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Home My WebLink About07/27/1981 - Regular MeetingME • Present Motion All Ayes • Motion All Ayes Motion All Ayes Motion All Ayes x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 Y.M. DATE: July 27, 1981 Proclamations were presented by the Mayor to represen- tatives of the Chamber of Commerce, and SPON for their participation in the cleanup of Upper Newport Back Bay. The Mayor presented a Proclamation to Duncan Stewart, Newport Beach resident, in recognition of his many outstanding contributions to the community in the areas of music, poetry and architecture. Permaplaqued Certificates of Appreciation were presented to the following persons for their devoted service: PAR", BEACHES & RECREATION COMMISSION Kenneth B. Schwarz Joan Winburn ARTS COMMISSION Beryl Melinkoff PLANNING COMMISSION George Cokas A. ROLL CALL. B. The reading of the Minutes of the Meeting of July 14, 1981, was waived; approved with the fol- lowing correction, and filed: The vote on agenda item G.3 (Budget Amendment 004) to read: Ayes: Hummel, Strauss, Plummer Noes: Cox, Hart, Heather C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. F -8 (a)Motion was made to have as the first order of business consideration of the Planning Department's response to the REQUEST OF DE ANZA BAYSIDE VILLAGE ASSOCIATION FOR MOBILEHOME PARK ZONING. Following comments by Council Member Maurer, motion was made to refer the subject request to the Plan- ning Commission for implementation of mobilehome zoning designation, to be applied only to that portion of De Anza park that is presently occupied by mobilehomes. Richard A. Naylor, President, De Anza Bayside Village Association, addressed the Council, ex- pressing appreciation of the foregoing action, and also to the many concerned residents in attendance. Motion was voted on, and unanimously carried. Volume 35 - Page 200 Prk /Zoning (94) CITY OF NEWPORT REACH C UNCIL ME B RS MINUTES ROLL CA 1 n� 1„i., 97 ioai ...,�. D. HEARINGS: 1. Mayor Heather opened the continued public hearing GPA 80 -3 regarding GENERAL PLAN AMENDMENT 80 -3, a request (45) initiated by the City of Newport Beach to amend the • Land Use, Residential Growth, and Recreation and Open Space Elements of the Newport Beach General Plan, and the acceptance of an Environmental Docu- ment. Reports from the Planning Department dated July 2, 14 and 27, 1981, were presented. Letters and petitions in support of General Plan Amendment No. 80 -3, were presented. Letter from Ida Z. Williams in opposition to General Plan Amendment 80-3, was presented. Letter from Wilbur D. Layman, Attorney, representing Newport Center Medical Buildings, regarding General Plan Amendment 80 -3 and 81 -2, were presented. Letter from Hoag Hospital regarding General Plan Amendment 80 -3 and proposed medical building, was presented. The City Clerk reported that after printing of the agenda, four additional letters had been received in support of General Plan Amendment 80 -3 from the following: Mr. and Mrs. E. P. Benson, Michael C. Gering, Bjorn Sedleniek, and Newport Harbor -Costa • Mesa Board of Realtors. The City Clerk advised that an additional letter had also been received from Wilbur D. Layman, At- torney, representing Newport Center Medical Build- ing, dated July 27, 1981. The City Manager noted that Council Member Maurer had listened to the verbatim tape recording of the July 14 public hearing, due to his absence from that meeting, and therefore, can participate in the consideration. The City Manager summarized the additional infor- mation submitted by the staff as requested by the City Council at its last meeting. Reference was made to the Environmental Impact Report for General Plan Amendment No. 80 -3, wherein it was pointed out that the subject document had been reviewed by the Planning Commission, and pur- suant to their adopted resolution, had recommended certification by the City Council. Council Member Hummel stated that he wanted assur- ance the EIR had gone through the required legal process prior to coming before the City Council, and therefore, there being no objections.from the • Council, directed the staff to report back. Volume 35 - Page 201 CITY OF NEWPORT BEACH C UNCIL ME B R5 MINUTES y yG� y9�9s��G�� ROLL CALL tP� �D i„lv 27_ 1QR1 -- - - -- - - -- 1FM ucA Motion. x One and one -half hours was allowed for public testi GPA 80 -3 All Ayes money on General Plan. Amendment No. 80 -3. The following persons addressed the Council: • Wilbur Layman,-Attorney, representing Newport Center Medical Building, referred to his letter of July 21, 1981, wherein the position of Newport Center Medical Building was enumer- ated. The Newport Center Medical Building wants to establish and protect rights to con- struct its 80,000 square foot medical build- ing. The understanding of Newport Center Medical Building is, that if approval of the medical building in General Plan Amendment No. 81 -2 is not obtained, then Policy No. 10 means that they may seek a transfer of density from The Irvine Company lands to Block 400, subject to Planning Commission approval, City Council approval, and adequate environmental documen- tation. If this is not the case, Newport Center Building would like to be advised. Frank Rhodes, General Partner, Newport Center Medical Building, 1417 E. Bay, stated that Newport Center Medical Building has not pre - viously requested entitlements in Block 400 because, whenever they needed permits, there never was a problem. Up until now, the General Plan has allowed what they have built. They acquired the subject vacant site in 1966 specifically for a second building, and the • layouts of the second building are all part of the original lease. This is the first time that land, as well as