HomeMy WebLinkAboutC-2591(C) - Pacific Coast Highway Highway Widening, Newport Boulevard to Highland StreetCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
(714) 644 -3005
DATE: September 12, 1989
SUBJECT: Contract No. 2591(C)
Description of Contract Amendment to Cooperative Agreement
for Design of Pacific Coast Highway Widening Project between
Newport Boulevard and Highland Street
Effective date of Contract July 10, 1989
Authorized by Minute Action, approved on July 10, 1989
Contract with Department of Transportation
Address District 12, 2501 Pullman Street
Santa Ana. CA 92705
Amount of Contract (See Agreement)
"s 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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July 10, 1989
CITY COUNCIL AGENDA
ITEM NO. F-3(e)
CY 7P' `.ITY COUNCIL
CITY 01 AEWPOHT 3EACI:
T0: CITY COUNCIL JUL 10 1989 APPROVED
FROM: Public Works Department
C- 25w (C)
SUBJECT: AMENDMENT TO COOPERATIVE AGREEMENT FOR DESIGN OF PACIFIC COAST HIGHWAY
WIDENING PROJECT BETWEEN NEWPORT BOULEVARD AND HIGHLAND STREET
RECOMMENDATIONS:
1. Approve Amended Cooperative Agreement No. 3727 A -2.
2. Authorize the Mayor and City Clerk to execute the amended
agreement.
DISCUSSION:
On June 27, 1986, the City and Caltrans entered into a Cooperative
• Agreement to share the engineering design cost for the widening of Pacific Coast
Highway between Newport Boulevard and Highland Street. This agreement was
amended on June 27, 1988, to increase the State's maximum obligation.
Various design changes have resulted in an increase in the engineering
costs. This amendment will increase the State's maximum obligation from
$600,000 to $700,000. The engineering design has been sufficient to cover the
State's share.
Benjamin B. Nolan
Public Works Director
DCS:so
•
STATE OF CALIFORNIA— BUSINESS AND TRANSITION AGENCY • GEORGE DEUKMERAN, Cowmr
DEPARTMENT OF TRANSPORTATION
DISTRICT 12 �-
2501 PULLMAN STREET
SANTA ANA, CA 92705
Tel. (714) 724 -2010
September 8, 1989
Mr. Benjamin Nolan
Director of Public Works
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Attention: Horst Hlawaty
Dear Mr. Nolan:
Subject: Executed Cooperative Agreement No
12 -ORA -1 19.8/21.3
From Newport Blvd.to
Highland St.
12208 - 023761
Category: 352
3727 A -2
Transmitted herewith for the city's files is a copy of fully
executed Amendment No. 2 to the Cooperative Agreement No. 3727
(Document No. 5770) between the State and City of Newport Beach
which provides for a maximum increase in State contribution to
$700,000.
We thank you for your cooperation in the processing of this
amendment.
If you have any questions concerning this Agreement, please
contact Les Brooks at (714) 724 -2135.
Sincerely,
SID L. EL CKS
Deputy District Director
District 12
Enclosures
c - '?-s9/ (6)
12 -ORA -1 19.8/21.3
In Newport Beach form Newport
Boulevard to Highland Street
12208 - 023761
District Agreement No. 3727A -2
AMENDMENT TO AGREEMENT
THIS AGREEMENT, ENTERED INTO ON V ULYIO , 19$9 , is
between the STATE OF CALIFORNIA, acting by and through its
Department of Transportation, referred to herein as STATE, and
CITY OF NEWPORT BEACH
a body politic and a municipal
corporation of the State of
California, referred to herein
as CITY
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RECITALS
1. The parties entered into an AGREEMENT No. 3727 (Document
No. 5770) on June 27, 1986, and an AMENDMENT to AGREEMENT No. 3727
A -1 on June 27, 1988, said AGREEMENTS defining the terms and
conditions of a cooperative project to prepare the Plans,
Specifications and Estimate for the widening of Pacific Coast
Highway in Newport Beach between Newport Boulevard and Highland
Street referred to herein as the PROJECT.
2. Said AGREEMENTS set the STATE's total project obligations
at $600,000 and it is now determined that the STATE's total project
obligation will exceed that amount.
IT IS THEREFORE MUTUALLY AGREED:
1. That the STATE's total obligations as specified in Section
III, Article 2 of the original agreement shall now not exceed the
amount of $700,000.
2. The other terms and conditions of said AGREEMENT (Document
No. 5770) shall remain in full force and effect.
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3. This AMENDMENT to AGREEMENT is hereby deemed to be part
of Document No. 5770.
STATE OF CALIFORNIA
Department of Transportation
ROBERT K. BEST
Director of Transportation
m
KEITH E. Mc EAN
District Director
District 12
Approved as to Form
and Procedure
W&,- m�E
Attorney
Department of Transportation
CITY
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Attest:
Approved as to Funds
and Procedure
Accounting O ficer
District 12
3
Mayor
off r� .
roved as to form
City Attorney
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\11\\\6 9any I f�tA
Present x x x x x x
Motion x
All Ayes
Motion x
Ayes x x x x x
Abstain x
Motion x
All Ayes
Motion
All Ayes
x
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 10, 1989
x A. ROLL CALL.
B. Reading of Minutes of Special Council
Meeting of June 21, and Regular Meeting
of June 26, 1989, was waived.
Motion was made to approve Minutes of
Special Meeting of June 21, 1989, and
order filed.
Motion was made to approve Minutes of
x Regular Meeting of June 26, 1989, and
order filed.
C. Reading of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
I
None.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -70 authorizing
the submittal of an application to
the State of California Department
of Transportation (Caltrans) for
the CONSTRUCTION OF STREET
IMPROVEMENTS TO IRVINE AVENUE AND
22ND STREET in Newport Beach; and
also authorizing the City Manager
or his designee to make the
application and act as a City
contact person. (Report from
Public Works Department)
C n ED AS TRU ND ,,eqRRECT COPY
CITY CLERIC Of THE CITY OP NEW E'C',- -
cA,c, - /
Volume 43 - Page 271
MINUTES
�lFUA�
Irvine Ave/
22nd St
Imprvms/
CALTRANS
Res 89 -70
(74)
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July 10, 1989
(b) Resolution No. 89 -71 authorizing
the submittal of an application to
the State of California Department
of Transportation (Caltrans) for
the resurfacing of Irvine Avenue
from 15th Street to 22nd Street;
and also authorizing the City
Manager or his designee to make the
application and act as a City
contact person. (Refer to report
w /agenda item F -2(a))
(c) Removed from the Consent Calendar.
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
(f) Removed from the Consent Calendar.
(g) Resolution No. 89 -76 of INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN P.E.R.S. AND THE CITY
COUNCIL of the City of Newport
Beach. (Memorandum from Personnel
Director)
Irvine Ave/
15th -22nd
Imprvms/
CALTRANS
Res 89 -71
(74)
Personnel/
P.E.R.S.
