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HomeMy WebLinkAbout01/28/1985 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING no s� A 2 i S 9 PLACE: Council Chambers F 9 �G� 9Gp 99� �9T c�F TIME: 7:30 P.M. 6 DATE: January 28, 1985 �ni i rei P 9 9 MINUTES INDEX Present x x x x x x x A. ROLL CALL. x B. The reading of the Minutes of the Meeting January 14, 1985, was waived, yes ASn of approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public Towing /Ofcl hearing regarding OFFICIAL POLICE TOW Police SERVICE. (70) Report from Executive Assistant to City Manager, was presented, wherein it was noted that the service agreement with G & W Towing will be for a two -year period, and as indicated on the report from the Police Department, G & W Towing have provided excellent service and meet all standards required by the Police Department and Municipal Code. Mayor Maurer asked if anyone wished to address the Council on the item; there being no response, the public hearing was closed. Oon x Motion was made to authorize Mayor and C -2148 All Ayes City Clerk to execute service agreement (38) with G & W Towing as an official tow truck operator. 2. Mayor Maurer opened the public hearing 3PA 81 -2(f) regarding GENERAL PLAN AMENDMENT No. (45) 81 -2 (f), a request to amend the RECREATION and OPEN SPACE ELEMENT of the NEWPORT BEACH GENERAL PLAN, and related amendments to the LAND USE ELEMENT and CIRCULATION ELEMENT of the GENERAL PLAN, and the acceptance of an environmental document; AND AMENDMENT NO. 6 to the CERTIFIED LOCAL Amind #6 COASTAL PROGRAM, LAND USE PLAN, a CP /LUP REQUEST TO AMEND THE CERTIFIED LOCAL COASTAL PROGRAM, LAND USE PLAN, as it relates to proposed changes to the Land Use Element of the General Plan, included in General Plan Amendment No. 81 -2 (f)'. Report from the Planning Department, was presented. Volume 39 - Page 20 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s 9 9 G S.o l \<�� F January 28, 1985 ROLL \CAL r G INDEX Discussion ensued wherein the staff GPA 81 -2(f) responded to inquiries of Council ., regarding certain greenbelt areas; proposed neighborhood park in Newport Village Area; Down Coast and Santa Ana Heights Sphere of Influence; proposed 5 -acres per- 1,000 population standard.in the Park Dedication Ordinance; Overlay Zone; and Scenic Drives. H. Ross Miller, 1627 Bay Cliff Circle, representing Friends of Oasis, addressed the Council and stated that they are concerned with The Irvine Company Fifth Avenue parcels currently being considered by the Planning Commission. They are also concerned with proposed Oasis Expansion, which is being recommended for inclusion in the Recreation and Open Space Element of the General Plan at this time. Mr. Miller requested the Council to delay action on the aforementioned until the Planning Commission has made their recommendation to the City Council on the Fifth Avenue parcels. Mayor Maurer was excused at 8:05 p.m. to attend a meeting regarding John Wayne Airport, and relinquished the gavel to Mayor Pro Tem Plummer. Mr. Miller concluded his remarks by stating that they feel the land to the north of Oasis should be left "undisturbed" and in the ownership of The Irvine Company. He indicated that they have no use for it and feel it would only create additional problems. It was further requested by Mr. Miller that the Council consider requiring The Irvine Company to dedicate the land 80 feet wide and 400 feet long east of their present center driveway, which would give them "breathing room" and clear space to the alley. Dick Nichols, 519 Iris Avenue, President, Corona del Mar Community Association, addressed the Council discussed the proposed View Park at Fifth and :Marguerite Avenue, Buck Gully, Bayview Mini -Park in the Santa Ana Heights area and Corona del Mar Volume 39 - Page 21 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAL .o�GROLL Gs`p January 28, 198.5 :runcY Elementary School Site. He also stated GPA 81 -2(f) he was pleased to see the proposed amendment to the Park Dedication Ordinance regarding in -lieu fees at a rate of five -acres per one thousand population. Ron Kennedy, 550 Hazel Drive, addressed the Council regarding Buck Gully and Marguerite Parcel A. He stated that he felt there was an inconsistency in some of the City documents with respect to the designation for Marguerite Parcel A, and suggested the staff prepare a bibliography on this parcel for the next meeting. Regarding Buck Gully, he recommended that if there is