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HomeMy WebLinkAbout05/10/1982 - Regular MeetingC Present on Ayes Motion All Ayes Motion All Ayes Motion All Ayes L xlx x I x x T x x x x CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: May 10, 1982 MINUTES A. ROLL CALL. B. The reading of the Minutes of the Meeting of April 26, 1982, was waived, approved as written and ordered filed. C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding Tr 11785 TENTATIVE MAP OF TRACT NO. 11785, a request of the J. M. Peters J.M. PETERS COMPANY, Newport Beach, to subdivide 12.115 acres of land into seven lots for residential condominium development and three lots for private street purposes; on property located in Tract No. 11377, at the southwesterly corner of Bison Avenue and Belcourt Drive North, in Area 7 of the Aeronu- tronic Ford Planned Community. Report from the Planning Department, was presented. John Richards of Robert Bein, William Frost and Associates, representing the Applicant, stated they were in agreement with the conditions of ap- proval as set forth in the staff report, and he was available for questions from the Council.. Hearing no others wishing to address the Council, the public hearing was closed. Approved Tentative Map of Tract No. 11785, subject to the Findings and Conditions of Approval r0com- mended by the Planning Commission, designated as Exhibit "A." 2. Mayor Heather opened the public hearing regarding Vac /Aband VACATION AND ABANDONMENT OF A PORTION OF AN EXIST- Iris -Alley ING UNIMPROVED 14 -FOOT -WIDE ALLEY. West of Iris (90) Report from Public Works, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Adopted Resolution No. 82 -60 ordering the vacation Res 82 -60 and abandonment of a portion of the existing 14 -ft. alley; and directing the City Clerk to record said resolution only upon completion of the abandonment of the existing water main in said alley (Northeast of East Coast Highway between Iris & Alley West of Iris in Block 535, Corona del Mar Tract) (Resub 721). Volume 36 - Page 146 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL r- LL �� 'D May 10. 1982 iuncv 3. Mayor Heather opened the public hearing regarding Ord 82 -7 ORDINANCE NO. 82 -7, being, Pkg /Coml Veh . AN ORDINANCE OF THE CITY OF NEWPORT BEACH Trailers (63) AMENDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "PARKING,OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS PROHIBITED" TO APPLY TO OTHER TYPES OF VEHICLES AND NONMOTORIZED TRAILERS. Report from the Traffic Affairs Committee, was presented. Letter from Edwin F. Tobin, State Legislative Representative, Southern California "Good Sam Club," RV Owners Organization, expressing his views on restricting the parking of recreational vehicles on city streets, was presented. Letter from Bob Rossen, expressing his objection to passage of the proposed parking ordinance, was presented. Letter from Richard. Wandrocke stating the difficul- ties imposed upon residents who live in areas that do not have alleys, back yard access, or front yard setbacks, if the proposed ordinance is passed, was presented. The City Clerk advised that three additional letters had been received after the printing of the agenda in opposition to the proposed ordinance from Willard M. Savage, 512 Avocado Avenue, Howard W. Jadwin, 600 Avocado Avenue, and Mr. and Mrs. Marshall Braun. The following persons addressed the Council in opposition to the proposed ordinance: Richard Watts, 1742 Bayport Way Lewis Gardiner, 104 Via Cordova William Clark; 1310 E. Balboa Joe Casala, 812 Ocean Front. Jim Collins, 2018 Leeward Bob Harness, 2140 E. Balboa Ralph Bonds, 312 St. Andrews Norbert Schnabel, 306 Fernando Andrew Oliver, 1601 Port Marmouth Bill Bolay, representing Bob Grant, 30811 Alvarado Bruce Hampton, 1731 Bayport Ron Elleboudt, 520 Pointsettia Jo Ann Page, 1.806 Sandlewood Robert Gardener, 823 W. Balboa Fred Vander Weele, 3601 Surfview . Volume 36 - Page 147 CITY OF NEWPORT BEACH C U NCIL ME B RS MINUTES � �s9 � ROLL_ C®L I Sn May 10, 1982 Volume 36 - Page 148 The following persons addressed the Council in Pkg /Cowl Veh favor of the proposed ordinance: Suzanne Baron, 323 E. Bay Front, representing Trailers the Balboa Island Improvement Association, also read a letter in support of the ordinance from Bunty Justin, 206 Emerald Avenue Susie Ficker, 110 -9th Street Stewart Williams, 1748 Bayport Marge Lindamood, 621 W. Bay Richard Park, 1128 W. Ocean Front Chris Hansen, 22 Encore Court During public input: it was suggested that considera- tion be given