HomeMy WebLinkAbout11/27/1989 - Regular MeetingL
CIL MEMBERS
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CITY OF NEWPORT BEACH
k\A REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: November 27, 1989
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Vince Opalek, retired senior citizen,
expressed appreciation to the Council for the
City's donation of a used Fire Truck to City
of Ensenada.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
November 13, 1989, was waived, approved
as written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
ELECTION OF MAYOR
Mayor Strauss relinquished his gavel to
the City Clerk who opened nominations
for the Office of Mayor.
Council Member Strauss nominated Mayor
Pro Tem Plummer.
Hearing no other nominations, the
nominations were closed, and Mayor Pro
Tem Plummer was elected as the new
Mayor.
Mayor Plummer took her proper place at
the Council table, and opened
nominations for Mayor Pro Tempore.
Council Member Strauss nominated Council
Member Sansone.
Nearing no other nominations, the
nominations were closed, and Council
Member Sansone was elected as the new
Mayor Pro Tem.
The Council took their new seats Council
table, with senior members having first
preference.
Mayor Plummer presented former Mayor
Strauss with a gavel mounted plaque,
stating she enjoyed his "good sense of
humor," his gentlemanly mannerisms, and
hoped that she can follow in his
footsteps.
Volume 43 - Page 474
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MINUTES
Vince Opalek, retired senior citizen,
expressed appreciation to the Council for the
City's donation of a used Fire Truck to City
of Ensenada.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
November 13, 1989, was waived, approved
as written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
ELECTION OF MAYOR
Mayor Strauss relinquished his gavel to
the City Clerk who opened nominations
for the Office of Mayor.
Council Member Strauss nominated Mayor
Pro Tem Plummer.
Hearing no other nominations, the
nominations were closed, and Mayor Pro
Tem Plummer was elected as the new
Mayor.
Mayor Plummer took her proper place at
the Council table, and opened
nominations for Mayor Pro Tempore.
Council Member Strauss nominated Council
Member Sansone.
Nearing no other nominations, the
nominations were closed, and Council
Member Sansone was elected as the new
Mayor Pro Tem.
The Council took their new seats Council
table, with senior members having first
preference.
Mayor Plummer presented former Mayor
Strauss with a gavel mounted plaque,
stating she enjoyed his "good sense of
humor," his gentlemanly mannerisms, and
hoped that she can follow in his
footsteps.
Volume 43 - Page 474
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CITY OF NEWPORT BEACH
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November 27, 1989
Outgoing Mayor Strauss thanked Mayor
Plummer for her kind remarks and the
Council Members for giving him the
opportunity to serve as Mayor the past
year. He stated he has found the Office
of Mayor to be enjoyable, as well as a
source of satisfaction, and cited some
of the events he attended throughout the
year.
Council Member Strauss spoke in support
of a one -year term for Mayor, as he felt
it gives everyone on the Council an
opportunity to serve. He suggested
consideration be given to having the
senior member on the Council serve as
Mayor if that person has not already
been afforded that opportunity. He felt
such a policy would eliminate any
potential problems the Council may incur
with the present policy. He indicated
that sometime in February 1990, be may
present this proposal to the Council for
their consideration.
In closing, Council Member Strauss
expressed sincere appreciation to the
City Manager, Department Directors and
staff for their cooperation during the
past year. He also congratulated Mayor
Plummer and Mayor Pro Tem Sansone on
their new positions.
Mayor Plummer thanked the City Council
for the honor of serving as Mayor. She
pledged to leave a "positive" stamp as
Mayor and expressed appreciation to all
her supporters for the past nine years,
as well as her family. She is hopeful
of preserving the quality of life in the
City; ensuring the economic health of
the business community; and keeping the
traffic moving through the City. She
stated she felt very strong about
keeping ahead of all the changes the
City is facing; that the City Council is
a good team, and the City is blessed
with an outstanding staff. She would
like to see the Council do some
"brainstorming" for some short- and
long -term goals to carry the City into
the 21st Century, as she felt the City
needs constant fine - tuning in order to
keep it beautiful and unique.
Volume 43 - Page 475
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CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
D. HEARINGS:
1. Mayor Plummer opened the continued U/P 3321(R)
public hearing regarding REVOCATION OF (88)
USE PERMIT NO. 3321 for failure to
comply with specific Conditions of
Approval of said use permit, being a
request of NANCY AND ROBERT CLARK
(NEWPORT SOUND WAVES) to permit the
establishment of a retail sales facility
specializing in the sale and
installation of automobile accessories
and auto detailing; on property located
at 2906 West Coast Highway, on the
northerly side of the highway between
North Newport Boulevard and Riverside
Avenue in Mariners Mile; zoned SP -5.
Report from the City Attorney regarding
proposed revocation of Use Permit No.
3321.
It was noted that this hearing was
continued from November 13 to allow
staff to meet with the permittee,
determine appropriate restrictions on
their business, and prepare an agreement
that would allow the Council to revoke
the use permit in the event of
noncompliance with the restrictions.
In view of the foregoing, motion was
made to authorize the Mayor to sign the
subject Agreement and continue the
public hearing to February 12, 1990.
2. Mayor Plummer opened the public hearing
PW /SJHls
to consider an increase in the
TrnspCrdr
collection of fees (the Development
M r Brd
Fees ") pursuant to the MAJOR
Fee Prgrm
THOROUGHFARE AND BRIDGE FEE PROGRAM FOR
(74)
THE SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR (the "Fee Program ") to apply
only to new development.
Report from Public Works Department.
Letter from Alan L. Blum stating there
is a provision that arterials or
offramps must be put to a vote of the
electorate.
The Public Works Director summarized the
staff report, pointing out that when the
proposed San Joaquin Hills Transporta-
tion Corridor Developer Fee Program was
adopted by the Board of Supervisors and
by the Cities which were member agencies
in 1985, the costs were based on very
rough preliminary cost estimates
Volume 43 - Page 476
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November 27, 1989
prepared by the County. Since that
PW /SJHls
time, a great deal of preliminary
TrnspCrdr
engineering work has been done and more
Mjr Brdg
detailed cost estimates have been
Fee Prgrm
prepared, and the Agency is now
recommending that the Developer Fees be
revised to reflect those more detailed
cost estimates. These fees pay for
approximately 50% of the cost of the
Corridor, with the other 50% proposed to
be paid by the tolls. He reviewed the
existing and proposed fees, and stated
that the area subject to these fees lies
generally easterly of the Upper Newport
Bay and northerly of Coast Highway /5th
Avenue. The fee is applicable only to
new development within the boundaries of
the program. The effective date of the
revised fees is estimated to be
December 14, 1989.