entitlements, have "run - out." Beverly Jones, 700 Heliotrope, Corona del Mar, read a prepared statement concerning increased traffic on Pacific Coast Highway through Corona del Mar, and urged that the Council not allow General Plan Amendment 80 -3 without requiring the connection of Pelican Hills and San Joaquin Hills Roads. Todd Ridgeway, 1507 Santanella Terrace, repre- senting Irvine Terrace Community Association, read a prepared statement, indicating they felt it was the responsibility of The Irvine Company with guidance from the City Council, to assure that noise pollution from increased traffic, and air pollution will be controlled prior to construction of any additional office or commercial buildings. Dee Dee Masters, 140'Fernleaf, Corona del Mar, spoke in support of the proposed Pelican Hills /San Joaquin Road connection. She stated that the project is not proposed to be com- pleted until 1986, and urged the Council to . not consider any further development until the subject road improvements are made. Volume 35 - Page 202 CITY OF NEWPORT BEACH C AUNCIL ME B � RS MINUTES ROLI CL lNf1PY Ernest George, 2865 E. Pacific Coast Highway, GPA 80 -3 spoke in support of requiring the realignment of San Joaquin Hills Road to be made as a condition of approval for General Plan Amend- ment 80-3, thereby the cost being borne by • The Irvine Company. A map was displayed, wherein the Director of Public Works pointed out the proposed alignment of Pellican Hills Road tieing into Bonita Canyon Road, and thereafter, the connection of San Joaquin Hills Road to Pellican Hills Road. Joe Winkelmann, 1318 Santanella Terrace, President of Irvine Terrace Community Associa- tion, spoke in opposition to any further development of Newport Center until a sound barrier has been constructed along Irvine Terrace /Coast Highway frontage to protect the community from increased traffic noise. Gary Shamburg, 2900 Alta Vista Drive, Member of East Bluff Homeowners Association, spoke neither for, or against General Plan Amendment 80-3. However, he did ask that they get assurance from the City that, should develop- ment occur in Newport Center, the noise barrier wall would still be constructed as promised. The Director of Public Works responded that • the current budget includes funding for the updating of the Environmental Impact Report, and preparation of the plans for the noise barrier wall and widening project of Jamboree Road. John Morgan, 404 Vista Grande, Newport Beach, read a prepared statement in favor of General Plan Amendment 80 -3. Wendell Fish, 1901 Chubasco Drive, resident of Irvine Terrace Community Association, submitted a petition with 15 signatures, urging that the requirement of a noise barrier between Jamboree Road and the easterly end of Irvine Terrace be included in the specifica- tions for the redevelopment of East Coast Highway. Richard Nichols, 519 Iris, Corona del Mar, submitted an alternate plan to the proposed Avocado /MacArthur cuplet for consideration. Michael C. Gering, President of Newport Harbor Area Chamber of Commerce, stated that the broadening of the tax base through additional revenues can only benefit the City, its resi- dents and its businesses. The refusal to • Volume 35 - Page 203 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES tp G ROLL CALLS n9 July 27. 1981 ...� -- - nevr.A allow the development of the proposed office GPA 80 -3 buildings and hotel can only lead to addition - al development within surrounding areas, with those cities reaping the benefits of tax revenues generated by that development. Another important overriding consideration in approving the applicant's proposal is the extent to which the applicant has agreed to privately fund in excess of eight million dollars in badly needed road improvements within the City. To disregard this considera- tion, in his opinion, would be irresponsible. He urged the Council to approve General Plan Amendment 80-3 as presently proposed. Motion x During course of discussion, Mr. Gering was All Ayes granted two additional minutes with which to conclude his remarks. Clarence Turner, President, Mariners Community Association, stated that the Association has two major concerns: 1) the Center itself, and. 2) the Center's impact on John Wayne Airport. He read into the record a prepared statement indicating there should be additional evening activities encouraged at Newport Center, such as theatres, restaurants, and recreational facilities. Commercial "office" development should be conditioned upon The Irvine Company' opposition to the Master Plan adopted by the County Board of Supervisors for the expansion of John Wayne Airport. Only in this way can • the hotel be approved without undermining the City's opposition. Motion x During course of discussion, Mr. Turner was All Ayes granted an additional two minutes with which to conclude his remarks. Pat Hollander, 213 Via Dijon, Member of SPON's Steering Committee, pointed out differ - ences, in their opinion, of The Irvine Com- pany's methods of calculating trip generating rates for both the airport and surface traffic Bernard E. Schneider, President, Newport Cente Association, submitted petitions in support of General Plan Amendment 80 -3 in its entirety. Motion x Inasmuch as the allotted time for this item All Ayes had run out, motion was made to allow two ad- ditional persons to speak, who could not atten the continued hearing at the next meeting. Jerry Stewart, President, Corona del Mar Cham- ber of Commerce, spoke in support of General Plan Amendment 80 -3, but also spoke in support of the Corona del Mar merchants concerns with respect to parking on Pacific Coast Highway. • Volume 35 - Page 204 CITY OF NEWPORT REACH C CIL ME B RS MINUTES T„1 1 yG3 UN ROLL CALI �� D v 97 ggl - - - -- - - -- IINUGX Terri.e Watt, 1434 Jones Street, San Francisco, Planning Consultant for SPON, stated that she had been requested to review a cost revenue matrix by the Director of Finance, prepared at • the request of Council Member Plummer. Copies of the subject matrix were included in the Council's agenda packet. She felt the matrix was incomplete in that it shows the revenues lost as components of the plan are removed; however, it does not analyze the revenues that could result if other revenues were put in its place. She advised that she had met with the Director of Finance and asked that two'addi- tional columns be added to the matrix to which she addressed. Ms. Watt stated that until the Council fully understood what generates revenue and what does not, she felt it would be premature to make a decision at this time. She urged, on SPON's behalf, that the Council give this matter close scrutiny prior to acting on General Plan Amendment 80 -3. Maurice DeWald, 7 Hermitage Lane, read a prepared statement in support of General Plan Amendment 80-3. Motion x Mayor Heather summarized items of concern to be All Ayes reported on at the next meeting, and the hearing was continued to August 10, 1981. 2. Mayor Heather opened the public hearing regarding Weed Abtm • REPORT AND ASSESSMENTS FOR ABATEMENT OF WEEDS AND (41) OTHER NUISANCES. A report from the Fire Department, was presented. Hearing no one wishing to address the Council, the hearing was closed. Motion x Resolution No. 11001, confirming the report of the R -11001 All Ayes Fire Chief concerning cost of the abatement of weeds and other nuisances, and requesting the Auditor- Controller of Orange County to enter the amount of each assessment referred to in said report on the County tax roll, was adopted. 3. Mayor Heather opened the public hearing regarding T /Tr 10814 CONSIDERATION OF TENTATIVE TRACT 10814, CONDITION Big Canyon/ OF APPROVAL NO. 56 - BIG CANYON AREA NO. 10. Area 10 A report from the City Attorney, was presented. The City Manager summarized the background of this project, and referred to the five alternatives for Council consideration. Volume 35 - Page 205 • CITY OF NEWPORT BEACH C UNCIL ME %n\to MINUTES s tiG I I ('AI I Julv 27. 1981 INI)F f It was recommended by the City Attorney that the Big Canyon/ City Council maintain the "hold harmless" clause, Area 10 cause it to be recorded, together with a notice of potential geologic risk or hazard, and amend • Condition No-56 as follows: "The Applicant shall prepare and execute an Agreement approved as to form and content by the City Attorney, the effect of which is to obligate Applicant, and its successors and assigns, to defend, indemnify and hold harmless the City of Newport Beach with respect to any claim, loss, damage-or injury, excluding inverse condemnation causes of action, that may arise from, or in any way be related to the movement of earth and soil within the project area. Further, the Applicant shall provide a method of recorded notification to future owners of units within the project area, that the site is subject to geologic risk or hazard in a manner to be approved by the City Attorney." It was further recommended that Finding No. 6 be revised as follows: "6. The City Council desires to pro- tect the City from future financial obliga- tion should there be a landslide on the site and further to provide warning to future owners of the property that there may be a risk of landslide, earth movement or the • slippage (geologic hazard) associated with the development of the tract through the execution of a hold harmless agreement with the subdivider, as well as a recorded Notice (which shall run with the land) to notify future owners of the property that there may be geologic risk or hazard inherent in the development of this site." In response to Council inquiry, the Director of Public Works advised that there are known soils problems at Big Canyon, Area 10. There have been two very substantial slides, perhaps more. The soils engineer's report that was prepared initially indicated the need for stability and special treatment. The supplemental soils report that the City had prepared indicated that cut slopes and existing slopes were essentially unstable, and would require special treatment. The special treatment that has been recommended Volume 35 - Page 206 • CITY OF NEWPORT BEACH C UNCIL AflE B RS s yG� ti9�9s��G�� ROLL CALL G�9 P July 27 1981 MINUTES INDEX consists of special techniques to drain the slopes, to install horizontal drains, back drains, etc. These techniques, in the opinion of the grading engineer, can result, and will result in reducing the degree of risk associated with the grading of the development of the property to a "low- risk" category. The term "low- risk" is a term used within the soils engineering profession, and a term used to denote an acceptable degree of risk in hillside development.. The Director of Building stated that they will require ten (10) conditions which should bring project grading into conformance with "low- risk" criterion as enumerated in his report to the City Attorney dated July 8, 1981. The Director of Planning stated that, once grading has been accomplished and approved in accordance with the Grading Plan, building permits will be issued. In addition, staff will monitor the grad- ing during the "rough" stage. Susie Picker, 110 -9th Street, addressed the Coun- cil in opposition to developing the subject property because of its knowingly hazardous con - dition. • Peter Dennison, Manager of Community Development, The Irvine Company, addressed the Council and stated that they, too are concerned that the project is properly constructed, and are aware of the subject problems. During the past year they have been involved