Amnd'89 -90
Res 89 -76
(66)
(h) Resolution No. 89-77 establishing Personnel/
the SALARIES OF THE CITY MANAGER, C /Mgr /Atty/
CITY ATTORNEY AND CITY CLERK for CClerk
the 1989 -1990 fiscal year and 189_go
amending the classification and Salaries
compensation plan to reflect said Res 89 -77
changes. (66)
3. CONTRACTS /AGREEMENTS:
(a) Approve TENTATIVE AGREEMENT WITH INB Empl Lg/
NEWPORT BEACH EMPLOYEES LEAGUE NBEL'89 -90
(NBEL) CONTRACT 2065 FOR FISCAL C -2065
YEAR 1989 -90. (Memorandum from (38)
City's Negotiating Team)
(b) Approve TENTATIVE AGREEMENT WITH NB Empl Asn
NEWPORT BEACH EMPLOYEES ASSOCIATION NBEA'89 -90
(NBEA) CONTRACT 2059 FOR FISCAL C -2059
YEAR 1989 -90. (Memorandum from (38)
City's Negotiating Team)
(c) Approve AGREEMENT REGARDING Marinapark
TRANSFER OF MARINAPARK MOBILEHOME MHm Sp9 -D
SPACE 9 -D to Fred and Cleo Hein; C -2757
and authorize the Mayor and City (38)
• Clerk to execute said agreement.
,(d),.Approve CONTRACT FOR MAINTENANCE Library
SERVICE WITH ED BUILDING Maintenance
MAINTENANCE FOR LIBRARY DEPARTMENT; C -2758
and authorize the Mayor and City (38)
Clerk to execute said contract.
(Report from City Librarian)
Volume 43 - Page 272
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July 10, 1989
(b) Resolution No. 89 -71 authorizing
the submittal of an application to
the State of California Department
of Transportation (Caltrans) for
the resurfacing of Irvine Avenue
from 15th Street to 22nd Street;
and also authorizing the City
Manager or his designee to make the
application and act as a City
contact person. (Refer to report
w /agenda item F -2(a))
(c) Removed from the Consent Calendar.
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
(f) Removed from the Consent Calendar.
(g) Resolution No. 89 -76 of INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN P.E.R.S. AND THE CITY
COUNCIL of the City of Newport
Beach. (Memorandum from Personnel
Director)
Irvine Ave/
15th -22nd
Imprvms/
CALTRANS
Res 89 -71
(74)
Personnel/
P.E.R.S.
Amnd'89 -90
Res 89 -76
(66)
(h) Resolution No. 89-77 establishing Personnel/
the SALARIES OF THE CITY MANAGER, C /Mgr /Atty/
CITY ATTORNEY AND CITY CLERK for CClerk
the 1989 -1990 fiscal year and 189_go
amending the classification and Salaries
compensation plan to reflect said Res 89 -77
changes. (66)
3. CONTRACTS /AGREEMENTS:
(a) Approve TENTATIVE AGREEMENT WITH INB Empl Lg/
NEWPORT BEACH EMPLOYEES LEAGUE NBEL'89 -90
(NBEL) CONTRACT 2065 FOR FISCAL C -2065
YEAR 1989 -90. (Memorandum from (38)
City's Negotiating Team)
(b) Approve TENTATIVE AGREEMENT WITH NB Empl Asn
NEWPORT BEACH EMPLOYEES ASSOCIATION NBEA'89 -90
(NBEA) CONTRACT 2059 FOR FISCAL C -2059
YEAR 1989 -90. (Memorandum from (38)
City's Negotiating Team)
(c) Approve AGREEMENT REGARDING Marinapark
TRANSFER OF MARINAPARK MOBILEHOME MHm Sp9 -D
SPACE 9 -D to Fred and Cleo Hein; C -2757
and authorize the Mayor and City (38)
• Clerk to execute said agreement.
,(d),.Approve CONTRACT FOR MAINTENANCE Library
SERVICE WITH ED BUILDING Maintenance
MAINTENANCE FOR LIBRARY DEPARTMENT; C -2758
and authorize the Mayor and City (38)
Clerk to execute said contract.
(Report from City Librarian)
Volume 43 - Page 272
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July 10, 1989
CITY CLERK
DATE,
CITY
4
(e) Approve AMENDED COOPERATIVE
AGREEMENT FOR DESIGN OF PACIFIC
COAST HIGHWAY WIDENING PROJECT
BETWEEN NEWPORT BOULEVARD AND
HIGHLAND STREET (CONTRACT 2591);
and authorize the Mayor and City
Clerk to execute said amendment.
(Report from Public Works
Department)
COMMUNICATIONS - For referral as
indicated:
(a) To Building Director for
implementation, South Coast Air
Quality Management District letter
requesting COMPLIANCE WITH CERTAIN
REQUIREMENTS OF ASSEMBLY BILL 3205
(WATERS BILL) concerning the Health
and Safety Code.
(b) To City Manager for reply, letters
from Linda Allen, Pauline Mafait
and Debi Forsythe, concerning
PROPOSED SALE OF 4210 RIVER AVENUE
PROPERTY.
PCH Wdng/
btw Npt B1/
Highlnd
C -2591
(38)
Building
(26)
Property/
4210 River
(73)
(c) To General Services for reply, GS /Npt Pier
letter from Keith Wroblewski (44)
complaining about the litter left
on NEWPORT PIER and the unsanitary
conditions left by those people
that fish at the end of the pier.
(d) To Police Chief for response, PD /Cruising
letter from Central Newport Beach (70)
Community Association regarding
WEEKEND "CRUISING" ON BALBOA
PENINSULA.
(e) To Public Works for response,
PW /Npt Pier
letter from Central Newport Beach
Rstrm
Community Association emphasizing
(74)
opposition to moving the PUBLIC
RESTROOMS from the west side to the
east side of NEWPORT PIER.
(f) To City Manager for response,
C /Mgr
letter from Gayle Vandermast
Buffalo
Vierling emphasizing the public's
Ranch Prsv
interest in preserving the BUFFALO
(34)
RANCH BUILDINGS at their present
location within the jurisdiction of
the City of Irvine, and requesting
further support from the City.
Volume 43 - Page 273
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(g) To General Services for reply,
letter from Mr. and Mrs. Tom
O'Brien complaining about the
PORTABLE "OUTHOUSES" placed at the
corner of Park and Marine Avenues
to accommodate the businesses and
merchants on Balboa Island.
(h) To City Librarian for inclusion in
the records, petition with
signatures in support of the new
central library from Chairman, Jean.
Kiger and letters in support from
Dorothea Sheely, Patricia and
Robert Harrigan and Mary Moyer.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Removed from the Consent Calendar.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Application for Leave to Present
Late Claim of American Fire &
Casualty Insurance Company for
Martin Welsh, insured, alleging
City employee rear -ended their
insured's vehicle on June 27, 1988,
south of Backbay on Jamboree,
causing chain reaction, claiming
damages.