In response to question raised by
Council Member Watt, the City Attorney
advised that the construction of the
Corridor has been deemed by the State
Legislature and the courts to be a
matter of State -wide concern, and as
such, its construction would take
precedence over any Charter provisions
that would be contrary to State law.
Also, this particular issue does not
implicate the Charter because the
Charter relates solely to freeway
construction agreements, and finally,
very little, if any, of the Corridor
will be constructed within the City as
it is primarily located outside City
boundaries.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No. Res 89 -125
89 -125 establishing area of benefit and
approving an interim increase in
development fees for the San Joaquin
Hills Transportation Corridor.
3. Mayor Plummer opened the public hearing GPA 88 -2(B)
regarding: (45)
A. GENERAL PLAN AMENDMENT 88 -2(B)
Request to amend the Land Use
Element of the General Plan so as
to allow 40,672± square feet of
additional development for research
and development and manufacturing
purposes in conjunction with the
existing Toyota design facility
Volume 43 - Page 477
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CITY OF NEWPORT BEACH
November 27, 1989
MINUTES
located within Area 1 of the North
Ford /San Diego Creek Planned
Community;
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B. TRAFFIC STUDY NO. 57 - Request to
approve a traffic study so as to
permit an additional 40,672± square
feet of additional development for
research and development and
manufacturing purposes in
conjunction with the existing
Toyota design facility located
within Area 1 of the North Ford /San
Diego Creek Planned Community;
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C. PLANNING COMMISSION AMENDMENT NO.
678 - Request to amend the North
Ford /San Diego Creek Planned
Community Development Standards so
as to allow 40,672± square feet of
additional development for research
and development and manufacturing
purposes in conjunction with the
existing Toyota design facility
located within Area 1 of North
Ford /San Diego Creek Planned
Community. The proposal also
includes a request to establish a
specific parking requirement for
automotive design facilities within
the North Ford Planned Community
Development Standards.
Property located at 2800 -2810
Jamboree Road, on the southeasterly
side of Jamboree Road between Bison
Avenue and Camelback Street, in the
North Ford /San Diego Creek Planned
Community; zoned P -C.
Report from the Planning Department.
Walter Meyer, architect for the project,
addressed the Council and stated he was
available for questions.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 43 - Page 478
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CITY OF NEWPORT BEACH
OUNCIL MEMBERS
XNovember 27, 1989
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In response to comment made by Council
Member Strauss regarding the reduction
in parking and at the same time allowing
additional. square footage, the Planning
Director advised that the parking
requirement is only being reduced for
the design facility and if there was a
proposal to intensify the use in terms
of its parking requirements, the parking
would still remain at one space per 225
sq. ft., and the parking that is now
being eliminated would have to be
replaced.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to:
(a) Adopt Resolution No. 89 -126, Res 89 -126
approving General Plan
Amendment 88 -2(B), amending
the Land Use Element of the
General Plan; and
(b) Sustain the action of the
Planning Commission and
approve Traffic Study No. 57;
and
(c) Adopt Resolution No. 89 -127, Res 89 -127
amending the North Ford /San
Diego Creek Planned Community
Development Standards to allow
40,672# square feet of
additional development for
research and development and
manufacturing purposes in
conjunction with the existing
Toyota design facility located
within Area 1 of the North
Ford /San Diego Creek Planned
Community; including request
to establish a specific
parking requirement for
automotive design facilities
within the North Ford Planned
Community Development
Standards.
4. Mayor Plummer opened the public hearing Vacation/
regarding VACATION AND ABANDONMENT of a Abandm
portion of CHANNEL ROAD adjacent to the Channel Rd
property located at 2296 Channel Road, (90)
on Peninsula Point.
Report from Public Works Department.
Volume 43 - Page 479
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November 27, 1989
Motion was made to adopt Resolution No.
89 -128 ordering the vacation and
abandonment of a portion of Channel Road
adjacent to the property located at 2296
Channel Road as shown in the attached
exhibit; and direct the City Clerk to
have subject resolution recorded.
5. Mayor Plummer opened the public hearing
and City Council review of an APPEAL BY
ERNIE AND DONNA SCHROEDER, Corona del
Mar, from the denial of the Planning
Commission on October 19, 1989 of a
request to allow a chimney which exceeds
the 24 foot basic height limit in the
R -1 District and which exceeds the
minimum height required for chimneys by
the Uniform Building Code. Two chimneys
previously included in the request have
been modified to conform with required
height limits. Property located at 2717
Shell Street, on the southwesterly side
of Shell Street between Fernleaf Avenue
and Way Lane in China Cove; zoned R -1.
Report from the Planning Department.
Appeal application of Ernie and Donna
Schroeder.
Ernie Schroeder, appellant, addressed
the Council in support of his appeal.
He stated the subject chimney will not
block any water views and was
constructed in accordance with approved
plans from the City, and as a result,
he did not realize he was in violation
of any code requirements. Six months
after the chimney was installed he was
notified the chimney exceeded the height
limit.
In response to question raised by
Council Member Watt regarding the height
of the chimney next door to the
Schroeder's property, the Planning
Director advised that the chimney on the
Beauchamp residence is a conforming
chimney and higher than the chimney
under consideration because the roof on
the Beauchamp property is a higher roof,
and therefore, the chimney is higher.
The Uniform Building Code requires, as a
minimum, that the chimney be 2 feet
above the height of the roof at
horizontal distances of 10 feet away
from the roof.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 43 - Page 480
Res 89 -128
Planning/
Site Pln
Rv No. 11
(68)
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CITY OF NEWPORT BEACH
ICIL MEMBERS MINUTES
November 27, 1989
INDEX
Mayor Pro Tem Sansone stated that he has
Planning/
reviewed this matter extensively since
Site Pln
the Planning Commission hearing; felt
Rv No. 11
there was a misunderstanding, and
suggested that in the future, all plans
be stamped with some type of notifica-
tion advising the applicant that even
though the plans may indicate approval,
they do not relieve the contractor or
applicant from complying with existing
codes. He also pointed out that the
Beauchamp chimney on adjacent property
may conform to City regulations;
however, it is still higher and blocks
more views than the Schroeder chimney.
In view of the foregoing, Mayor Pro Tem
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Sansone moved to overrule the
recommendation of the Planning
Commission, and grant the appeal.
E. PUBLIC COMMENTS:
Dr. George J. Chase, 1401 Avocado
Avenue, addressed the Council regarding
a letter of complaint he had written to
the City concerning Police Department
employee, Mary Lavonne Campbell.