going to be a zone change, notification of the public hearing be given to those property owners affected. Motion x Hearing no others wishing to address the All Ayes Council, motion was made to continue the public hearing to February 11, 1985. E. PUBLIC COMMENTS: Jean Watt, President, SPON, addressed /C Arpt the Council and submitted a copy of a letter she had received from Thomas F. Riley, Chairman of the Board of . Supervisors, regarding the January 30th hearing on John Wayne Airport Master Plan, Santa Ana Heights Land Use Compatibility Program, and EIR 508 /EIS. Also submitted was a copy of a letter from SPON dated January 26, 1985 to the Board of Supervisors with comments regarding the Airport Master Plan, Land Use Plan and EIR 508. In addition, Mrs. Watt submitted Annex/SA petitions to the City Clerk containing Heights over 6,000 signatures of Newport Beach residents, requesting the City, through the Local Agency Formation Commission to initiate proceedings to annex a certain portion of Santa Ana Heights to the City of Newport Beach. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. Volume 39 - Page 22 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \PP\ MOLL 9 Z�9 Janua ry 28, 1985 MINUTES INDEX 2. RESOLUTIONS FOR ADOPTION: . (a) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Removed from Consent the Calendar. (b) Authorize Mayor and City Clerk to UprNptBay execute Professional Services SCR Prj/ Agreement with Michael H. Cheney Unit II (Contract No. 2483(B)) to provide C- 2483(B) preliminary engineering study for (38) the Unit: It Upper Newport Bay Sediment. Control and Restoration Project (Contract No. 2483). (Report from Public Works) (c) Authorize Mayor and City Clerk to Sdwlk /Tree award contract No. 2449 to FAV Rplcm Balboa Engineering for the total bid price Pnsla of $49,945.25, for Sidewalk and C -2449 Tree Replacement on Balboa (38) Peninsula; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works) (d) Rescind the award of the Balboa Balboa Pier Pier and Handrailing Repair Hndrlg Rpr • Contract No. 2427 to Berman C -2427 Engineering and direct staff to (38) collect Bidder's bond; award said Contract No. 2427 to second low bidder, Anchor Marine, for the total bid price of $64,024; and authorize the Mayor and the City Clerk to execute the contract. (Report from Public Works) (e) Authorize the Mayor and the City UprNptBay Clerk to execute Funding Agreement SCR Prj/ with Port of Long Beach (Contract Unit I No. 2441(B -1)) for Unit I Upper C- 2441(B -1) Newport. Bay Sediment Control and (38) Restoration Project Contract No. 2441. (Report from Public Works) (f) Removed from the Consent Calendar. (g) Award Contract for Administration CDBG Prg/ of Community Development Block Adm Grant Program to Mark Briggs S C -2491 Associates, Inc., in the amount of (38) $31,600; and authorize the Mayor and City Clerk to execute said contract. (Report from Planning Department) • Volume 39 - Page 23 CITY OF NEWPORT BEACH CbUNCIL MEMBERS Of e 9,9 �G� 9G,p 99.E 9j, c�F uni i re G�J ��%� y�9 January 28, 1985 MINUTES INDEX 4. COMMUNICATIONS - For referral as indicated: • (a) To staff for inclusion in the Girl Scouts/ records, list of letters from qisc concerned citizens regarding (52) proposed plan to eliminate the Girl Scout House at 1700 Balboa Boulevard. (b) To Aviation Committee, letter from /C -John John Seymour, State Senator, ayne Arpt regarding the proposed Master Plan (54) for the John Wayne Airport, and letter from City of Cypress Mayor Kanel regarding film presentation by Newport Beach about John Wayne Airport expansion. (c) To staff for response, letter from eneral Sry Tyrome Tripoli regarding waste (44) disposal endangering the immediate environment. (d) To Park, Beaches and Recreation for PB&R response, letter from T. Duncan (62) Stewart regarding city trees. (e) To staff for budget consideration, Bdgt Amnd request from Veterans Memorial (25) • Committee Chairman Major M. Anderson, Jr., regarding donation for completion of Veterans Memorial of Orange County. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) E. P. Benson's reply to Supervisor Riley regarding John Wayne Airport Master Plan. (b) Orange County Local Agency Formation Commission Minutes of December 5, 1984. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Mr. 8 Mrs. Wayne Bellinger for Bellinger alleged property damage to front yard, etc., which was caused during replacement of sidewalk on Seaview Avenue during the month of December, 1984 at 2300 Seaview Avenue:. • Volume: 39 - Page 24 CITY OF NEWPORT BEACH COUNCIL MEMBERS \AL \tpA ROLL January 28, 1985 MINUTES INDEX (b) C.V. & Edna F. Bonham for property Bonham damage, alleging City crew damaged • sprinklers between December 10 and 24, 1984 at 3000 Seaview, Corona del Mar. (c) Joanne Cofano for alleged personal ofano injuries as a result of trip and fall on sidewalk at 205 Edgewater on October 31, 1984. (d) Susan and Barry Eaton for alleged Eaton property damage to home from City sewer backup at 727 Bellis on I January 12, 1985. (e) Robert J. Falls for reimbursement Falls charges alleging vehicle towed in error from River and 49th Street on December 5, 1984. (f) Karen M. Ludolph for property Ludolph damage and reimbursement for parking meter ticket, alleging vehicle damaged by City Metermaid at City Hall parking lot facing Newport Boulevard on January 12, 1985. (g) Mar -lynn Kinshbaum (by David Kinshbaum Diamond) for alleged personal • injuries to wrist as a result of fall while skating on sidewalk at boardwalk on October 13, 1984. (h) Marjorie Norick for property damage Norick as a result of vehicle damage by City Refuse Truck while parked in Gelson °s Market parking lot on December 21, 1984. (i) Joseph R. Perrino for reimbursement Parrino for towing charges, alleging City towed vehicle in error, at Clay Avenue on December 28, 1984. (j) Patrick J. Toomey for damages, Toomey alleging loss of employment, emotional distress resulting from threat & violation of claimants civil rights by City Police Officer, etc., on October 22, 1984. For Rejection: (k) Late Claim of Arthur E. Gronsky for Gronsky propertT damage, alleging City truck backed into claimant's legally parked vehicle at 711 W. • 17th Street, Costa Mesa, on July 30, 198 . Volume 39 - Page 25 CITY OF NEWPORT BEACH COUNCIL MEMBERS \r 9g �G� 9G,A 99� �9J, cFc„ CAI l Gds �Fp F9 Z�9 January 28, 1985 MINUTES II! 1 (1) Insufficient Data regarding date of Mai Kai C/A service of the original complaint of Mai Kai Community Association for indemnity, contribution, declaratory relief, etc. regarding claim filed by Cecelia Forrester who fell. over piece of raised concrete while jogging at pathway near intersection of Jamboree Road and Bayside Drive on July 9, 1983. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Summons and Complaint of David B. Beek Beek for property damages, personal injury, etc., Orange County Superior Court, Case No. 44- 76 -44. Claim wets denied by City Council November 13, 1984. (b) Summons and Complaint of Rodger G. Fruichantie Fruichantie, for personal damages, etc., United States District Court, Case No. CV- 84- 9126 -RJK. Claim was denied by City Council May 29, 1984. (c) Summons and Complaint of Catherine ressier Tessier, Orange County Superior Court, Case No'. 44- 72 -60. Claim was denied by City Council October 22, 1984. (d) Summons and Complaint of Peter Vogel Vogel, Orange County Superior Court, Case No. 44- 48 -15. Claim was denied by City Council on June 25, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from City Manager) (a) Approve one Refuse Crewman, General Services Department. (b) Approve one Parking Meter Serviceman I, Public Works Department. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Report from City Attorney regarding City Atty request for approval of legal (31) services by Orange County Counsel in defending City in property tax case (Fearnley v. County and City) • and authorizing payment therefor. Volume 39 - Page 26 CITY OF NEWPORT BEACH C9UN,CIL MEMBERS \CALROLL January 28, 198.5 MINUTES INDEX (b) Report from City Attorney regarding O'Donnell/ • request for approval of legal Gordon services for airport attorneys C -2331 (O'Donnell and Gordon, Contract No. (38) 2331) for January and February, 1985. 10. PUBLIC HEARING SCHEDULING: None. 11. HARBOR PERMIT APPLICATION #222 -717 - Harbor Perm Approve application subject to 11222 -717 conditions of approval listed in staff (51) report for Lido Yacht Anchorage to revise their commercial permit to allow the installation of a marine travel lift. (Report from Marine Department) 12. BAYSIDE DRIVE AND SHORECREST LANE STREET BSide Dr/ IMPROVEMENTS (C -2464) - Approve the ShrCrst St plans and special provisions, and Impvms authorize the City Clerk to advertise -2464 for bids to be opened at 11:00 a.m., (38) February 14, 1985. (Report from Public Works) 13. APPLICATION OF HENRY T. SEGERSTROM - To Permit/ construct nonstandard sidewalk and alley Segerstrom