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