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HomeMy WebLinkAbout02/11/1985 - Regular MeetingAt i COUNCIL MEMBERS REGULAR COUNCIL MEETING \CALPLACE: Council Chambers TIME: 7:30 P.M. DATE: February 11, 1985 ROLL MINUTES irinwY Present x x x x x x x A. ROLL CALL. on x B. The reading of the Minutes of the Ayes Meeting of January 28, 1985, was waived, 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 GPA 81 -2(f) hearing regarding GENERAL PLAN AMENDMENT (45) NO. 81 -2(f), a request initiated by the City of Newport Beach to amend the RECREATION AND OPEN SPACE ELEMENT of the NEWPORT BEACH GENERAL PLAN, and related amendments to the LAND USE ELEMENT and CIRCULATIO14 ELEMENT of the GENERAL PLAN, and the acceptance of an environmental document; AND AMENDMENT NO. 6 to the CERTIFIED LOCAL Amnd#6 to COASTAL PROGRAM, LAND USE PLAN, a Certified request initiated by the City of Newport LCP /LUP Beach 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. The City Clerk reported that after the agenda was printed, letters were received from Norma Gilchrist, Caroline Bovee and Marthella Randall regarding the Fifth Avenue parcels. Mayor Maurer announced that he was absent from the last City Council meeting when this item was first publicly heard; however, he has listened to the tape; recording of the proceedings in order to participate at this time. Brenda Ross, 10 Summerwind Court, addressed the Council and spoke in support of senior citizen housing adjacent to the Oasis Center. She also requested that an EIR for the projected needs of senior citizen housing be completed before further action is taken, inasmuch as approximately 1/3 of the City's population is the elderly. Volume 39 - Page 32 COUNCIL MEMBERS \CALROLL G�J F9 y�9 February 11, 1985 MINUTES 1.1%y i She also indicated that there had been GPA 81 -2(f) discussions to consider purchasing the & • property adjacent to the Oasis from The Amnd#6 Irvine Company. LCP /LUP Dick Nichols, 519 Iris Avenue, representing the Corona del Mar Community Association, addressed the Council and urged that consideration be given to a "meaningful" regional park in the Grant Howald area adjacent to Fifth Avenue. He also spoke in support of elderly housing adjacent to the Oasis, and urged that Buck Gully not be changed to the designation of Open Space. Dave Dmohowski, representing The Irvine Company, addressed the Council and submitted a letter, wherein it was noted that the proposed plan affects virtually all of their undeveloped residential land in the City. Many of the concerns they had earlier have been addressed by the staff and Planning Commission; however, one issue which they feel still needs to be addressed has to do with public access onto privately -owned property. The possible introduction of public trails or public access into privately -owned areas raises the question of maintenance responsibility and liability. It is their position that where the public benefits from such access, the public should be responsible for maintenance, as well as liability. He stated that he felt wording to this effect should be added to the Draft Element, Luvena Hayton, 235 Poppy Avenue, addressed the Council and suggested that the proposal to change Buck Gully to Open Space be looked at very carefully before any public funds are spent in the area. She also felt that no in -lieu fees should be accepted for the Fifth Avenue parcels, or any higher density in the area. She felt that additional greenbelt areas are very much needed in Corona del Mar. Reference was made to the Fifth Avenue parcels, wherein it was noted that one of the projects the Planning Commission is currently considering is 80 units between the Oasis and Buck Gully known as The Cottage Home /Bren Project. • Volume 39 - Page 33 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL '5' 'S- 9 9 �G?y 9G9 ; February 11, 1985 MINUTES INDEX The City Manager referred to the GPA 81 -2(f) Recreation and Open Space Element Plan, y • and recommended the following changes: Amndll6 LCP /LUP Page 46, Item No. 2 - Oasis Expansion - The words "to the north" to be deleted from the first sentence. The words "now being done for this public area" to be deleted from the second sentence. Page 47, Item No. 6 - Grant Howald CYC - Oasis - The second sentence to be eliminated; also the word "Oasis" to be stricken from the heading of the paragraph. Dr. James De Lamater, 2312 Pacific Avenue, addressed the Council and stated he felt the time was "overdue" for a study of areas for senior citizen housing. He would also hope that the study could be done prior to final action on the Fifth Avenue parcels. Joseph Mariscal, 126 Crystal, Little Balboa Island, addressed the Council and commended the Friends of the Oasis for the outstanding work they have done in developing recreational and educational • activities. He also stated that they are in need of a larger parking lot to the south of their facility. H. Ross Miller, 1627 Baycliff Circle, representing Friends of Oasis, addressed the Council., and stated that they feel an EIR is needed regarding the future of the Oasis, and what impact future developments will have on their organization. He also stated that he felt the proposed development by The Irvine Company was not designed with senior citizens in mind. Ron Kennedy, 550 Hazel Drive, addressed the Council regarding what he thought was an inconsistency in some of the City documents with respect to Marguerite, Parcel A, and its designation. He also asked if a bibliography had been done on Parcel A, as was requested at the Council meeting two weeks ago. The City Manager advised that an Initial Study and Negative Declaration was completed on the documents under consideration by the City Council at this time. In addition, the staff • researched all the records Mr. Kennedy Volume 39 - Page 34 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALROLL February 11, 1985 INDEX referred to when he testified at the GPA 81 -2(f) last meeting, and all records clearly & show that The Irvine Company has been, Amnd#6 and still is, the property owner of the LCP /LUP subject parcel. Barney Larks, 1901 Beryl Lane, received clarification of the proposal being considered, and spoke in support of senior citizen housing in the City. Ed Wolfe, 1718 Tradewinds Avenue, addressed the Council \regarding the 5th Avenue parcels currently being considered by the Planning Commission. Following comments by the staff, the City Council straw -voted the following items from a checklist, indicating the items in the Draft Recreation and Open Space Element revision that represent changes from the existing Recreation and Open Space Element, Land Use Element, and /or Local Coastal Program: All Aye's 1. Develop approximately a twenty acre community park in the Banning oil fields, rather than a series of smaller parks as currently shown. Ayes 2. Designate only a portion of CalTrans East as Recreational and Environmental Open Space, with the remainder of the site designated Governmental, Educational and Institutional Facilities. (Although this will entail revision of Local Coastal Program Land Use Plan mapping, it is consistent with language in the LCP which provides for expansion of Hoag Hospital or a parking facility on the site.) All Ayes 3. Designation of Semeniuk Slough for open space use. All Ayes 4. Eliminate future park site at 32nd and Balboa (Max Morgan site). All Ayes 5. Designate the currently undesignated City -owned property adjacent to the Santa Ana River as Recreational and Environmental Open Space. • Volume 39 - Page 35 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL February 11, 1985 MINUTES INDEX All Ayes 6. Designate the public beach at GPA 81 -2(f) 'Tenth Street for Recreational & • and Environmental Open Space Amnd#6 use. LCP /LUP Ayes x 7. :Delete language in the Local Noes x x x x x Coastal Program indicating Abstain x that at Marinapark: "It is the intent of the City to preserve the mobile home use..." All Ayes 8.a. Provide an expanded view park on the Castaways site which may serve some neighborhood park and view park functions on each site, rather than separate neighborhood and view parks. All Ayes b. Provide for the option of a scenic drive, similar to Ocean Avenue, between the proposed view park and proposed development with the option to be exercised at the discretion of the City. All Ayes 9. Provide an aquatic facility at North Star Beach. • Ayes 10. Designate the currently undesignated sites.of the Sea Scout Base and Orange Coast College facility as Governmental, Educational and Institutional Facilities. All Ayes 11. Designate the Bayview /North Bay area for only a minipark rather than a regional park as shown in the existing element, leaving the remainder of the area designated Low Density Residential, which is currently shown as an alternate use. All Ayes 12. Add Recreational and Environmental Open Space striping to the residential portion of the Westbay site. All Ayes 13. Designate development of a boat ramp at the Coast Highway bridge. • Volume 39 - Page 36 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL February 11, 1985 MINUTES IIdL72r, All Ayes 14. Designate no additional GPA 81 -2(f) miniparks on Balboa Island in & • contrast to the existing Amnd#6 element which showed five, LCP /LUP including the existing Beek Park. All Ayes 15. Map Beek Park on Agate Avenue as Recreational and Environmental Open Space. All Ayes 16. Provide expanded view park on the Newporter North site which may serve some neighborhood park and view park functions on each site, rather than separate neighborhood and view parks. All Ayes 17. Designate the northwesterly corner of the Jamboree Road /Coast Highway intersection as Recreational and Environmental Open Space rather than Retail and Service Commercial as at present. . All Ayes 18. Designate a portion of the Newport Village site as neighborhood park. Ayes 19. Designate a portion of the former Corona del Mar school site as Recreational and Environmental Open Space. All Ayes 20. Designate the open space area at Hampden Road in Cameo Shores as Recreational and Environmental Open Space. All Ayes 21. Eliminate mapping of an additional neighborhood park north of Cameo Highlands, outside of the City limits. All Ayes 22. Provide a view park on the parcel at Harbor View and Marguerite. Previous plans designate the site for open space use but does not specify use as a view park. Ayes x x x x x x 23. Remove the alternate Noes x residential use from Buck Gully north of Fifth Avenue designating the site solely as open space. • Ayes 24. Delete alternate residential use on the Oasis site. Volume 39 - Page 37 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gtr �Fp F9 y�9 February 11, 1985 MINUTES irunFY All Ayes 25. Indicate existing parks in CPA 81 -2(f) Spyglass Hill and Harbor View 6 Hills. Amnd#6 LCP /LUP All Ayes 26. Revision and addition of greenbelt to reflect current Land Use.Element and Planned Community texts. All Ayes 27. Designate the following additional locations as Scenic Drives: a. Bluffs at the Castaways site. b. Jamboree.Road, south of San Joaquin Hills Road. c. Irvine Avenue between University Drive and Santiago Drive. d. Cliff Drive east to Irvine Avenue continuing along Irvine Avenue to segment previously identified in the Plan. e. MacArthur Boulevard, south of San Joaquin Hills Road. f. Marguerite Avenue. Ayes x x x 28. Pursue amendment of the Park Noes x x x x Dedication Ordinance to provide for land appraisals on a case -by -case basis. All Ayes 29. Amend the Park Dedication Ordinance to clearly provide for land dedication or in lieu fees at a rate of five acres per one thousand population. All Ayes' " 30. Revise the City's existing Open Space District so that it will function both as a primary zone and an overlay zone and develop management guidelines for properties with this designation. All Ayes 31. Relocate the Master Plan of Bikeways