pavement adjacent to 1617 E. Bayfront (65) and 1618 E. Balboa Boulevard; approve application subject to applicant signing • an agreement for nonstandard improvements; and authorize the Mayor and City Clerk to execute said agreement and record. with Orange County Recorder. (Report from Public Works) 14. BUDGET AMENDMENTS - For approval: (25) BA -063, $2,700 - Transfer from General Sry Unappropriated Contingency Reserve to (44) Overtime 8 Automotive Services, Refuse - General Services. (Report from General Services) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Marine Department regarding Balboa Ycht proposed lease with Basin Marine, Inc., Basin Impvm for boat yard and dock facilities and C -2490 related uses, was presented. (38) Motion x Motion was made to refer the subject item back to staff and the Tidelands Affairs Committee for consideration of a shorter team lease and adjustments to rentals more often than every 4 years; and report: back on February 11, 1985. • Volume 39 - Page 27 CITY OF NEWPORT BEACH COUNCI6 MEMBERS \CALROLE January 28, 1985 MINUTES INDEX David L. New„ President, Basin Marine, Inc., addressed the Council and stated it would not create a hardship to postpone action on the lease two weeks. However, he felt they had negotiated a "fair" lease for both parties, and to renegotiate again would mean restructuring their financing agreements with the banks. Ayes x x x x x The motion was voted on and carried. Noes x 2. Proposed resolution amending Resolution Cncl Ad Hoc No. 84 -121 extending the term of the nryVig /MCFd] citizens Ad 'Hoc Cannery Village /McFadden SAP Cmte Square�upeoif�c Area Plan Review Committee (24) to December 30, 1985, was presented. It was pointed out that the resolution relates to the City Council Ad Hoc Committee and not the Citizens Ad Hoc Committee, as set forth on the agenda. Motion x Motion was made to adopt Resolution No. Res 85 -6 All Ayes 85 -6 as corrected. 3. Report from Public Works regarding award UprNptBay of Contract No. 2441, Alternate B, to SCR Prj/ Valley Engineers, Inc., of Fresno for Unit I $3,511,000 for Unit I Upper Newport Bay C -2441 Sediment Control and Restoration (38) Project, was presented. John Miller (no address given) addressed the Council and stated how pleased he was with the sediment control and restoration project. Motion x Motion was made to award Contract No. All Ayes 2441, Alternate B, to Valley Engineers, Inc., for $3,511,000 for Unit I Upper Newport Bay Sediment Control and Restoration Project; and authorize the Mayor and the City Clerk to execute said contract. H. ORDINANCES FOR ADOPTION: 1. Proposed URGENCY ORDINANCE NO. 85 -11 Urg /Ord 85 -1 being, Ping /Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF SECTIO14S 20.13.040, 20.14.040, 20.15.040, 20.16.045, and 20.17.045 REGARDING SETBACKS IN RESIDENTIAL ZONES, • Volume 39 - Page 28 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES n s o S S v �¢ ROLL ®L Gss �Fp January 28, 198') izens AC CAC was presented for adoption with report from City Attorney. son x Motion was made to adopt Urgency All Ayes Ordinance No. 85 -1. I. CONTINUED :BUSINESS: 1. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEES for a one -year term expiring December 31, 1985 (appointed by Council upon recommendation of each Council Member). The following appointments were confirmed: Bicycle Trails Citizens Advisory Committee Motion x (District 2) Mayor Pro Tem All Ayes Plummer's appointment of Gordon Breecher. Citizens Traffic Advisory Committee Motion x (District 3) Council Member Hart's All Ayes appointment of Delores Gelberg. Environmental Quality Citizens loon x Advisory Committee (District 2) Mayor Pro Tem All Ayes Plummer's appointment deferred to February 11, 1985. Motion x (District 3) Council Member Hart's All Ayes appointment of Harry Merrill. Motion x (District 7) Council Member Cox's All Ayes appointment deferred to February 11, 1985. Newport Beautification Citizens Advisory Committee Motion x (District 4) Council Member All Ayes Heather's appointment of Eleanor Baldwin. Motion x 2. Mayor's appointment to vacancy for All Ayes alternate to Airport Action Association Representative on the Aviation Committee was deferred to February 11, 1985. Volume 39 - Page 29 izens AC CAC 9 n U @UNCIL MEMBERS o (G S 5 v w, Gss January 28, 198') J. CURRENT BUSINESS: None. R. ADDITIONAL BUSINESS: None. Meeting adjourned at 9:05 p.m. to Monday. February 4, 1985 at 7:30 a.m. ATTEST: ty MINUTES Volume 39 ® Page 30