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HomeMy WebLinkAbout02/25/1985 - Regular Meeting'ill R'111 a • III COUNCIL MEMBERS 9 \CALROLL REGULAR COUNCIL MEETING PLACE: .Council Chambers TIME: 7:30 P.M. DATE: February 25, 1985 MINUTES INDEX Present x x x x x x x A. ROLL CALL. *n x B. The reading of the Minutes of the AAyea Meeting of February 11, 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: None. E. PUBLIC COMMENTS: 1. Larry Lorenzi, 901 Adler, President, Special Newport Harbor Jaycees, addressed the Events Perm/ Council regarding a Special Events St. Patrick's Permit which was denied by staff for a Day /Lido St, Patrick's Day celebration scheduled Village for Saturday, March 16 in the Lido Marina Village. He stated it would be a fund - raising event for the South Coast Symphony. It war, noted by staff that the permit had been denied due to the desire of the Jaycees to serve alcoholic beverages on • the premises. Following comments, the Mayor advised . that this item would be taken up again later in the meeting under additional business. Motion x F. CONSENT CALENDAR: All Ayes The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading and adoption on March 11,' 1985: (a) Proposed ORDINANCE N0, 85 -3, being, Ord 85 -3 Business AN ORDINANCE OF THE CITY OF -Lic /Alarm NEWPORT BEACH AMENDING CHAPTER Sys `i.49 OF THE NEWPORT BEACH (27) MUNICIPAL CODE PERTAINING TO THE REGULATION OF ALARM SYSTEMS AND PERMITS TO INCLUDE ALARM SYSTEMS INSTALLED AND OPERATED ON VESSELS (Report from Police Department). Volume 39 - Page 59 COUNCIL MEMBERS F tp February 25, 1985 ROLL \tp\<� MINUTES IN1r%V V 2. RESOLUTIONS FOR ADOPTION: • (a) Resolution No. 85 -10 requiring rfc /Stop 49th vehicles travelling on Street Sign 49th to stop at River Avenue. (Report Street /RvrAv from Traffic Engineer - Public Works Res 85 -10 Department) (85) 3. CONTRACTS /AGREEMENTS: (a) Award contract No. 2464 to FAV Bayside Dr/ Engineering for bid price of Shrcrst In $134,985.50 regarding Bayside Drive Street Impvm and Shorecrest Lane Street C -2464 Improvements; and authorize Mayor (38) and City Clerk to execute said contract. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Aviation Committee for inclusion 0/C -John Wyn in the records, letters from Donald Arprt W. Proul and Alan L. Blum regarding (54) Orange County -John Wayne Airport expansion. (c) Removed from the Consent Calendar. • (d) To Planning Department for Planning inclusion in the records, letter (68) from Kenneth A. Ryder, Attorney, notifying the City and the City Clerk of the assignment of.the development agreement by Park Lido, Ltd. to Newport Lido Medical Center. (e) Removed from the Consent Calendar: (f) To Personnel Department for Personnel response, letter from Newport Beach (66) Firefighters Association, Inc., regarding Council J -1 Policy. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Removed from the Consent Calendar. (b) Orange County Local Agency Formation Commission Minutes of January 9, 1985. Volume 39 - 60 COUNCIL MEMBERS Om � � � v c � F February 25, 1985 ROLL \Lp\<� MINUTES INnFY 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's . referral to the claims adjuster: (a) Dean Harold Houghton alleging Houghton personal injuries, false arrest, etc., by City Police Officer on November 4, 1984 at 30th Street and Newport Boulevard. (b) Mary Soto for alleged personal Soto injuries as a result of fall on sidewalk while attempting to walk across alley to Crab Cooker Restaurant on December 16, 1984. (c) Southern California Gas Company SoCAGasCo alleging property damage by City backhoe to their 3/4" steel gas service at 482 Shorecrest Drive on January 28, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) • (a) Approve one Laborer, General Services Department. (b) Approve one Storekeeper I, Finance Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Utilities Director Personnel/ regarding APPROVAL FOR POSITION Reclasfctn RECLASSIFICATION FROM UTILITIES (66) CONSTRUCTION SPECIALIST TO UTILITIES EQUIPMENT SPECIALIST. For