The City Manager advised that he has
been in communication with Dr. Chase by
letter and by telephone, and disagrees
with him on many points. He briefly
explained the incident which occurred in
1975; stated he has been in discussion
with former Police employee Don
Burdsall, who does not remember the
case, and as a result, indicated he felt
that nothing would be gained by the City
Council hearing this matter. He named
other former Police Department employees
who were working at that time, but have
since left the Department, or are
deceased. He advised that this case has
been reviewed by the Police Department
and the District Attorney's Office, who
have refused to issue a complaint
against the City. In addition, inasmuch
as this incident occurred some 14 years
ago, he felt it would be very difficult
to go back and determine, with accuracy,
the series of events that took place,
and consequently dismiss an employee who
has an excellent personnel record and
has been with the City for 17 years.
Volume 43 - Page 481
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CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on December 11,
1.989 -
(a) Proposed ORDINANCE NO. 89 -37,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER
12.32.020 OF THE NEWPORT BEACH
MUNICIPAL CODE TO RESTRICT
VEHICLES OVER 6000 POUNDS FROM
USING HELIOTROPE AVENUE,
BETWEEN FIRST AND SECOND AVENUES;
IRIS AVENUE, BETWEEN BAYSIDE
DRIVE AND FIRST AVENUE; ALBA
STREET; BISON AVENUE, BETWEEN
JAMBOREE ROAD AND ALTA VISTA
DRIVE; BIXIA STREET; AND CACAO
STREET. (Report from Public
Works /Traffic Engineering)
(b) Proposed ORDINANCE NO. 89 -38,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
5.50.010 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
MASSAGE ESTABLISHMENTS.
(Report from Business License
Supervisor)
Schedule for public hearing on
December 11, 1989 -
(c) Proposed ORDINANCE NO. 89 -39,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 15.07 OF
THE NEWPORT BEACH MUNICIPAL
CODE ENTITLED "EARTHQUAKE
HAZARD REDUCTION." (Report
from Building Director)
Volume 43 - Page 482
Ord 89 -37
Veh /Trfc
(85)
Ord 89 -38
Bus Lic/
(27)
d 89 -39
ilding/
Haz Rdctn
(26)
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CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -129 reciting the Election/
fact of the SPECIAL MUNICIPAL Spcl Muni
ELECTION held on November 7, 1989, 11/89
DECLARING THE RESULTS AND SUCH Res 89 -129
OTHER MATTERS AS PROVIDED BY LAW. 1(39)
(b) Resolution No. 89 -130 requiring Veh /Trfc
VEHICLES ON IRIS AVENUE TO STOP AT Iris /4th/
FOURTH AVENUE AND ON FOURTH AVENUE Larkspur
TO STOP AT LARKSPUR AVENUE. Res 89 -130
(Report from Traffic Affairs (85)
Committee)
(c) Resolution No. 89 -131 APPROVING THE lCity Clerk/
DESTRUCTION OF CERTAIN RECORDS IN Records
THE CITY CLERK'S OFFICE. Res 89 -131
(Memorandum from City Clerk (32)
w /resolution and attachment)
(d) Removed from the Consent Calendar.
(e) Resolution No. 89 -132 ESTABLISHING Inter -City
MEMBERSHIP AND RESPONSIBILITIES OF ILiaison Cmte
THE INTER -CITY LIAISON COMMITTEE Res 89 -132
AND ABOLISHING RESOLUTION N0. 9404. (24)
(Refer to memo w /agenda item
F -2(d))
(f) Resolution No. 89 -133 CHANGING THE Utilities
NAME OF THE WATER COMMITTEE TO THE Cmte
UTILITIES COMMITTEE. (Refer to Res 89 -133
memo w /agenda item F -2(d)) 1(24)
(g) Resolution No. 89 -134 AUTHORIZING P.E.R.S.
AN AMENDMENT TO CORRECT AN ERROR IN Res 89 -134
P.E.R.S. CONTRACT TO INCLUDE .(66)
SECTION 20024.2 (ONE -YEAR FINAL
COMPENSATION) FOR LOCAL
MISCELLANEOUS AND LOCAL SAFETY
MEMBERS, EFFECTIVE DECEMBER 2,
1989. (P.E.R.S. letter
w /resolution)
(h) Resolution No. 89 -135 authorizing
the Mayor and City Clerk to sign a
LEASE AGREEMENT with Citicorp North
America for a replacement telephone
switch regarding MARINE SAFETY
TELECOMMUNICATIONS. (Report from
Utilities Director)
Volume 43 - Page 483
Citicorp/
Marine Sfty
Telecmctns
C -2783
Res 89 -135
(38)
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CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk McFdn Sq
to execute Engineering Services Imprvms/
Agreement with Ott Engineering, Asmt D#59
Inc. for MCFADDEN SQUARE STREET Ott Engr
IMPROVEMENTS AND ASSESSMENT Sry Agm
DISTRICT NO. 59 (MCFADDEN SQUARE). C -2780
(Report from Public Works (38)
Department)
(b) Authorize the Mayor and City Clerk Asmt D#57
to execute an amended contract with Corona Hghl/
Southern California Edison Company SoCAEdsn
which will reduce the amount paid Utilities
by the City to Southern California (89)
Edison Company for UNDERGROUNDING
UTILITIES IN CORONA HIGHLANDS
(ASSESSMENT DISTRICT NO. 57) from
$719,938 to $634,635, a savings of
$85,303. (Report from Public Works
Department)
(c) Award Contract No. 2736 to Varkel
New Restrm
Construction, Inc., of Laguna
Rmdl /Lifegd
Hills, in the amount of $845,671.32
Hqs
for the buildings with decorative
C -2736
exteriors (Bid Combination 11) for
(38)
CONSTRUCTION OF NEW RESTROOM AND
REMODEL LIFEGUARD HEADQUARTERS;
authorize the Mayor and City Clerk
to execute subject contract; and
approve Budget Amendment transfers
in the Tide and Submerged Land Fund
and General Fund to combine the
various accounts for the Lifeguard
Headquarters Remodel and Newport
Pier Restroom Construction into one
account for each fund. (Report
from Public Works Department)
(d) Authorize the City Manager to
execute AGREEMENT FOR CONSULTING
PROFESSIONAL ENGINEERING AND
PROJECT MANAGEMENT SERVICES WITH
DONALD C. SIMPSON. (Report from
Public Works Department)
Don Simpson
Cnsltg /Prf
Sry Cntr
C -2781
(38)
(e) Approve the Modification Agreement IPCH Wdng/
with Robert Bein, William Frost and Bein /Frost
Associates for DESIGN OF PACIFIC C- 2591(B)
COAST HIGHWAY WIDENING PROJECT (38)
(CONTRACT NO. 2591(B)). Report
from Public Works Department.
Volume 43 - Page 484
CITY OF NEWPORT BEACH
November 27, 1989
4.
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5.
6
- For referral as
indicated:
(a) To Planning Department for
response, letters from Burnetta S.
