HomeMy WebLinkAbout01/26/1981 - Regular MeetingP sent x x x x x x x
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CITY OF NEWPORT BEACH
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: January 26, 1981
After the Presentation of the Flag, the pledge of alleg
ance was led by Girl Scout Troop 1154 of Corona del Mar.
A. ROLL CALL.
B.
The Minutes of the Adjourned Meeting of January 19,
1981, Volume 35, Page 16, under paragraph "Page 10,'
third line, was corrected to read: "way shall not
be required to be opened to public use....."
The reading of the Minutes of the Adjourned Meeting
of January 19, 1981, was waived, and the Minutes
were approved as corrected, and ordered filed.
C.
The reading in full of all ordinances and resolu-
tions 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
Oxbow Annx/
OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS),
1188
and made a motion to continue said public hearing to
C -2229
February 9, 1981.
1 (38)
4. Mayor Heather opened the public hearing on the Var/
APPEAL OF CHARLES E. AND JOAN B. PRICHARD, CORONA (91)
DEL MAR, FROM THE DECISION OF THE PLANNING COMMIS-
SION IN DENYING VARIANCE NO. 1081, and made a motion
to continue said public hearing to February 9, 1981,
as requested by the appellant.
2. Mayor Heather opened the continued public hearing LCP /Land Use
on the proposed LOCAL COASTAL PROGRAM LAND USE PLAN 1(68)
AND DEVELOPMENT POLICIES initiated by the City of
Newport Beach for the Coastal Zone.
A report from the Planning Department was presented.
The City Clerk advised that two communications had
been received after the printing of the agenda from
the following:
Nancy Kimble, 407 Snug Harbor Road, and
A petition from the De Anza Bayside Village
residents requesting mobile home park designa-
tion only in the LCP.
Councilman Maurer made a motion to amend Page 49
of the LCP, De Anza Trailer Park, to read: "The
De Anza Mobile Home Park area is shown for 'Recrea-
tional and Marine Commercial' on the waterfront
portion of the site and for a mixture of 'Recrea-
tional and Marine Commercial' and 'Multi - Family
Residential' on the mobile home park portion of the
site. It is the intent of the City to preserve the
trailer park use as a means of providing a variety
of housing opportunities within the City."
The following residents from the De Anza Bayside
Village addressed the Council in support of Counci
man Maurer's motion, and urged that their property
be rezoned for mobile home park use only, as soon
possible:
Volume 35 Page 20
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MINUTES
January 26, 1981
Al Christian
Ruth Rahn
Julianna T. Schmict
It was pointed out that the City does not have a
mobile home park zone in its Zoning Code, and at .
present, the only zone where mobile home parks are
a permitted use,is in the multiple family zone.
After adoption of the LCP, implementing ordinances
amending the Zoning Code, such as the establishment
of,a mobile home park zone, will be brought before
the Council.
The motion as made by Councilman Maurer in the fore -
going,was voted upon and carried.
Councilman Strauss referred to Page 16 of the January
19 staff report, and Page 46 of the LCP, relative to
Marinapark Mobile Homes, suggesting the language
set forth in said staff report be reworded,as he felt
it was inappropriate, and that it should reflect that
it is the City's intent that Marinapark shall continue
as a mobile home park.
Mr. Bob Spurgeon, President of Marinapark Mobile
Homes, addressed the Council in support of Councilman
Strauss' suggestion.
Following discussion, Councilman Strauss made a motion
to add the following language to the Marinapark
description on Page 46 of the LCP: 1°It is the intent
of the City to preserve the mobile home park use as a
means of providing a variety of housing opportunities
within the City, and the intent that Marinapark.shall
continue as a mobile home park."
Ms. Susie Picker, 110 Ninth Street, past president
of the Central Newport Beach Community Association,
stated that it was their desire some years ago to
see the Marinapark area instituted as a prime recrea-
tional area. She stated that many of the residents*
in the park are not permanent residents and therefore
are not registered.voters.
Mr. Bob Spurgeon spoke in rebuttal, advising that
it was his impression from talking with the Central
Newport Beach Community Association that the majority
of the residents were not in support of improving the
area for recreational purposes because of the traffic
problems it would create,as well as the added burden
to the taxpayer. He added that 25% of the residents
in Marinapark are permanent residents. There are 58
spaces.
The motion of Councilman Strauss was voted upon,and
carried.
Mayor Pro Tem Hart made a motion to delete the follow-
ing language in the first sentence of Page 47 under the
Marinapark description. "dedicate the fair market .
rental to acquisition of other property, and establish
a signing program informing the public of available
uses."
