HomeMy WebLinkAbout05/23/1983 - Regular MeetingCOUNCIL MEMBERS
�c �+® qy y A �A REGULAR COUNCIL :MEETING
V `G ; PLACE: Council Chambers
t� TIME: 7:30 P.M.
F'0 $1 1: tP� DATE: May 23, 1983
ROLL C ®L�
MINUTES
B AH1F Y
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
#n
x
B. The reading of the Minutes of the Meeting of
A Ayes
May 9, 1983, was waived, approved as written,
and ordered filed.
Motion
x
C. The reading in full of all ordinances and
All Ayes
resolutions under consideration was waived,
and the City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Hart opened the public hearing
HUD /CDBG
regarding the "PROPOSED STATEMENT OF
(87)
COMMUNITY DEVELOPMENT OBJECTIVES AND
PROJECTED USE OF FUNDS" PORTION OF THE 1983
COMMUNITY DEVELOPMENT BLOCK GRANT SUBMISSION
FOR ENTITLEMENT FUNDS AND A SUBMISSION FOR
APPROPRIATION ACT FUNDS AND A HOUSING
ASSISTANCE PLAN, being a resolution approving
a 1983 Submission for Community Development
Block Grant Entitlement Funds, and a
resolution approving a 1983 Appropriations
Act Funds Submission, and the submittal of a
Housing Assistance Plana
Report from the Planning Department, was
presented.
Alice Remer, 210 Goldenrod, Member of the
Long -Range Planning Committee for Friends of
the Oasis, addressed the Council and stated
that the Board of Directors of the Oasis
voted at their last meeting to support
low- income rental housing for senior citizens
on the 5th Avenue parcel easterly of the
Oasis, suggesting Community Block Grant Funds
be used for the purchase of said land.
Bernard Piazza, 612'k Poinsettia Avenue,
addressed the Council, and stated that the
5th Avenue parcel was 11 blocks from his
home. He felt the property was better suited
for a park, or developed as a community
garden for the entire City.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Cox pointed out to the
speakers that the issue under consideration
at this time is a request for community
development block grant funds only, and
selection of a site would come at a later
date.
Volume 37- Page 163
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
0
A
I %pk
�0 y 7g G
Rt91 I rsi i � j1 �'�1 Sll May 23, 1983
MINUTES
Motion
x
Motion was made to adopt Resolution No. 83 -50 Re;
All Ayes
approving a 1.983 CDBG Entitlement Fund
Submission; and adopt Resolution No. 83 -51 Re:
approving a 1.983 Appropriation Act Funds
Submission, and approve the submittal of a
Housing Assistance Plan.
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. P3 -52 summarily vacating Vac
and abandoning a portion of the Street Sri
known as Oceanfront, adjacent to Lot 3, Ref
Block C„ Seashore Colony Tract Dwg. R/W 9(
- 5245 -6; and authorizing the Mayor and
the City Clerk to accept a Grant Deed
for the northeasterly 15 feet of Lot 3,,
Block C, Seashore Colony Tract from
Jerry L. and Yvonne D. Cobb, prior to
the recordation of the summary vacation.
(Report from Public Works)
.
3. CONTRACTS /AGREEMENTS:
(a) Approve an addition to the Sewer Main Sw
Replacement Program Contract No. 2360 r<
with the Clarke Contracting Corporation -:
to include the replacement of sewer (31
main, house connection laterals and
cleanouts in 33rd and 34th Streets,
between Marcus and Lake Avenues (Refer
to Agenda Item F -17 /BA -086). (Report
from Public Works)
(b) Award Contract No. 2364 (Alternative A) t
to Forster Construction of Orange for r�
$106,800.00 (Water Main Replacement -
Program, 1982 -83); and authorize the (31
Mayor and City Clerk to execute the
contract. (Report from Public Works)
4. COMMUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
.
Volume 37 Page
- 164
INDEX
; 83 -50
; 83 -51
.ations/
eet
83 -52
1)
Mn Rplcm
;gram
!360
S)
t Mn Rplcm
;gram /Alt
!364
S)
(b) To the Marine Department for response,
4arine Dpt
letter from James C. Person, Jr.,
(51)
regarding Rhine Wharf Park - "The Plight
•
of Newport's Commercial Fishermen."