GS /Balboa
Is
(44)
Library
(50)
(36)
American
Fire &
Casualty/
Welsh
(b) Victor H. Barton alleging Harbor Barton
Municipal Court dismissed his false
arrest charges, possibly City
computer error; seeking general
damages against the City for arrest
on June 22, 1989.
(c) Gregg Chernik for reimbursement of Chernik
jacket that was sprayed with
hydraulic fluid on June 19, 1989,
at Theatre Arts Center Parking Lot,
from engine's defective coupling
from City vehicle.
(d) Nancy Lynn Kerner for personal Kerner
injuries and property damage as
result of being rear -ended by City
employee on June 15, 1989 at
Brookhurst and Yorktown southbound.
Volume 43 - Page 274
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July 10, 1989
(e) Newport Crest Homeowners
Association alleging damage to
streets by City Refuse Truck
releasing large amounts of
hydraulic fluid on Columbia and
Ticonderoga Streets on June 5,
1989.
(f) Debra J. Norris alleging damage to
vehicle by City automobile on Park
and Amethyst on March 14, 1989.
(g) Phillip Quarre alleging refuse
truck struck down steel pipe
protection post at corner of
claimant's garage in 12th Street
alley on June 12, 1989.
(h) Scott M. Smathers for damages,
alleging false arrest, mental
distress, assault and battery,
false imprisonment, etc., on
March 23, 1989.
For rejection:
(i) Late claim of Brandi Oresko
alleging damages and personal
injuries as result of accident at
Emerald and South Bayfront Alley on
August 6, 1988.
Npt Crest
H/0 Asn
Norris
Quarre
Smathers
Oresko
7. SUMMONS AND COMPLAINTS - For denial and �(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Sharon and Lois Wolf for damages, Wolf
Orange County Superior Court, Case
No. 550231. Claim was denied by
City Council on September 28, 1987.
8. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City
Manager)
(a) One Assistant Code Enforcement
Officer, Planning Department.
(b) One Assistant Planner, Planning
Department.
(c) One Programmer, Finance Department.
(d) One Account Clerk, Finance
Department.
Volume 43 - Page 275
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COUNCIL MEMBERS
y O\\Ntp 9 .�. 1I
July 10, 1989
9. STAFF AND COMMISSION REPORTS -
For Council information and filing:
(a) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON JUNE 22,
1989.
10. PUBLIC HEARING SCHEDULING - July 24,
1989:
(a) GENERAL PLAN AMENDMENT NO. 88 -2(C)
- A request initiated by the City
of Newport Beach, to revise the
HOUSING ELEMENT OF THE NEWPORT
BEACH GENERAL PLAN as required by
State Law. (Report from Planning
Department)
11. Removed from the Consent Calendar.
MINUTES
Planning
(68)
GPA 88 -2(C)
(45)
12. 1989 -90 STREET AND ALLEY RECONSTRUCTION '89 -90 St/
AND RESURFACING PROGRAM (CONTRACT NO. Alley Rcstr
2751) - Approve the plans and C -2751)
specifications; and authorize the City (38)
Clerk to advertise for bids to be opened
at 11:00 a.m. on August 3, 1989.
(Report from Public Works Department)
13. RESUBDIVISION NO. 750 - Approve the Resub 750
improvement plans and specifications and (84)
accept the public improvements
constructed in conjunction with
Resubdivision No. 750 (2305 Pacific
Drive); and authorize the City Clerk to
release the Faithful Performance Surety
(Certificate of Deposit No. 58116).
(Report from Public Works Department)
14. BUDGET AMENDMENTS - For approval:
None.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Memorandum from Personnel Director Personnel/
advising the City Council of the CITY'S Anul Schlr-
SCHOLARSHIP PROGRAM AWARD. shp Awrd
(66)
Mayor Pro Tem Plummer announced that
this year's recipient of the scholarship
fund was Erin Dunigan, daughter of
Field Engineer Pat Dunigan, Jr., from
the Public Works Department. She noted
that Erin had attained a GPA of 4.2
during her academic studies at Newport
Harbor High School, and has been
accepted to the University of California
Volume 43 - Page 276
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OUNCIL MEMBERS
ROLL
Motion
All Ayes
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CITY
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MINUTES
July 10, 1989
at Berkeley. Mayor Pro Tem Plummer also
commended Mayor Strauss and his wife,
Dorothy, for their generosity in
establishing the annual scholarship
fund.
Motion was made to refer the subject
memorandum to the City Clerk for
inclusion in the records.
2. Report from Planning Department GPA 89 -2
concerning PROPOSED GENERAL PLAN (45)
AMENDMENT NO. 89 -2 - Sustain the
recommendation of the Planning
Commission and initiate amendments to
the General Plan and the Local Coastal
Program Land Use Plan as follows:
A. SANTA ANA HEIGHTS LAND USE - A
proposal by staff to redesignate
properties northwesterly of the
adopted alignment for Birch
Street /Mesa Drive from
Single - Family Detached to
Administrative, Professional and
Financial Commercial and establish
floor area limits consistent with
the business park uses in the Santa
Ana Heights Specific Plan.
(Recommended to initiate - All
Ayes)
B. BALBOA PENINSULA ZONING STUDY - A
proposal by staff to initiate a
Balboa Peninsula Zoning Density
Study which would involve
amendments to the Land Use Element
and the Local Coastal Program Land
Use Plan, as well as the
residential zoning districts. The
purpose of the study would be to
reconsider raising the Two - Family
Residential density standards from
2,000 square feet per unit to 2,375
square feet per dwelling unit, and
also to consider changing some
Multi- Family Residential areas to
Two - Family Residential. The study
would potentially affect R -2
properties City wide. (Recommended
to defer for ninety days - All
Ayes)
C. OLD NEWPORT BOULEVARD - Request of
Owen Minney to allow residential/
commercial mixed use in the
"island" area between Old Newport
Boulevard and Newport Boulevard (SR
55) in the Old Newport Boulevard
Specific Plan Area. (Recommended
to initiate - All Ayes)
Volume 43 - Page 277
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D. 19TH AND BALBOA RESIDENTIAL - CPA 89 -2
Request of William Tepper to change
the land use designation of the
General Plan Land Use Element and
the Local Coastal Program Land Use
Plan from Retail and Service
Commercial to Multi- Family
Residential at 1900 West Balboa
Boulevard in the McFadden Square
area. (Recommended to initiate -
All Ayes)
E. SPYGLASS HILL - Request of George
Awad to allow subdivision of an
existing lot into two lots for
Single - Family Detached development
at 15 Muir Beach Circle.