Volume 35 Page 21
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CITY OF NEWPORT BEACH.
MINUTES
January 26, 1981 INDEX
During discussion,the City Attorney was requested to Cx' /Land "-
report back regarding the provisions of Section 30350, (68)
et. seq. of the Public Resources Code relative to
State funding
Councilman Strauss asked Mayor Pro Tem Hart if she
would amend her motion to revise the first sentence
on Page 47 to read: "The City shall maintain public
access to the site bayward of the Marinapark mobile
homes and improve where practical." In addition,
that not more than 25% of the fair market value shall
be devoted to acquisition of public property,
Mayor Pro Tem Hart replied in the negative.
Following comments,Councilman Strauss made a substitute
motion to change the first sentence on Page 47 to read:
"The City shall maintain public access to the site bay -
ward of the Marinapark mobile homes and improve where
practical,"
Mayor Heather made a motion to change the language of
Item 4, Page 10, Public Property Leaseholds, to read:
"When tidelands leases are renogotiated, they shall be
at full market value and the monies shall be segregated
in a separate fund and shall be used for maintenance
and visitor- generated services and for acquisition of
coastal properties to provide uses consistent with the
Coastal Act, such as small boat launching facilities,
acquisition of environmentally - sensitive habitat areas,
and other uses which may be consistent with the tide-
lands trust provisions.11
Mayor Pro Tem Hart made a motion to amend Item 4,
Page 21, by adding the words "County of orange" after
"City of Irvine."
Page. 17 - No Change
Page 18
As requested by the Mayor, and there being no object-
ions, the words "County of Orange" were also added
to the last line after "City of Irvine."
Page 49 (Mouth of Big Canyon)
Dave Dmohowski of The Irvine Company stated that on
Page 49 the existing language reads: "The Mouth of
of Big Canyon is shown on the LCP Land Use Plan as
'Recreational and Environmental Open Space.` This
area is to be preserved in its natural state to
enhance the Upper Newport Bay Ecological Reserve."
However, there is no mention as to how this can be
implemented in the future in terms of public.purchase
or dedication by the landowner.
With respect to the backbay gravity sewer line,
Mr. Dmohowskistated that there have been discussions
between the Coastal Commission, City staff, The Irvine
Company, and others, and they believe at this point,
the Coastal Commission may be prepared to allow the
construction of the sewer line in the Mouth of
Big Canyon, provided there could be some enhancement
of wildlife habitat in the mouth of the canyon.
Volume 35 Page 22
CITY OF NEWPORT BEACH
MINUTES
January. 26, 1981
Volume 35 Page 23
%IL-. Duohowski stated that in view of the foregoing,
LCP /Y auz Use
they would like to explore with the City conditions
(68)
under which The Irvine Company could dedicate the
Mouth of Big Canyon to the City or to an appro-
priate public agency.
Mr. Charles Jenks of The Irvine Company, Planning
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Department, outlined the site in question and
answered inquires of the Council.
Mr. Dmohowski proposed that the following additional
wording be included in the LCP, Pages 19 and 49, and
wherever else deemed appropriate by the staff:
"During the implementation phase of the LCP, the City
and the landowner shall develop a mechanism for
obtaining dedication of the Mouth of Big Canyon
including consideration of the following:
"a. The granting of development.rights to the
landowner on a 3+ acre portion of the Mouth
of Big Canyon for residential use with the
density not to exceed 15 dwellings per acre.
Such development rights may be applied to a
site other than the mouth of Big Canyon.
"b. The granting of park credits to the land-
owner for lands dedicated, on an acre for
acre basis."
With respect to the size of acreage of Big Canyon'
as noted on Page 19, the staff was requested to
check the current figure of 58 for accuracy.
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Following discussion, Mayor Heather made a motion to
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refer the subject proposal of The Irvine Company
to the staff for report and recommendation at the
February 9 Council meeting.
Pages 20 and 21 - No Changes
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Mayor Pro Tem Hart made a motion to add at the top
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of Page 22 the staff's recommendation as noted in
Item 20 of the January 19 staff report pertaining
to the policies which are currently applied to Lower
and Upper Newport Bay Ecological Reserve.
With respect to the term "wetlands" as stated on
Page 23, Item 4, it was suggested the staff look into
changing the language to "sensitive marine habitat"
and report back to the Council.
Councilman Hummel discussed with the staff the
existing grading regulations which apply to all
building sites as set forth on Page 24.'
Sherman Stacey, Attorney representing the Brit -
vichs and Rennekamps, property owners of lots
adjacent to Inspiration Point, addressed the Council
objecting to the inclusion of language which would
appear to, as a matter of course, make lots which
are otherwise buildable, not to be buildable under the
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ordinances of the City.
