HomeMy WebLinkAbout07/22/1991 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMKRS REGULAR COUNCIL MEETING MINUTES
\ � \\ 1ers
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DATE: Council . 199
ROLL Cfl \\
INDEX
Joys Crigliano, Branch Manager for Wells Fargo
Bank, presented an oil painting by Artist,
Frank Kallik to Mayor Sansone for the City's
permanent art collection.
The 1991 -92 CULTURAL ARTS GRANTS were
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presented by Marilee Stockman, Chairperson of
the Arts Commission.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. Reading of Minutes of Meeting of July 8,
All Ayes
1991, was waived, approved as written,
and ordered filed.
Motion
x
C. Reading in full of all ordinances and
All Ayes
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Sansone opened the continued
Ord 91 -28
public hearing regarding:
Zoning
(94)
ORDINANCE NO. 91 -28, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING DISTRICTING MAPS NOS. 6
AND 23 SO AS TO RECLASSIFY
PROPERTY LOCATED IN THE R -4
DISTRICT TO THE P -C DISTRICT;
REMOVING THE SPECIFIC PLAN
DESIGNATION FROM THE SITE; AND
ADOPTING PLANNED COMMUNITY
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DISTRICT REGULATIONS AND
DEVELOPMENT PLAN ON PROPERTY
COMMONLY KNOWN AS THE BALBOA BAY
CLUB, AND THE ACCEPTANCE OF AN
ENV33LONMENTAL DOCUMENT [PLANNING
COMMISSION AMENDMENT NO. 739];
PCA 739
AND
USE PERMIT NO. 3422 - A request of
U/P 3422
the BALBOA BAY CLUB to allow hotel
and restaurant uses in conjunction
with the redevelopment of the
Balboa Bay Club;
AND
TBAFFIC STUDY NO. 75 - A request
Traffic
by INTERNATIONAL BAY CLUBS, INC.,
Study No.!
to approve a Traffic Study in
conjunction with the redevelopment
of the Balboa Bay Club.
Report from the Planning
Department.
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wnlann 45 _ Ra on 997
COUNCIL MEMBERS
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CITY OF- NEWPORT BEACH
MINUTES
July 22, 1991
INDEX
Letters in support from Philip H. Balboa Bay
McNamee, Mr. and Mrs. A. P. Miller, Ralph Club
Berke, Don E. Olson, John A. Miller, Tom
Fleming, Jim Roberts, Nelly Kelly, and
Loren K. Wake; and letters in opposition
from Dorothy Usedom, Ronald W. and
Corrine E. Saurer, Iris M. and W. Glenn
White, Susan and Gary Zimmerman, Donald
L. Burdorf, Betty Martin, Mr. and Mrs.
Tom Hanks;, Gene A. Sullivan,; and
telephone calls in opposition from
Claudette Buckley, and Joleen Hanks.
Letter from Mike Soucek, suggesting a
ballot initiative for final resolution
of the Balboa Bay Club redevelopment.
Letter from Joe and Judy Roesner with
suggestions for alternative proposals.
The City Clerk advised that after the
agenda was; printed, approximately 25
letters were received in favor of the
proposed project, and approximately the
same amount in opposition.
The City Clerk further reported that a
letter had just been received this
afternoon from William Ray, Chairman of
the Board, Balboa Bay Club, requesting
this public hearing be continued to
August 12, 1991, in order for the
proponents to effectively respond to
issues raised by Bayshores and
Cliffhaven Community Associations.
Dennis O'Neil, Attorney for the Balboa
Bay Club, addressed the Council
regarding their request for continuance.
He stated that while they have
diligently met and made specific
modification proposals in their attempt
to gain the total support of the two
affected homeowner groups, the late
timing of the original objections raised
just prior to the July 8 meeting, and
the subsequent delay of two weeks since
the last hearing, has proven
insufficient to effectively communicate
with the association's membership. He
summarized the number of meetings and
discussions held since the July 8
Council meeting with the homeowner
associations representatives, staff and
economic consultants, and concluded that
the design suggested by Cliffhaven and
Bayshores resulting in a loss of 57
rooms was just not economically
feasible. He stated that a counter-
proposal was presented to the homeowner
groups, suggesting a 21 -room reduction,
moving the service drive over 35 feet
onto the Bay Club property, and reducing
the height of the free - standing
recreation facility at its highest
point. However, the counter - proposal was
not acceptable to the two groups, and as
a result, the Bay Club is requesting a
continuance to redesign the project. He
urged the Council to not act on the
project at this time as many of their
technical consultants, and supporters
are not in attendance.