(Recommended to initiate - 6 Ayes,
1 No)
F. ZONTA CLUB SITE - Request of Mesa
Development Company to amend the
General Plan Land Use Element to
change the land use designation
from Governmental, Educational and
Institutional Facilities to
Multi- Family Residential, with one
unit allowed for each 2,178 square
foot of land area in Newport
Heights. (Recommended to initiate
- All Ayes)
G. LIDO MARINA VILLAGE - Request of
Altoon and Porter, Architects, to
amend the General Plan Land Use
Element and the Local Coastal
Program Land Use Plan to allow
conversion of the City National
Bank Building to residential, and
to allow approximately 30,000
square feet of additional retail
commercial development in Lido
Village. (Recommended to initiate
- All Ayes)
H. BALBOA ISLAND FIRE STATION - A
proposal by staff to amend the
General Plan Land Use Element and
the Local Coastal Program Land Use
Plan to change the land use
designation of the Fire Station
site on Balboa Island to Retail and
Service Commercial, and the service
station site at the corner of Park
Avenue and Marine Avenue to
Governmental, Educational and
Institutional Facilities.
(Recommended to initiate - All
Ayes)
Volume 43 - Page 278
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I. 205 ORANGE STREET - Request of Mark
Fairbanks to amend the General Plan
Land Use Element and the Local
Coastal Program Land Use Plan to
change the designation of the site
located at 205 Orange Street from
Retail and Service Commercial to
Two - Family Residential in the
Newport Shores Specific Plan Area.
(Recommended to initiate - All
Ayes)
J. "COMMUTER" ROADWAY - A proposal by
staff to amend the General Plan
Circulation Element to add a
roadway classification for a
"Commuter" Two Lanes Undivided, and
classify Marguerite Avenue between
East Coast Highway and 5th Avenue
in Corona del Mar as a "Commuter"
roadway. (Recommended to initiate
- All Ayes)
K. BALBOA YACHT CLUB - Request to
amend the General Plan Land Use
Element for the Bayside Drive Open
Space area in order to allow
construction of a 3,740 square foot
addition to the Balboa Yacht Club.
(Recommended to initiate - All
Ayes)
Motion was made to approve Items A thru
K, as recommended, with the deletion of
Item B (Balboa Peninsula Study).
Mayor Strauss stated that even though
the Council was only approving
recommendations to initiate general plan
amendments at this time, he did have
some reservations regarding Item G,
(Lido Marina Village) and he will be
voting against the amendment when it
returns to the Council.
The City Manager advised that pursuant
to Council Policy, a general plan
amendment can be requested by an
applicant, a property owner, and the
Planning Commission; however, the City
Council by acceptance or rejection,
shall initiate all general plan
amendments, and therefore, any of the
above proposed amendments can be deleted
by the City Council if so desired.
Volume 43 - Page 279
GPA 89 -2
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COUNCIL MEMBEF
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Motion
All Ayes
x
Motion
Ayes x x
Noes x
Motion
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CITY OF NEWPORT BEACH
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July 10, 1989 . INDEX
In response to question raised by GPA 89 -2
Council Member Sansone regarding the
parking problem connected with the Lido
Marina Village parking structure, the
City Attorney indicated that the problem
somewhat resolved itself when the
Council reduced commercial densities
along Via Lido.
The Planning Director advised that Lido
Marina Village is in the process of
being sold and the prospective buyers
have met on two occasions with staff to
determine what would be required in
order for them to accomplish the project
they have in mind. The first thing the
applicant would h =ve to do is amend the
general plan to permit some additional
square footage of development. It has
been indicated to him that they would
like to eliminate some of the existing
uses and replace some of the higher
traffic generators with lower traffic
generators, and change the mix of uses.
In initiating a general plan amendment,
the City Council is under no obligation
to approve that general plan amendment
once it has been initiated.
Council Member Hart stated that she was
in support of bringing back Item B
(Balboa Peninsula Study) in 120 days and
not deleting it entirely as moved by
Council Member Turner; and therefore,
following discussion, it was suggested
Items B and G be voted on separately.
In view of the foregoing, Council Member
Turner withdrew the motion on the floor
and made a new motion to sustain the
recommendation of the Planning
Commission with regard to Items A, C, D,
E, F, H, I, J and K.
Motion was made to defer Item B (Balboa
Peninsula Zoning Study) for 120 days, as
recommended by the Planning Commission.
Motion was made to deny Item G (Lido
Marina Village).
Jerry King, of J. A. King Associates,
representing the applicant, addressed
the Council and stated the proposed new
owners of Lido Marina Village are in the
process of negotiating with adjacent
land owners, including Lido shops on Via
Lido for possible purchase in order to
combine the shops on Via Lido into one
Lido Marina Village project. It is
Volume 43 - Page 280
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x
x
x
x
x
MINUTES
July 10, 1989 . INDEX
In response to question raised by GPA 89 -2
Council Member Sansone regarding the
parking problem connected with the Lido
Marina Village parking structure, the
City Attorney indicated that the problem
somewhat resolved itself when the
Council reduced commercial densities
along Via Lido.
The Planning Director advised that Lido
Marina Village is in the process of
being sold and the prospective buyers
have met on two occasions with staff to
determine what would be required in
order for them to accomplish the project
they have in mind. The first thing the
applicant would h =ve to do is amend the
general plan to permit some additional
square footage of development. It has
been indicated to him that they would
like to eliminate some of the existing
uses and replace some of the higher
traffic generators with lower traffic
generators, and change the mix of uses.
In initiating a general plan amendment,
the City Council is under no obligation
to approve that general plan amendment
once it has been initiated.
Council Member Hart stated that she was
in support of bringing back Item B
(Balboa Peninsula Study) in 120 days and
not deleting it entirely as moved by
Council Member Turner; and therefore,
following discussion, it was suggested
Items B and G be voted on separately.
In view of the foregoing, Council Member
Turner withdrew the motion on the floor
and made a new motion to sustain the
recommendation of the Planning
Commission with regard to Items A, C, D,
E, F, H, I, J and K.
Motion was made to defer Item B (Balboa
Peninsula Zoning Study) for 120 days, as
recommended by the Planning Commission.
Motion was made to deny Item G (Lido
Marina Village).
Jerry King, of J. A. King Associates,
representing the applicant, addressed
the Council and stated the proposed new
owners of Lido Marina Village are in the
process of negotiating with adjacent
land owners, including Lido shops on Via
Lido for possible purchase in order to
combine the shops on Via Lido into one
Lido Marina Village project. It is
Volume 43 - Page 280
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\LL \\ON0004 91��01� ROLL July 10, 1989 INDEX
their intention to eliminate the office
CPA 89 -2
uses as well as the private club and
tower, and to convert the tower to
residential use. The plan they are
working on now would also enable them to
perhaps purchase any residual amounts
left over from the proposed new bridge
construction. They would like to return
the area to a combination of retail and
residential uses, which is what it was
originally before it was ever converted
by the Koll Company.
Mayor Strauss indicated he was not in
favor of allowing residential use in
Lido Marina Village due to its proximity
to the noise from charter boats, etc.