Mr. Stacey suggested a provision be adopted indicating
that insofar as these policies are applied to parcels
that are in separate and individual ownership in
Volume 35 Page 23
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January 26, 1981 INDEX
already subdivided subdivisions, these policies LCP /Land Use
shall not be applied in a manner as to prevent the (68)
use of the purposes of those properties for which
they are shown in the plan.
Pertaining to State funding of bluff properties,
Mr. Stacey indicated that the Coastal Commission does
not have the power or authority under the Coastal Act
to appropriate or make funds available to the City.
Requests for funding must be applied for on a grant
basis to the State Coastal Conservatory.
Mr. Richard Plastino, representing Irvine Terrace
Community Association, discussed the proposed grading
policy on Page 24 and stated he felt it would put a
burden on the homeowner and not be that beneficial.
Speaking as a resident with respect to the City
acquiring vacant bluff property, he stated he felt
it would be a misuse of public funds.
Following discussion,the staff was requested to
report back on a proposed policy which would be
consistent with the City's bluff ordinance, and
in addition, which sites would be included /excluded
from the proposed policy.
As requested by Councilman Hummel, and there being
no objections, the staff was also requested to
supply the Council with a copy of the Coastal Act's
definition of "bluffs1° and the guidelines for which
bluff alterations may be accomplished under the Act.
Page 25 - No Changes
Mayor Pro Tem Hart made a motion to delete Item 1 (a)
from Coastal Views on Page 26.
Dave Dmohowski of The Irvine Company suggested that
the mapping of the view corridors,and the sensitive .
habitat areas,occur during the LCP zoning and imple-
mentation phase so that when the Coastal Commission
reviews this ..portion they will not have an .appealable
project and they will not be subject to future
Coastal Commission review.
Following discussion,Councilman Cox made a motion to
delete the word "protect41 in statement E on Page 26
and add "maximize the protection of..."
Following further discussion,Mayor Pro Tem Hart made
a motion to rescind the foregoing motion and then
withdrew said motion.
Mayor Heather made a motion to direct the staff to
reword the language for the paragraph on Coastal
Views and report back at the next meeting.
Mayor Heather made a motion to continue the public
hearing on the LCP to 7:30 p.m., Monday, February 2,
1981.
Volume 35 Page 24
MINUTES
January 26, 1981
Volume 35 Page 25
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UP /1964
D. HEARINGS continued:
3. Mayor Heather opened the public hearing regarding
PLANNING COMMISSION AMENDMENT NO. 554, a request
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of The Irvine Company to amend the Planned Com-
munity Development Plan for Big Canyon by deleting
the reference to the two -and three -story height
limit of thirty -five feet to thirty -two feet in
all residential areas except for Area 10 where
the existing thirty -five foot height limit will be
maintained; reducing the permitted number of
dwelling units in Area 10; and the acceptance of
an Environmental Document,
AND
TENTATIVE TRACT MAP NO. 10814, a request of The
Irvine Company to create the three parcels of land
to allow the construction of a thirty -two unit
residential condominium project in the Big Canyon
Planned Community. Property designated as Area
10; being portions of Blocks 55, 56 and 93 of
Irvine's Subdivision, located northeasterly of
San Joaquin Hills Road, between Big Canyon Drive
East and Big Canyon Drive West; zoned P -C,
AND
A TRAFFIC STUDY for the proposed thirty -two unit
residential condominium project in the Big Canyon
Planned Community,
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AND
USE PERMIT NO. 1964, a request of The Irvine
Company to permit the construction of a thirty-
two unit residential condominium project and
related garage spaces in the Big Canyon Planned
Community on portions of Blocks 55, 56 and 93 of
Irvine's Subdivision, generally bounded by Ford
Road, MacArthur Boulevard, San Joaquin Hills Road,
and Jamboree Road.
A Report was presented from the Planning
Department.
Mr. Peter Dennison of The Irvine Company, gave
an overview of the proposed project. He also
displayed site plans and a topographic model of
the development.
Mr. Dennison 'stated that they were opposed.to
Condition of Approval No. 56 required by the
Planning Commission relative to a hold harmless
clause, and requested it be deleted.
Mr. Ron Kennedy, member Environmental Quality Citi-
zens Advisory Committee, 550 Hazel Drive, stated
that he had viewed the site, and noticed that the
bank had a great deal of "weeping," and therefore,
he felt the City should not assume the responsibil-
ity for what could occur in the future to the slope
Mayor Heather closed the public hearing.
