stating that she
is a tenant of Mrs. Acosta, and her
privacy is the most affected by Mr.
Vincenti's using the walkway in front of
her window. She stated that the Lido
Isle Community Association never asked
her opinion regarding the construction
Volume 41 - Page 415
(25)
COUNCIL MEMBERS
•
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CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
of the new fence, and furthermore, she
and the other neighbors most affected,
support Mr,. Vincenti's application.
Randolph Kroenert, 119 Via Zurich, and
President of the Lido Isle Community
Association (LICA), addressed the
Council stating that they oppose the
subject application because, apparently,
Mrs. Acosta, without obtaining City
approval or LICA Architectual approval,
changed the! slope of the hill, removed
part of the! retaining wall, thereby
making it impossible for the prior
agreed upon walkway with Mr. Vincenti.
He stated that he can only conjecture as
to her motive, haste, and virtual
secrecy in doing this, and that having
an outside gate increases the chance of
people climbing over the fence,
providing a public access, and further
increases the City's exposure to
liability. Also, he stated that the
City became: aware there were exposed
electrical and water utility pipes and
wires running from Mr. Vincenti's
property to these piers, both which were
not identified in any permits in the
City, nor were they standard and Mr.
Vincenti was ordered to remove them; and
subsequently, Mr. Vincenti, in a letter
to LICA, stated that he felt it was
their responsibility to remove them.
Mr. Kroenert stated that LICA would
ask that the Council consider their
recommendations as follows; 1) Give Mr.
Vincenti permission to have an inside
walkway to his piers, which also
provides Mrs. Acosta the same rights; 2)
Give permission to lay the electrical
water lines consistent with City
specifications and permits; 3) Mrs.
Acosta be required to either replace the
original retaining wall and topography
on the City property to its original
condition, whereby the walkway can be
put in, or to share in the cost with Mr.
Vincenti to build a walkway providing an
alternative: to the retaining wall.
Claude Whitney, 119 Via Lido, Attorney
representing Mr. Vincenti, addressed the
Council, stating that his client is
only asking that he have access to his
piers, and he was told by the City staff
that they could only approve the double
walkway, which is the plan submitted in
the permit application.
Volume: 41 - Page 416
Encrchm
Permit/
Vincenti
COUNCIL MEMBERS
•
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CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
The Public Works Director stated there
are many alternatives that would be
acceptable to the City, even the one
similar to the access that was
originally on City property.
Raymond Vincenti, owner of 119 Via Lido
Soud, addressed the Council, stating
that he has been denied access to his
piers since January of this year. He
felt that lie should be given temporary,
or permanent access in the interim of
finding a mutually satisfactory
solution.
Charlene Ross, 208 Via Cordova,
addressed the Council stating that she
has lived on Lido Isle for 26 years, and
that it is unfair for anyone to want a
private walkway at the expense of the
other tenants and owners, and that there
are many more people who are affected.
She stated that she has looked at the
area in concern, and feels Mr.
Vincenti's permit application is
defective.
The Public Works Director stated that
the permit„ if granted to Mr. Vincenti,
would be to install improvements within
City property.
Pat Hollander, Secretary of the Lido
Isle Community Association, addressed
the Council and stated that if the
fence, gate, and sidewalks are put in as
Mr. Vincenti proposes, LICA believes
this would invite curiosity seekers and
it would be an attractive nuisance. She
further stated that if the piers are
being used by more than one person, a
club perhaps, then will the City want to
take on the liability of keys for the
gate being passed around, as LICA cannot
afford the liability.
Joyce Luithle, 108 Via Cordova,
addressed the Council stating that she
concurs in the remarks of Mr. Kroenert,
and Ms. Hollander. She also stated that
Mrs. Acosta purchased the property
knowing that the walkway was to be used
by others.
Volume 41 - Page 417
Encrchm
Permit/
Vincenti
COUNCIL MEMBERS
I\s `o
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Motion
All Ayes
Motion
All Ayes
i ion
Ayes
x
x
x
CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
INDEX
Judith Longyear, 215 Via San Remo, Encroachm
addressed the Council stating that she Permit
was on the LICA Board of Directors for Vincenti
Landscaping last year, and at that time
the plan was to move the fence down to
the north side of the bridge. She also
stated that she spent many long hours
with Mr. Vincenti and Mrs. Acosta
regarding his walkway, which all agreed
that it was designed to be inside of the
fence, and she is at a loss as to why
Mrs. Acosta had changed the agreed -upon
plan.
Carolyn Hanson, addressed the Council
again, stating that as she is home most
of the time, she has not seen much usage
of the walkway by others, as the boats
down at the dock used by the Lido
Sailing Club come across the water to
the pier.
Discussion ensued, wherein question was
raised as to are Mr. Vincenti's slips
being used for private or commercial
purposes.
Mr. Vincenti addressed the Council
again, and was asked if any of the boats
docked at his slips were registered in
his name, to which he replied, they were
not, and that they were the property of
the Lido Sailing Club, which is a
private club, of which he is a charter
member.
After further discussion, motion was
made to defer action until November 9,
1987, in order to give more time for
input by staff, and an agreement
mutually satisfactory to the Lido Isle
Community Association, Mr. Vincenti and
Mrs. Acosta..
2. Memorandum from City Manager concerning
ANNUAL REVIEW OF COUNCIL POLICY
MANUAL /MODI:FICATIONS, was presented.
Motion was made to defer action on
Council Policy N -4 Parking Permit Use in
Parking Met:er Zones, to November 23,
1987, with a report from the Off- Street
Parking Committee regarding the blue
poles.