Cassel, Ken Riley and Ronald Lee
concerning BALBOA PENINSULA
REZONING. (Attached)
(b) To Public Works Department for
response, letter from Richard L.
Stapp concerning "perpetual"
CONSTRUCTION PROJECT - NEWPORT
BOULEVARD /PACIFIC COAST HIGHWAY
(WEST) TRANSITION. (Attached w/
response from Public Works
Department)
MINUTES
(68)
(74)
(c) To Public Works /Traffic Engineering 1Trfc Engr
for reply, request from Bob (85)
Kannenberg, Dallas, Texas,
concerning PARKING CITATION REFUND
AND CLARIFICATION OF CITY SIGNS.
(d) To City Attorney for inclusion in City
the records, letter from C. E. (31)
Parker, Inc., concerning TIDELANDS
AND SUBMERGED LANDS in Newport
Beach.
(e) To Aviation Committee for inclusion Avis
in the records, letter from Otto C. Cmte
Kiessig, member of the Airport Site (24)
Coalition, commenting on ALTERNATE
AIRPORT SITE for Orange County.
(f) To staff for response, letter from PW
Helen Kieron concerning how and (74)
where the City uses SEWER FUNDS FOR
IMPROVEMENTS.
COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Yvonne M. Attyah alleging damage to
blouse due to wet paint in
Washington Street restroom, Balboa
Peninsula, on September 27, 1989,
which she claims was not signed
properly.
(b) Duke Mao alleging dangerous
condition of roadway caused
accident and personal injuries on
June 26, 1989 on Back Bay Drive.
Volume 43 - Page 485
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CITY OF NEWPORT BEACH
MINUTES
November 27,. 1989
(c) James F. McGee alleging his car McGee
towed in error on October 28, 1989
from MacArthur Boulevard near
Pacific Coast Highway; seeking
reimbursement of towing and storage
fee in the amount of $69.00.
(d) APPLICATION TO PRESENT LATE CLAIM -
Maria B. and Guadalupe Perez
alleging wrongful death of Romulo
Perez who drowned while trenching
and installing storm drain at
Bayside Drive and Promontory Point
on March 1, 1989, while under
contract with the City for said
work.
(e) Sea Breeze alleging damage to store
and merchandise, as a result of
main water line break on November
2, 1989 at 3400 Via Oporto #102.
(f) Paul E. and Carolyn Shafer alleging
personal injuries as a result of
traffic collision with Newport
Beach Police Department employee.
(g) Mary White alleging wrongful
termination on August 11, 1989;
improper denial of promotion
because of race; and racial and
sexual harassment.
City Attorney recommends the
following:
(1) That portion of the claim that
alleges wrongful termination
on August 11, 1989, by the
Newport Beach Police
Department should be denied;
(2) That portion of the claim that
alleges improper denial of
promotion because of race
should be rejected as
untimely;
(3) That portion of the claim that
alleges "racial and sexual
harassment" in 1989 should be
referred to the City Attorney
for submittal of a notice of
insufficiency.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
Volume 43 - Page 486
Perez
Sea Breeze
Shafer
White
®V-N'
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CITY OF NEWPORT BEACH
November 27, 1989
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) Approve four (4) Police Officers,
Police Department.
(b) Approve one (1) Police Dispatcher,
Police Department.
(c) Approve (1) Senior Police Clerk,
Police Department.
(d) Approve one (1) Refuse Worker I,
General Services Department.
(e) Approve one (1) Librarian I,
Library Department.
(f) Approve one (1) Telecommunications
Technician, Utilities Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
MINUTES
(66)
(a) Report from the City Manager Counci
concerning MODIFICATIONS TO THE Policy
CITY COUNCIL POLICY MANUAL (A -10, (69)
F -16, H -1, I -5, K -2, K -3, K -7, L -2,
L -6, P -1, Q -1, and S -1).
For Council information and filing:
(b) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON NOVEMBER 9,
1989. (Attached)
10. PUBLIC HEARING SCHEDULING - December 11,
1989:
(a) PLANNING COMMISSION AMENDMENT NO.
691 - A request of the DONALD BREN
COMPANY, Newport Beach, to amend
the NORTH FORD /SAN DIEGO CREEK
PLANNED COMMUNITY DISTRICT
REGULATIONS to allow the
construction of improvements such as
trellis and beam construction,
patios, pools and spas within
reciprocal side yard easements.
Property consisting of Tract No.
12271, the detached single - family
area of the North Ford /San Diego
Creek Planned Community; zoned P -C.
(Report from the Planning
Department)
Volume 43 - Page 487
(68)
PCA 691
(94)
COUNCIL MEMBERS
•
Is
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
11. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PRIVATE IMPROVEMENTS
WITHIN THE SHELL STREET RIGHTS -OF -WAY
ADJACENT TO 2717 and 2719 SHELL STREET,
CORONA DEL MAR FOR ERNEST SCHROEDER AND MR.
BEAUCHAMP, - Uphold staff's recommenda-
tion of approval, subject to: (a)
Execution of encroachment agreement for
nonstandard improvements; authorize
Mayor and City Clerk to execute subject
agreement and record; and (b)
Encroachment Permit from Public Works
Department. (Report from Public Works
Department)
12. ACCEPTANCE OF 1989 -90 STREET RESURFACING
PROGRAM (CONTRACT NO. 2751) - Accept the
work; and authorize the City Clerk to
file a Notice of Completion, and release
the bonds 35 days after recordation in
accordance with applicable portions of
the Civil Code. (Report from Public
Works Department)
13. CONDITIONAL USE PERMIT NO. 3122 - Accept
the public improvements constructed in
conjunction with Conditional Use Permit
No. 3122 for property located at 309
Palm Street, on the northerly side of
East Bay Avenue between Palm and Adams
Street in Central Balboa; and authorize
the City Clerk to release the Faithful
Performance Surety ($5,000 Letter of
Credit No. SN- 91763). (Report from
Public Works Department)
14. ACCEPTANCE OF AVON STREET IMPROVEMENTS -
RIVERSIDE AVENUE TO 300 FEET
WESTERLY /RIVERSIDE AVENUE STORM DRAIN,
LINE C; AND CLIFF DRIVE PARK STORM
DRAIN, PHASE II (CONTRACT NO. 2715) -
Accept the work; and authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after
recordation in accordance with
applicable portions of the Civil Code.
(Report from Public Works Department)
15. ACCEPTANCE OF REFUSE TRANSFER STATION AT
THE CITY CORPORATION YARD (CONTRACT NO.
2723) - Accept the work; and authorize
the City Clerk to file a Notice of
Completion and release the bonds 35 days
after recordation in accordance with
applicable portions of the Civil Code.