Volume 35 Page 25
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PIC 554
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UP /1964
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CITY OF NEWPORT BEACH
MINUTES
January 26, 1981
Mayor Pro Tem Hart made a motion to sustain the.
recommendations of the Planning Commission, and .
(a) Approve the Findings with respect to the Final
EIR as set forth in the Project Findings and
accept, approve and certify the Final EIR;
(b) Approve the Findings with respect to Amendment
No. 554 for the Big Canyon P -C District as set
forth in the Project Findings and adopt Resolu-
tion No. 9961 amending the PCD Plan for Big
Canyon to delete reference to the two -story and
three -story limits for residential construction,
to change the height limit of thirty -five feet
to thirty -two feet in all residential areas
except Area No. 10, to reduce the permitted
number of dwelling units in Area 10 and accept
the Environmental Document;
(c) Approve the Findings with respect to the Tenta-
tive Map of Tract No. 10814 as set forth in the
Project Findings, and approve the Tentative Map
of Tract No. 10814 subject to the conditions
recommended by the Planning Commission;
(d) Accept and approve the Statement of Facts and
Statement of Overriding Considerations as set
forth in the staff report, which justify approval
of the project pursuant to Sections 15088 and
15089 of the State EIR Guidelines.
5. Mayor Heather opened the public hearing regarding
intention to VACATE ALLEY LYING IN THE 1700
BLOCK OF WEST BALBOA BOULEVARD, on the southerly
side of Balboa Boulevard lying between Lots 17
and 18, Block 17, Section B, Newport Beach Tract
(Balboa).
A Report was presented from the Public Works
Department.
Mr. Mark Siler, 108 -18th Street, adjoining
property owner, addressed the Council in opposi-
tion to the proposed vacation. He also inquired
as to the status of the property in question
once it is subdivided.
Following discussion with the Director of
Public Works, it was indicated that Mr. Siler
would be contacted by the Public Works Department
to discuss his concerns further.
Mr. Kirk Lamb, applicant, addressed the Council
in support of his request. He advised that he
had also received signed statements from property
owners in the area in favor of the alley vacation.
Mayor Heather closed the public hearing.
Councilman Hummel made a motion to reopen the
public hearing and continue it to February 9,
1981, to allow him to review the proposal .
further in view of the testimony given, which,
motion FAILED.
Volume 35 Page 26
Alley /Vac
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January 26, 1981
Mayor Heather made a motion to adopt Resolution
No. 9962, ordering vacation and abandonment of
alley lying in the 1700 block of West Balboa
Boulevard, and direct the City Clerk to record .
said resolution.
E. ORDINANCES FOR ADOPTIONS None
F., CONTINUED BUSINESS:
1. A Report from the City Manager was presented
regarding the PROPOSED INCREASE IN THE TRANSIENT
OCCUPANCY TAX.
Letters opposing the proposed increase were pre-
sented from the following people: Vaughn L.
Brinkman, Lido. Shores Hotel and Marina; William R.
Hamilton, Western Canners Company; Margaret Ford,
On -Line Temporary Personnel Services; Jeff Marks,
Fine Photography and Paul Franklin, Newport Harbor.
Costa Mesa Board of Realtors.
A position paper from the Newport Harbor Area
Chamber of Commerce, requesting the City not
increase the Transient Occupancy Tax (Bed Tax),
was also presented.
The following people addressed the Council in op-
position to the proposed increase: Helene Joy,
2025 W. Balboa Boulevard; Victor Rombella, Newport
Channel Inn; and Jon Q. Loeb, General Manager,
Marriott Hotel and Andrew G. Schwebel, President
Newport Beach Convention and Visitors Bureau (who'
also submitted letters).
Councilman Cox indicated he felt the proposed
increase was justified, and expressed his reasons
for strongly supporting it.
Debbie Gray, resident, addressed the Council and
asked if a study had been done on the amount of
transient occupancy tax received from the Summer
rentals on Balboa Island, Lido Isle, and Balboa
Peninsula.
The City Manager replied in the affirmative, but
noted that the figures had not been audited due
to the expense involved.
Following discussion Councilman Strauss made a
motion to adopt the following resolutions:
Resolution No. 9963 calling and giving notice
of the holding of a Special Municipal Election to
be held in the City of Newport Beach on Tuesday,
November 3, for submission to the qualified
electors of said City, a measure relating to an
increase in the Transient Occupancy Tax (Bed Tax)
(8 %- effective January 1, 1982), and to increase in
like amount the appropriations limit; and
Volume 35 Page 27
Fin /Transient
Ocpncy Tax
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MINUTES
January 26, 1981
Resolution No. 9964 requesting the Board of R -9964
Supervisors of the County of Orange to consolidate
a Special Municipal Election of the City of Newport
Beach with a Statewide election, pursuant to
Section 23302 of the California Elections Code; and
Resolution No. 9965 authorizing and requesting the R -9965
Board of Supervisors of Orange County to canvass
the returns of the Special Municipal Election to be
held an November 3, 1981 consolidated with State-
wide election.