in extensive geological and soil investigations on the site. The Irvine Company is in agreement with the proposed 10 conditions relating to the issuance of the Grading Plan. In addition, they accept the recommendation of the City Attorney to require some notification to future home owners of some potential geological risk. However, they still feel very strongly that the hold harmless requirement is unnecessary and inappropriate. Hearing no others wishing to address the Council, the public hearing was closed. Volume 35 - Page 207 • '�':, 'g ••' � �/ � iii ,._ C U ME B RS MINUTES G R01I CGI I n� �D T,0 9� iaai iuncv Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to modify Condition No. 56 to • delete the hold harmless provision, by adding the obligation to warn future owners of a geological risk, subject to the ten (10) conditions outlined in the report of the Building Department dated July 8, 1981. Motion x Substitute motion was made to add to Condition No. Ayes x x x x x 56 the obligation of The Irvine Company to record Noes x x a notice of potential geological risk to warn future owners of the site of a potential hazard, as recommended by the City Attorney; and in addi- tion,.to approve Findings No. 1 through 7, as amended by the City Attorney. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION: - None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11002 approving the destruction Records Mgm . • of certain records in the City Clerk's R -11002 office. (32) (b) Resolution No..11003 awarding a contract Oasis Sr Ctr (C -2259) to Environmental Landscape Contrac- R -11003 tors in connection with Oasis Senior Citizens C -2259 Center Improvements. (A report from Public (38) Works Department) (c) Resolution No. 11004 authorizing the Mayor Resub 660 and City Clerk to execute a Subdivision R- 11004 Agreement between the City of Newport Beach, (84) the Factory Insurance Services Inc., and Kurt W. and Judy Rietsch, guaranteeing improvements required with Resubdivision No. 660. (A report from Public Works Department) (d) Resolution No. 11005 authorizing the Mayor Upr Npt Bay and City Clerk to execute a Cooperative R -11005 Agreement with the State of California C -2279 Department of Fish and Game and The Irvine (38) Company for leasing of Site A for use as a disposal site for Upper Newport Bay dredging. (A report from Public Works Department) (e) Resolution No. 11006 extending the term of 75th Anv Com the 75th Anniversary Committee to R- 11006 December 31, 1981. (A report from Parks, (24) • Beaches & Recreation Director) Volume 35 - Page 208 CITY ®F NEWPORT BEACH C UNCIL ME B RS MINUTES 9 G s s ROLL CALL i1'�S+ July 27, 1981 INDEX 3. COMMUNICATIONS - For referral as indicated: (a) To Traffic Department for reply, letter from Seashore Dr/ W. E. McNair regarding one -way traffic on Traffic • Seashore Drive. (85) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Mr. and Mrs. W. Lee Spencer . commending Police Officers Richard Long and Andy Gonis for job well done in recent j crisis. (b) A letter from John F. Karp relating to incident at Corona del Mar State Beach. (c) A letter from Coalition of Concerned Coastal Citizens regarding transportation. (d) A letter from Secretary of State transmitting Senate Concurrent Resolution No. 28 regarding National Guard Day. (e) Friends of Oasis, Minutes of Board Meeting - June 15, 1981. (f) Local Agency Formation Commission - Minutes of June 24, 1981. (g) Parents Resources and Information on Drug Education, Annual Report 1980 -81. • (h) Orange County Human Services Agency, Status of Compliance with Beach Sanitation Regu- lations. (i) Orange County Airport Land Use Commission, Minutes of June 18, 1981. (j) Public Utilities Commission, Notice of Filing Application for Rate Change, Southern California Edison Company. (k) Greyhound Lines, Inc., Notice of Application to Public Utilities Commission to increase passenger fares. (1) Board of Supervisors Agendas for July 14 and 21, 1981. 5. CLAIMS FOR DAMAGES - For denial and confirmation of (36) the City Clerk's referral to claims adjuster: (a) Claim of Dorothy Henry for personal injuries Henry allegedly due to defect in sidewalk on Miramar Avenue, May 23, 1981. Volume 35 - Page 209 • NC -UN IMEMB RS s ROLL CAI B.lv 77 1QR1 MINUTES 4 1 Ur-A (b) Claim of Robin Horvath for property damage re HOrvAth sulting from removal of serial number from bicycle by Police Department on June 25, 1981. (c) Claim of Jon Peter Weiglin seeking reimburse- Weiglin • ment for towing charges allegedly due to error by Police Department on June 17, 1981. (d) Claim of Charles J. Hatfield seeking ream- Hatfield bursement for towing charges allegedly due to error by Police Department on July 7, 1981. (e) Claim of Holiday House Liquors seeking reim- Holiday bursement for loss of business allegedly due House to Jasmine Creek Flood Control Project on June 8, 11, and 22, 1981. (f) Claim of Nancy Hugo for property damage re- Hugo sulting from City truck backing into claim - ant's vehicle. 6. SUMMONS AND COMPLAINTS - For confirmation of the (36) City Clerk's referral to claims adjuster: (a) Summons and Complaint of Barry L. Loyd for Loyd personal injuries, Case No. 352578 in Orange County Superior Court. Original claim was filed January 30, 1981, and denied by City Council on February 9, 1981. (b) Summons and Complaint of George J. Coe for Coe personal injuries, Case No. 359716 in Orange County Superior Court. Original claim was • filed May 29, 1981, and denied by City Council on June 8, 1981. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval (66) (A report from the City Manager) (a) One Data Entry Operator, Finance Department. (b) One Groundsman- Gardner I, Parks, Beaches and Recreation Department. (c) One Equipment Operator II, General Services Department. (d) One Refuse Crewman, General Services Depart- ment. (e) Two Parking Control Officers, Police Department. 