to: 1.) excluding handicapped vehicles from the ordinance, 2) special permits for Newport Beach residents with recreational vehicles, as well as to outside guests with a time - certain, and 3) have the ordinance also apply to other types of vehicles such as buses, vans, and boat trailers. Hearing no others wishing to address the Council, the public hearing was closed. During course of discussion it was pointed out that the primary intent of the subject ordinance was to prohibit the encampment and storage of recreational vehicles on commercial and residential streets. Motion x Following consideration, motion was made to reopen All Ayes the public hearing, and continue to June 14, 1982. ion x Motion was made to appoint Council Members Hummel Ayes and Maurer to an ad hoc committee to review the proposed ordinance further with recreational vehicle representatives, and report back on June 14. E. PUBLIC COMMENTS: None F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION AND PASS TO SECOND READING ON MAY 24, 1982: (a) Ordinance No. 82 -10, being, Ord 82 -10 Pkg /Regs AN ORDINANCE OF THE CITY OF NEWPORT BEACH (63)' AMENDING CHAPTERS 12.12 AND 12.40 OF THE NEWPORT BEACH MUNICIPAL CODE CONCERNING PARKING REGULATIONS. (Report from Marine Department) (b) Ordinance No. 82 -11, being, Ord 82 -11 Pkg /Mtrcycls AN ORDINANCE OF THE CITY OF NEWPORT BEACH (63) ADDING SECTION 12.12.080 WHICH PROHIBITS THE PARKING OF MOTORCYCLES, MOTOR- DRIVEN . CYCLES AND MOTORIZED BICYCLES IN MUNICI- PAL PARKING LOTS WHERE SPECIFIC SPACES HAVE BEEN DESIGNATED FOR PARKING OF SUCH VEHICLES IN ANY SPACE NOT SO DESIGNATED.. (Report from City Attorney) Volume 36 - Page 148 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL J'� May 10, 1982 NOEX 2. RESOLUTIONS FOR ADOPTION: . (a) Removed from the Consent Calendar. (b) Resolution No. 82 -62 modifying the fee for Sewr /Chg Sewer Use Charge as required by Section Res 82 -62 14.24.065 of the Newport Beach Municipal Code, (40) to become effective July 1, 1982 and rescind- ing Resolution No. 10067. (Report from Utili- ties Department) (c) Resolution No. 82 -63 authorizing the closure Seashr Dr/ of Seashore Drive on July 4, 1982, pursuant to St.Closure Commercial Vehicle Code Section 21100. (Report Res 82 -63 from Police Department) (85) (d) Resolution No. 82 -64 setting forth Findings 21st Pl/ regarding closure of 21st Place between Ocean St. Closure Front and McFadden Place (and adjacent alley) Res 82 -64 to 'Vehicular Traffic. (Report from City (85) Attorney) 3. CONTRACTS /AGREEMENTS FOR APPROVAL: (a) Award Contract No. 2288 to All American Pkg Lot Impv Asphalt for $86,543.35; and authorize the C -2288 Mayor and City Clerk to execute same. (Report (38) from Public Works - Parking Lot Improvements for: A 6 B Streets Parking Lots /Parking Meter Installation; 30th Street at Newport Boulevard Parking Lot; Police Facility Parking Modifi- . cations) (b) Approve purchase /installation of Alarm Monitor - Alarm Equip ing Equipment in the amount of $38,500 to Police Dpt Emergency Alarms Corporation. (Report from (70) the Police Department) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To the Fire Department for reply, letter from Balboa Is/ Ray and Peggy Ayers expressing concern over Fightg Fires difficulties encountered in the recent Anaheim (41) fire of low water pressure and narrow street access for fire fighting equipment, as they relate to Balboa Island. (c) To the City Clerk for inclusion in the records, Prk Lido letter from Planning Commissioner Debra Allen, U/P 2021 commending the City Attorney and Planning (88) staffs for their efforts in helping the people of the City regarding the Park Lido Medical Office Expansion project. (d) To the Planning Commission for inclusion in Video Ord the records, letter from Newport Elementary Zoning School P.T.A. 'President, Georgia Mahoney, (94) . regarding Video Game Ordinance. Volume 36 - :Page 149 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES G ROLL CALL �+� p Nay 10 1982 . I NOEX (e) To the Planning Commission for inclusion in Condo Conv the records, letter from Talmadge Wright and Ord Steve Epstein„ students at U.C. Irvine regard- (94) . ing proposed amendment to the City's existing Condominium Conversion Ordinance. (f) To the City Clerk for response, request of the 0/C Santn Orange County Sanitation Districts of changes District from City to Council membership in represented (54) districts 5, 6 and 7. (g) To City Attorney for inclusion in the records, Off -Shore letter from C. Neshat regarding Offshore Oil Oil Drlg Leases. (87) 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Division - League of California Cities communication regarding: 1) Resolutions for consideration at May 20 General Meeting (opposition to reallocation of air pollution funds and supporting Orange County Transportation Commission's proposal for the 1982 State Transportation Improvement Program); 2) Fiscal Year 1982 -83 Budget Message; and 3) Minutes of: April 1 and March 11 with Division Report, and Tentative Agenda for May 20, 1982. (b) Local Agency Formation Commission of Orange County Preliminary Agenda of May 12, and Minutes of April 14, 1982. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) State Farm Insurance Co. for Janice Fallon for State Farm/ alleged property damage to vehicle on February Fallon 11, 1982, at Newport Boulevard and Pacific Coast Highway, due to unmarked drainage ditch. (b) Roy Z. Gertmenian for personal injuries sus- Gertmenian tained on April 17, 1982, from fall on side- walk due to alleged tree root growth on 31st Street, near Lafayette. (c) Dr. Daniel Stringer for reimbursement of Stringer jogging suit damaged on April 26, 1982, while jogging at South Bay Front, Balboa Island, when claimant fell into open hole in sidewalk not barricaded. (d) Russell L. Walker for property damage on April Walker 23, 1982, when claimant's parked vehicle allegedly backed into by City vehicle at 1526 . Placentia. Volume 36 - Page 150 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ani i rA i �.V -,O May 10. 1982 .....r.. (e) William Wamech for property damage on April Wamech 20, 1982, alleging City refuse truck caught • claimant's trash can in compacting mechanism, at 451 San Bernardino Street. (f) Frank A. Dzurilla for property damage sustained Dzurilla on April 25, 1982, alleging Police Department forced open garage door at 9 Coventry, thereby breaking automatic garage door opener. (g) James W. Liedberg for reimbursement of loss of Liedberg work and transportation when he was arrested on April 6, 1982. 7. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the claims adjuster: (a) Joseph Radvansky for Personal Injuries, Orange Radvansky County Superior Court, Case No. 333839. Claim was filed with City on November 12, 1979 and denied by Council on November 26, 1979. . (b) Thomas H. Wells and Janet Lynn Wells, for Wells Personal Injuries and Damages, Orange County Superior Court Case No. 37- 51 -68. Claim was, filed with City'on September 17, 1981 and denied by Council September 28, 1981. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (Report from the City Manager) • (a) One Police Clerk, Police Department. (b) One Parking Control Officer, Police Depart- ment. (c) One Utilities Construction Specialist, Utility Department. (d) Two Police Officers, Police Department. (e) One Police Sergeant, Police Department. 9. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) INSTALLATION OF "MACARTHUR COURT" PANELS ON MacArthur Crt THE ILLUMINATED STREET NAME SIGN ON CAMPUS Tfk /Sign DRIVE AT MARTIN STREET. (Report from Public (85) Works) For Council information and filing: (b) STATUS OF CABLE TELEVISION INSTALLATION IN THE Group W GROUP W CABLE FRANCHISE AREA. (Report from Cable Frch the Assistant to the City Manager) (42) • Volume 36 - Page 151 CITY OF NEWPORT BEACH C U ME B RS MINUTES Rol I CAl n� May 10, 1982 i anew 10. PUBLIC HEARING SCHEDULING: - Set for public hearing on May 24, 1982: (a) APPEAL OF MITSUO UENO, FOR USE PERMIT NO. 2006 U/P 2006 (AMENDED), on property located at 3840'E. (88) Coast Highway, which was denied by the Plan- ning Commission on April 8, 1982. A request to amend a previously approved use permit establishing a, restaurant facility with on- sale beer and wine in the C -1 District, so as to change the hours of operation to include the service of food during lunch. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Qualities Act. 11. MAINTENANCE DREDGING APPLICATIONS - Approve the Maint /Dredg following applications in conjunction with condi- (51) tions of approval listed in the General Permit issued to the City by the Army Corps of Engineers. (Report from the Marine Department) 110 -1124 Leslie Griffin /1125 E. Balboa Blvd. 171 -945 J.E.T. Rutter /941 Via Lido Nord 116 -720 Newport Harbor Yacht Club /720 W. Bay 115 -700 J. R. Meserve /700 W. Bay 109 -1813 Willard D. Voit /1813 E. Bay 109 -1807 W. R. Hervey /1807 E. Bay 12. HARBOR PERMIT APPLICATION - Approve Application Harbor Perm 259 -124 by Morris Kirk to revise the residential (51) float at 124 South Bay Front, Balboa Island, sub- ject to conditions of approval listed in the staff report. (Report from Marine Department) 13. Removed from the Consent Calendar. 