(Report from Public Works Department)
16. Removed from the Consent Calendar.
Volume 43 - Page 488
Permit/
Schroeder
Encrchm
(65)
89 -90 St
Rsrfcg Prg
C -2751
(38)
Cndtnl
U/P 3122
(88)
Avon St
Imprms/
Rvrsd
C -2715
(38)
Refuse Taft
Sta /Corp Yd
C -2723
(38)
COUNCIL RAEUSERS
1e -00Q ``1 &N,
7
•
0
•
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
17. HARBOR QUALITY /CITIZENS ADVISORY Harbor
COMMITTEE VACANCY - Accept memorandum Quality/
from Marine Director advising that Doug CAC
Forde is resigning from subject (P4)
committee; authorize City Clerk to
include vacancy for consideration of
replacement at the City Council meeting
of December 11, 1989.
18. ENCROACHMENT OF GEORGE BARFIELD /2001 Permit/
KINGS ROAD, NEWPORT HEIGHTS FOR Barfield
CONSTRUCTION AND MAINTENANCE OF PRIVATE Encrchm
IMPROVEMENTS WITHIN SEWER EASEMENTS - (65)
Request for approval to continue to
December 11, 1989. (Letter from George S.
Barfield)
19. SPECIAL EVENTS PERMITS - Uphold staff's Ispecial
recommendation to approve the following lEvents
subject to conditions listed in the Permits
staff reports: (Reports from the (65)
License Supervisor)
(a) Application No. 89 -386 - Use Apli No.
of public beach by the Boy 89 -386
Scouts of America, for Surfing
Contest for Junior High
Students, 7:00 a.m. to 12:00
Noon, December 16,, 1989 at
56th Street at the Ocean.
(b) Sound Amplification Permit - Sound Ampli
Employee paging system (public Peninsula
address system) at Peninsula Shpyrd
Shipyard, 223 and 226 21st
Street, Monday - Saturday,
from 7:30 a.m. - 5:00 p.m.
20. BUDGET AMENDMENTS - For approval: 1(25)
BA -034, $615 - Increase in Budget
Appropriations and Revenue Estimates
from Donations from California Council
for the Humanities to underwrite travel
costs for staff to present special
programs; Libraries - Travel and Meetings
Fund.
BA -035, $110,000 - Increase in Budget
Appropriations from Donations for design
and construction of a traffic signal at
the intersection of San Miguel and
Pacific View Drive; Contributions
Fund - Traffic Signal Fund.
BA -036, $294,250 - Transfer in Budget
Appropriations for improvements of
Restroom and Lifeguard Headquarters at
Newport Pier; Restroom and Lifeguard
Headquarters Improvements, Newport Pier
Fund. (Refer to agenda item F -3(c))
Volume 43 - Page 489
•
Motion
All Ayes
•
Motion
All Ayes
•
M
x
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
BA -037, $579,000 - Transfer in Budget
Appropriations for improvements of the
Restroom and Lifeguard Headquarters at
the Newport Pier; Restroom Replacement/
Beach Locations Fund. (Refer to agenda
item F -3(c))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from City Manager regarding Youth Cncl/
proposed resolution REPEALING RESOLUTION CAC
NO. 86 -2, which established the YOUTH (Y4)
COUNCIL.
Council Member Hart stated that she and
Mayor Pro Tem Sansone will be working
with Harbor and Corona del Mar High
Schools regarding the recruitment of a
Youth Council; and therefore, moved to
withdraw this item from the calendar
indefinitely.
2. Report from Tidelands Affairs Committee Harbor Perm
recommending denial of HARBOR PERMIT Apli No.
APPLICATION NO. 105 -2717 by Eric 105 -2717
Schroeder and James Beauchamp to Schroeder/
construct joint pier bayward of 2717 and Beauchamp
2719 Shell Street, for the reasons (51)
listed in the staff report.
The City Clerk advised that after the
agenda was printed, a letter was
received from Ernie Schroeder,
requesting this item be removed from the
calendar until notified by the applicant
that the engineer has completed his
report and design.
Motion was made to defer action on this
matter as requested by applicant.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 89 -28, being, Ord 89 -28
Zoning/
AN ORDINANCE OF THE CITY COUNCIL OF MFR Dist
THE CITY OF NEWPORT BEACH AMENDING (94)
TITLE 20 OF THE MUNICIPAL CODE
ESTABLISHING THE MULTI- FAMILY
RESIDENTIAL (MFR) DISTRICT
(PLANNING COMMISSION AMENDMENT NO. PCA 687
687).
Report from Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was
received from Dr. Jan D. Vandersloot,
recommending the Council sustain the
action of the Planning Commission and
Volume 43 - Page 490
1
Motion
CITY OF NEWPORT BEACH
x
MINUTES
November 27, 1989
•
Ayes x x x x x x
Noes x
2.
Motion
All Ayes
1, 11
u
x
3
approve the 24/28 height limit as set
forth in the original ordinance.
The City Manager reviewed the ordinance
and the three changes that were made at
the Council meeting of November 13
regarding building height and bulk.
Dr. Jan D. Vandersloot, 2221 16th
Street, addressed the Council regarding
the above - mentioned letter, stating he
felt the 32 foot height limit was an
attempt to add a third -story to
buildings which will only increase
density. He also felt the intent of the
recently adopted General Plan was to
reduce density, not increase it.
Motion was made to adopt Ordinance No.
89 -28.
Council Member Watt stated that she also
was concerned about height limits, but
inasmuch as there has been input from
local architects who feel this ordinance
is workable and reasonable, she will
support it.
Council Member Strauss stated he
preferred the original height limit of
24/28 feet, and therefore, will not
support the ordinance.
The motion was voted on and carried.
Proposed ORDINANCE NO. 89 -33, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
A PORTION OF DISTRICTING MAP NO. 9
TO PLACE SUBJECT PROPERTY IN THE
R -3 DISTRICT OF THE CANNERY
VILLAGE /MCFADDEN SQUARE SPECIFIC
PLAN (SP -6) DISTRICT (PLANNING
COMMISSION AMENDMENT NO. 686).
Report from the Planning Department.
Motion was made to adopt Ordinance No.
89 -33.
Proposed ORDINANCE NO. 89 -35, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO DEFINE AND
REGULATE "SPECIALTY FOOD" USES IN
THE CITY; AND THE ACCEPTANCE OF AN
Volume 43 - Page 491
Zoning/
MFR Dist
Ord 89 -33
Zoning
(94)
PCA 686
Ord 89 -35
Zoning
(94)
•
•
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
ENVIRONMENTAL DOCUMENT (PLANNING
COMMISSION AMENDMENT NO. 679).
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was
received from Dr. Jan D. Vandersloot,
recommending the ordinance be modified
as enumerated in his letter.