Council information and deferral pending review of 1985 -86 Budget: (b) Memorandum from Arts Commission Arts Cmsn Chairman requesting approval for (24) Grant of $27,000 from the City of Newport Beach to the Newport Harbor Art Museum. (c) Removed from the Consent Calendar. • Volume 39 - Page 61 COUNCIL MEMBERS \CALROLL .0 CJ CITY OF NEWPORT BEACH n F February 25, 1985 MINUTES INDEX rMap Tr12360 r ( r CA 613 CA iTMap Tr12309 10. PUBLIC HEARING SCHEDULING - For March 11, 1985: (a) TENTATIVE MAP OF TRACT NO. 12360, a request of BRION S. JEANNETTE, Newport Beach, to subdivide an existing parcel of land into three numbered lots, each for two -unit residential condominium development, and one lettered lot for public access and public utility purposes, on property located at 726 -732'1 Tustin Avenue, on the southeasterly side of Tustin Avenue, between Holly Lane and 16th Street, in Newport Heights; zoned Unclassified (Report from Planning Department). (b) PLANNING COMMISSION AMENDMENT NO. 613, a request of THE IRVINE COMPANY, Newport Beach, to amend the Planned Community Development Plan for the NORTH FORD PLANNED COMMUNITY so as to establish development standards for Area 5; and the acceptance of an Environmental Document. Property located on portions of Blocks 51 and 57 of Irvine °s Subdivision, generally bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and University Drive (Extended), commonly known as Area 5 of the North Ford Planned Community; zoned P -C (Report from Planning Department). (c) TENTATIVE MAP OF TRACT NO. 12309, a request of THE IRVINE COMPANY, Newport Beach, to subdivide 125.88 acres of land located in the NORTH FORD PLANNED COMMUNITY so as to create one lot for office development, one lot for single - family detached residential development, four lots for residential condominium development, two lots for residential apartment development, one lot for retail commercial development, and one lot for public park purposes. Property bounded by MacArthur Boulevard, Bison Avenue, Camelback street, Jamboree Road and San Diego Creek; zoned P -C (Report from Planning Department). Volume 39 - Page 62 INDEX rMap Tr12360 r ( r CA 613 CA iTMap Tr12309 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL February 25, 1985 MINUTES INDEX (d) TENTATIVE NAP OF TRACT NO. 12306, a rMap Tr12306 request of IRVINE PACIFIC, Newport . Beach, to subdivide 11.16 acres of land located in AREA 5 of the NORTH FORD PLANNED COMMUNITY, being a further subdivision of Lot No. 8 of the Tentative Map of Tract No. 12309, so as to create six numbered lots for residential condominium purposes, two lettered lots for private street purposes, one lettered lot for private recreation purposes and two lettered lots for private open space purposes. Property located at 4836 Jamboree Road, on the northeasterly corner of Jamboree Road and Camelback Street, in.Area 5 of the North Ford Planned Community; zoned P -C (Report from Planning Department). (e) Tentative MAP OF TRACT NO. 12271, a rMap Tr12271 request of the BREN COMPANY, Newport Beach, to subdivide 26.84 acres of land located in AREA 5 of the NORTH FORD PLANNED COMMUNITY, being a further subdivision of Lot No. 9 of the Tentative Map of Tract No. 12309, so as to create 172 numbered lots for detached single- family residential • development, one lettered lot for private recreational purposes, and three lettered lots for private open space purposes. The proposal also includes an exception to the Subdivision Code so as to allow the creation of interior lots which are less than 50 ft. wide and less than 5,000 sq.ft. in area, and corner lots which are less than 60 ft. wide and less than 6,000 sq.ft. in area. Property located at 4836 Jamboree Road, on the easterly side of Jamboree Road, between Camelback Street and the proposed University Drive (Extended) in Area 5 of the North Ford Planned Community; Zoned P -C (Report from Planning Department). 