Volume 45 - Page 228
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\ July 22, 1991
ROLL CRLL \
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In response to question raised by Mayor
Pro Tem Turner regarding the requested
date of August 12 for continuance, Mr.
O'Neil commented that they have no
objection to continuing the hearing for
90 days if that is the desire of the
Council.
Mayor Sansone advised that he has
received a number of telephone calls (in
addition to letters) expressing
overwhelming opposition to the Bay
Club's project, and have asked him why
is the project so big, and why does it
have to be a 50 million dollar
development? He stated these same
individuals are also strongly opposed to
the City Council extending the lease
with the Balboa Bay Club for another 50
years.
Mr. O'Neil. responded that the proposed
project, in order to be a sound economic
investment, must remain in size to some
degree. He stated they have attempted
to work with City staff to come up with
a plan that would be acceptable to the
City in general, and they thought that
by reducing the height of the
recreational facility, reducing the
number of hotel rooms, and moving the
service driveway over, that they had
responded to a number of the concerns
expressed during their discussions with
the two groups. As to their lease with
the City, he stated they may not request
a 50 -year term, it could be for only 30
or 40 years as they are unsure at this
point. They are trying to prepare a
project that satisfies the City's
development standards.
Council Member Hart stated that the
"discontent" being heard from the public
is not just from residents of Bayshores
and Cliffhaven. She stated this is not
a "well- received" project. She felt the
development needs a major redesign
because of its bulk and mass being too
high and the lack of open space going
through the project. She also indicated
it needs to be the type of development
that will get the voters support to
extend the lease over 25 years.
Kevin Green, 2451 Marino Drive,
President, Bayshores Community
Association, addressed the Council and
discussed the recent meetings held with
the staff and representatives of the
Balboa Bay Club, and advised that they
have been unable to reach a compromise.
He stated that their Board is still
opposed to the project; however, they
are not opposed to continuing the public
hearing as requested.
Volume 45 - Page 229
MINUTES
t�
Balboa Bay
Club
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\s � \ \�� July 22, 1991
ern rai
MINUTES
TNfrY
Bill Hart, 2451 Bayshore Drive,
Balboa Bay
addressed the Council and stated that
Club
the height of the project is one of
about eight considerations, and the 26
foot height limit is a result of
discussions: with architects, planners
and Bayshore residents. With respect to
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continuing the hearing, he stated that
if this project is ever "going to fly,"
there will have to be a major redesign.
He felt this matter should go back to
the drawing board and Planning
Commission because the more the public
is aware of the details of the project,
the more it is disliked.
The City Attorney advised that the
Council has four options at this time,
i.e„ 1) approve the project; 2) deny
the project, 3) continue the public
hearing; or 4) table the issue. With
respect to the lease, and the City's
obligation to the Bay Club, he stated
the lease provides that the City and Bay
Club cooperate in the development of a
master plan for the site, providing
three pre - conditions are met. Once that
has occurred, the City has the
obligation to consider, but not
necessarily approve, a request on the
part of the Bay Club for an extended
lease.
Susan Legrander, 507 Kings Place,
representing Cliffhaven Community
Association, addressed the Council and
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stated they are not opposed to
continuing the public hearing if it will
result in addressing all of the issues
of concern. They are in concurrence
with the recommendations of the
Bayshores Community Association
regarding the project.
Kotion
x
Following comments by various Council
Members regarding the request for
continuance, motion was made by Council
Member Cox to continue this public
hearing to October 28, 1991.
Motion
x
Substitute motion was made by Council
Member Hart: to close the public hearing
and deny the project.
Council Member Hart indicated she made
the substitute motion, inasmuch as the
project has not been well- received in
the community due to increased traffic,
height, bulk and mass. She stated if
the substitute motion passes, it will
give the Balboa Bay Club an opportunity
to continue with the Club portion until
the year 2011, or come back to the
Council with a smaller project.