Mr. Ron Kennedy, 550 Hazel, addressed the Council
in support of increasing the Transient Occupancy
Tax.
At the request of Councilman Hummel, and there
being no objections, the staff was directed to
report back at a future study session with a
recommendation as to how the City could better
audit the collection of the Transient Occupancy
Tax from those areas other than the hotel -type
in the City. .
2. APPOINTMENTS TO CITIZENS ADVISORY COMMITTEES FOR CAC
A ONE -YEAR TERM EXPIRING DECEMBER 31, 1981. (24)
The following appointments /reappointments were
confirmed:
Bicycle Trails Citizens Advisory Committee
(District 4) Mayor Heather's reappointment
of George Hanlon.
Remaining appointments deferred to February
9, 1981.
Environmental Quality Citizens Advisory
Committee
Remaining appointments deferred to February 9,
1981.
Litter Control Citizens Advisory Committee
(District 4) Mayor Heather's appointment of
Elaine Linhoff.
(District 6) Councilman Hummel °s appointment
of Pat Hollander and Lynne Bloomberg,
Technical Oil Advisory Committee
(Council appointees - 4 year terms)
Mayor Heather made a motion to reappoint the
following with provision they draw lots for
staggered terms in compliance with Resolution
No. 5069:
1. Hans Lorenz
2. George P. Zebal
3. George L. Guthrie
Volume 35 Page 28
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CITY OF NEWPORT BEACH
MINUTES
January 26, 1981
3. A report from the City Attorney concerning the
AGREEMENT between the City of Newport Beach and
WALTER E. GILLFILLAN was presented.
Councilman Cox made a motion to adopt Resolution
No. 9966 authorizing the Mayor and City Clerk to
execute an Agreement between the City of Newport
Beach and Walter E. Gillfillan.
Councilman Strauss moved to amend the motion
to add the words ".specifically described"
after the word "upon11 in Section 3 of said
Agreement, which was agreeable with the maker
of the motion.
G., CURRENT BUSINESS:
1. A report from the Planning Department regarding a
request of ROBERT M. THOMAS, Newport Beach, con-
cerning a PROPOSED AMENDMENT TO THE NEWPORT BEACH
GENERAL PLAN on property located on the south side
of Bolas Avenue between Broad Street and Clay,
3262 Broad Street, Plymouth Congregational Church;
zoned R -2, was presented.
Mayor Heather made a motion to return the request
to the originator without further action.
2. A report from the City Manager regarding a REVIEW.
OF POTENTIAL IMPACTS UPON NEWPORT BEACH OF AIRPORT
EXPANSION and the consideration of providing a
public notice regarding those impacts, was pre-
sented.
Councilman Hummel distributed a report consisting
of a series of ads he had prepared for publication
regarding the John Wayne Airport expansion and its
impact on the residents.
Joseph V. Jorgensen, Member of the Airport
Aviation Committee, 1517 Highland Drive, addressed
the Council and stated that he would. like to work
with the City Attorney and Councilman Hummel on
Mr. Hummel °s proposal. He also commented on the
decline in retail sales in areas which are near an
airport facility.
Following discussion,Councilman Strauss made a
motion to refer the subject proposal to Council-
men Cox and Hummel and the City Attorney, to
analyze for insertion in the newspaper,-and that
Councilman Hummel be requested to'present sub-
stantiation to back up his statements for conside
ation at the February 2, 1981 adjourned meeting..
3. A report was presented from the City Manager on
the ANNUAL REVIEW OF THE COUNCIL POLICY MANUAL.
Mayor Heather requested that Council give consider-
ation to amending the policy which requires that,
appointees to ad -hoc committees must be residents
of the City. She described two incidents in which
the current policy created a problem; the
Volume 35 Page 29
Gillfillan
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CITY OF NEWPORT BEACH
MINUTES
26, 1981
appointment of Jim Felton to the 75th Anniversary
Committee, and a replacement on the Friends of the
Bay.Committee.
During course of discussion, Councilman Strauss
stated that he intended to pull H -2(g) from the
Consent Calendar in order to discuss the same con-
cern, as well as another issue. He felt the exist-
ing policy should be adhered to, but suggested that
nonresidents, such as Jim Felton, serve in the capa-
city of consultants to give the City the advantage
of their particular expertise.