Dave Dmohowski, representing The Irvine
Company, addressed the Council, and
requested that Council Policy S -1 be
reconsidered at this time, therefore,
motion was made for that purpose.
Volume 41 - Page 418
(69)
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CITY OF NEWPORT BEACH
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October 26, 1987
Motion was made to modify Council Policy
S -1 Administrative Procedures for
Implementing the Traffic Phasing
Ordinance, to the effect that "Credit
shall be given for existing uses on the
project site except that no credit shall
be given for any use that has been
terminated for more than one year prior
to the filing of an application for new
development on the property."
3. Letter to Orange County Board of
Supervisors signed by the Mayor
regarding AIR SAFETY, was presented.
Discussion ensued, wherein motion was
made to direct a strong letter to H. C.
McClure, Director of the Federal
Aviation Administration, (with a copy to
the Board of Supervisors) to take action
to prevent a reoccurrence concerning a
near collision of an airliner and a
small aircraft over Newport Beach.
George Frost Company claim seeking
indemnity from claim filed by Brian
Warfe; and Cladio M. Lopez claim for
personal injury, were presented.
Motion was made to concur in action
taken by the City Attorney for a Notice
of Insufficiency regarding claim filed
by George Frost Company; and claim
regarding Cladio M. Lopez be referred to
staff for further review.
5. Report from the Public Works Department
recommending the following was
presented: Find that the apparent low
bidder, P & J Utility, is not "the
lowest responsible bidder;" reject the
bid of P & J Utility; approve Budget
Amendment appropriating $22,101.91 from
the General Fund; and award Contract No.
2586 to George Dakovich & Son, for the
total price: of $616,715 for Sewer Main
and Alley Replacement Program; and
authorize the Mayor and City Clerk to
execute subject contract.
Paul Miller, President of P & J Utility
and property owner and resident of
Newport Beach, addressed the Council and
stated that he wanted to explain why his
company should be awarded the contract,
thereby saving the City $10,000, which
is the difference between his bid and
the bid awarded to Geoge Dakovich & Son.
Volume 41 - Page 419
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CITY OF NEWPORT BEACH
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October 26, 1987
Mr. Miller stated that at the time of
the bid opening on October 15, he was
confident that he could perform the work
under his :license classification, as he
had been in business for 12 years, and
the work to be bid on was similar to
work that lie has been doing for that
time. He stated the following day he
was informed by the City Attorney that
they were contemplating rejecting the
bid due to the fact that he did not have
a Class A license. He asked the City
Attorney why this requirement was not
printed in the bid documents, so that
prospective bidders would know how they
were to bid, and was told by the City
Attorney that it should have been
posted, but that he would check with the
Public Works Department and get back to
him.
Mr. Miller stated that the following
Monday, he talked to the City attorney,
and was informed that the Class A
license was not the issue now, but was
he qualified to do the work. He stated
that after checking with the State
Contractor's License Board he was
informed by the City Attorney that he
was not licensed to do the concrete
work. Mr. Miller stated he was not here
to argue the Class A license, but the
fact that lie was bidding on sewer
replacement: work, and the concrete work
is incidental. He also stated that when
checking with the State Contractor's
License Board, he would not be in
violation if he were to do the project,
based on the percentage of concrete work
that the project requires.
The Public Works Director stated that
the project: is a $600,000 contract; half
of the work consists of alley paving and
half underground work. He stated that
Mr. Miller is properly licensed for
underground work, but the project
includes a substantial amount of alley
paving. He further stated that the
City's interpretation was explained to
the State Contractor's License Board,
and they concurred that P & J was not
properly licensed to do the contract.
Volume 41 - Page 420
P &.J Utlty
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October 26, 1987
Discussion ensued, wherein the City
Attorney stated that there is a
provision under the Public Works
Contract's Code for substituting one
contractor for another subcontractor,
which would require the bidder to ask
for permission in a public hearing for
the City to consider substitutions.
He further stated that there is no
provision to allow a licencesee to
submit another firm, even under a joint
venture, and that the contractor
warrants he is able to perform the work
using his own forces.
Martin A. Kordick, 324 Otero, addressed
the Council stating that he is the other
half of the joint venture, and that they
had bid some work recently in northern
California, where it was typical C42
work, which is water main, sewers and
storm drain, Class A license work, but
this was spelled out in the bid
specifications and totally understood.
He felt that the City should reconsider
their decision, and award the bid to P &
J Utility.
Motion was made, under the
circumstances, to uphold staff's
recommendations, as set forth in the
staff report, and award C -2586 (Sewer
Main and Alley Replacement Program) to
George Dakovich and Son.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. BICYCLE TRAILS CITIZENS ADVISORY
COMMITTEE VACANCIES:
Motion was made to have the following
positions (terms ending December 31,
1987) remain vacant until the January 1,
1988 appointment process:
(District 1) Council Member
Strauss' appointment to fill the
unexpired term of Marilyn, Hendrickson;
and
(District 6) Council Member
Sansone's appointment to fill the
unexpired term of Sydney Balalis.
Volume 41 - Page 421
P & J
Utility
BT /CAC
COUNCIL MEMBERS
low
CITY OF NEWPORT BEACH
MINUTES
October 26, 1987
J. CURRENT BUSINESS:
None.
Meeting adjourned at 10:18 p.m.
k * * * * * * * * * * *
The agenda for this meeting was
posted on October 22, 1987, at 8:30
a.m., on the City Hall Bulletin
Board located outside of the City
of Newport Beach Administration
Building.
Volume: 41 - Page 422