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.
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COUNCIL MEMBERS
\CALROLL G�J F9 y�9 February 11, 1985
MINUTES
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She also indicated that there had been
GPA 81 -2(f)
discussions to consider purchasing the
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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.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL '5'
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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,
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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)
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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
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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.
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Volume 39 - Page 41
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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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.
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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.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
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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
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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)
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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GSr �F� F`9 y�9 February 11, 198')
MINUTES
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13. IMPROVEMENTS IN TRACT NO. 11450 -
Tract 11450
Approve the as -built improvement plans
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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 ®&
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