Following discussion, Councilman Maurer made a
motion to amend Council Policy A -9 by adding lan-
guage to the effect that the City Council shall
"endeavor" to appoint residents of the City of
Newport Beach,, which motion FAILED.
Councilman Strauss made a motion to continue this
item to February 9, 1981.
4. A report from the Utilities Director regarding Ope
tion and Maintenance of City Tideland Oil Wells in
West Newport, was presented.
Councilman Cox made a motion to direct staff to pre-
pare a proposal for the operation of the subject oil
wells by a private contractor, and report back to
the City Council within 60 days after the City has
full title to oil production facilities.
5. A report from the City Manager concerning twice a
week refuse collection in impacted areas during the
summer months, was presented.
Councilman Cox made a motion to approve the proposal
providing for the pilot program of collecting refuse
twice a week in the transient impacted areas which
include Balboa Island, West Newport (excluding
Balboa Coves, Newport Island, Finley Tract and 32nd
Street to 44th Street between Marcus Avenue and West
Balboa Boulevard), and Balboa Peninsula (excluding
Marinapark, Bay Island and from "F" Street to the .
West Jetty).
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The following actions.were taken as indicated except for
those items removed;
1. ORDINANCES FOR INTRODUCTION: - For continuation to
February 9, 1981:
(a) Proposed Ordinance No. , being, AN ORD.I-
NANCE OF THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.44. 020 (d) OF THE NEWPORT BEACH
MUNICIPAL CODE BY ADDING IN PARKING METER ZONE
FOUR, 28TH STREET BETWEEN LIDO PARK DRIVE AND
THE RHINE; AND AMENDING SECTION.12.44.020 (f)
OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING
IN PARKING METER ZONE SIX, 28TH STREET BETWEEN
NEWPORT BOULEVARD AND VILLA WAY. (A report
from the Traffic Engineer)
Volume 35 Page 30
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CITY OF NEWPORT BEACH
2.
3.
MINUTES
26. 1981
RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9967 authorizing the Mayor and Osako /Marina
City Clerk to execute an Amendment to Agree- Prk Landsp
ment for Landscape Services at Marinapark R -9967
between the City of Newport Beach and Eddie C- 2243 &1705L
Osako. (A report from the City Manager) (38)
(b) Resolution No. 9968 authorizing the Mayor and.
City Clerk to execute an Amendment to Jani-
torial Maintenance Agreement between the City
of Newport Beach and Western Counties Main-
tenance Company, Inc. (A report from the.City
Manager)
(c) Resolution No. 9969 authorizing the Mayor and
City Clerk to execute a Joint Powers Agreement
(revised) between the City of Newport Beach
and the County of Orange in connection with
offshore and onshore mooring administration.
(A report from the Marine Department)
(d) Resolution No. 9970 authorizing the Mayor and
City Clerk to execute an Agreement between the
City of Newport Beach and Kern County Refinery
Inc., for the purchase of crude oil. (A
report om the Utilities Director)
(e) Resolution No. 9971 authorizing the Mayor and
the City Clerk to execute a Professional
Services Agreement between the City of Newport
Beach and Robinson - Thompson Associates, Inc.
for first phase improvements to Corporation
Yard (Contract 2236). (A report from the
Public Works Department)
(f) Resolution No. 9972 authorizing the Mayor and
City Clerk to execute Agreements between the
City of Newport Beach and Newport Mariners
Plaza Association in connection with Site.Pla:
Review 25. (A report from.the Public Works
Department)
(g) Removed from the Consent Calendar.
- For referral as indicated:
(a) To staff for review and report back, a letter
from the Balboa Power Squadron regarding their
lease of the City building at 6000 West Pacif-
ic Coast Highway. (Attached with request of
the Board of Library Trustees)
(b) To the Planning Department for inclusion in
the General Plan 80 -3 hearing process, a
memorandum from the Bicycle Trails Citizens
Advisory Committee. (Attached)
• V I I I I I I Volume 35 Page 31
Wstrn Co/
Janit Agmt
R -9968
C -2142
(38)
CO /JtP Agmt
On /OfShr Mrg
R -9969
C -2241
(38)
Kern Co/
Crude Oil
R -9970
C -2244
(38)
Robinson/
Thompson
Corp Yd /Imp
R -9971
C -2236
(38)
'NptMar /Plza
Site Pln 25
R -99)2
C-2242
(38)
WNpt Libry
Ls /Balboa
PwrSq
(50)
Ping Dept
(68)
CITY OF NEWPORT BEACH
MINUTES
26. 1981
(36)
4. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Removed from the Consent Calendar.