8. STAFF AND COMMISSION REPORTS - For information and - approval: (a) (Refer to Volume 35, Page 200 of Minutes) (b) Memorandum from the Planning Department re- Bds /Com garding the ELECTION OF OFFICERS FOR THE (24) • PLANNING COMMISSION FOR FISCAL YEAR 1981 -82. Volume 35 - Page 210 CITY OF NEWPORT BEACH C UNCIL MEMB RS MINUTES ROLL CALLS �o �D July 27, 1981 (c) Memorandum from the Parks, Beaches and Recrea- Bds /Com tion Department regarding ELECTION OF OFFICERS (24) FOR FISCAL YEAR 1981 -82. • (d) Report from Parks, Beaches and Recreation Public Fac/ Department regarding WOMEN'S CIVIC LEAGUE OF Fees NEWPORT HARBOR REQUEST TO REVIEW POLICY OF (62) FEES FOR USE OF PUBLIC FACILITIES. (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. (g) Removed from the Consent Calendar. (h) Removed from the Consent Calendar. 9. PUBLIC HEARING SCHEDULING: None. 10. ACCEPTANCE OF SAN JOAQUIN HILLS ROAD AND SAN SJH /SMig MIGUEL DRIVE TRAFFIC MEDIAN LANDSCAPE DEVELOPMENT Tfc Median (PAVING ONLY) (C -2211) - Accept the work; author- C -2211 ize the City Clerk to file a Notice of Completion, (38) and release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 11. JAMBOREE ROAD (NORTHBOUND) RESURFACING FROM FORD Jamboree Rd ROAD TO 900 FEET SOUTH OF EASTBLUFF DRIVE Resurfacing (C -2197) - Confirmation of Public Works Depart- C -2197 ment's issuance of Addendum No. 1 to the subject (38) . contract. (A report from the Public Works Depart- ment) 12. ACCEPTANCE OF IMPROVEMENTS FOR USE PERMIT NO. Use Permit 1924 - A portion of Block 93 of Irvine's subdivi- 1924 sion located on the northerly side of East Coast (88) Highway westerly of MacArthur Boulevard, Califor- nia Federal Savings and Loan Association developer. Accept the public improvements constructed in conjunction with Use Permit No. 11924; authorize the City Clerk to release the Faithful Performance Surety (Letter of Credit No. 141344), and the Labor and Material Surety (Letter of Credit No. 141345) in six months, provided no claims have been filed. (A report from the Public Works Department) 13. Removed, from the Consent Calendar. 14. LIDO ISLE RESURFACING PHASE I AND II (C -2248) - Lido Is /Phs I' Approve the plans and specifications, and authorize & II Resurf the City Clerk to advertise for bids to be opened C -2248 at 11:00 a.m., August 12, 1981. (A report from (38) the Public Works Department) Volume 35 - Page 211 • CITY OF NEWPORT BEACH C UNCIL ME B RS G 9 s S � G o MINUTES ROLL CALS u.1ncv -- - - - - ---- „even 15. UPPER NEWPORT BAY EARLY ACTION PLAN - SEDIMENTATION Upr Npt Bay BASINS AND DROP STRUCTURES IN SAN DIEGO CREEK Early Action (C -2276) - Approve the plans and specifications, C -2276 and authorize the City Clerk to advertise for (38) bids to be opened at 2:30 p.m., on August 14, 1981. (A report from the Public Works Department) 16. PARKWAY TREE TRIMMING ON BALBOA PENINSULA AND Prkwy Tree CLAY STREET - Approve the bid documents, and Trimming authorize the City Clerk to advertise for bids. (62) (A report from Parks, Beaches and Recreation Department) 17. BUDGET AMENDMENTS - For approval: (25) BA -006, $2,355.00 Transfer in Budget Appropriations to General Services - Refuse, for Special Refuse Collection for Lido Isle Isle ($1,145.00) and Balboa Island ($1,210.00). BA -007, $200.00 Increase in Budget Appropriations and Revenue Estimates for donation by West Newport Improvement Association for purchase of bronze plaques for memorial dedication. (Report from Parks, Beaches and Recreation) BA -008, $1,500.00, Increase in Budget Appropria- tions and Revenue Estimates to provide for print- ing, awards, and supplies for 75th Anniversary events; 75th Anniversary Fund. (A report from Parks, Beaches and Recreation) BA -009, $3,245.00 Transfer in Budget Appropriations to provide for Capital Outlay items for the Marine Department, inadvertantly omitted from the final budget; Shop Equipment, Equipment, N.O.C. Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Following comments by Council Member Plummer re- 75th Anv/ Ayes x x x x x garding report from Parks, Beaches and Recreation Surfg Cntst Abstain x x Department pertaining to NEW PROGRAM NOTIFICATION (62) - 75TH ANNIVERSARY SURFING TOURNAMENT WITH QUICKSILVER, INC., co- sponsorship of the subject program was approved; and annual (or more) surfing contests, preferably limited to local residents, was referred to the Parks, Beaches & Recreation Commission for consideration. Motion x 2. Following comments by Council Member Strauss re- PB &R /Wine Ayes x x x x garding report from Parks, Beaches and Recreation Apprec Progr Noes x I x Department pertaining to NEW PROGRAM NOTIFICATION (62) - WINE APPRECIATION, the subject program was disapproved. Motion x 3. Following discussion of report from the Parks, Historical All Ayes Beaches and Recreation Department regarding the Res /Fnd ESTABLISHMENT OF A RESERVE FUND FOR HISTORICAL (62) PROJECTS DONE IN COOPERATION WITH THE NEWPORT BEACH HISTORICAL SOCIETY, the recommendation for a reserve fund for historical projects, up to a maximum of $5,000, was approved; the balance to come back to the City Council for disposition. Volume 35 - Page 212 CITY OF NEWPORT BEACH C UN CIL ME B RS MINUTES 9 G y s 9 ROLL \rAl Gnu July 27. 