11. PROPOSED GENERAL PLAN AMENDMENT 85 -1 - GPA 85 -1 Concur in the February 7, 1985 (45) recommendation.of the Planning Commission for initiation of amendments to the LAND USE, RECREATION AND OPEN SPACE, CIRCULATION AND NOISE ELEMENTS of the NEWPORT BEACH GENERAL PLAN for the • site located at 3901 East Coast Highway Volume 39 - Page 63 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 ROLL S� y 9 qi 9 G p � F y�9 February 25, 1985 MINUTES iwnFY (Laredo's Restaurant property, formerly A. T. Leo's), and for the Newport • Center, Bayview Landing, Newporter North, and Big Canyon sites. (Report from Planning Department) 12. TRACT NO. 11377 (11785) BOND REDUCTION - Tract 11377 A portion of Tentative Tract No. 10391, (11785) generally bounded by Bison Avenue, Jamboree Road, Ford Road, and MacArthur Boulevard, in Aeronutronic Ford Planned Community; authorize the City Clerk to accept a new Faithful Performance Bond to reduce the existing $441,000 Faithful Performance Bond, to the sum of $26,00.0; accept a new Labor and Materials Bond to reduce the existing $441,000 Labor and Materials Bond to the sum of $26,000; and authorize the Mayor and City Clerk to execute a modified agreement for Tract No. 11377 (11785). (Report from Public Works) 13. JAMBOREE ROAD FROM FORD ROAD /EASTBLUFF JambRd /FdRd/ DRIVE SOUTH TO EASTBLUFF DRIVE NORTH Estblf Dr STREET IMPROVEMENTS (C -2357) - Accept Street Impvm the work; and authorize the City Clerk C -2357 to file a Notice of Completion and (38) release the bonds 35 days after Notice of Completion has been recorded. ® (Report from Public Works) 14. MISCELLANEOUS ALLEY IMPROVEMENTS, MiscAlleyImp 1984 -85 (C -2452) - Accept the work; and '84 -85 authorize the City Clerk to file a C -2452 Notice of Completion and release the (38) bonds 35 days after Notice of Completion has been recorded. (Report from Public Works) 15. RESUBDIVISION NO. 786 - Parcel Nos. 1 Resub 786 and 2 of Parcel Map 120 -44 -45 (84) (Resubdivision No. 579), located at 4655 Birch Street on the northeasterly corner of Birch Street and MacArthur Boulevard, in the Koll Center Newport Planning Community; approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 786, and authorize the Mayor and City Clerk to execute said agreement; approve a traffic signal agreement guaranteeing completion of traffic signal improvements on Birch Street at the main driveway as required of Resubdivision 786, and authorize the Mayor and City Clerk to execute said agreement; and accept the offer of Volume 39 - Page 64 I 111 • i• COUNCIL MEMBERS \CALROLL y�9 February 25, 1985 MINUTES INDEX dedication of access rights to MacArthur Boulevard, Campus Drive and Birch Street as shown on the subject map. (Report from Public Works) 16. WATER MAIN REPLACEMENT PROGRAM (C -2447) WtrMnRplcm - Approve the plans and specifications; C -2447 and authorize the City Clerk to (38) advertise for bids to be opened at 11:00 a.m, on March 7, 1985. (Report from Public Works) 17. SEWER MAIN REPLACEMENT PROGRAM (C -2467) SwrMnRplcm - Approve the plans and special C -2467 provisions; and authorize the City Clerk (38) to advertise for bids to be opened at 11 ;00 a.m, on March 8, 1985. (Report from Public Works) 18. APPROVAL OF APPOINTMENT TO ORANGE COUNTY 0/C Santn SANITATION DISTRICT - Confirm Mayor's Dist 5 &7 appointment of John Cox as Alternate to Sanitation District Nos. 5 and 7. . 19. BUDGET AMENDMENTS - For approval: (25) (a) Mid -Year Budget Adjustments: BA -069, $1,050,760 - Increase in Budget Appropriations and Revenue Estimates; General Fund. • BA -070, $111,475 - Increase in Budget Appropriations and Revenue Estimates; Park and Recreation Fund. BA -071, $35,205 - Increase in Budget Appropriations and Revenue Estimates; Tide and Submerged Lands Fund. BA -072, $238,860 - Increase in Budget Appropriations and Revenue Estimates; Building Excise Tax Fund. BA -073, $185,185 - Decrease in Budget Appropriations and Increase in Revenue Estimates; Water Fund. (b) BA- 074,'$1,360 - Transfer in Budget GenrlSrv/ Appropriations to provide for special Balboa Is refuse collection on Balboa Island, June Spcl RfsClc 15, 1985; General Services - Refuse