14. LETTER OF RESIGNATION FROM ARTS COMMISSIONER A. Z. Arts Comsn. TAFT - Accept resignation of A. Z. Taft from the (24). Arts Commission with regret and direct City Clerk to post vacancy notice. 15. BUDGET AMENDMENTS -• For approval: (25) BA -094, $22,000.00 Transfer in Budget Appropria- tions for landscaping of median islands at Coast Highway and Dover Drive; EIR Preliminary Plans / Street Construction Project Fund. (Report from Public Works - Dover Drive Median Landscaping and Irrigation Contract 2319) BA -095, $21,134.23 Transfer in Budget Appropria- tions for parking lot expansion at Police Facility; Police - Administration Fund. . Volume 36 - 152 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES y y"g' �y �y �a y 9G Rnl I rAl I Sy Mav 10. 1982 uncw G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Application from Marinapark Homeowners Association Mobile Jim Pk requesting Mobile Home Park Overlay Zone, was Zoning presented. (94) Council Member Plummer indicated she would like to have the subject area reviewed as to the land -use, prior to the Planning Commission initiating public hearings regarding a mobile home park overlay zone. The City Manager advised that some years ago the Parks, Beaches and Recreation Department did a study of the Marinapark area with alternate uses to the Mobile Home Park. After deliberation, the City Council extended the mobile home park use for a period of time to 1984/85. If the Council desired, staff could duplicate that study, as well as update the Council on recent legislation concerning mobile home parks relative to this type of application. In addition, the Land Use Plan and General Plan could be researched relative to this request. Motion x All Ayes Following discussion, motion was made to refer the subject request to the Planning Commission for initiation of public hearings. In addition, staff to research and forward to Planning Commission addi- tional information relative to the Marinapark and mobile home parks deemed appropriate for considera- tion at the public hearing. 2. Proposed resolution increasing the Basic Water Water Rates Quantity Rate from $0.54 per 100 cubic feet to (40) $0.63 per 100 cubic feet, effective July 1, 1982, was presented, with a report from Utilities. In response to Council inquiry, the Director of Utilities stated that the increase in water rates by Metropolitan Water District will become effective July 1, 1982. Motion All Ayes x In view of the foregoing, motion was made to adopt Res 82 -61 Resolution No. 82 -61 increasing the Basic Water Quantity Rate from $0.54 per 100 cubic feet to $0.63 per 100 cubic: feet, effective July 1, 1982. 3. J.E.T. Rutter of 941 Via Lido Nord, addressed the Rutter /Harbr Council and requested consideration of his item on Permit Apl the Consent Calendar relative to an application for (51) a harbor permit. Motion x All Ayes Motion was made to reconsider Consent Calendar Item F -13. APPLICATION 171 -945 BY J.E.T. RUTTER - to revise the residential float at 941 Via Lido Nord, with a report from the Marine Department, was presented. It was noted that the staff had recommended denial of this application, based upon Section 1.E, of the Harbor Permit Policies which states: Volume 36 - Page 153 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES Ga RAI I Cal I Sn MAU 1n 1 9R9 "1.E. In R -1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or lot." The limitation in R -1 zones was designed to,dis- courage the renting of boat slips in residential areas that multiple slips might encourage, and to reduce the potential for parking, noise and other problems that might flow from a rental situation. Mr. Rutter stated he was requesting an additional slip for a 40' vessel now housed in a 27' slip. The remainder of the old.slip will be left in place to house two bay boats which are presently side -tied, and which sustain damage every time the Santa Ana wind blows. He stated he had no inten- tions of renting the boat slips, and urged the Council to grant his request. Motion x Following discussion, motion was made to uphold the Ayes x x x x x x recommendation of the staff, and deny the applica- Noes x tion of J.E.T. Rutter. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -8, being, Ord 82 -8 Masg Prlr AN ORDINANCE OF THE CITY OF NEWPORT BEACH (27) AMENDING SECTION 5.50.150 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE PARLORS, . was presented for adoption. Report dated April 26, 1982, from City Attorney, was presented. Motion x Adopted Ordinance No. 82 -8. All Ayes 2. Ordinance No. 82 -9, being, Ord 82 -9 Pkg /Fire Hyd AN ORDINANCE OF THE CITY OF NEWPORT BEACH & Prvt Roads ADDING SECTION 12.66.085 TO THE NEWPORT BEACH (63) MUNICIPAL CODE PERTAINING TO APPLICATION OF THE CALIFORNIA VEHICLE CODE AS IT RELATES TO PARKING WITHIN 15 FEET OF A FIRE HYDRANT ON PRIVATE ROADS WITHIN THE CITY AND AUTHORIZING THE POLICE DEPARTMENT TO CITE AND /OR TOW VIOLATORS THEREFOR, was presented for adoption. Report dated April 26, 1982, from City Attorney, was presented. Motion x Adopted Ordinance No. 82 -9. All Ayes . Volume 36 - Page 154 (0 0 • Motion All Ayes • I MINUTES [ay 10, 1952 I. CONTINUED BUSINESS: 1. Report from the Planning Department regarding the status of the SANTA ANA HEIGHTS ANNEXATION, was presented. Letter from law offices of McKenna, Conner & Cuneo regarding Santa Ana Heights Annexation, was pre- sented. Hugh Coffin, Attorney representing.Santa Ana Citi- zens for Annexation, addressed the Council and summarized some of what they felt were advantages of annexation to the City. Mr. Coffin stated that they view the annexation benefitting the City to a great degree. If the area is ignored, land -use designations will change to more intense users, residential uses will be phased out and the City will bear the brunt of additional development and the secondary impacts of the development. Annexation may result in sub- stantial secondary benefits to the City in regard to its airport fight. If Santa Ana Heights is not within the City, the City can derive no benefit from Santa Ana Heights with regard to the long -term airport dispute. Reference was made to the Planning Department's Cost /Revenue Study by Mr. Coffin, which he stated indicated a negative cash flow if Santa Ana Heights were annexed. He stated it now appears that upon closer scrutiny of some of the costs involved, as well as revenues to be produced, the deficit may be reduced substantially, if not completely eliminated Substantial revaluations have recently occurred in Santa Ana Heights which have dramatically increased the potential property tax revenue generated to the City. They believe that a closer analysis of the costs incurred by annexation will also reflect a net reduction. Mr. Coffin stated that many questions are still left open which must be resolved prior to final action on annexation. The City Council must . directly confront these issues and resolve them to the benefit of the City, as well as to the tea dents of Santa Ana Heights. He suggested the Council designate an ad hoc committee who could address the unresolved questions and report to the entire Council its recommendations, prior to the Council taking any formal vote on the annexa- tion issue itself. During Mr. Coffin's presentation he was granted two additional minutes to conclude his remarks. Volume 36 - Page 155 (21) SAnHgts CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES S �$ RAI I r I �n� Mav 10. 1982 - nIucn Alice Rodriguez, 20462 Birch Street, Santa Ana Annex /SAnaHgt. Heights, addressed the Council in opposition to the • proposed annexation. She stated that the County has been working with residents in the area for the past year. She stated she felt that some residents were more impacted than.others with respect,to the airport and traffic, and that there were valid reasons why the area could be designated as multiple land -use. She was, however, in favor of formulating an ad hoc committee to study the annexation issue further. Pat Cox, resident of Santa Ana Heights, addressed the Council in favor of the annexation. She felt the annexation would benefit the area in curbing activities at the airport. She also felt that if Santa Ana Heights were zoned commercial, there would no longer be any reason to reduce the noise at the airport. I Jack Mullan, 2031 Mesa Drive, Santa Ana Heights, appeared in support of the annexation, and discussed the Cost /Revenue report which he had prepared and included with Mr. Coffin's letter. He stated that the report was based on the current level of ' service being received. In response to Council inquiry, Mr. Mullan stated that he felt the residents favoring the annexation would be supportive in petitioning LAFCO, if the City chose not to initiate said proceedings. . In conclusion, Mr. Mullan indicated he was in agree- ment with the creation of an ad hoc committee to study the annexation greater in depth and review all available options, as