Discussion ensued, wherein views were
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expressed by Council Members who were
not supportive of the project as
presented, as well as those Council
Members who favored the request for a
continuance.
o..i...... ee _ n... -., won
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Motion
All Ayes
we-Fl, T. 13 rl::3
xixIx IxI x
CITY OF NEWPORT BEACH
July 22, 1991
The City Attorney commented that the
Council heard testimony on the Bay Club
proposal for over a span of 3 hours on
July 8, as well as additional testimony
this evening. He stated that numerous
documents have been prepared relative to
the project; there have been proposed
changes made to the Club's plan due to
community input; and as a result, he
felt the Council was within their right
to take action on the project. He
advised that the Bay Club still has the
opportunity to go back and redesign the
hotel and other structures on the site,
as well as consider other uses.
Mr. O'Neil. addressed the Council again
regarding the substitute motion to deny
the project, and stated that even though
the last public hearing included over 3
hours of testimony, since that time the
project has been redesigned as cited
earlier in this meeting. Inasmuch as
both affected homeowner groups are not
opposed to a continuance, he felt the
Bay Club's request should be granted.
He also pointed out that it was only 1-
1/2 months ago that the Planning
Commission unanimously approved their
project. He stated that if the
substitute motion carries, he felt the
Bay Club has been denied a fair hearing,
inasmuch as they have been unable to
present their revised plan.
The substitute motion was voted on and
carried.
2. Mayor Sansone opened the public hearing
regarding PLANNING COMMISSION AMENDMENT
NO. 740 - A request by NEWPORT PLACE
DEVELOPMENT CORP., to amend the Newport
Place Planned Community District
Regulations to reduce the current
allocation to retail square footage and
increase the allocation to office square
footage in Professional and Business
Offices Site No. 5.
Report from the Planning Department.
It was noted that if approved, the
subject application will allow the
occupancy of more existing floor area by
office uses in Professional and Business
Offices Site No. 5 of the Newport Place
Planned Community. On June 6, 1991, the
Planning Commission reviewed this
application and recommended approval to
the City Council.
Mr. Bob Alleborn, Newport Place
Development Corporation, addressed the
Council and stated he was available for
questions.
Hearing no one wishing to address the
Council, the public hearing was closed.
Notion vast made to adopt Resolution No.
91 -83, amending the Newport Place
Planned Community changing the retail
and office allocations in Professional
and Business Offices Site No. 5.
Volume 45 - Page 231
MINUTES
Balboa Bay
Club
PCA 740
Zoning
Npt PI
(94)
Res 91 -83
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CR \ July 22, 1991
MINUTES
11FOWN
3. Mayor Sansone opened the public hearing
Ord 91 -29
regarding proposed ORDINANCE NO. 91 -29,
Zoning
being,
(94)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE NEWPORT
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BEACH MUNICIPAL CODE SO AS TO
ALLOW SKYLIGHTS AND ROOF WINDOWS
TO EXCEED THE ALLOWABLE BUILDING
HEIGHTS (PLANNING COMMISSION
PCA 734
AMENDMENT NO. 734).
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was
received from Richard H. Dodd, AIA, in
support of the proposed ordinance.
The City Manager advised that the
proposed amendment would permit a
skylight of 6 inches in height to exceed
the basic height limit of 24 feet as
shown on the sketch distributed by the
Planning Ilirector. The amendment was
approved by the Planning Commission (5
ayes, 2 noes) on June 6, 1991.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Notion was made to adopt Ordinance No.
Ayes
x
x
x
x
x
x
91 -29.
N40
x
4. Mayor Sansone opened the public hearing
Fire /Weed
concerning adoption of resolution
Abatement
confirming the Report of the Fire Chief
(41)
and the cost of WEED ABATEMENT AND OTHER
NUISANCES.
Report from the Fire Chief.
It was pointed out that all affected
property owners were notified of this
hearing by mail. Reference was made to
a list of the eight (8) parcels cleaned
and the respective charges, which will
be forwarded to the County Auditor to
enter the amounts of the assessments on
the County tax roll.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Notion was made to adopt Resolution No.