In addition, he was very concerned with
the proposal to add 30,000 additional
square feet of retail commercial
development to the area.
Discussion continued, wherein Mr. King
answered questions of the Council
regarding the proposed development, and
stated it was their intention to meet
with all of the property owners involved
to resolve any past disputes prior to
bringing a plan back to the City for
consideration.
Council Member Turner pointed out that
the subject request was only for the
initiation of a general plan amendment,
and that the Council was not being asked
to approve, or commit to anything at
this time; and therefore, he had no
objection to allowing the developers to
proceed with conceptual drawings, etc.,
for a general plan amendment.
Council Member Cox stated that "out of
courtesy" to the developer, he felt the
Council should approve the initiation of
the general plan amendment in order that
the applicant can prepare a proposal for
the area. He stated that many believe
that Lido Marina Village has been a
"disaster area" for several years, and
something needs to be done in order to
"turn that situation around."
It was indicated during discussion that
if the subject request is denied, the
developer can resubmit the request again
in October.
Ayes
x
x
x
x
The motion to deny the request, as made
Noes
x
x
x
by Mayor Strauss was voted on and
carried.
Volume 43 - Page 281
in
C)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
O
y�
July 10, 1989 y
L Cy % 9�
3. Report from Public Works Department
together with proposed resolutions
relative to PROPOSED MCFADDED SQUARE
ASSESSMENT DISTRICT NO. 59.
MINUTES
John Shea, 2214 W. Ocean Front,
addressed the Council and stated he felt
there has been a great deal of
misunderstanding, misinformation,
misrepresentation and arbitrary boundary
changes connected with the proposed
assessment district. He also felt that
staff was not "neutral" on this issue.
He suggested one person be designated on
the staff who is knowledgeable of this
project that the public can contact for
information; that the Council "firmly"
fix the boundaries for the assessment
district (which keeps changing);
separate all three issues, i.e.,
sidewalks, street lighting, and plaza
improvements; and that the assessment
method be finally re- examined by the
Council.
In response to question raised as to
whether the three proposed improvements
could be separated, the Public Works
Director stated that City Council has
the option to either combine the work or
separate the project; however, the
reason the improvements were combined,
is that any assessment district
proceeding has a long and complex
procedure under State law, and there are
advantages of efficiency in conducting a
single proceeding for various elements
of work in a given area. In addition,
the overall concept was to improve the
aesthetics of the area, and while each
of the three components (decorative
street lighting, plaza improvements, and
sidewalks) are distinct from one
another, they all have the purpose of
improving the aesthetics of the area.
When the petitions were circulated, they
were circulated on the basis of the
combined project. Further, the project
does contemplate the City will combine
its budgeted funding for priority
street, sidewalk, drainage repairs in
the amount of $490,000 in the area, plus
$103,000 for parking lot improvements.
Volume 43 - Page 282
PW /McFdn
Sq Asmt
Dist1159
(74)
1�
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Motion
Al) A°;es
CITY OF NEWPORT BEACH
n
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x
MINUTES
The City Manager noted that because of PW /McFdn
the manner in which the petitions were Sq Asmt
worded for this assessment district, if Dist#59
the three components were now separated
into individual projects, it would
require the entire process to start over
again and consequently delay the
project.
Council Member Cox spoke in favor of
proceeding with the assessment district
at this time, stating it has been the
goal of the City Council, as well as the
affected property owners, to improve
McFadden Square for a number of years.
There being no further comments, motion
was made to adopt the following
resolutions regarding PROPOSED MCFADDEN
SQUARE ASSESSMENT DISTRICT NO. 59:
Resolution No. 89 -72 making IRes 89 -72
APPOINTMENTS IN A SPECIAL DISTRICT;
Resolution No. 89 -73 adopting the IRes 89 -73
PROPOSED BOUNDARY MAP FOR THE
SPECIAL DISTRICT;
Resolution No. 89 -74 covering I Res 89 -74
PRELIMINARY DETERMINATION AND
ORDERING THE PREPARATION OF A
REPORT ON SAID IMPROVEMENTS;
Resolution No. 89 -75 approving a Res 89 -75
report under the "SPECIAL
ASSESSMENT INVESTIGATION LIMITATION
AND MAJORITY PROJECT ACT OF 1931,"
and setting a public hearing on
August 14, 1989 at 7:30 p.m.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO BOARDS AND COMMISSIONS: lBds /Cmsns
The City Clerk advised that after the
agenda was printed, a letter was
received from Thomas P. Pratt endorsing
Bill Sharp as a Parks, Beaches &
Recreation Commissioner, and two letters
and petition recommending Janine Gault
be appointed as a Planning Commissioner.
Volume 43 - 283
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\LL\N\O00 y � of � A L C tp
Green
Red
Green
Red
Green
Red
White
Green
Re.d
Green
Red
I x I x I x I X
x I x i x I x
x
x
x
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9\
x
x
X
X
x
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x
X
X
X
X
r OF NEWPORT BEACH
MINUTES
July 10, 1989
After determining the method of voting,
the following appointments were
confirmed:
BOARD OF LIBRARY TRUSTEES
C. Ben Jackson was assigned the Green
light.
Sally Schroeder was assigned the Red
light.
C. Ben Jackson was reappointed to a
four -year term expiring June 30, 1993,
CITY ARTS COMMISSION
Sara Blatterman was assigned the Green
light.
Jane Piasecki was assigned the Red
light.
Sara Blatterman was reappointed to a
four -year term expiring June 30, 1993.
CIVIL SERVICE BOARD
Paula Godfrey was assigned the Green
light.
Hilbert Carson was assigned the Red
light.
Joseph DeLadurantey was assigned the
white light.
Hilbert Carson was reappointed to a
four -year term expiring on June 30,
1993.
PARKS, BEACHES AND RECREATION
1. Pete Compton was assigned the Green
light.
William Sharp was assigned the Red
light.
Pete Compton was appointed to a
four -year term expiring on June 30,
1993.
2. Gale Demmer was assigned the Green light
Michael McNalley was assigned the Red
light.
Gale Demmer was appointed to a four -year
term expiring June 30, 1993.
Volume 43 - Page 284
Library
Arts
Civil Sery
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Green
Red
White
CITY OF NEWPORT BEACH
OUNCIL MEMBERS
�A y co Sc
July 10, 1989
XI x I x I x I x I x I x
PLANNING COMMISSION
1. Thomas Edwards was assigned the Green
light.
Anita Meister -Boyd was assigned the Red
light.
Thomas Edwards was reappointed to a
four -year term expiring June 30, 1993.
2. Janine Gault was assigned the Green
light.
MINUTES
Norma Glover was assigned the Red light.
Pat Hollander was assigned the White
light.
Norma Glover was appointed to a
four -year term ending June 30, 1993.