Fund. (44) (Letter from Balboa Island Improvement Association) Volume 39 - Page 65 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL February 25, 1985 MINUTES INDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. A recommendation from Parks, Beaches, and PR &R /UprNpt Recreation Director concerning letter Bay Prk from Orange County Supervisor Thomas F. (62/54) Riley regarding the County's Master Plan of Regional Parks and proposed park at Upper Newport Bay, was presented. . Motion x Notion was made to accept the proposal in concept and the County be the lead agency in developing the Master Plan of the Upper Newport Bay; and further that the Mayor be directed to forward a letter to the County of said Council action. Discussion ensued, wherein the Planning Director indicated his staff was not aware of the proposal, and therefore, suggested that this item be referred to the Planning Department for review and report back. Ted Holme, representing the National History Foundation, addressed the Council and stated that they support the Parks, Beaches and Recreation Commission's recommendation to conceptually endorse the plan. However, • the Foundation does not feel at this time that the County has to be designated as the lead agency for the project; although they would support the County's interest and would welcome their participation. Motion x In view of the foregoing comments, All Ayes substitute motion was made to refer this item to the Planning Department for report back on March 11, 1985, as to the advantages and disadvantages of the County being the lead agency for this project. 2. Senator Milton Parks' communication OCS /Oil regarding support for Senate Joint (87) Resolution No. 6 relative to Outer Continental Shelf oil and gas revenues, was presented. Motion x Motion was made to defer the recommended All Ayes action on the agenda at this time, and to refer this item to staff for, forwarding to Senator Marian Bergeson to determine implications of said resolution and impact on the City. • Volume 39 — Page 66 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL GAP y�9 February 25, 1985 MINUTES II:U] *3 3. Copy of letter to Orange County Legislation Sanitation District Chairman by Orange (48j • County Supervisor Roger Stanton regarding Stringfellow Groundwater, was presented. Motion was made.to refer this item to the next Study Session on March 11, 1985. 4. Resolution 5491 adopted by the City of Offshr Oil Huntington Beach and urging support (87) regarding the mitigation of emissions from offshore oil development, and assuring the preparation of the sys- tem-wide EIR for implementation at all government levels, was presented. Motion was made to direct the City Attorney to prepare a resolution in support of the above for consideration on March 11, 1985. 5. Memorandum from Arts Commission Chairman Arts Cmsn requesting approval of $1,000 from the (24) City of Newport Beach for the Ruth Stoever Fleming Art Collection and creation of a hard and soft cover book depicting the entire collection, was presented. • Patti -Gene Sampson, Chairperson, City Arts Commission, addressed the Council and stated that they could not wait until budget review for this funding as the book depicting the art collection has already gone to press. John McGuiness, Librarian, Newport Harbor High School, addressed the Council and spoke in support of the request. He reviewed the history of the collection, and stated that they need $33,000, of which $30,000 has already been raised. They feel it would be most appropriate if the Cities of Newport Beach and Costa Mesa were contributors. He stated that the Newport Mesa School District has contributed over $2,000. The book, when published, will be forwarded to all schools of art and museums throughout the nation, and to all school districts and municipalities in the State. He stated that the City of Newport Beach is mentioned throughout the book which will give the City a great deal of positive publicity. He urged approval of the $1,000. Volume 39 - Page 67 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL9 `G3 9G,p 9'A� �9� CAF February 25, 1985 MINUTES INDFX Motion x Following discussion, motion was made to A&yes grant the request for $1,000; said funds to come from the Unappropriated Reserve - General Fund. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 85 -2, being, Ord 85 -2 Vehicles/ AN ORDINANCE OF THE CITY OF NEWPORT Trfc /Refuse BEACH ESTABLISHING CHAPTER 12.63 OF Bins THE NEWPORT BEACH MUNICIPAL CODE (85) RELATING TO PROCEDURES FOR ISSUING COMMERCIAL REFUSE BIN PERMITS; AMENDING CHAPTER 12.62 PERTAINING TO STREET CLOSURE PROVISIONS, was presented for second reading and adoption, with report from City Attorney dated February 5, 1985. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -2. I. CONTINUED BUSINESS: 1. Report from Public Works regarding SAN SJoaquin Hls JOAQUIN HILLS TRANSPORTATION TrspCrdr /MOU CORRIDOR- DEVELOPER FEE PROGRAM MOU, was (74) presented. • The City Clark reported that after the agenda was printed, a letter was received from Douglas Wood and Associates, representing Harbor View Knoll Community Association, and Spyglass Hill Community Association, regarding their concerns with respect to the proposed resolution and the City's position on the San Joaquin Hills Transportation Corridor. The Public Works Director summarized his report and the proposed resolution. Douglas Wood, 3800 Inlet Isle, Consultant, addressed the Council and stated that he directly represented the Spyglass Hill Community Association, but has worked with representatives from the Harbor View Knoll and Spyglass Ridge Community Associations regarding the proposed San Joaquin Hills Transportation Corridor. He referred to their letter of February 25, 1985, and proposed changes to the City's resolution regarding its position on the Corridor. • Volume 39 - Page 68 CITY OF NEWPORT BEACH COUNCIL MEMBERS C' �f ROLL CAL Gtr February 25, 1985 MINUTES INnF Y Mr. Wood stated that their proposed Arts Cmsn modifications respond to the local concerns, while also respecting regional transportation goals. They support the Corridor, particularly as a six -lane highway articulated by the City Council at their last meeting. In addition, they support the MOU as a means of leading to a joint powers agreement, and also support leaving adequate right -of -way, or purchasing additional right -of -way for future expansion.of the Corridor. Stanford Green, 351 Hospital Road, Chairman of the City's Transportation Advisory Committee, and Member of the Board of Directors, Newport Harbor Chamber of Commerce, addressed the Council and stated that the Board endorses the MOU, and are confident that the City Council will come up with the appropriate reservations that will protect the interests of all the residents of Newport Beach. John Rubas, 1721 Port Sterling Place, resident of Harbor View Homes, addressed the Council and stated he represented some 2500 to 3000 homes in the San Joaquin Hills /San Miguel area above • MacArthur Boulevard, who are supportive of the Corridor and MOU, with the modifications.as suggested in Mr. Wood's letter. During discussion, Council Member Hart suggested the following revisions to the proposed resolution as set forth in Mr. Wood's letter: - That the second sentence be deleted from Item No. 1, and that the 3rd and 4th sentences, be revised to read: "The alignment of the Corridor should be selected so as to minimize the impact on the proposed National Urban Park. The City reaffirms its previously expressed support for the National Urban Park in the Downcoast Area." - That the language in the parenthesis following Item No. 5 be deleted. • Volume 39 - Page 69 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 s \kpo\�p vc Of c� ROLL CAL y�9 February 25, 1985 MINUTES INDEX - That Item No. 13, as set forth in the report from Public Works, be • included in the proposed resolution. Motion x Following additional comments by Council lies 85 -11 All Ayes and staff, motion was made to adopt Resolution No. 85 -11, as modified in