Res 91 -84
All Ayes
91 -84 confirming the cost of the
abatement of weeds and other nuisances,
and requesting the Auditor - Controller of
Orange County to enter the amount of
each assessment referred to in said
report on the County Tax Roll.
•
5. Mayor Sansone opened the public hearing
PD /Towing
regarding request of LAKESIDE TOWING
Lakeside
SERVICE for Certificate of Convenience
(70)
and Necessity to operate ten (10) tow
trucks.
Report from the Business License
Supervisor.
V�l..mn AS - Donn 999
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
R()I I C \ \ \�r\\ July 22, 1991
MINUTES
INDEX
The City Manager commented that
investigation of the subject application
indicates Lakeside Towing Service meets
the requirements of the Municipal,
California Vehicle, and Administrative
Codes. The rates proposed to be charged
are approximately 16% higher than the
rates approved for the two police tow
companies that are commensurate with the
rates charged by other non - police tow
truck operators currently licensed by
the City.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to approve the subject
All Ayes
request of Lakeside Towing Service,
subject to the condition that their
proposed rate schedule be reduced to
reflect the same rates as what is
currently being charged by the City's
two official police tow companies.
6. Mayor Sansone opened the public hearing
Taxi
concerning requests of:
(27)
ORANGE COUNTY TAXI - to increase
0/C Taxi
the taxicabs by four (4); and WEST
W.C. Trans
COAST TRANSPORTATION NETWORK - to
Network
substitute seven (7) and increase
by eight (8) the number of
taxicabs they are authorized to
operate in the City.
Report from the Business License
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Supervisor.
The City Manager reported that evidence
has been received since the placement of
these two applications on the agenda
that both companies are operating in
violation of Municipal Code requirements
relating to the names, color schemes and
rates that are being charged, and it is
therefore, recommended the public
hearing for these two companies be
continued until August 26, 1991 in order
to pursue an investigation.
Motion
x
Hearing no one wishing to address the
All Ayes
Council, motion was made to continue
this public hearing to August 26, 1991.
E. PUBLIC COMMENTS:
None.
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Volume 45 - Page 233
CITY OF NEWPORT BEACH
01;4;024
ROLL \ILL July 22, 1991
MINUTES
1121 30
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on August 12, 1991:
(a) Proposed ORDINANCE N0. 91 -32,
Ord 91 -32
being,
Sale of
Firearms
AN ORDINANCE OF THE CITY COUNCIL
(27)
OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.80 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE RETAIL SALE OF
FIREARMS. [Report from the
Business License Supervisor]
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 91 -85 authorizing
Assessment
the issuance of bonds, approving
Dists 59 /PC
forms of bond indentures, bond
61/62/65
purchase contract and preliminary
official statement in ASSESSMENT
Bonds
DISTRICT NOS. 59, 60, 61, 62 AND
Res 91 -85
65; and authorize the Finance
(89)
Director to execute the bond
indentures and the bond purchase
contract. [Report from the Public
Works Department]
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
Ralph Andex
•
to execute a Professional Services
son /Prof
Agreement with Ralph Anderson 6
Sry Agm
Associates in the Amount of
C -2872
$13,500. [Report from the City
(38)
Attorney]
(b) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action).
(c) Authorize the Mayor and City Clerk
Doyle/
to execute LEASE BETWEEN THE CITY
Borchers L:
OF NEWPORT BEACH AND BUELAH DOYLE
38th /Lake
AND BEVERLY BORCHERS for lot at
C -2873
38th and Lake Streets. [Memorandum
(38)
from Deputy City Manager]
4. COMMUNICATIONS - For referral as
indicated:
(a) To Police Department for response,
PD
request from Earl V. Nellesen for
(70)
enforcement of ordinance
PROHIBITING ALL DOGS FROM OCEAN
FRONT SIDEWALKS AND BEACHES
between June 15 and September 15
annually.
•
(b) To Police Department for reply,
letter of complaint from Jim
PD
(70)
Fournier concerning CITATION
RECEIVED while employed by the
Balboa Market as a parking lot
attendant.
AS - Deee 91A
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL C \ \ \\ � \\ July 22, 1991
5. COEMMICA71ONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Thomas F.
Riley in answer to Ms. Leota M.