1981 1mnFy Motion x 4. Following clarification from the City Attorney Friends Oasis All Ayes regarding the REQUEST FOR FUNDS TO ASSIST INSUR- Ins /Fnds ANCE PAYMENT FOR FRIENDS OF OASIS to pay one -half (62) of the insurance premium that covers their opera- tion, was approved; and staff was directed to prepare the necessary Budget Amendment of $2,400. Motion x 5. Following comments by the Director of Public 32nd St /Fire Ayes x x x x x x Works, regarding REMODELING FIRE DEPARTMENT 32ND Facilities Noes x STREET FACILITIES (C- 2107), the work was accepted; C -2107 the City Clerk was authorized to file a Notice of Completion, and release the bonds 35 days after the Notice of Completion has been filed. In addition, an extension of time of 60 calendar days, and assessed liquidated damages in the amount of $1,500, were approved. H. ORDINANCES FOR ADOPTION - None. I. CONTINUED BUSINESS: 1. REINSTATING LIBRARY COORDINATOR POSITION in Library Fiscal Year 1981 -82 Budget ($9,500), was presented Coord /Pstn for reconsideration. (25) Motion x Library Coordinator Position was approved, and the Ayes x x x x x preparation of Budget Amendment in the amount of Noes x x $9,500, was ordered. 2. APPOINTMENTS TO PARKS, BEACHES AND RECREATION COM- Bds /Com MISSION, are as follows: (24) The assignment of red and green lights was selected as the method of voting, and the following appoint- ments were confirmed:' Green Lucy de Mocskonyi was assigned the green Red x x x x x x x light; Rae Cohen was assigned the red light. Rae Cohen was appointed for a 4 -year term ending June 30, 1985. Green x x Lucy de Mocskonyi was assigned the green Red x x x x light; Robert Hopkins was assigned the red Abstain x light. Robert Hopkins was appointed to fill the unexpired term of Stanford Green, ending June 30, 1982. 3. APPOINTMENTS TO LITTER CONTROL CITIZENS ADVISORY LC /CAC COMMITTEE: (24) Motion x (District 1) Council Member Strauss' appointment to All Ayes fill the unexpired term of Carol McDonald, ending December 31, 1981, was. deferred to August 10, 1981. Motion x (District 3) Mayor Pro Tem Hart's appointment of All Ayes James C. Person, Jr., to fill the unexpired term of Ninfa J. O'Brien, ending December 31, 1981, was confirmed. Volume 35 Page 213 - C U IL AAE B RS MINUTES Rnl I CSI July 27. 1981 INr)FX 4. APPLICATION OF DAVID BALLARD, CHUCK JONES AND Ballard /Jones WILLIAM CLARKE TO ENCROACH up to 6 feet into & Clarke public right -of -way with a 6 -foot high slumpstone Encroachm wall at 5520 River Avenue, was presented with a (65) • report from the Public Works Department dated July 22, 1981. It was noted in the report from Public Works that denial of the encroaching portion of the fence at 5520 River Avenue was recommended, as it was felt there was no justification for an exception to the provisions of Council Policy L -6. It was also pointed out that staff had advised the Applicants that the proper procedure for consideration of the requested 6 -foot high fences in the front yard setback area at 5512 and 5516 River Avenue, was to submit an application to the Modifications Com- mittee. A letter from West Newport Beach Association in support of subject encroachment permit, was pre- sented. David Ballard, 5520 River Avenue, addressed the Council in support of his request. He stated that he felt the encroachment permit should be granted for the reasons as set forth in his letter, copy of which was included in the Council's packets. He stated that he was not attempting to gain any additional property, only to replace a wooden fence, that has been in the location since 1956. He would like to construct a concrete sidewalk and • planter arrangement in front of the wall to give easier access to pedestrians and people parking, who use the public tennis courts and beach. The Director of Public Works pointed out that the construction of a 6 -foot masonry wall in the public right -of -way, as proposed, converts that portion of the public right -of -way to private use, and therefore, contrary to adopted Council policy. Motion x Following discussion, an encroachment of the wall Ayes x x x x to the minimum extent in length and width necessary Noes x x x to enclose the Pine tree; and requiring the con- struction of the sidewalk as a condition of said approval, were approved. 5. APPLICATION OF H. W. RUSSELL to construct 15 -foot Russell wide curb and 20 -foot wide driveway approach at Encroachm 2741 Ocean Boulevard, Corona del Mar, was presented (65)' together with a report from the Public Works Department. The City Clerk advised that, after the printing of the agenda, she had received a letter from Doris Russell, requesting that Council table the applica- tion until further notice. Motion x APPLICATION OF H. W. RUSSELL was taken off calen- All Ayes dar, until further notice. • Volume 35 - Page 214 COUNC E -18 RS MINUTES ��F 519 i ROLL CALLS d+ 1� July 27, 1981 INDEX 6. Report from the Parks, Beaches and Recreation Theatre Commission on PROPOSED THEATRE POLICY, was pre- Policy /I -18 sented. (62) x Staff was authorized to obtain a proposal for an 1tion 1 Ayes architect study, which will provide cost estimates for remodeling the existing Theatre .Arts Building; and Council Policy I -18, was adopted. 7. BUDGET AMENDMENT NO. 004, $900.00, Transfer in Budget Amnd Budget Appropriations for purchase of bronze No. 004 plaque to be installed on Upper Newport Bay Bridge, (25) was presented, together with a report from the Public Works Director. Motion x Budget Amendment No. 004 was approved, as submit - Ayes x x x x x x ted. Noes x 8. Council Member Hummel's proposal to RESCIND JOHN John Wyn WAYNE AIRPORT EXPANSION POLICY OF THE CITY OF Airport NEWPORT BEACH, together with a report from the Expnsn Aviation Committee, was presented. (58) Motion x Council Member Hummel read a prepared statement in support of his proposal; and motion was made to oppose the terminal expansion at John Wayne Airport and to remove any reference to the support of same from adopted Council policy. Joe Jorgensen, 1517 Highland Avenue, and Irma Batham, 20451 Upper Bay Drive, Santa Ana Heights, • addressed the Council in opposition to the terminal expansion. Ayes x The motion was