and appropriate text to the Circulation Element. • Volume 39 - Page 38 CITY OF NEWP'OR'T BEACH COUNCIL MEMBERS !' \%Pop O� y ROLL ICAL February 11, 1095 MINUTES INDEX All Ayes 32. Adopt policies and programs CPA 81 -2(f) for the use and acquisition of & • school sites to facilitate Amnd #6 continued recreational use of LCP /LUP, such sites in accordance with state laws pertaining to surplus school sites. All Ayes 33. Adopt policies and programs to reduce sedimentation in Upper Newport Bay. All Ayes 34. Allow short term beaching of small craft in designated areas. All Ayes 35. Provide for expansion of the Oasis Center consistent with Master Plan studies. Motion x Motion was made to bring back to a study All Ayed session in approximately 30 days, a proposal to revise the City's Property Development Tax Ordinance to increase building fees to reflect changes in the cost of living since adoption of the $.21 per square foot tax rate. Hearing no others wishing to address the Council, the public hearing was closed. on x Motion was made to adopt Resolution No. Res 85 -7 Ayes 85 -7, (consistent with the straw votes taken in the foregoing) amending the Recreation and Open Space, Land Use, and Circulation Elements of the Newport Beach General Plan and to the Local Coastal Program, with acceptance of a Negative Declaration as set forth in the resolution. 2. Mayor Maurer opened the public hearing GPA 85 -1(a) regarding GENERAL PLAN AMENDMENT (45) 85-1(a), a request initiated by the City of Newport Beach, eliminating obsolete language in the RESIDENTIAL GROWTH ELEMENT and incorporating remaining portions of the RESIDENTIAL GROWTH ELEMENT into the LAND USE ELEMENT of the NEWPORT BEACH GENERAL PLAN, and the acceptance of an Environmental Document. Report from the Planning Department, was presented. It was pointed out that the three most significant: changes are the elimination of references to the "trend growth" • analysis; the removal of the Beacon Bay Volume 39 - Page 39 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\\f\�5p '5 9 9yA c�F ROLL y�9 February 11, 1985 MINUTES IIu n F Y Specific Area Plan; and the addition of GPA 85 -1(a) a map showing the area of the City (45) subject to flooding. Mayor Maurer asked if anyone wished to address the Council, to which no one responded. Following discussion with respect to. various changes, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 85 -8 All Ayes 85 -8, with the following changes, eliminating obsolete language in.the Residential Growth Element and incorporating remaining portions of the Residential Growth Element into the Land Use Element of the Newport Beach General Plan, and the acceptance of an Environmental Document: Land Use Element Page 16 - Delete reference to Specific Area Plan in second paragraph. Page 18 - Leave in language regarding Marinapark in second • paragraph. Page 21 - Under designation Promontory Bay Area, delete the first "and" in line one; and change line three to read: "...of Coast Highway between the Upper Bay Bridge and Jamboree Road, and the property at..." Page 22 - Title of first paragraph changed to read: Mariner's Mile, Bayshores, Newport Heights, and Cliff'haven Area (Statistical Division H) Page 23 - (3)Balboa Bay Club Site - Delete the words "prepared by the Balboa Bay Club and" from the last sentence. Page 23 - (4)Balboa Bay Club Site - Delete paragraph four. 3. Mayor Maurer opened the public Hearing Ambulance/ regarding Certificate of Public Orange Medi- Convenience and Necessity for Orange Trans Medi -Trans Ambulance Company. (Y2) • Report from Executive Assistant, was presented. Volume 39 - Page 40 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ,o 9 �G� ROLL Gss ��„ Ffl y�9 February 11, 1985 MINUTES INDEX Steven Wenger, Director of Operations, Orange Medi- Trans, Inc., addressed the • Council, and stated that he was available for questions. Bruce Stover, representing Schaefer's Ambulance Service, addressed the Council and stated that their company was one of three providing ambulance service to the City of Newport Beach, and that he did not feel there was a definite need for a fourth such company. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 85 -9 All Ayes 85 -9, granting a Certificate of Public Convenience and Necessity to Orange Medi -Trans Ambulance Company to provide non - emergency ambulance service with the City of Newport Beach. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: (a) Proposed ORDINANCE NO. 85 -2, Ord 85 -2 being, Vehicles/ Traffic/ AN ORDINANCE OF THE CITY Refuse Bins OF NEWPORT BEACH (85) ESTABLISHING CHAPTER 12.63 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PROCEDURES FOR ISSUING COMMERCIAL REFUSE BIN PERMITS; AMENDING CHAPTER 12.62 PERTAINING TO STREET CLOSURE PROVISIONS. 2. RESOLUTIONS FOR ADOPTION: None. • Volume 39 - Page 41 CITY OF NEWPORT BEACH COUNCIL MEMBERS co o S ti v ROLL February 11, 1985 MINUTES INDEX 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk Hoag Mem to execute an Agreement for the Hsptl /Sale sale of surplus gas from the City Surplus Gas Tank Farm to Hoag Memorial Hospital C -2493 Presbyterian subject to a (38) satisfactory encroachment permit being obtained from CalTrans. (Report from Utilities Department) (b) Authorize the Mayor and City Clerk Bal Blvd to execute an Agreement for R -O-W Acq/ Arterial Highway Financing Program 0 /C /AHFP (AHFP) funding of Balboa Boulevard C -2492 Right -of -Way Acquisition with the (38) County of Orange. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Aviation Committee and staff for SAna Hgts inclusion in the records, Anxtn /O /C- endorsement regarding "Workable John WynArpt Airport Solution," and annexation (21/54) of Santa Ana Heights from Mariners Community Association, and letter from Lillian De Shago regarding airport expansion. • (b) To Building and General Services Bldg /GS Departments for response, letter (26/44) from Richard E. McCarty regarding building construction hours of operation and condition of Newport Pier and restrooms. (c) To Planning for inclusion in the Anxtn /LAFCO records, letter from Orange County (21) Local Agency Formation Commission regarding annexation of County Islands within Cities' Spheres of Influence. (d) To Planning for response, letter SAna Hgts . from Balboa Peninsula Point Anxtn Association regarding endorsement .