• Hill's concern over WASTE
COLLECTION FEES being assessed
according to the volume of refuse
generated.
6. CTA FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Baxter- Griffith Company seeking
indemnity from claims sustained in
1990 at Jamboree Road and Pacific
Coast Highway and filed by
Urla.kis, Cannon, Chatlin,
Rickerson, Ethington, Garlich, and
Wintle.
(b) Robert Bize /State Farm Insurance
Company alleging inadequate
signing caused 4- vehicle collision
at Ford Road on May 28, 1991.
(c) William Phalan dba Carnation
Condominium Association, etc.,
seeking indemnity from claims
filed against them by Leslie W.
and Lisa Clemmer regarding
accident on November 8, 1989 at
311 Carnation Avenue.
• (d) J. Edwin Richards/Fireman's Fund
Ins., Co., alleging light sequence
at traffic signal caused accident
at intersection of Irvine Avenue
and 17th Street on May 29, 1991.
(e) Jason R. Saint Pierre alleging his
vehicle towed from Prospect and
Seashore on July 7, 1991 due to
nonvalid drivers license which
claimant states he has in his
possession.
(f) Hazel M. Shilling alleging
personal injuries as a result of
fall due to raised sidewalk at
beac'hfront walkway adjacent to 540
S. Bay Front on June 18, 1991.
(g) Paulette Specht alleging personal
injuries as a result of fall into
large pothole at parking lot
adjacent to Newport Harbor Elks
Club on June 15, 1991.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
• None.
Volume 45 - Page 235
MINUTES
(36)
Baxter -
Griffith
Bise /State
Farm Ins
Phalen/
Carnation
Condo Aso
Richards/
Fireman's
Fnd Ins
Saint
Pierre
Shilling
Specht
�i, iarr�
CITY OF NEWPORT BEACH
July 22, 1991
MINUTES
(62)
I- 12/I -14
& I -15
(69)
Arts
(24)
(50)
Library
(50)
(40)
8. REQUEST 'TO APPROVE/FILL PERSONNEL
VACANCIES: [Report from the City
Manager]
(a) Two Main. Worker II's, General
Services Department.
•
(b) One Admin. Clerk, Library
Department.
(c) One Police Dispatcher, Police
Department.
(d) One Secretary, Planning
Department.
(e) One Admin. Analyst, General
Services Department.
(f) One Custody Officer, Police
Department.
(g) One Parking Control Officer,
Police Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar
(refer to agenda item G. 3 for
Council action).
(b) Report regarding COMMEMORATIVE
FLAGPOLE PROJECT from the
Bicentennial of the U.S.
•
Constitution Committee.
(c) Report from the Parks, Beaches and
Recreation Director recommending
adoption of COUNCIL POLICIES I -14,
CO- SPONSORED EVENTS, I -15, PARK
IMPROVEMENT DONATIONS, AND I- 12 -12,
PRESERVATION OF VIEWS.
(d) Report from the Arts Commission
recommending acceptance of
DONATION OF ART from Wells Fargo
Bank painting by Artist, F.
Kallik.
(e) Memorandum from Newport Beach
Public Library Board requesting
the City Council accept GIFT OF
$3,670 FROM THE FRIENDS OF THE
NEWPORT BEACH PUBLIC LIBRARY for
appropriation to funds listed in
the memorandum.
(f) Memorandum from Newport Beach
Public Library Board requesting
the City Council accept GIFT OF
$10,000 FROM CALLY DESIGN
RESEARCH, INC., for appropriation
to fund listed in the memorandum.
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(g) Letter from Finance Director with
FINANCIAL STATEMENT FOR FISCAL
YEAR ENDING JUNE 30, 1990.
Volume 45 - Page 236
MINUTES
(62)
I- 12/I -14
& I -15
(69)
Arts
(24)
(50)
Library
(50)
(40)
CITY OF NEWPORT BEACH
e: i1.01j>l ;- 3- W1'73ZA
�� July 22, 1991
ROLL CF L
MINUTES
INDEX
(h) Letters signed by Mayor Sansone to
Legislatior
Senator Marian Bergeson and
(48)
Assemblyman Gil Ferguson
requesting they support State
legislation REQUIRING THE USE OF
BICYCLE BELMETS FOR CHILDREN
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FIFTEEN YEARS OF AGE OR YOUNGER.