voted on, and FAILED. Noes x x x x x x 9. A letter from the JOHN WAYNE MEMORIAL COMMITTEE John Wyn REQUESTING CITY CONTRIBUTION OF $10,000, dated June Memorial 25, 1981, in addition to a letter from Wally Ziglar (76) Chairman of the John Wayne Memorial Committee dated July 22, 1981, were presented. Motion x Motion was made to approve the request in the amount of $6,000. Ayes x x x Motion FAILED, and no further action was taken. Noes x x x x J. CURRENT BUSINESS: 1. A report from the Public Works Department regarding Superior/ ACCEPTANCE OF INSTALLATION OF A TRAFFIC SIGNAL Hospital Rd AND SAFETY LIGHTING AT THE INTERSECTION OF SUPERIOE Tfc Sgnl AVENUE AND HOSPITAL ROAD (C- 2155), was presented. C -2155 (38) Volume 35 - Page 215 • CITY OF NEWPORT BEACH C UNCIL ME B RS s�o 9 G S s ROLL CALL` �+� 9 July 27 1981 Motion All Aye Motion All Aye Motion &1 Aye; Motion Ayes Abstain MINUTES NDEX Yard ms 36 007 1018 )08 1449 m x The work was accepted; liquidated damages in the s amount of $9,500 was assessed; and the City Clerk was authorized to file a Notice of Completion, and release the bonds 35 days after Notice of Completion has been filed. 2. A report from the Public Works Department regard- Corp ing IMPROVEMENTS TO THE CORPORATION YARD, was Impv presented. C -22 (38) x The updated master plan of improvements to the Corporation Yard, and the preliminary plans for Phase A improvements, was approved; and Resolution R -11 No. 11007 was adopted authorizing the Mayor and City Clerk to execute an Agreement for Engineer - ing'and Architectural Services with Robinson - Thompson Associates, for design of Phase B improvements to the Corporation Yard (C- 2236). 3. A report from the Planning Department regarding It 1 FINAL MAP OF TRACT NO. 11018 - A request of the George J. Heltzer Company, Los Angeles, to approve a final map to create one parcel of land to permit the construction of a residential condominium project on the property; being a portion of Lot 818, First Addition to the Newport Mesa Tract, located on the northwesterly side of Superior Avenue, southwesterly of Placentia Avenue in the'West Newport Triangle; zoned Unclass- ified, was presented. x The Final Map of Tract No. 11018, incorporating s by reference the Conditions of Approval recom- mended by the Planning Commission, was approved; and Resolution No. 11008, approving Agreement R -111 with the George J. Heltzer. Company for construc- tion of improvements in Tract No. 11018, and authorizing the Mayor and City Clerk to execute the Agreements, was adopted. 4. A report from the Planning Department regarding Tr 1. FINAL MAP OF TRACT NO. 11449 - A request of the J. M. Peters Company, Inc., Newport Beach, to approve a final map subdividing 19.763 acres into 53 numbered lots for residential purposes, one lettered lot for private street purposes (Lot D), and three lettered lots for private landscape and open space (Lots A, B and C); property being 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, was presented. x The Final Map of Tract No. 11449, incorporating by X x x x x x reference the Condition of Approval recommended by X the Planning Commission, was approved; Resolution R -11( No. 11009, approving an Agreement with the J. M. Peters Co., Inc. for construction of improvements in Tract No. 11449, and authorizing the Mayor and City Clerk to execute the Agreement, was adopted (Agreement and the accompanying surety will be substituted for those previously approved for Tracts No. 10987, 11047, and 11048); and the City Volume 35 - Page 216 NDEX Yard ms 36 007 1018 )08 1449 m CITY OF NEWPORT BEACH COUNCI L ,s Ms E o R S MINUTES ROLL \rAINP I NDP v Clerk was authorized to release the bonds previous- ly posted by Daon Corporation for improvement construction exclusive of traffic signals for Tracts No. 10987, 11047, and 11048 as set forth in • the staff report. 5. A report from the Planning Department regarding Tr 11450 FINAL MAP OF TRACT NO. 11450 - A request of J. M. Peters Company, Inc., Newport Beach, to approve a final map subdividing 23.330 acres into forty numbered lots for residential purposes, one lettered lot for private street purposes (Lot C) and two lettered lots for private landscape and open space (Lots A and B); property being 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, was presented. Motion x The Final Map of Tract No. 11450, incorporating by Ayes x x x x x x reference the Condition of Approval recommended by Abstain x the Planning Commission, was approved; Resolution R -11010 No. 11010, approving an Agreement with the J. M. Peters Company, Inc. for construction of improve- ments in Tract No. 11450, and authorizing the Mayor and City Clerk to execute the Agreement, was adopted (Agreement and accompanying surety will be substituted for those previously approved for Tracts No. 11043 and 11044); and the City Clerk was authorized to release the bonds pre- viously posted by the Daon Corporation for improve- ment construction exclusive of traffic signals for Tracts No. 11043 and 11044, as set forth in the • staff report. 