Planning
2. Report from Public Works regarding Permit/
ENCROACHMENT AGREEMENT FOR CONSTRUCTION 2209 Pacif-
AND MAINTENANCE OF PRIVATE IMPROVEMENTS is Dr
WITHIN THE BAYSIDE AND PACIFIC DRIVE (65)
PUBLIC RIGHTS -OF -WAY ADJACENT TO 2209
PACIFIC DRIVE, CORONA DEL MAR.
The City Clerk advised that after the
agenda was printed, two letters were
received in support of the proposed
improvements from Grant Bettingen, 2215
Pacific Drive and Lynn Burnett, 2209
Bayside Drive.
The City Manager advised that at the
June 26, 1989 Council meeting, the
subject item was deferred until
tonight's meeting in order to give Mr.
Ross, the property owner and applicant,
time to contact and inform the property
owners along the southerly side of
Bayside Drive of his proposal to locate
a driveway along his Bayside Drive
frontage. The applicant's
representative has contacted the
property owners along Bayside Drive
across from the proposed improvements,
as well as the property owners on
Pacific Drive. Attached to the staff
report is a letter from Tim Robertson,
Architect, summarizing the properties
contacted and their comments. In
addition, on July 7, 1989, staff was
notified of three property owners
opposing the improvements, who reside at
2223, 2231 and 2301 Bayside Drive.
Volume 43 - Page 285
Vj
x)
X
x
x
xi
xl
x
PLANNING COMMISSION
1. Thomas Edwards was assigned the Green
light.
Anita Meister -Boyd was assigned the Red
light.
Thomas Edwards was reappointed to a
four -year term expiring June 30, 1993.
2. Janine Gault was assigned the Green
light.
MINUTES
Norma Glover was assigned the Red light.
Pat Hollander was assigned the White
light.
Norma Glover was appointed to a
four -year term ending June 30, 1993.
Planning
2. Report from Public Works regarding Permit/
ENCROACHMENT AGREEMENT FOR CONSTRUCTION 2209 Pacif-
AND MAINTENANCE OF PRIVATE IMPROVEMENTS is Dr
WITHIN THE BAYSIDE AND PACIFIC DRIVE (65)
PUBLIC RIGHTS -OF -WAY ADJACENT TO 2209
PACIFIC DRIVE, CORONA DEL MAR.
The City Clerk advised that after the
agenda was printed, two letters were
received in support of the proposed
improvements from Grant Bettingen, 2215
Pacific Drive and Lynn Burnett, 2209
Bayside Drive.
The City Manager advised that at the
June 26, 1989 Council meeting, the
subject item was deferred until
tonight's meeting in order to give Mr.
Ross, the property owner and applicant,
time to contact and inform the property
owners along the southerly side of
Bayside Drive of his proposal to locate
a driveway along his Bayside Drive
frontage. The applicant's
representative has contacted the
property owners along Bayside Drive
across from the proposed improvements,
as well as the property owners on
Pacific Drive. Attached to the staff
report is a letter from Tim Robertson,
Architect, summarizing the properties
contacted and their comments. In
addition, on July 7, 1989, staff was
notified of three property owners
opposing the improvements, who reside at
2223, 2231 and 2301 Bayside Drive.
Volume 43 - Page 285
Vj
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G `y C �� s o
9Z �o G; v 9A ;► Co
L CALL 'A N July 10, 1989
Motion
All Ayes
Motion
All Ayes
x
x
Council Member Sansone stated that he
was the one who had requested the
applicant contact the affected property
owners on Pacific Drive, and he is now
satisfied with the responses and
comments; and therefore, moved to
approve the application subject to the
following:
MINUTES
Execution of an Encroachment
Agreement for nonstandard
improvements; authorize the Mayor
and the City Clerk to execute the
Agreement; direct the City Clerk to
have subject Agreement recorded
with the Orange County Recorder;
and an encroachment permit from the
Public Works Department.
J. CURRENT BUSINESS:
1. Proposed resolution attached with report CAC /Emergcy
from the City Manager regarding Prpdns
APPOINTMENTS TO CREATING THE CITIZENS (24)
ADVISORY COMMITTEE FOR EMERGENCY
PREPAREDNESS.
Motion was made to adopt Resolution No. Res 89 -78
89 -78 creating the Citizens Advisory
Committee, and confirming the following
appointments:
(District 1) Council Member
Strauss's appointments
deferred to August 14, 1989.
(District 2) Council Member
Plummer's appointments
deferred to August 14, 1989.
(District 3) Council Member Hart's
appointment of Dayna Pettit;
remaining appointment deferred to
July 24, 1989.
(District 4) Council Member
Turner's appointments of Jeffrey
Stern and Roy Englebrecht.
(District 5) Council Member Watt's
appointments deferred to July 24.
(District 6) Council Member
Sansone's appointments
deferred to July 24, 1989.
(District 7) Council Member Cox's
appointments deferred to August 14,
1989.
Volume 43 - Page 286
1f�
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COUNCIL MEMBERS
CITY OF NEWPORT BEACH
MINUTES
July 10, 1989
2. Report from Public Works Department
regarding UNDERGROUND UTILITIES IN
CORONA HIGHLANDS (ASSESSMENT DISTRICT
NO. 57).
The Public Works Director stated that
the recommended criteria (1 - 6 of the
staff report) are based on the criteria
the State has established for
eligibility in postponing property tax
payments for hardship cases. In
addition, a letter was just received
from MacKenzie Brown, legal counsel for
this project, in which suggestions are
made which the staff will follow
procedurally on this matter. Also, as
of this date, only one letter of
"hardship" has been received by the
staff.
Council Member Turner indicated it was
his understanding at the last Council
meeting that legal counsel would come
back with a program whereby the City
would be the bond holder, which he felt
was not included in the criteria.
The Public Works Director responded that
it was not known when this process was
started if it would be possible to move
quickly enough for the City to acquire
the bond, but it now appears that the
City may be able to purchase a bond in
this one instance. The staff report,
however, has been written on the
assumption that the project will
eventually go to bond and the City will
then have to pay the bond payments when
they become due, subject to the
requirements that are specified in the
criteria.
Council Member Turner emphasized his
desire for the City to hold the bond for
hardship cases so that the City has a
priority claim on said bond, and whereby
the property owner,would not be required
to pay the interest payment or the
principal reduction which would
accumulate, and upon the transfer of the
property the City would get their money.
The City Attorney stated that according
to the letter received from Mackenzie
Brown, legal counsel, it is his
understanding that if there are
applications for hardship cases which
can be evaluated within 45 days from
June 26, 1989, then the City will be in
a position to purchase the bonds as
Utilities/
Corona
Highlands
Asmt Distil
57
(89)
Volume 43 - Page 287 0
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Motion
All Ayes
x
•
CITY
4
0 0� 9�
11
OF NEWPORT BEACH
MINUTES
July 10, 1989
described by Council Member Turner.