(21) of the Santa Ana Heights annexation. (e) To Traffic Affairs Committee for Traffic response, letter from Balboa (85) Peninsula Point Association regarding traffic and endorsing widening the Arches overpass. i Volume 39 - Page 42 CITY OF NEWPORT BEACH COUNCIL. MEMBERS \CALROLL February 11, 1935 MINUTES INDEX (f) To License Division for response, Bus License/ letter from Bob McCaffrey regarding Spcl Evnt • Olympic Torch 5 and 10K Run and Permit Food Festival at Fashion Island on (65) June :30, 1985. (g) Removed from the Consent Calendar. (h) To Police Department for PD consideration, letter from State (70) Office of Criminal Justice Planning regarding domestic violence crime prevention and Governor's Victims Service Award Program. (I) Removed from the Consent Calendar. 5. COMMUNICATIONS - For.referral to the City Clerk for inclusion in the records: (a) Copy of letter from Richard Farnell, Attorney representing Lido Park Mobilehome Owners Association regarding Curci- Turner Company leases. (b) Orange: County Local Agency Formation Commission Preliminary Agenda of February 6, 1985. • (c) Applications before the California Public. Utilities Commission regarding Southern California Edison Company (No. 85 -01 -021); and Pacific Bell for 1986 general rate increase and interim surcharge. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) John R. Anthony seeking Anthony reimbursement for expenses incurred due to alleged Police Department clerical error resulting in his arrest on October 26, 1984. (b) Patrick J. Arthurs for alleged Arthurs false arrest, false imprisonment, etc., at Jamboree Road and Coast Highway on November 5, 1984. (c) Shea Bassett seeking reimbursement Bassett of ski parka confiscated by Police Department on January 11, 1985 at Newport Police Station and alleged not returned. • Volume 39 - Page 43 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL GSr � yF9 February 11, 1985 MINUTES INDEX (d) Lisa Chilton for property damage to Chilton vehicle, alleging water in street • and no signs posted indicating ditch, at corner of Pearl and Park, Balboa Island on February 2, 1985. (e) Removed from the Consent Calendar. (f) Graham Melstrand alleging personal Melstrand injuries as a result of bicycle fall, at Newport Pier adjacent to Boardwalk and end of parking lot, on January 13, 1985. (g) Jerry Mendelson for alleged Mendelson property damage, as a result of. sign pole which blew down in wind storm at 201 Edgewater, on January 12, 1985. (h) Joseph A. Savone alleging property gavone damage to vehicle due to oil slick in roadway ,.hich had not been cleaned up by City from prior traffic accident at transition road from southbound Pacific Coast Highway to northbound Newport Boulevard, on November 29,'1984. (i) Kenneth J. D. Weller alleging Weller property damage to vehicle tire as a result of jagged condition of curbing at Campus Drive and MacArthur Boulevard, on October 30, 1984. For rejection: (j) Late claim of Keenan and Keenan Asso: Association for Lucy Blancato for for Blancat: personal injuries as a result of fall on sidewalk, alleging handicap curb inappropriately marked at Balboa Street and Main on July 19, 1984. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Timothy Crawford and Brian Huschke, Crawford/ Orange County Superior Court, Case Huschke No. 448649. Claim was denied by City Council on September 26, 1983. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Officer, Police • Department. Volume 39 - Page.44 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Gds ��9 Fp Z�9 February 11, 1985 MINUTES INDEX (b) Approve one Librarian III, Library Department. • (c) Approve one Maintenance Man I, General Services. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Report from City Attorney regarding SAna Hghts/ Santa Ana Heights annexation Anxtn petitions. (21) For Council information and filing - (b) Simonis and Moreland, Accountants Finance/ Incorporated -- commentary on the Audit FY'84 Audit. Requirements of the 1980 (40) Amendments to the State and Local Fiscal Assistance Act in compliance with the Revenue Sharing Act for the City of Newport Beach Fiscal Year ending 1984. 10. PUBLIC HEARING SCHEDULING: None. 11. TRACT NO. 11604 AND 12164 - A portion of Tract • Block 56, Irvine's Subdivision located in the southeasterly corner of Jamboree 11604/12164 Road and Bison Avenue - Approve an agreement for non - standard street improvements in Tract Nos. 11604 and 12164 with J. M. Peters Company; and authorize the Mayor and City Clerk to execute said agreements and direct the City Clerk to have the agreement .recorded with the Orange County Recorder. (Report from Public Works) 12. MEDIAN IMPROVEMENT AGREEMENT ON BISON Permit/ AVENUE ADJACENT TO THE J. M. PETERS. Encrchm COMPANY DEVELOPMENT - Approve an J. M. Peters encroachment agreement and declaration (65) of covenants between landowners for street median improvements along Bison Avenue adjacent to Tract Nos. 11604 and 12164, a portion of Block 56, Irvine's Subdivision, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard; authorize the Mayor and City Clerk to execute said agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. (Report.from Public Works) • Volume 39 - Page 45 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL GSr �F� F`9 y�9 February 11, 198') MINUTES INDEX 13. IMPROVEMENTS IN TRACT NO. 11450 - Tract 11450 Approve the as -built improvement plans • and accept the public improvements constructed in conjunction with Tract No. 11450, a portion of Tentative Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard in the Aeronutronic Ford Planned Community; and authorize the City Clerk to release the Faithful Performance Bond (No. 102877) and release the Labor and Material Bond (No. 102877 -A) in six months provided no claims have been filed. (Report from Public Works) 14. IMPROVEMENTS IN TRACT NO. 11449 - Tract 11449 Approve the as -built improvement plans and accept the public improvements constructed in conjunction with Tract No. 11449, a portion of Tentative Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard in the Aeronutronic Ford Planned Community; and authorize the City Clerk to release the Faithful Performance Bond (No. 102875) and release the Labor and Material Bond (No. 102875 -A) in six months provided no claims have been filed. (Report from Public Works) • 15. RESUBDIVISION NO. 795 - Approve a Resub 795 subdivision agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 795, a portion of Lot H, Tract No. 616, located at 2439, 2505, and 2507 West Coast Highway, on the southerly side of West Coast Highway, between Tustin Avenue and the Balboa Bay Club in the Mariner's Mile Specific Plan Area; and authorize the Mayor and City Clerk to execute the agreement. (Report from Public Works) 16. IMPROVEMENTS IN RESUBDIVISION NO. 684 - Resub 684 Approve the as -built public improvement (84) plans and accept the public improvements constructed in conjunction with Resubdivision No. 684, a portion of Lot 715, First Addition to the Newport Mesa Tract, located at 1511 and 1515 Superior Avenue, on the northeasterly side of Superior Avenue between 15th Street and 16th Street in the West Newport Triangle; authorize the City Clerk to release the Faithful Performance Bond (No. 28031949) and release Labor and Material Bond (No. 28031949) in six months'provided no claims have been filed. (Report from Public Works) Volume 39 - Page 46 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rALROLL February 11, 1985 MINUTES I1r113:4 17. BIG CANYON RESERVOIR RESIDENCE ADDITION BgCnynRsry (C -2457) -• Accept the work; authorize Rance Adtn • the City Clerk to file a Notice of C -2457 Completion and release the bonds 35 days (38) after Notice of Completion has been recorded. (Report from Public Works) 18. TRACT NO. 11377 (11785) - Approve an Tract 11377 agreement for non - standard improvements (11785) within a public sewer easement in Tract No. 11377 (11785) with J. M. Peters Company, a portion of Tentative Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard in the Aeronutronics Planned Community; authorize the Mayor and City Clerk to execute said agreement and direct the City Clerk to have the agreement recorded with the Orange County Recorder. (Report from Public Works). 19. Removed from the Consent Calendar. 20. COAST HIGHWAY WIDENING BAYSIDE DRIVE TO PCH'wy Wdng MACARTHUR BOULEVARD - Authorize staff to Bayside- negotiate a consulting services MacArthr Bl agreement for the design of the widening (74) of Coast Highway between Bayside Drive and MacArthur Boulevard. (Report from Public Works) • 21. ACCEPTANCE OF IRVINE TERRACE PARK Irvine Trc IMPROVEMENTS (C -2440) - Accept the work; Prk Imprvm authorize the City Clerk to file a C -2440 Notice of Completion and release the (38) bonds 35 days after Notice of Completion has been recorded. (Report from Public Works) 22. BUDGET AMENDMENTS - for approval: (25) BA -064, $8,965 - Transfer from Budget Appropriations to provide for roof replacement for West Newport Library Facility; Library Fund. BA -065, $15,000 - Increase in Budget Appropriations to provide for consultant services to administer Community Development Block Grant Program (reimbursement to be from CDBG funds); Planning Fund. BA -066, $20,785 - Transfer from Budget Appropriations to provide for transfer of funds for replacement of a vehicle mounted aerial boom that is not repairable; Building Excise Tax Fund. Volume 39 - Page 47 COUNCIL MEMBERS s� 9- o ROLL ti ti �9 � y v c� F February 11, 1985 MINUTES 1"Trfl it l BA -067, $155 - Increase in Budget Appropriations and Revenue Estimates to provide for purchase of books with donations from Mr. and Mrs. Gary R. Jasper, Mr. and Mrs. M. E. Thompson, Lynne R. Suess, and Mr. and Mrs. Byron P. Mitchell; Library Fund. BA -068, $1.55,000 - Increase in Budget Rvrsd Av Appropriations to provide for Rlf StrmDrn construction of Riverside Avenue Relief C -2463 Storm Drain (C- 2463); General Fund. (38) (Report from Public Works) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter with supporting material from Planning/ Golden State Mobile Home Owners League Lido Mobile regarding Lido Mobile Home Park and Home Prk requesting a Zone Overlay, was (68) presented. Don Hunter, representing the Golden State Mobile Home Owners Association, and resident of Lido Mobile Home Park, addressed the Council regarding a Zone Overlay on the subject property. He stated that they want the park to remain as a mobile home park; 'the City needs low -cost housing, and mobile home parks could provide this need. He also stated that if Lido Mobile Home Park had a mobile home zone overlay, then the residents would feel more secure and they would be protected by being reimbursed for their homes or relocated, should that time arrive. In conclusion, he recommended an impartial arbitration board composed of equal members, tenants, mobile home owners, persons not living in mobile homes, which would meet to discuss their situation. Motion x Motion was made to refer the subject letter to staff and Council Member Strauss for response, with approval of said letter by City Council on February 25, 1985. Earl Lamb, also representing Golden State Mobile Home Owners League, addressed the Council and read a letter from a Mr. Farnell, Attorney, to the park owners, stating that his clients were 19coercedBO into signing a 5 -year lease by Carci- Turner Company. Volume 39 - Page 48 COUNCIL MEMBERS \CALo v `G3 yG9 ROLL Gss �F- �� yF'P February 11, 1985 MINUTES I<iTl Mr. Lamb stated that