6. A report from the Planning Department regarding Tr 11451 FINAL MAP OF TRACT NO. 11451 - A request of the J. M. Peters Company, Inc., Newport Beach, to approve a final map to establish one numbered lot for residential condominium purposes and one lettered lot for private street purposes on 10.824 acres of land; property located on a portion of Tentative Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard, in the Aeronutronic Ford Planned Com- munity, was presented. Motion x The Final Map of Tract No. 11451, incorporating by Ayes x x x x x ;K reference the Condition of Approval recommended by Abstain x the Planning Commission, was approved; Resolution R -11011 No. 11011, approving an Agreement with the J. M. Peters Company, Inc. for construction of improve- ments in Tract No. 11451, and authorizing the Mayor and City Clerk to execute the Agreement, was adopted (Agreement and accompanying surety will be substituted for those previously approved for Tracts No. 11045 and 11046); and the City Clerk was authorized to release the bonds previously posted by Daon Corporation for improvement con- struction exclusive of traffic signals for Tracts No. 11045, and 11046 as set forth in the staff report. Volume 35 - Page 217 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES tic yy 9s� AN ROLL CALLS J'o ^A T,ily 27_ 1991 ..... - - 1ievr-n Clerk was authorized to release the bonds previous- ly posted by Daon Corporation for improvement construction exclusive of traffic signals for Tracts No. 10987, 11047, and 11048 as set forth in • the staff report. 5. A report from the Planning Department regarding Tr 11450 FINAL MAP OF TRACT NO. 11450 - A request of J. M. Peters Company, Inc., Newport Beach, to approve a final map subdividing 23.330 acres into forty numbered lots for residential purposes, one lettered lot for private street purposes (Lot C) and two lettered lots for private landscape and open space (Lots A and B); property being 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, was presented. Motion x The Final Map of Tract No. 11450, incorporating by Ayes x x x x x x reference the Condition of Approval recommended by Abstain x the Planning ommission was g , approved; Resolution R -11010 No. 11010, approving an Agreement with the J..M. Peters Company, Inc. for construction of improve- ments in Tract No. 11450, and authorizing the Mayor and City Clerk to execute the Agreement, was adopted (Agreement and accompanying surety will be substituted for those previously approved for Tracts No. 11043 and 11044); and the City Clerk was authorized to release the bonds pre- viously posted by the Daon Corporation for improve- ment construction exclusive of traffic signals for Tracts No. 11043 and 11044, as set forth in the staff report. 6. A report from the Planning Department regarding Tr 11451 FINAL MAP OF TRACT NO. 11451 - A request of the J. M. Peters Company, Inc., Newport Beach, to approve a final map to establish one numbered lot for residential condominium purposes and one lettered lot for private street purposes on 10.824 acres of land; property located on a portion of Tentative Tract No. 10391, generally bounded by Bison Avenue, Jamboree Road, Ford Road and MacArthur Boulevard, in the Aeronutronic Ford Planned Com- munity, was presented. Motion x The Final Map of Tract No. 11451, incorporating by Ayes x x I x x x reference the Condition of Approval recommended by Abstain x the Planning Commission, was approved; Resolution R -11011 No. 11011, approving an Agreement with the J. M. Peters Company, Inc. for construction of improve - ments in Tract No. 11451, and authorizing the Mayor and City Clerk to execute the Agreement, was adopted (Agreement and accompanying surety will be substituted for those previously approved for Tracts No. 11045 and 11046); and the City Clerk was authorized to release the bonds previously posted by Daon Corporation for improvement con - struction exclusive of traffic signals for Tracts No. 11045, and 11046 as set forth in the staff report. Volume 35 - Page 217 CITY OF NEWPORT BEACH C UN MEMB RS MINUTES ti G Rol 1 COI I �n T.n.. ?7 ioui vv .. » - ragc 10 - --- - -- nw�n 7. A report from the Aviation Committee concerning John Wyn COUNCIL POLICY B -1 (JOHN WAYNE AIRPORT POLICY), Airport was presented. Policy (58) Council Member Strauss outlined the proposed changes as set forth in the report. Council Member Hummel made comments with respect to Items 3, 12 and 18, which he indicated should be amended.. Motion x Council Policy B -1 was adopted, as amended and Council All Ayes recommended by the Aviation Committee; and refer- Policy B -1 red Council Member Hummel's suggestions to said (69) Committee for report.back. K. ADDITIONAL BUSINESS: Motion x 1. Public hearings were scheduled for August 10, Tfc Study & All Ayes 1981, for the following: UP 1994/UP 2000 & Resub Traffic Study and Use Permit No. 1994; 690 (88) and Use Permit No. 2000 and Resub No. 690. Motion x 2. Resolution No. 11012, was adopted urging the R -11012 Ayes x x x x x x Cities of Orange County and the County of Orange Fireworks Abstain x to adopt a prohibition on the sale and display of Prohibition fireworks, urging the League of California Cities, (41) Orange County Division to adopt a resolution urging the same, and urging the League of Cali- fornia Cities to promote legislation to prohibit the sale and display of fireworks, but to permit displays by licensed pyrotechnicians. Motion x 3. Resolution No. 11013, was adopted expressing the R -11013 Ayes x x x x x x City's opposition to SB 799 (Mello) and SB 999 Fireworks Abstain x (Campbell) which represent an attempt by the Legislation State to preempt the ability of local authorities (41) to permit, or prohibit fireworks sales. Motion x 4. The preparation and submittal of a letter outlin- Outer Cont All Ayes ing conclusions and recommendations of the report Shelf /Oil regarding Outer Continental Shelf Sale No. 68; Drilling and a member of the City Council to appear before (87) the Department of Interior public hearings in Long Beach on July 30 or 31, 1981, were authorized. Motion x 5. Proposed Santa Ana Heights Annexation was sched- Sta Ana Hgts All ,Ayes uled for the August 10 Council meeting, with Annex outside legal opinion as to its benefits to the (21) City of Newport Beach. Motion x Legal opinion not to exceed 20 hours billable time All Ayes - The meeting was adjourned at 1:05 a.m., July 28, 1981. i /hfayor � =I ATTE T: i City Clerk vv .. » - ragc 10