However, there may be persons applying
subsequent to the date when the City is
not in a position to purchase bonds, and
under those circumstances, he felt the
City would follow the criteria
recommended in the staff report.
The City Manager commented that he felt
the recommended criteria, as written,
would apply to evaluate the hardship
case for the purchase of a bond.
Council Member Turner referenced the
subject letter from Mackenzie Brown,
legal counsel, dated July 5, 1989,
regarding an alternative procedure for
hardship cases, and cited, in part, as
follows:
"This is an optional approach since
the City is issuing 1911 Act bonds.
Where there is an individual bond
for each parcel in the district the
City would have to purchase the
bonds securing the property subject
to the hardship. The only
difficulty here is that all
decisions must be made prior to the
final delivery of the bonds, i.e.,
approximately 45 days following the
conclusion of the public hearing.
By purchasing the bonds, the City
would remain in a first -lien
position ahead of any private
financings and be on a parity with
the property tax."
Council Member Turner indicated he
agreed with the above alternative method
for handling hardship cases, and urged
its support. He also suggested
paragraph 3 under "discussion" in the
staff report be deleted.
The Public Works Director stated that
the only reason paragraph 3 was included
in the staff report, was because there
was some concern that it might not be
possible to move fast enough with regard
to the purchase of bonds within the time
period allotted. He concurred with what
legal counsel described in his letter as
cited by Council Member Turner and felt
it a desireable way in which to proceed.
Hearing no further comments, motion,was
made to delete paragraph 3 under
"discussion" in the staff report, and
adopt the recommended criteria for
Volume 43 - Page 288
Utilities/
Corona
Highlands
Q
0
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\LLOP \0%O\�%Pt 0 0' 9A� ROLL July 10, 1989 INDEX
determining eligibility of property
Utilities/
owners for the City's help in postponing
Corona
payment of assessments.
Highlands
It was indicated that those property
owners interested in applying as a
"hardship" case should do so as soon as
possible; forms and instructions
available at City Hall, or by contacting
Council Member Sansone.
Meeting adjourned at 9:05 p.m.
The agenda for this meeting was posted
on July 6, 1989, at 8:30 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
I
Volume 43 — Page 269
►f1
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: August 23, 1988
SUBJECT: Contract No. C -2591
Description of Contract Amendment to Agreement for Widening
Pacific Coast Highway from Newport Boulevard to Highland Street
Effective date of Contract June 27, 1988
Authorized by Minute Action, approved on June 27, 1988
Contract with Department of Transportation
Address District 7, 120 S. Spring St.
Los Angeles, CA 90012
Amount of Contract (See Agreement)
" s 4e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
•
•
0
TO: CITY COUNCIL
FROM: Public Works Department
o)
Oune 27, 1988
CITY COUNCIL AGENDA
ITEM NO. F -3(a)
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
JUN 2 7 1988
APPROVED
SUBJECT: AMENDMENT TO AGREEMENT FOR WIDENING PACIFIC COAST HIGHWAY --;?5-*
(C)
FROM NEWPORT BOULEVARD TO HIGHLAND STREET
RECOMMENDATION:
Authorize Mayor and City Clerk to sign Amendment to Agreement.
DISCUSSION:
On June 27, 1986, the City and Caltrans entered into an agreement
whereby the City would be responsible for the preparations of plans,
specifications and estimates for the widening of Pacific Coast Highway between
Newport Boulevard and Highland Street. The Agreement provided for Caltrans to
reimburse the City for its costs up to a maximum of $500,000. Due to changes in
the scope of work, it now appears that the costs will exceed the $500,000. The
amendment increases the maximum reimbursement to $600,000.
Benjamin B. Nolan
Public Works Director
BBN:ds
STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF TRANSPORTATION
DISTRICT 7, 120 SO. SPRING ST. C -
LOS ANGELES, CA 90012
TDD (213) 620 -3550
Telephone: (213) 620 -3210
August 16, 1988
pVG ? y v'OEPGN
Nf Np GP
Of L�
Mr. Benjamin Nolan
Director of Public Works
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
12 -ORA -1 19.8/21.3
Newport B1 to
Highland St
07209 - 023761
Dist Agmnt No. 3727 -A -1
Category: 352
Dear Mr. Nolan:
Returned herewith, for your files is the City's copy of the fully
executed Amended Cooperative Agreement No. 3727 -A -1.
If there are any questions concerning this Agreement, please contact
Clarence Ohara at (213) 620 -3210.
Sincerely,
S. L. LICKS
Deputy District Director
District 12
Attachment
3
O
tf'J
7 -ORA -1 3.9.8/21.3
In Newport Beach 'from.l*Vport
Boulevard to Qrange Street
07209 023761
District Agmt No. 3727 A -1
' AMENDMENT M :AGREEMENT
TH'L. AGREEMENT, ENTERED INTO' t33i 1 % , 19�Tdr is
bet n .the STATE OF CALIFO l.,, et ng by an rough O
Department of Transportation, -4 - erred to haseein -.66 STMM, and
CITY OF NEWPORT BEACH
a body politic and a municipal;
corporatioi, "Of the Statni'of
California, riferred to herein
as CITY
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RECITALS ..
1 The parties en1AV*., Q aiic cAGREEMENT No. 3727 (Document
N0,45770) on June 27, 1986, said.: NT defining the terms and
con'' s of a cooperative project to prepare the Plans,
Specifications and Estimate :for the widening of`Pacific. Coast Highway
in Newport Reach between N" - Boulevard and Highland Street
referred to herein as the PROJE
2. Said AG"MENT sets thV STATE's total project
obligations at $300,000 and it is .now determined that the STATE's
total project obligation wilj.t_" eed that amo,nt.
IT IS THEREPORB 14 TOALLY AGREED:
1. That the STATV:s total obligations as. specified in
Section III, Article 2 of the 'Oviginal agreement shall now not exceed
the amount of $600,000.
2. The other terms and oanditions of said AGREEMENT
(Document No. 5770) shall remain in full farce and effect.
COUNCIL MEKBERS
Present x x
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
CITY OF NEWPORT BEACH*
X
x
x
x
x
x
x
x
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: June 27, 1988
MINUTES
Mayor Cox presented a Proclamation to Bill
Schonlau in recognition of Saturday, July 9,
1988, as Clean Harbor Day, and the month of
July, Clean Harbor Month in Newport Beach.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
June 13, 1988, was waived, approved as
written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Cox opened the Public hearing and
City Council review of MODIFICATION NO.
3406, a request of RICHARD BARCLAY.
Newport Beach, approved by the
Modifications Committee on May 24, 1988,
to permit the installation of an lit
foot high satellite dish antenna, which
will encroach two feet into a required
five foot side yard setback and four
feet into the required ten foot rear
yard setback on property located at i7
Chadbourne, Newport Beach. Approval was
conditioned that the development shall
be in substantial conformance with the
approved plot plan and elevation.