Council Member Turner reiterated his
concerns regarding the subject ordinance
as discussed at the November 13 Council
meeting. He felt the original goal of
the ordinance was to isolate those
businesses which are considered to have
no more impact on an area than some
ordinary - commercial -type uses. In the
case of a "muffin shop," under the
current ordinance the operator is
required to get a use permit, yet a
bakery shop can open up adjacent to the
muffin shop by simply securing a
building permit under the current
ordinance. He felt there is an
inconsistency and that small businesses
occupying space less than 1200 sq. ft.
should be looked at to determine if it
is really necessary that they go through
the use permit process. He also felt
the small business areas affected by
this ordinance are the older established
areas of town that were developed prior
to enactment of parking requirements.
He felt the problem with the existing
ordinance, in his opinion, is the
language contained in Section D -1, Page
3, which states: "No credit shall be
given for existing nonconformities,"
which means that if no parking exists
right now, this kind of use must provide
for it. He felt this provision was not
equitable, and stated that after
discussion, he will make a motion to
delete the word "No" from Section D -1 of
the ordinance.
The Planning Director advised that the
section referenced by Council Member
Turner was one of the "key issues"
discussed at the Planning Commission
meeting. He stated that while the 1
parking space for every 250 sq. ft. does
narrow down the number or types of uses
that could come to the City and
establish themselves as Specialty Food
restaurants, he felt the City Council
should also recognize the fact that the
Volume 43 - Page 492
PCA 679
•
Motion
•
Motion. x
Ayes x
Noes x
Ayes x
Noes x
CITY OF NEWPORT BEACH
x
MINUTES
November 27, 1989
x
Specialty
standards ordinance enacted some months
Food Regs/
ago plays a key role in the impacting of
x
x
x
X
that they could not go into existing
x
x
retail areas because many of those
x
retail areas are already developed at a
MINUTES
November 27, 1989
Volume 43 - Page 493
City's floor area ratio and intensity
Specialty
standards ordinance enacted some months
Food Regs/
ago plays a key role in the impacting of
Zoning
some of these smaller food type uses, in
that they could not go into existing
retail areas because many of those
retail areas are already developed at a
higher floor area ratio than what would
be permitted today.
Discussion continued, wherein the City
Manager pointed out that the proposed
ordinance was structured to permit the
Modifications Committee to consider
Specialty Food uses, but he felt the
Planning Commission did not want to give
the same committee the right to waive
the off - street parking. If a Specialty
Food use finds that it cannot meet the
one parking space for every 250 sq. ft.,
the applicant can still apply for a use
permit before the Planning Commission.
Following consideration, motion was made
to adopt Ordinance No. 89 -35.
Council Member Cox spoke against the
motion indicating he was in concurrence
with Council Member Turner's comments.
He also was opposed to the ordinance,
inasmuch as the hours of operation for
opening a Specialty Food Service was
changed at the last meeting from 6:00
a.m. to 7:00 a.m., which he felt was
unfair to small businesses.
Substitute motion was made by Council
X
Member Turner to delete the word "No"
from Section D -1, page 3, and to
reintroduce the ordinance as revised,
which motion FAILED.
The motion made by Council Member
x
Strauss was voted on and carried.
I. CONTINUED BUSINESS:
1. Reports frpm the City Manager and City
Balboa Bay
Attorney regarding MEMORANDUM OF
Clb /MOU
UNDERSTANDING /BALBOA BAY CLUB.
C -519
(38)
Signed petitions by 77 Newport Beach
residents gathered by Keith Hosfiel,
requesting that the voters decide
whether a 50 -year new lease should be
granted to the Balboa Bay Club.
Volume 43 - Page 493
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
Balboa Bay
Clb /MOU
The City Clerk advised that after the
agenda was printed, five additional
letters were received in favor of
extending the current lease; three
letters urging the land be converted to
•
a park; and one letter recommending this
item be submitted to a vote of the
people. A letter was also received from
Thomas Deemer, President of the Balboa
Bay Club, together with petitions in
support of their request signed by
approximately 3,000 residents.
Mayor Plummer announced, for the benefit
of those in attendance, that the only
action the Council was considering at
this time is a Memorandum of
Understanding (MOU) with the Balboa Bay
Club. The MOU is an orderly procedure
from the 1986 agreement regarding the
redevelopment of the Bay Club's parcel.
The City Council is not considering a
50 -year lease with the Bay Club at this
meeting. The terms and length of that
lease will be heard at a later date at a
scheduled public hearing.
The following persons addressed the
Council in support of the proposed MOU:
Donald Olson, 1221 W. Coast
•
Highway, resident of Balboa Bay
Club
William Lusk, #3 Bodega Bay
Jim Dale, 118 Apolena Avenue
Barbara Anne, 1800 Antigua Circle
Tom Simovich, 18 Rue Chantilly
The following persons addressed the
Council in opposition to the proposed
MOU, and in favor of placing the subject
of the lease extension on the ballot:
Frank Eisendrath, 104 Kings Place
(submitted petition w/24
signatures)
Grant Reynolds, 1301 Kings Road
Peter Nisson, Attorney representing
Peter Piper, 1521 Kings Road
Carol Brown, 222 Coral Avenue
Irene Black (no address given)
Ed Wolfe, 1718 Tradewind Lane
Ruth Reynolds, 1301 Kings Road
Mary Peikert, 811 Kinds Road
Clive Wilson, 301 Prospect Street
•
The following persons addressed the
Council neither for or against the MOU,
but did indicate, that should the
Volume 43 - Page 494
Balboa Bay
Clb /MOU
•
•
is
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
Th
Council extend the lease with the Balboa
Bay Club at some future date, they would
hope that it would be in the best
interests of the City; that it would
benefit all residents of the community;
and that the Club would be required to
pay their fair share.
John Baylis, 2215 Windward Lane
Bob Duke, 22 Rue Villars
Ralph Whitford, 406 Snug Harbor
Barry Allen, 1021 White Sails Way,
addressed the Council regarding the MOU
and suggested that an indemnity
agreement be added, whereby the Bay Club
would be required to defend and
indemnify the City and any and all of
its representatives from any legal
challenges that are made to the MOU. He
felt a similar provision should also be
included in the lease along with a
nonalienation agreement to the effect
that the Bay Club remains as presently
exists, rather than being converted to
some other use at a later date.
Bill Ray, Chairman of the Board, Balboa
Bay Club, addressed the Council and
stated that they have had their auditing
firm prepare some studies that summarize
rental under the 1948 lease, the present
lease of 1986, and the lease extension,
which he hopes he can share with the
Council in order to clarify a
misunderstanding on the part of the
citizenry regarding rental payments and
terms of the lease. With regard to the
MOD, they concur with the conclusions of
the City Manager and City Attorney;
however, they do not feel the MOU is
necessary, inasmuch as they have been
operating under the current lease for
the past three years. They would like
to go forward with discussions regarding
a lease extension, and if it is the
Council's desire to approve the MOU in
order to proceed with those discussions,
they have no objections.
