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