the foregoing, and with the addition of Item No. 14 as suggested by the City Attorney which states as follows: "The Mayor is authorized to execute the MOU, with the understanding that the City of Newport Beach will not participate in the program to fund, design, approve or construct the San Joaquin Hills Transportation Corridor, unless or until, the City's concerns expressed in the resolution are fully protected in the joint powers agreement, or otherwise." J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to direct the City BalboaPnsla All Ayes Attorney to prepare a resolution Zng Ad Hoc extending the term of the BALBOA Cmte • PENINSULA ZONING AD HOC COMMITTEE to October 31, 1985, for consideration on March 11, 1985. 2. NEWPORT HARBOR JAYCEES REQUEST FOR Special SPECIAL EVENTS PERMIT for St. Patrick's Events Perm/ Day celebration, Saturday, March 16, NptHrbrJyces 1985, at Lido Marina Village. (65) The Executive Assistant summarized the request, noting that it would be a one -day activity from 6 p.m, to 1 a.m., with dinner and dancing. Approximately 1,000 people are expected to attend, and alcoholic beverages are requested to be served. The Jaycees will hire four private security guards and will also pay the City for two uniformed officers. There will be a stage set up for entertainment, along with a number of tables for food and beverage service. They will provide to the City, liability Insurance in the amount of $1,000,000. It was pointed out in the staff report that the Police Department does not oppose the event; however, they strongly recommend no selling or service of • Volume 39 - Page 70 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL GAP 9 F9 y�9 February 25, 19,85 MINUTES INDEX alcoholic beverages. In the event the NptHrbrJycpb application is approved, the following Special conditions are recommended: Events Perm (1) Hire extra (2) two Newport Beach Police Department officers for crowd control.. (2) Hire a minimum of (4) four uniform private security officers. (3) Obtain sound amplification permits. (4) Maintain an unobstructed path for emergency vehicles of 20 feet. (5) Notify each Lido Village business of the event. (6) Via Oporto to be closed as diagramed. (7) Barracades must have lights and shall be manned at all times. (8) Music to terminate at 2400 hours., (9) Live music subject to earlier • termination dependent upon citizen noise complaints. (10) Applicant shall obey any and all lawful orders from the Police Department. (11) No service of alcoholic beverages. Larry Lorenzi, President, Newport Harbor Jaycees, addressed the Council and stated they feel that they can control the liquor situation, but that without the sale of liquor, the fund - raising event would not be successful. He stated they are willing to only sell beer and wine if that is the desire of the City. He also stated that they should not be denied their permit at this late date, inasmuch as they submitted their application to the City several months ago and only found out at this time.that it had been denied. Motion x Following consideration, motion was made to approve the request for a Special Events Permit, with the conditions as recommended in the staff report and set • forth in the foregoing Items 1 - 11. Volume 39 - Page 71 CITY OF NEWPORT BEACH COUNCIL MEMBERS cif S� \%P\(XP \ A ROLL CAL y�- All Ayes • 0 F February 25, 1985 MINUTES INDEX NptHrbrJyces Special Events Perm n. Jim Jacobs, Police Lieutenant, addressed the Council, and stated that they do not object to the request; however, because of liability problems they cannot support street closures involving the consumption of alcoholic beverages. He stated past history has shown that those who have temporary alcoholic beverage control licenses in public places are unable to control crowds of this size. The motion on the floor was voted on and carried. Meeting adjourned at 9:40 p.m, to 4:00 p.m., Friday, March 1, 1985. e I Mayor ATTEST: 1 P0� City Clerk U �CiFCD��i Volume 39 — Page 72 INDEX NptHrbrJyces Special Events Perm n.