Mayor Pro Tem Sansone pointed out again
to those in attendance, that the City
Council was not considering a lease
extension with the Balboa Bay Club at
this time. When that time comes, the
Council must have before them the
complete terms and conditions of a
proposed lease, as well as knowledge
that those terms and conditions are
acceptable not only to the City, but
acceptable to the State Coastal
Volume 43 — Page 495
Balboa Bay
Clb /MOU
•
Motion
•
•
X
CITY OF NEWPORT BEACH
MINUTES
November 27, 19139
Commission as well as the State Lands
Commission. Based upon legal opinions
that he has received, he felt the terms
of the current lease have incorporated
all of the provisions of the MOU, and
therefore, it is not necessary for the
Council to approve the proposed MOU. He
also felt that the City may be legally
obligated under the terms of the current
lease to consider an extended lease, new
terms or a new lease. He stated that
the Council needs to initiate action
under the terms of the current lease to
develop a proposed lease which protects
the rights of citizens as well as the
State because of the tidelands, which
will not be an easy task because of the
details involved.
In view of the foregoing comments,
motion was made to file the proposed
Memorandum of Understanding; that the
Council appoint an ad hoc committee to
legally enter into negotiations to
develop terms and conditions of a
proposed new lease; that said committee
be authorized an expenditure of funds
that may be necessary to provide expert
counsel in the area of land /lease
rental, and any other matters the
committee feels is necessary; that the
committee keep the Council and citizenry
informed periodically as to their
progress; that the input from residents
be received via some type of outreach
program; and that the lessee agrees to
defend the City against all legal
actions.
Council Member Strauss questioned
whether or not the motion presupposes
putting the lease issue to a public vote
following negotiations, to which Council
Member Turner replied that, in his
opinion, the motion does not preclude
the matter of the lease being placed on
the ballot. He stated the lease issue
is now going to be negotiated, and at
some future date, the Council can decide
whether or not the matter goes to a vote
of the people.
Mayor Pro Tem Sansone commented that he
felt most of the residents are primarily
concerned whether or not the City is
receiving, or will be receiving maximum
compensation for the use of this land.
Volume 43 - Page 496
Balboa Bay
Clb /MOU
is
All Ayes
•
C
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
Council Member Watt stated she felt Balboa Bay
another major concern was the proposed Clb /MOU
redevelopment of the facility, including
expansion of the hotel facilities, etc.
Bill Ray addressed the Council again and
asked for clarification of the motion
made by Mayor Pro Tem Sansone regarding
indemnification, to which Mr. Sansone
replied that in the event the City
cannot come to an agreement with the
Balboa Bay Club and the City has
negotiated in good faith, he wants the
City to be held harmless from any legal
actions against it by the Balboa Bay
Club.
The City Attorney interceded at this
time and advised that in the absence of
an MOU, the Council does not have the
authority to impose an additional
obligation upon the Bay Club separate
from the lease.
In view of the foregoing remarks, Mayor
Pro Tem Sansone deleted the last
sentence from his motion.
The motion, as amended, was voted on and
carried.
2. Report from Public Works concerning NB Central
NEWPORT BEACH CENTRAL LIBRARY - Library
ARCHITECT SELECTION. 1(50)
It was recommended by the Board of
Library Trustees that the City Council
approve the following actions:
1. Direct the staff to prepare a
contract for Council
consideration with the firm of
Simon Martin -Vegue Winkelstein
Moris, San Francisco, in
conjunction with James L.
Pirdy, Inc., Newport Beach,
for architectural services for
design of the new Central
Library, for a total cost for
architectural services
(including structural,
mechanical, and electrical
engineering, interior design,
and reimbursable expenses) of
$710,000. Also to be included
in the main contract will be
additional consulting
services, subcontracted by the
firm, including civil
engineering, landscape
Volume 43 - Page 497
r
�i
is
Motion
•
ICIL MEMBERS
x
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
architecture, and outside cost
estimated in the amount of
$80,000.
2. Direct that only the Schematic
Design Phase, at the fee of
$71,060 for basic
architectural services,
including basic consultants of
structural, mechanical,
plumbing and electrical
engineers; and approximately
$30,000 for subconsultant fees
and reimbursable expenses, be
undertaken at this time.
Charles Sword, Chairman of the Board of
Library Trustees, addressed the Council
and spoke in support of their recommenda-
tion to retain the architectural
services of Simon Martin -Vegue
Winkelstein Moris because of their
successful and recent experience in
library design; outstanding history of
bringing their projects in on or under
budget; and have an excellent record of
minimal change orders. In essence, the
Board feels the recommended firm will be
the most cost effective in the long run.
Lucille Kuehn, resident, addressed the
Council in support of the Board's
recommendation. She stated that she has
had the privilege and pleasure of
observing the Library Board the past
three years, and that their decision on
this issue was not arrived at "lightly.."
She was also in attendance at the Board
meeting when the two architectural
proposals were presented by the
respective firms. Certain members of
the Board have also, at their own
expense and time, made many site visits
to other library facilities designed by
the two named architectural firms. She
felt the Board is very dedicated to this
project; that they have studied both
proposals in detail; and she would urge
the Council approve the Board's
recommendation.
Council Member Turner stated he felt the
proposed site will be very expensive to
develop; the City has a "tight" budget
to work with; and he is concerned about
accepting the higher bid as recommended.
He has compared the proposals of both
firms and felt they are both qualified
to do the job, and taking into
consideration the approximate $65,000
Volume 43 - Page 498
NB /Central
Library
M
on
•
•
CITY OF NEWPORT BEACH
xlxIxIXIxIxIx
MINUTES
November 27, 1989
difference between the two proposals, he
therefore, moved to accept the bid of
WBE Architects and Planners.
Council Member Cox spoke against the
motion, stating he felt the Library
Board and staff have investigated this
matter thoroughly before making their
recommendation, and it was not up to the
Council to "second- guess" that
recommendation. He therefore, moved a
substitute motion to approve the Board's
recommendation, as set forth in their
staff report of November 13, 1989, which
motion carried.
J. CURRENT BUSINESS:
1. Report from Public Works Department
regarding NEWPORT BOULEVARD
WIDENING /CITY HALL PARKING (CONTRACT NO
2642).
Letter from Bill Bennett suggesting City
purchase property at 416 -424 32nd Street
for additional CITY PARKING.
Letter from Tom Walker concerning
ADDITIONAL PARKING FACILITIES FOR CITY
HALL.