Mr. Farnell cites Planning/ in his letter, that he has "never heard Lido Mobile • of a lease prohibiting homeowners from Home Prk ever appearing before a City Council when assistance is needed," which is a stipulation in the 5 -year lease homeowners of the park have been requested to sign. Mr. Farnell also feels the 5 -year lease is not legally binding for the reasons as set forth in his letter. Mr. Lamb requested their letter from the Golden State Mobile Home Owners Association be referred to the Planning Commission for consideration of a Mobile Home Park Overlay Zone. James J. Cummo, resident /Manager of the Lido Mobile Home Park, representing the Curci- Turner Company, addressed the Council, and stated that the Golden State Mobile Home Owners League had not made a prior request for a zone overlay to the knowledge of Curci- Turner Company. lie stated that none of the residents have been "coerced" into signing the 5 -year lease. He advised that only six people have not signed the 5 -year lease, and are, therefore, on a 1 -year lease. Also, six other residents • have chosen to remain on a month -to- month basis, rather than sign the 5 -year lease. He stated that the lease is a contractual agreement between the tenant and the landlord and he did not feel the City should judicate the terms of the lease. Tom Towle, 3 Bolivar, resident of Lido Mobile Home Park, addressed the Council and stated that he felt the situation regarding the 5 -year lease is a win /lose proposition, and that many of the residents signed out of fear. He stated that there never were any "real "negotiations and that it has all been a "one- sided" deal. He stated that he, himself, did not sign a lease. In response to Council inquiry regarding how much protection would be given to the property owners if an overlay zone were placed on the property, the City Attorney stated that there are a number of provisions in State law that require a phase -out plan similar to that which is required under the City's ordinance, and he felt that if the subject property ® is proposed for redevelopment someday in the future, assuming there is no change Volume 39 - Page 49 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL February 11, 1985 MINUTES INDEX in State law, there would be some phase -out plan required to be adopted by the City Council. He also was not sure that the City's present overlay zone provided any greater measure of protection than that of State law. All Ayes The motion on the floor to refer the letter to staff and Council Member Strauss for response, and approval by City Council on February 25, 1985, was voted on and carried. 2. Letter from John Wayne Airport Manager 0/C -John concerning Ontario Airport Public Wayne Arprt Awareness Program, was presented. (54) Motion x Motion was made to refer the letter to All Ayes the Aviation Committee for review, and to place said letter on a future study session agenda for discussion. 3. Report from Public Works recommending Permit/ denial, and signed petition from Miller Apli residents in the 3200 block of Ocean (65) Boulevard in opposition to APPLICATION OF HARVEY E. MILLER to replace an existing lamp post with a 8 foot high lamp post on the public right -of -way adjacent to 3215'Ocean Boulevard, Corona del Mar, was presented. Lloyd Dumas, 3216 Ocean Boulevard, addressed the Council and stated that his home was directly across the street from the applicant, Harvey Miller, and that the light from the lamp post shines. into their living room and reflects a terrible glare. He stated that if the lamp post were approved, the neighbors. in the area feel it would set a precedent in Corona del Mar. He displayed a photograph of the new lamp post and urged the Council to deny the request. Harvey Miller, applicant, 3215 Ocean Boulevard, addressed the Council and stated that he had spent the last year renovating his home and replaced the lamp post which provides light for the stairs to his house. He placed the new post in the same location as the old one, and has had to add four low lights along the steps to make it light enough to enter the house after dark. He stated that if he parks his vehicle in his garage, which is on Breakers Drive, he has to walk up 85 steps to his home. He stated that he did not feel his request was unreasonable. Volume 39 - Page 50 CITY OF NEWPORT BEACH COUNCIL MEMBERS \AL\\J'\��p OiOLL February 11, 1985 MINUTES IMIT37 Virginia Dumas, 3216 Ocean Boulevard, Permit/ and Sharon McNally, 3228 Ocean Miller Apli Boulevard, addressed the Council in opposition to the new lamp post. Brooks Bernard, 3016 Breakers Drive, addressed the Council and stated that he was in favor of Mr. Miller's request as a matter of public safety, and urged . approval. Motion x Following discussion, motion was made to Ayes x x x x x allow the encroachment, with the Noes x x condition that the lamp post not exceed three feet in height above the top of the curb; that the light source shall be concealed so as to not be visible from the top or sides; and that the City Council reserves the right to review this application at any time in the future. 4. A claim from Maurice Mandel II for Mandell II/ damages, impound fee and loss of income, Claim alleging various peace officers (36) published false statements prior to December 2, 1984, was presented. Motion x Motion was made to remove this item from All Ayes the agenda because of insufficient data and to determine if timely filed, as recommended by the City Attorney. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE CITIZENS ADVISORY CAC COMMITTEES for a one -year term expiring December 31, 1985 (appointed by Council upon recommendation of each Council Member). Environmental Quality Citizens EQ /CAC Advisory Committee Motion x (District 2) Mayor Pro Tem All Ayes Plummer's remaining appointment to remain vacant. Motion x (District 7) Council Member Cox's All Ayes remaining appointment to remain vacant. Motion x 2. Mayor's appointment of Dorothy Cncl Ad All Ayes Hardcastle to vacancy as Alternate to Hoc Aviatiot Airport Action Association Committee Representative on the Aviation • Committee, was confirmed. Volume 39 - Page 51 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL GSr y�9 February 11, 1985 MINUTES TO 3. Report from Public Works regarding SAN SJoaquin HIE JOAQUIN HILLS TRANSPORTATION Trsp.Crdr • CORRIDOR -- DEVELOPER FEE PROGRAM Fee Prgrm MEMORANDUM OF UNDERSTANDING (MOU), was (74) presented. The City Clark reported that after the agenda was printed, a letter had been received from Jerome Helperin recommending approval of the proposed corridor. The Public Works Director summarized his report, wherein it was noted that the County has proposed that new development pay approximately 54% of the cost of the San Joaquin Hills Transportation Corridor by means of a fee charged to new development. As a means of implementing that proposal, a joint . powers agreement between the County, the Cities of Newport Beach, Irvine, Laguna Beach, San Clemente, and San Juan Capistrano is contemplated. The Public Works Director stated that the MOU under consideration at this time is the first step in the process. The MOU, in essence, is an agreement to agree. By participating in the joint • powers agreement in the future when it is formed, the City's ability to influence future decisions regarding the Corridor would be significantly enhanced. He stated that the MOU is general in nature, and summarized the principle features. It was also pointed out that an Environmental Document is currently under preparation and is expected to be circulated for review and comments in .November of this year. A detailed review and preparation of City responses will be part of the EIR process. It was indicated that the San Joaquin Hills Transportation Corridor is needed to provide a bypass for the thru traffic around Corona del Mar and to relieve congestion on Pacific Coast Highway. Actual construction of the Corridor is estimated to be at least three years off. Bob Duke, 27 Bodega Drive, representing Spyglass Hills Community Association, addressed the Council and submitted a Statement of Position on the San Joaquin • Volume 39 — Page 52 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL sr F9 �� February 11, 1985 MINUTES INDEX Hills Transportation Corridor in SJoaquin Hls • addition to a Statement of Specific Trsp Crdr Concerns regarding the Corridor which he Fee Prgrm summarized. Mr. Duke stated that they strongly oppose the San Joaquin Hills Transportation Corridor as currently proposed, particularly as related to the San Joaquin Hills Road extension, the Ford Road Interchange and the magnitude of the entire Corridor itself. He . stated that they are extremely concerned that a large volume of thru traffic from the Corridor would come to Newport Center via San Joaquin Hills Road. The elimination from the Master Plan of the San Joaquin Hills Road extension would alleviate this concern and many others as outlined above. In addition, a plan should be developed to provide an access from MacArthur Boulevard to the Corridor at or near Bonita Canyon Road rather than the Ford Road Interchange. Mr. Duke made reference to Resolution No. 9627 adopted by the City Council on August 28, 1979 expressing to the County Board of Supervisors the City's comments on the Phase I Route Location Study and EIR for the Corridor. He cited three paragraphs of the resolution which their association strongly supports, and read portions as follows: t1Whereas, the City Council of the City of Newport Beach has previously expressed support for the San Joaquin Hills Transpor- tation Corridor as a way of directing traffic around Newport Beach, C) Assess traffic impacts of potential connections to Ford Road, San Joaquin Hills Road, and San Miguel Drive (if a connection is considered to San Miguel) 6. The western end of the Corridor should be designed so that neither Ford Road nor San Miguel Drive are connected to it.11 Volume 39 - Page 53 r COUNCIL MEMBERS \CAL ROLL GAP � February 11, 1985 MINUTES IT: AT *N Mr. Duke also referred to a letter their SJoaquin Hls association had received from Supervisor Trsp Crdr • Thomas Riley dated January 16, 1985, Fee Prgrm regarding the MOU currently under consideration by the Board of Supervisors. In conclusion, Mr. Duke stated that they endorse the subject MOU, assuming that the City Council will have authority over the traffic that feeds into the City of Newport Beach's streets. Sherry Welsh, One Sundance, addressed the Council and spoke in support of the Corridor and Development Fee Program. She indicated the Corridor was badly needed and urged the Council to not delay in their deliberations. She reminded the Council that the same attractions that drew them to the City of Newport Beach are still attracting others, and that it is very difficult to stop growth in such a City as Newport Beach. Ron Kennedy, 550 Hazel Drive, addressed the Council and suggested that the Pelican Hills Road issue and the San Joaquin Hills Transportation Corridor be • considered as separate issues. He also commented that the Corridor will be helping major land developers, as well as bringing; traffic to John Wayne Airport and that the Corridor could be used as a "poker chip" in fighting the airport expansion. Dee Dee Masters, resident of Corona del Mar, addressed the Council in support of the Corridor. She stated that the residents of Corona del Mar need traffic relief and the Corridor is the only solution. She urged approval of the MOD. Mrs. Masters also submitted a letter written by Lee Spencer, Member of the Traffic Affairs Committee, in favor of the Corridor. Luvena Hayt.on, 235 Poppy Avenue, also addressed the Council in support of the Corridor. Dick Nichols, 519 Iris Avenue, addressed the Council and stated that the San Joaquin Hills Corridor will be a freeway from "nowhere to nowhere" with traffic . Volume 39 - Page 54 