Report from the Planning Department, was
presented.
Richard Barclay, applicant, 97
Chadbourne, Belcourt, addressed the
Council and advised that the Belcourt
Master Association Board of Directors
had approved the proposed location of
the satellite dish antenna on June 15,
and submitted a copy of the approved
plan for the record.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the action of
the Modification Committee.
Discussion ensued, wherein the City
Attorney advised that his office has
prepared a draft ordinance with regard
to the regulation of satellite dish
antennas, which he will furnish to the
Council for their review.
The motion on the floor was voted on and
carried.
Volume 42 - Page 238
(94)
ion
COUNCIL MEMBERS
Motion
All Ayes
X
CITY OF NEWPORT BEACH
MINUTES
June 27, 1988
E. PUBLIC COMMENTS:
John Tyree, 208 Lbgonia Street,
addressed the Council with regard to a
tenant /landlord dispute, stating he felt
the property owner was violating health
and safety regulations.
The Planning Director requested Mr.
Tyree contact his office and stated he
will put him in touch with the Dispute
Resolution Center who handles Fair
Housing problems.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on July 11,
1988 -
(a) Proposed ORDINANCE NO. 88 -20,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 5.70 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO MANNER
OF DISPLAY OF CERTAIN MATERIAL IN
NEWSRACXS. (Report from the City
Attorney, and letter from Mariner's
Church regarding vending machines
containing sexually explicit
material)
(b) Proposed ORDINANCE NO. 88 -21,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
ADDING CHAPTER 14.10 TO THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO
INSTITUTING A CROSS - CONNECTION
CONTROL PROGRAM TO PROTECT THE
PUBLIC WATER SYSTEM. (Report from
the Utilities Director)
Schedule for public hearing on July 11,
1988 -
(c) Proposed ORDINANCE NO. 88 -23,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTIONS 19.14.013 AND 19.14.014 OF
THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO VESTING TENTATIVE MAPS.
(Report from the Planning
Department)
Volume 42 - Page 239
(27)
-1
88 -20
of
88 -21
Protection
(89)
Ord 88 -23
Vesting
Tentative Mp
(68)
111
COUNCIL MEMI
Hof
I:Zeh
a
CITY OF NEWPORT BEAC�?
MINUTES
June 27, 1988
(d) Proposed ORDINANCE NO. 88 -23,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 20.52 (OPEN SPACE DISTRICT)
OF THE NEWPORT BEACH MUNICIPAL CODE
SO AS TO ESTABLISH TWO CLASSIFICA-
TIONS OF OPEN SPACE WHICH WILL
DISTINGUISH BETWEEN ACTIVE AND
PASSIVE RECREATIONAL AREAS; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT (PLANNING COMMISSION
AMENDMENT NO. 664). (Report from
the Planning Department)
RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 88 -58 approving the
Memorandum of Understanding (MOU)
between the City and Newport Beach
Fire Fighters Association for
Fiscal Year 1988 -89. (Report from
Personnel Director)
88 -23
space/
a if ictns
(94)
NB Fire
Fighters/
MOU
Res 88 -58
C -2060
(38)
(b) Resolution No. 88 -59 approving the NBEA /MOU
Memorandum of Understanding (MOU) Res 88 -59
between the City and the Newport C -2059
Beach Employee's Association for (38)
Fiscal Year 1988 -89. (Report from
Personnel Director)
(c) Resolution No. 88 -60 approving the NBEL /MOU
Memorandum of Understanding (MOU) Res 88 760
between the City and the Newport C -2065
Beach Employee's League for Fiscal (38)
Year 1988 -89. (Report from
Personnel Director)
(d) Resolution No. 88 -61 approving the NBPA /MOU
Memorandum of Understanding (MOU) Res 88 -61
between the City and the Newport C -2056
Beach Police Association for Fiscal (38)
Year 1988 -89. (Report from
Personnel Director)
(e) Resolution No. 88 -62 approving the NBOL /MOU
Memorandum of Understanding (MOU) Res 88 -62
between the City and the Newport C -2058
Beach Ocean Lifeguards for Fiscal (38)
Year 1988 -89. (Report from
Personnel Director)
(f) Resolution No. 88 -63 establishing Mgm /Rey
the Salaries of Management and Emply
Other Key Employees for Fiscal Year Res 88 -63
1988 -89, amending the City's (66)
Classification Compensation Plan to
reflect said changes, and
rescinding Resolution No. 87 -80.
( Report from the City Manager)
Volume 42 - Page 240 I
h'°J
I
COUNCIL MEMBERS
�G9y��G4P� Ct vG
CITY OF NEWPORT BE
June 27, 1988
(g) Resolution No. 88 -64 establishing
the Salaries of Temporary and
Seasonal Classes for the 1988 -89
Fiscal Year, amending the
Classification Compensation Plan to
reflect these changes and
rescinding Resolution No. 87 -81.
(Report from Personnel Director)
(h) Resolution No. 88 -65 affirming the
opposition of the City of Newport
Beach to any disruption of traffic
caused by work on the Coast Supply
Line within the boundaries of the
City of Newport Beach prior to the
completion of Pelican Hill Road.
(Memorandum from Utilities
Director)
(1) Resolution No. 88 -66 authorizing
the closure of Seashore Drive,
Newport Boulevard and Balboa
Boulevard during the July 4th
Holiday period, pursuant to Section
21101(e) of the California Vehicle
Code. (Report from the City
Attorney)
(j) Resolution No. 88 -67 establishing
fees for copying public records
pursuant to Section 6257 of the
California Government Code and
rescinding Resolution No. 87 -82.
(Report from the Assistant City
Attorney)
Temp /Seasnl
Emply 4
Res 88 -64 s
(66)
Utilities/
Coast Suply
Line /PCH
Widng
Res 88 -65
(89)
Seashr Dr/
4th July St
Closure
Res 88 -66
(85)
Fees /Copy
Res 88 -67
(40)
(k) Resolution No. 88 -68 prohibiting Skatebrdg/
Skateboarding on City Hall property Prhbtn
and rescinding Resolution No. Res 88 -68
87 -145. (Report from Traffic (85)
Affairs Committee)
(1) Resolution No. 88 -69 requiring Stop /Vehcls
vehicles travelling on Fifth Avenue Iris /5th Av
to stop at Iris Avenue. (Report Res 88 -69
from Traffic Affairs Committee) 1 (85)
(m) Removed from the Consent Calendar.
CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk PCH Wdng/
to sign Amendment to Agreement for NBlvd /Hghlnd
Widening Pacific Coast Highway from C- 2591(C)
Newport Boulevard to Highland (38)
Street, Contract No. 2591(C).
(Report from Public Works
Department)
Volume 42 - Page 241
CERTI AS A TRUE AND O�RRECT C
OPX
210/ CITY CLER Y. OF TNF CITY OF N:WAOQT BEACH
DATE: -�% -��