(1) 1991.92 CULTURAL ARTS GRANTS -
Budget
Approve recommendation in staff
(40)
report for subject Cultural
Grants. [Report from the Arts
Commission]
For Council information and filing:
(j) Removed from the Consent Calendar
(refer to agenda item G. 1 for
council action).
10. PIIBLIC HEARING SCHEDULING - August 12,
1991:
(a) Request of DR. TOW AND AUTOMOTIVE
PD /Towing
SERVICE FOR CERTIFICATE OF
(70)
CONVENIENCE AND NECESSITY,
pursuant to Newport Beach
Municipal Code Section 5.13.
[Memorandum from Business License
Supervisor]
(b) Refer to report w /agenda item F-
9(a)•.
11. HUMAN SERVICES ORGANIZATION ASSISTANCE
REQUESTS - If desired, approve grants as
Budget.-
(40)
•
follows: [Memorandum from the City
Manager]
'
Harbor Area Adult Day Care
Center $5,000
Y.E.S. Harbor Area 3,000
Olive Crest 4,000
Newport -Mesa YMCA 11,000
S.P.I.N. 2.000
$25,5,000
12. RESOLUTION NO. 90- 116/DECLARATION OF
Fire /Buck
PUBLIC NUISANCE - If desired, direct the
Gully
Fire Department to not abate the fuel
(41)
load pursuant to Council Resolution No.
90 -116; and direct the Fire Department
to continue to advise and assist BUCK
CULLY AND MORNING CANYON property owners
who want to reduce the fuel load on
their property. [Report from the Fire
Chief]
13. TRACT NO. 11937 - Approve the
Tract 1192'
improvement- plans and specifications and
accept the public improvements
constructed in conjunction with Tract
No. 11937; authorize the City Clerk to
release the Faithful Performance Bond
(Bond No. 5241- 22 -11); and release the
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Labor and Materials Bond (Bond No. 5241-
22-11) in ::ix months provided no claims
have been filed. [Report from the
Public Works Department]
•
Motion
All Ayes
Motion
All Ayes
x
CITY OF NEWPORT BEACH
\ \\ July 22, 1991
x
14. WIDENING OF COAST HIGHWAY/BAYSIDE DRIVE
TO MACARTHUR BOULEVARD (CONTRACT NO.
2703 S CONTRACT NO. 2711); FEDERAL AID
URBAN PROJECT - Accept the work; and
authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after Notice of Completion
has been recorded in accordance with
applicable sections of the Civil Code.
[Report from the Public Works
Department]
15. ACCEPTANCE OF THE WORE. FOR THE
CONSTRUCTION OF METROPOLITAN WATER
DISTRICT SERVICE CONNECTION AT BONITA
CREEK PARE. (CONTRACT NO. 2697 -B) -
Accept the work and authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after the
Notice of Completion has been recorded
in accordance with applicable portions
of the Civil Code. [Report from the
Public Works Department]
MINUTES
Wdrg
/2711
(38)
Bonita Crk
Prk /MWD Cnc
C- 2697(B)
(38)
16. MCFADDEN PLAZA AND NEWPORT PIER IISH McFdn Plza
POLICY (PROPOSED COUNCIL POLICY L-15) - Npt Pr Use
Defer action to meeting of Cncl Plcy'
August 12, 1991. [Memorandum from the (69)
Public Works Department]
17. BUDGET AMENDMENTS - For approval: 1(40)
BA -008, $3,670 - Increase in Budget
Appropriations and increase in Revenue
Estimates to provide for Donation from
Friends of the Newport Beach Public
Library for Children - $2,670 and Adults
- $1,000; Library Fund. [Refer to
report w /agenda item F -9(e)]
BA -009, $10,000 - Increase in Budget
Appropriations and increase in Revenue
Estimates to provide for Donation from
Calty Design Research for purchase of a
special collection of books on
automobiles; Library Fund. [Refer to
report w /agenda item F -9(f)]
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report to the City Manager regarding Planning
Planning Commission Agenda for July 18, (68)
1991.