he felt the annexation would provide many fringe benefits to the City. Kenneth Gay, 20311 Acacia Avenue, Santa Ana Heights stated that before he could support or oppose the annexation, he would have to review a specific area land -use plan by the City and /or County. He felt said plan should accompany the petition. Richard Truofreh, 2031 Orchard Avenue, addressed the Council in opposition to the annexation. He stated he wanted to wait until the County had expressed their views regarding the area. He indicated he did not feel the City would benefit from annexing the area. Motion All Ayes x Durin g Mr. Truofreh'a presentation, he was granted one additional minute to conclude his remarks. Motion x Following discussion, motion was made to take no further action until the County has acted on the Santa Ana Heights Specific Area Plan. . Volume 36 - :Page 156 CITY OF NEWPORT BEACH C UNCIL ME @ RS MINUTES Tv Ay ROLL CALL �n � Mao 7n_ 19R9 - -- - -- - - -- -- -- IIVUGR Motion x Following further consideration, Mayor Pro Tem All Ayes Hart withdrew her motion, and motion was made to . direct the staff to come back with information on May 24 relative to the formation of an ad hoc com- mittee to study the Santa Ana Heights Annexation. 2. Report from the Parks, Beaches and Recreation John Wayne Director regarding JOHN WAYNE SCULPTURE, was pre- Sculpture sented. (24) Proposed Agreement between City of Newport Beach and Chris Matson, was presented. Proposed Agreement between the City of Newport Beach and the Newport Harbor Jaycees, was pre- sented. The City Manager advised that Chris Matson had . signed the Agreement with the City; however, the Jaycees -refuse to execute their agreement guaranteeing repayment to the City. Motion x Following discussion, motion was made to authorize Ayes x x x x x x the Mayor and City Clerk to execute the agreement Noes x with Chris Matson for completion of the John Wayne Sculpture, and to authorize a Budget Amendment, not to exceed $10,000 from the Reserve for.Cultural and Arts Fund, to comply with the fiscal requirements of the agreement with Chris Matson. Mayor Pro Tem Hart stated, it was her intent in making the motion, that said amount will be repaid . to the City. 3. Report from the Utilities Director regarding WATER Water /Prfrl REUSE (PERIPHERAL CANAL BALLOT PROPOSITION), was Canal presented. (93) Motion x Motion was made to file subject report, and adopt Resolution No. 82 -65 supporting Proposition 9 and urging a "Yes" vote for the Peripheral Canal Measure appearing on the June 8, 1982 Ballot. It was noted that the City Council, on March 22, 1982, chose not to take action to support the subject ballot measure, but a request was made of staff to research and report back as to whether any studies have been done on the reusing /recycling of water. Council Member Maurer, a representative on the State Water Quality Regional Control Board, stated that Newport Beach imports 100% of its water. In addition, almost all cities in Southern California have supported the ballot measure. In response to question raised by Council Member Hummel, it was pointed out that it will cost $680 million to build the canal, and with cost of Volume 36 - Page 157 CITY OF NEWPORT REACH C UNCIL ME B RS MINUTES �r y 9G 9 ROLL CALL �:'n Mav 10. 1982 ....� . - 1 n UCA inflation will probably rise to $1.3 billion. The Peripheral ballot measure does not give the right to build Canal _ reservoirs at either end of the canal, it only . gives permission to commence feasibility studies to determine the best way to store the water. The entire cost of the project, including all dams and reservoirs and taking into consideration inflation, is estimated at $5.4 billion. Council Member Hummel stated that he was opposed to the motion and requested the resolution reflect .such action. Ayes x x x x x The motion was voted on, and carried. Res 82 -65 Noes x x Council Member Strauss stated that his vote, in part, was due to the fact that he has consistently in the past four years opposed taking action on issues relative to legislative matters and ballot measures not directly under the City's purview. His "No" vote was not a vote with respect to the merits of this particular matter. Absent x Mayor Heather was excused from the meeting at this time. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding the S.M. Peters/ FINAL MAP OF TRACT NO. 11785, a request of the J. Tr 11785 M. PETERS COMPANY, Newport Beach to subdivide 12.115 acres of land into seven lots for residential condo- minium development and three lots for private street purposes; on property located at the south- westerly corner of Bison Avenue and Belcourt Drive North, in area 7 of the Aeronutronic Ford Planned Community, was presented. Motion x Approved Final Map of Tract No. 11785, incorporat- All Ayes ing by reference the Finding and Condition of Ap- proval recommended by the Planning Commission. 2. Report from Police Chief regarding AWARD OF CON- PD /Emrgcy TRACT TO FURNISH AND INSTALL COMMUNICATIONS Equip Ctr EQUIPMENT - EMERGENCY COMMUNICATIONS CENTER, was C -2325 presented. (38) Dr. Henry Richter of Telecomm Consultants, Inc., the City's consultant for the equipment, addressed the Council regarding the bid analysis he had prepared, and responded to questions of the Council It was noted that three companies had submitted bids, two of which were highly competitive and very close. It was recommended by the staff that the contract be awarded to Motorola in the amount of $115,410. It was the opinion of the staff that Motorola would provide all the necessary equipment . at the best price, quality and level of service. Volume 36 - Page 158 CITY OF NEWPORT BEACH C UNCIL ME ® RS MINUTES ROLL C LL n� -0 Mav 70_ lgg2 - - -- - - - -- -- HMUGR Frank T. Imondi, Vice President -Sales & Marketing, PD /Emrgcy Eq Modular Communications Systems, Inc., addressed the Council and made reference to his letter dated . May 10, 1982. He stated that they met, or exceeded all requirements of the specifications, were low in pricing and met all award criteria. He'felt the award recommendation was based solely on emotion and subjective opinion, and not the result of careful analysis guided by the spirit of equity, which is the foundation of the competitive bid process. He urged the Council to award the contrac to Modular Communications System, and stated that failure to do so would only serve further to demon- strate that equity in the City's competitive bid process does not exist. It was pointed out by the staff that included in the specifications was the following language: "The award of this procurement will be based on several criteria: "1) Total price for the turn-key system listed above will receive the heaviest weight in the evaluation and award; "2) The evaluation will also consider the responsiveness of the technical specifications contained herein, the degree to which the equipment offered exceeds the specifications, and the submittal by the bidder relating to the long -term effectiveness and continuing . ability to meet the specifications; and "3) The assurance of the bidder's ability to provide installation of all equipment to professional standards and the overall suit- ability of the total offering." The City Manager stated that in view of the fore- going, it was apparent that room was left for technical interpretation, and therefore, was one of the reasons why Dr. Richter was hired to evaluate the technical specifications. Robert A. Moesch, President, Modular Communications Systems, Inc., addressed the Council in protest to the recommended award to Motorola. He stated that he felt Motorola was not the lowest responsive bidder, nor was Motorola a compliant bidder; that the bid evaluation was biased toward Motorola; and that Modular Communications Systems, Inc. should be awarded the contract for the reasons set forth in their letters of March 19 and May 10. They did not feel it was a "normal" competitive bid process, and had they known it was an informal bid process they would not have bid. Volume 36 - Page 159 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES CALL S0 P May 10, 1982 • Motion All Ayes Motion All Ayes r � L_J x x The City Attorney stated that the City did go through competitive bidding for this project. He felt the issue was whether the City was bound to accept the lowest bid as is normally done with a public works contract. In this particular,in- stance, the specifications must be looked at which appear in the criteria set forth in Section 2.25 to allow the latitude that was applied by the consultant and by the Chief of Police in making their recommendation. He felt the consultant, within the framework of the specifications, made appropriate findings. Following consideration, motion was made to award Contract No. 2325 to Motorola, Inc., and authorize the Mayor and City Clerk to execute same. K. ADDITIONAL BUSINESS: 1. Scheduled public hearing for May 24, 1982, on Use Permit No. 2083, Miones. The meeting was adjourned at 11:50 p.m. Attest: City Clerk 0 11111111 Volume 36 - Page 160 Emrgcy Eq U/P 2083 (88)