The Public Works Director stated that as
requested by the City Council,
alternative actions are contained in the
staff report for this project as
follows:
Recommended action: Direct staff
to proceed with Newport Boulevard
widening project as currently
planned, including parking lot in
front of City Hall. If desired,
also direct staff to pursue a
future off - street parking project
involving construction of a parking
structure and /or acquisition of
additional property; and eventual
elimination of the parking lot in
front of City Hall.
Alternate Action:
(A) Alternate 1 (No parking in
front of City Hall)
Direct staff to:
Volume 43 - Page 499
NB /Central
Library
Npt B1 Wdng/
City Hall
Pkg C -2642
(38)
•
•
i
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
a. Begin negotiations to
lease property at 420
32nd Street (across from
Parks, Beaches and
Recreation);
b. Revise plans;
C. Apply for amendment to
Coastal Zone permit;
d. Prepare Budget Amendment
for $350,000;
e. Authorize a variance from
the City's off - street
parking standards to
allow backing into travel
lanes;
OR
(B) Alternate 2 (One row of
parking in front of City
Hall).
Direct staff to:
a. Begin negotiations to
redevelop front parking
lot at Via Lido Plaza;
b. Revise plans;
C. Apply for amendment to
Coastal Zone permit;
d. Prepare budget amendment
for $75,000;
e. Authorize a variance from
the City's off - street
parking standards to
allow backing into travel
lanes.
The Public Works Director advised that
additional discussions have been held on
variations of the above options
subsequent to the preparation of the
staff report which will be presented by
Don Webb, City Engineer. He recommended
the Council. approve the recommended
action for the reasons as enumerated on
Page 5 of the staff report.
Don Webb addressed the Council
referencing Alternative No. 1 (no
parking in front of City Hall), and
stated that in order to obtain the
Volume 43 - Page 500
Npt BI Wdngj
City Hall
Pkg
•
Motion
C J
x
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
additional parking spaces needed, they
Npt B1 Wdng
had originally shown angle parking on
City Hall
32nd Street which would provide some 49
Pkg
spaces (29 new spaces), plus parking on
Villa Way, and in the alley that is
serving the Bank of Newport. Also in
Alternative 1 is the recommendation to
lease the 5 lots on 32nd Street for
parking to create 24 spaces. It has now
been suggested that perhaps the City
does not need to lease the property on
32nd Street, but rather consider a
proposal whereby 10 to 15 employees
would take City vehicles home in lieu of
driving their own cars to work, and to
develop a plan with the Via Lido Plaza
to reconstruct and restripe their
parking lot on Newport Boulevard which
could create 11 parking spaces toward
satisfaction of the Coastal Commission
requirement.
It was pointed out that if revised
Alternative No. 1 is accepted by the
Council, Items (a) and (d) as noted in
the staff report would not be necessary.
In response to question raised by
Council Member Cox regarding the
feasibility of constructing a parking
structure for City Hall employees, Mr.
Webb stated that if Alernative No. 1 (as
revised) is approved, he would recommend
angle parking on 32nd Street for as
short a period as possible, and that
parking structure be constructed to
replace 32nd Street parking.
Council Member Cox stated that even
though the proposed parking layout may
accommodate the desires of some Council
Members, he was not sure the plan was a
"useful" one, and he would strongly hope
the Council actively pursues the issue
of a parking structure in the very near
short -term, and that this matter is not
put aside indefinitely, inasmuch as City
Hall parking is taken care of
temporarily.
Following discussion, motion was made to
approve the actions listed below:
1) Agreement with Via Lido Plaza
for 11 parking spaces,
including a landscaped buffer
area, with City's share not to
exceed $37,000.
Volume 43 - Page 501
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CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
2) Angle parking be installed pt Bl Wdng
along both sides of 32nd City Hall
Street, plus parking provided kg
on Villa Way and in the alley
serving Bank of Newport (if
needed).
3) Initiation of Air Quality
Transportation Plan whereby 10
to 15 employees will be
allowed to take City vehicles
home which are currently kept
overnight at City Hall.
4) Direct staff to look into the
City -owned parking lot on 30th
Street for alternate City Hall
parking if needed.
5) Direct staff to study the
long -range plans for City Hall
parking needs which could
include a parking structure on
Finley Avenue.
Council Member Hart clarified for the
record that the above action includes
approval of Items (b), (c) and (e) of
Alternative No. 1, and does not include
Items (a) and (d).
Mr. Webb stated that the subject action
is a significant change to what is
already included in the City's Coastal
Commission application, and therefore,
an amendment to that application is
required. Assuming there are no
negative responses to the changes, it
should not delay the project; however,
if there are negative responses, then a
public hearing will have to be held and
it could delay the project one to two
months. He stated that Council Member
Turner suggested a status report be
given to the Council in January, 1990.
Council Member Cox questioned why
reference was made in the motion to the
30th Street parking lot, as it was his
understanding parking in that structure
has already been "spoken for."
Mr. Webb replied that parking in the
30th Street lot is existing public
parking and the Coastal Commission would
not grant the City credit for the use of
that lot.
Volume 43 - Page 502
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0
All Ayes
Motion
All Ayes
0
3
CITY OF NEWPORT BEACH
MINUTES
November 27, 1989
The City Attorney pointed out that the
owner of the Pelican properties has an
option to February 1990 to apply for and
receive up to 46 in -lieu spaces for
nighttime parking only.
Russ Hardt, representing Fritz Duda
Company, addressed the Council regarding
the feasibility of providing 11 parking
spaces in the Newport Boulevard parking
lot of Via Lido Plaza, and stated that
one of the problems they have had since
the restriping of the lot was the
interdisbursement of compact stalls with
standard stalls, and he felt that by
going to 90° angle parking will aid
circulation greatly and will allow them
to reconfigure the lot that gets used
most heavily. An advantage of
restriping is the landscaped buffer
which will be approximately 8 feet in
width.
Mr. Hardt indicated the cost of
reconstructing the parking lot was
estimated to be $80,000 to $90,000 and
asked if the maximum City contribution
could be increased to $45,000, to which
Council Member Hart indicated she had no
objections and amended her motion to
reflect same.
The motion made by Council Member Hart,
as amended, was voted on and carried.
2. Report from the City Manager regarding
CIRCULATION BUILDOUT AD HOC COMMITTEE.
Motion was made to adopt Resolution
No. 89 -136, establishing Circulation
Buildout Ad Hoc City Council Committee,
and defer the appointments to December
11, 1989.
Meeting Adjourned at 11:08 p.m.
,t *� *�a•,t,t,t ,t*
The agenda for this meeting was
posted on November 22, 1989, at
4:45 p.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
Mayor
rculation
1d Hoc Cmte
(24)
Res 89 -136