•
(b) Letters from Gloria Rothschild, Alfred W.
Knight and Ciel Woodman opposing any new
expansion of Orange County /John Wayne Airport.
(Attached)
(c) A Resolution of the Orange County Division
League of California Cities Supporting the
Issuance of a Variance for the Continued
Operation of John Wayne Airport and Encourag-
ing an Active Noise Reduction Program, for .
consideration at the League's February 5, 1981
General Meeting. (Attached)
(d) A letter from Fountain Valley High School.
Principal and Band President, requesting
assistance to fund the Fountain Valley High
School band, who have been invited to march in
the 1981 Presidential Inaugural Parade in
Washington, D. C., January 20, 1981.
(Attached)
(e) A letter from the South Coast Air Quality.
Management District informing government
Agencies of the need to support SB -33 (Vehicle
Inspection and Maintenance). (Attached)
(f) A letter from Al "King Alfonso" Lizanetz
regarding his ongoing campaign against Seagram
•
Distillery.
(g) Minutes of the Friends of Oasis Board Meeting
of December 15, 1980. (Attached)
(h) Minutes of the Local Agency Formation Commis-
sion of Orange County of December. 10, 1980.
(Attached)
(i) Agendas of the Orange County Board of Super -.
visors regular meetings of January 13, 14, 20
and 21, 1981.
5. CLAIMS FOR DAMAGES: - For denial and.confirmation
of the City Clerk's referral to the insurance
carrier:
(a) Claim of Mohd Masan Nouri for personal in-
juries sustained from Newport Beach Police
Officers at the Newport, Beach City Jail on
January 16, 1981.
(b) Claim of.Jason A. Typer for injuries sustained
on October 11, 1980 at Buffalo Hills Park as .
the result of falling on an alleged faulty
rainbird head, injuring his knee..
•
Volume 35 Page 32
(36)
•
•
CITY OF NEWPORT BEACH
9
7.
T
9.
MINUTES
26, 1981
(c) Claim of Jean Wright for alleged.severe emo-
tional stress, etc., due to conflict with
Newport Beach Police Officer in parking lot of
Matteo's Restaurant, 2325 Pacific Coast High-
way, on December 3, 1980.
(d) Claim of Margaret S. Pearlstein for injuries
sustained when she fell on the sidewalk as a
result of construction work on the west side
of San Joaquin Hills Road, near Chevron Sta-
tion, on October 14, 1980.
SUMMONS AND COMPLAINTS: None.
REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66)
(A report from the City Manager)
(a) Three Library Clerk I's, Library Services
Department, to fill vacant positions.
(b) One Librarian I, Library Services Department,
to fill a vacant position.
(c) One Librarian II, Library Services Department,
to fill a vacant position.
(d) One Maintenance Man I, General Services
Department, to fill a vacant position.
(e) One Groundsman- Gardner II, Park Department, to
fill a vacant position.
(f) One Secretary, Library Services Department, to
fill a vacant position.
(g) One Typist Clerk II, Fire Services Department,
to fill a vacant position.
STAFF AND COMMISSION REPORTS: - For information and
approval:
(a) A report from the Public Works Department Trfc Sign/
regarding recommendation to pursue the imple- CHwy /Orchid
mentation of a raised island and illuminated (81)
sign for the pedestrian crossing at Coast
Highway and Orchid Avenue. (Attached)
(b) Memorandum from the Board of Library Trustees Npt Ctr Br/
regarding Newport Center Branch Library - Library Pkg
Parking and Lighting. (Attached with report (50)
from the Public Works Department)
(c) A report from the Assistant to the City
Manager regarding a proposed modification of
the Newport Pier concession building. (At-
tached)
PUBLIC HEARING SCHEDULING: None.
40 11111111 Volume 35 Page 33
Npt Pier
Merting/
C -1901
(38)
•
•
•
CITY OF NEWPORT BEACH
MINUTES ..