Notion was made to schedule public U/P 3423
hearing on August 12, 1991 on Use Permit
No. 3423, 2308 Cliff Drive, between
Aliso and Fullerton Avenues, Newport
Heights (Applicant, Don Hinshaw).
Notion was made to schedule public U/P 3420 4
hearing for August 12, 1991 on Use PCA 737
Permit No. 3420 and Resubdivision No.
957, 208 -210 Carnation Avenue, Corona
del Mar, between Seaview Avenue and
Ocean Boulevard (Applicant Lloyd
Rasner); and schedule public hearing for
August 26 - Planning Commission
Amendment No. 737 on Lots 4 -190, Tract
No. 1237 City of Newport Beach's request
to amend Title 20 of the Newport Beach
Municipal Code so as to establish new
building standards for the Corona
Highlands residential area.
Volume 45 - Page 238
1 1
Mot n
A s
Motion
All Ayes
•
Motion
All Ayes
�, � is c a•�
x
X
CITY OF NEWPORT BEACH
MINUTES
July 22, 1991
2. Report from the Public Works Department
Oasis Impry
recommending the Mayor and City Clerk be
Human Sry
authorized to execute and award Contract
Bldg
No. 2773 to Clayton Engineering, Inc.,
C -2773
in the amount of $753,150 for the base
Modification
bid and Alternate Bid Item No. 2
(38)
(folding partitions in the existing
(94)
multi- purpose room) for OASIS
IMPROVEMENTS (HUMAN SERVICES BUILDING);
make and adopt findings that the lowest
monetary bidder for Contract No. 2773,
Jevon Construction Co., Inc., of Los
Angeles, is not the lowest responsible
bidder in the sense the word
"responsible" means having the quality,
fitness, and capacity to satisfactorily
perform the work; reject the bid of
Jevon Construction Co., Inc.; find that
the bid of Jevon Construction Co., Inc.,
is not responsive in that the bid bond
did not meet the contract requirements;
allow Jevon Construction Co., Inc., to
Ord 91 -31
withdraw its bid on the grounds that a
Police
clerical error was made in its bid; and
Response/
authorize the return of its bid bond.
Noisy
The City Attorney suggested that
sentence l.a. of the recommendation in
the staff :report be changed to read as
follows: "Allow Jevon Construction Co.,
Inc. to withdraw its bid and make the
findings specified in paragraph 1 of the
memo of the City Attorney.
There were no objections to the
foregoing, and motion was made to
approve the recommended action
enumerated in the staff report.
3. Report from the Planning Department
Modification
regarding request of Mayor Sansone to
3864
call -up MODIFICATION NO. 3864 FOR CITY
(94)
COUNCIL REVIEW on August 12, 1991
(request of Ken and Mary Rouse who
reside at 522 Seaward Road in Corona
Highlands); approved by the
Modifications Committee on July 2, 1991.
Ken Rouse, applicant, 522 Seaward Road,
addressed the Council; described his
project; and requested it be approved at
this time rather than scheduled for
public hearing on August 12, 1991.
Motion was made to schedule public
hearing on. MODIFICATION NO. 3864 for
Council review. on August 12, 1991.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 91 -31, being,
Ord 91 -31
Police
AN ORDINANCE OF THE CITY COUNCIL
Response/
OF THE CITY OF NEWPORT BEACH
Noisy
AMENDING SECTION 10.58.030 OF THE
NEWPORT BEACH MUNICIPAL CODE
parties .
RELATING TO POLICE RESPONSE TO
(70)
NOISY PARTIES AND EVENTS.
Recycled report dated July 8, 1991, from
the Assistant City Attorney.
Notion was made to adopt Ordinance No.
91 -31.
Volume 45 - Page 239
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL Cfl \\ \gam \\ July 22, 1991
E
0
MINUTES
Volume 45 - Page 240
INDEX
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
None.
Meeting adjourned at 8:50 p.m., in memory of
Harbor Municipal Court Judge Calvin P.
Schmidt, long -time resident of Newport Beach,
who passed away on July 18, 1991.
* * * * *I: * * * * * * *
The agenda for this meeting was posted
on July 18, 1991 at 8:10 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
r
C
Mayor
ATTEST:
City Clerk
O e
lb Z
$eK
CqG/ .0 1k , to
Volume 45 - Page 240
INDEX