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 ROLL CAL Gtr February 11, 1985 MINUTES INDEX in between. He felt the Corridor will SJoaquin Hla "trigger" tremendous growth, and cited Trsp Crdr • numerous major developments that will Fee Prgrm benefit from the Corridor. He urged that the entire issue be restudied and that the MOU not be approved at this time. Douglas Wood, Consultant for Spyglass Hills Homeowners Association, and resident of Harbor View Hills South, 3800 Inlet Isle, addressed the Council and reviewed the activities and concerns of the Spyglass Hills Homeowners Association. He stated that their Association seeks to be involved in the planning process, particularly with respect to the roadways leading to the Corridor and interchanges connecting to the Corridor. He stated that they support the MOU's basic intent with reservations, which he cited. Jim Dale, 5208 S. Bayfront, Balboa Island, addressed the Council and read a prepared statement in favor of the Corridor and the MOU. Council Member Hart cited suggested draft language which she felt could be incorporated into a resolution for consideration at the next meeting, and Council Member Agee expressed his concerns as to what he felt should be included in the proposed resolution. Council Member Cox indicated he did not agree with some of the comments of various Council Members, nor did he feel there has been a response to the residents. He stated he felt that all the discussion has been centered around how to design a freeway that has nothing to do with the City. He stated that what the Council should be concerned about in our City is "our City;" and not San Joaquin Hills Corridor. If we are looking for guarantees, then why don't we have the County guarantee that they will not run trucks on Coast.Highway, or provide additional lanes on Coast Highway, if that is so important. He felt the Council should examine "our problem," which is the traffic in "our City." He also felt that all of the concern has been dealt with "how we can restrict movement of traffic outside the City, and not the movement in the City." He suggested the Council examine the • Volume 39 m Page 55 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL GAS February 11, 1985 MINUTES � r�J total picture before jumping to conclusions and without knowing what the • real impacts are going to be. Motion x Motion was made to continue the matter All Ayes to February 25, 1985, and direct staff to draft an updated policy resolution to be considered by the Council at that time. 4. Report from Tidelands Affairs Committee Basin Marine regarding LEASE AGREEMENT WITH BASIN Lease Agm MARINE, INC., was presented. C -2490 (38) Mayor Pro Tem Plummer, Chairperson of the Tidelands Affairs Committee, stated that the Committee had met with the staff, as well as appraisers, and discussed all the concerns raised at the last City Council meeting. She felt the problems had been solved, and that the lease with Basin Marine, Inc. was now ready for City Council approval. However, she did feel Council Member Hart had a concern with respect to customer and employee parking. David Harshbarger, Marine Director, addressed the Council and stated that subsequent to writing the staff report, the staff did meet with the lessee, and the leases had agreed to move the west boundary fence of his lease three feet further into his property, which would open up and landscape the walkway from five feet to eight feet. He stated this was a major significant change that the leases has agreed to do. In response to Council Member Hart, Mr. Harshbarger stated that parking is available primarily for employee use, but is available for customers, particularly during the weekends when the hardware store is open and the shipyard construction activities are minimal. There is also parking available in the front part of the store for walk -on traffic. It is his understanding that the parking requirements have been met as required by code. The Public 'Works Director, in an effort to clarify the parking issue, stated that the way the entire project in total is designed, the parking that is provided on site is parking that is intended to satisfy the requirement for • the Marina, restaurant, hardware store, Volume 39 - Page 56 COUNCIL MEMBERS 0 tp ROLL < February 11, 1985 MINUTES INDEX CgL�F�R�o�` and boat yard. Of that total parking, Basin Marine only a portion fenced off is intended to Lease Agm • be used for employees of the boat yard. The only purpose of fencing off the employee parking is that there are also operations of the lease going on in that area. The remaining parking does satisfy code requirements for marina, and other associated uses on the site. David New, President, Basin Marine, Inc., addressed the Council and stated that the only time there might be a problem with parking is over a major holiday weekend. He stated that there are actually a few more parking spaces provided now than there was previously, with the same number of boat slips. He stated that they have also taken some of their work space to provide employee parking. The fence referred to by staff is between the hardware store and their work shops, and he felt it would be impractical to eliminate an area which they cannot: control for safety and other reasons. Ile stated that the entire parking plan was reviewed by the Planning Department and he felt that Basin marine, Inc., has done everything possible to comply with City requirements. Oon Following discussion, motion was made to x All Ayes approve the lease with Basin Marine, Inc., (C- 2490), subject to approval of an on -site parking plan for customers and employees approved by the Tidelands Affairs Committee, and that said lease not be executed by the Mayor and City Clerk until. so directed by the Tidelands Affairs Committee. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 12:25 a.m., to 4:00 p.m. on February 22, 1985. CLUM yor ATTEST: • a City Clerk ®� Volume 39 - Page 57 ®& CgL�F�R�o�`