January 26, 1981 INDEX
10. ACCEPTANCE OF 1980 -81 SEAL COAT PROGRAM, PHASE I 1980/81 Seal
(C -2190) - Acceptance of the work; authorize the Coat /Ph I
City Clerk to file a Notice of Completion; and C -2190
authorize the City Clerk to release the bonds 35 (38)
days after Notice of Completion has been filed. (A
report from the Public Works Department)
11. ACCEPTANCE OF BALBOA ISLAND COPING REPAIR, PHASE BalIs Copg
III (C -2185) - Acceptance of the work; authorize Rep /Ph III
the City Clerk to file a Notice of Completion; and C -2185
authorize the City Clerk to release the bonds 35 (38)
days after Notice of Completion has been filed. (A
report from the Public Works Department)
12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 8681, LOT Tr 8681
125, TRACT NO. 5435, LOCATED AT 1976 VISTA CAUDAL, Impvmts
SOUTHWESTERLY OF VISTA DEL ORO AND NORTHEASTERLY
OF VISTA CAUDAL IN "THE BLUFFS" - Acceptance of the
public improvements constructed in conjunction with
Tract No. 8681; authorize the City Clerk to release
the Faithful Performance Bond (Bond No. 71.17868);
and authorize the City Clerk to release the Labor
and Material Bond (Bond No. 7117868) in six months
provided no claims have been filed. (A report from
the Public Works Department)
13. ACCEPTANCE OF IMPROVEMENTS IN TRACT N0. 8682, LOT Tr 8682
89, TRACT NO. 5878, LOCATED AT 2122 VISTA ENTRADA Impvmts
WESTERLY OF VISTA DEL ORO, EASTERLY OF VISTA ENTRA-
DA, " THE BLUFFS" - Acceptance of the public im-
provements constructed in conjunction with Tract
No. 8682; authorize the City Clerk to release the
Faithful Performance Bond (Bond No. 7117867); and
authorize the City Clerk to release the Labor and
Material Bond (Bond No. 7117867) in six months
provided no claims have been filed. (A
report from the Public Works Department)
14. JAMBOREE ROAD AND BAYSIDE DRIVE RESURFACING (C- Jam /Bsd Dr
2226) - Approve the plans and special provisions Resurf
for the project; and authorize the City Clerk to C -2226
advertise for bids at a date to be determined by (38)
the Public Works Director in the near future. (A
report from the Public Works Department)
15. CORONA DEL MAR BEACH PARKING LOT (EAST SIDE) RE- CdM Bch Pkg
DESIGN AND RESURFACING (C -2224) - Approve the plans E /Side
and specifications for the subject project, and C -2224
authorize the City Clerk to advertise for bids to (38)
be opened at 10:30 a.m. on February 11, 1981. (A
report from the Public Works Department)
16. BALBOA ISLAND PARK, BUILDING, AND SITE IMPROVEMENTS BalIs Prk
(C -2131) - Acceptance of the work; authorize the B/S Impvmts
City Clerk to file a Notice of Completion, and to C -2131
release the bonds 35 days after the Notice of (38)
Completion has been filed; and approve an extension.
of time of 19 calendar days. (A report from the
Public Works Department)
Volume 35 Page 34
0
Motion
All Ayes
M•ion
All Ayes
x
x
CITY OF NEWPORT BEACH
MINUTES
17. HARBOR PERMIT APPLICATION - Approval, in conjunc- Harbor Per
tion with conditions of approval listed in the (51)
general permit issued to the City by the Corps of
Engineers, application 132 -201, California Recrea-
tion Company, 201 East Coast Highway. (A report
from the Marine Department)
18. CITIZENS ENVIRONMENTAL QUALITY ADVISORY COMMITTEE EQCAC
Acceptance of the resignation of Anita Ferguson (24)
with regret, direction to the City Clerk to prepar
a Certificate of Appreciation. (Letter of resigna
tion attached)
19. BUDGET AMENDMENTS - For approval:
BA -047, $16,000 Transfer in Budget Appropriations BA
for Geotechnical Investigation, Sediment Control (25)
Facilities for Upper Newport Bay and Lower San
Diego Creek; General Fund.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Resolution No. 9973 amending Resolution No. 9877 R -99
by increasing membership of the 75th Anniversary 75tb
Ad Hoc Committee to thirty -five, endorsing prepara Ad -H
tion by the Committee of a history of Newport (24)
Beach, allowing the Committee to raise funds, and
creating the 75th Anniversary Fund, was adopted.
Council will review "The Future - Master Plan,"
prior to its publication, designated as Item 18
in the staff report.
Anv
2. A letter from Herbert F. Whitley regarding the IPD /Anml Cntrl
dog droppings in West Newport Beach, specifically 1(70)
along Seashore Drive, and the new City park and
playground in West Newport, was presented.
The letter was referred to the Police Department,
Animal Control, for investigation and report back.
The City Council adjourned in memory of Richard H.
"Dick" Spooner, who passed away on Friday, January 23,
1981.
The meeting was adjourned at 12:40 a.m., to 7:30 p.m.
Monday, February 2, 1981.
C�Illl�li WACOF�` "'��
Volume 35 Page 35
r