(c) To Executive Assistant to the City
/C -John Wyn
Manager for inclusion in the records,
irport
Orange County Board of Supervisors
(54)
Resolution No. 83 -547 - John Wayne
Airport Alternative Improvement Plans &
Associated Land Use Planning
Alternatives.
(d) To staff for inclusion in the records,
/C- Mortg/
letter of thanks from The Irvine Company
Rvnu Bud Prg
Community Development Vice President
-2386
Richard G. Sim, for the City's
(38)
participation in the County's Mortgage
Revenue Bond Program, specifically for
the Baywood Apartment project.
(e) To the Chief of Police for inclusion in
D /Cmpints
the records, letter from Robert J.
70)
Craig, with suggestions regarding
identifying and controlling the drug and
alcohol abuse problem in the Newport
Pier area.
(f) To Public Works for response with copy
PW /Upper Bay
to Council, letter from Dover Shores
(74/51)
Community Association President Edward
Benson, regarding the City's
•
status /efforts related to the
deterioration problems of the Newport
Back and Upper Bay.
(g) To Traffic. Affairs Committee for
rrfk Afrs
consideration, letter from George R.
(85)
Hill regarding suggestions to resolve
the alleged dangerous situation
developing on Back Bay Road.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Minutes of the Local Agency Formation
Commission, Orange County, for April 27,
and Preliminary Agenda for May 25, 1983.
(b) Letter from Newport Crest Homeowners
Association, expressing appreciation for
the manner in which General Plan 81 -2
was handled.
(c) Orange County Division, League of
California Cities letter concerning John
Wayne Airport.
Volume 37 - Page 165
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
Ci0 �i�
Fes!-
9 g�tn \tpMay 23, 1983 re, d 9 INDEX
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral to
•
T
the claims adjuster:
(a) Martha Boughen (Payne) alleging Boughen
negligence of City in failing to provide
adequate street lighting, traffic
controls, crosswalks, or adequate
warnings to pedestrians /drivers
resulting in the death of her husband,
Woodrow William Payne, on SR -1, east of
Old Newport Boulevard on January 28,
1983.
(b) Luke Woodrow Payne Boughen alleging Boughen
negligence of City in failing to provide
adequate street lighting, traffic
controls, crosswalks, or adequate
warnings to pedestrians /drivers
resulting in the death of his father,
Woodrow William Payne, on SR -1, east of
Old Newport Boulevard on January 28,
1983.
(c) Hoag Memorial Hospital and Dallas Long, Hoag Hosp/
M.D., for alleged indemnification / Long
contribution regarding Michael Murray
Thomas (Claim filed 5/31/83 and Summons
and Complaint #39- 40 -61).
(d) Alfred Litman Perla for reimbursement of Perla
towing /business loss, and emotional
•
distress, alleging Newport Beach Police
filed false stolen car report submitted
by Joan P. Perla, and as a result,
claimant was stopped by Placentia Police
Officers, who impounded his vehicle on
February 8, 1983.
7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Alice Owens for personal injuries, Owens
Orange County Superior Court, Case No.
402871. Claim was denied by City
Council on April 24, 1983.
(b) Aden Ruben Delgado for personal Delgado
injuries, Orange County Superior Court,
Case No. 400897. .Claim was denied by
City Council on October 12, 1982.
•
Volume 37 - Page 166
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tw, 1
COUNCIL MEMBERS
\rhi o �NrP' � f �9,9 Ett11 I $�'16G �� May 23, 1983
MINUTES
INDEX
ry
Imp
8. REQUEST TO FILL PERSONNEL VACANCIES - (Report
(66)
from the City Manager)
'
(a) Two Police Sergeants, Police Department.
(b) One Police Officer, Police Department.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - June 13, 1983:
(a) TENTATIVE MAP OF TRACT NO. 11935, a
T /Map Tr
request of the Douglas Allred
11935
Development Company, San Diego, to
subdivide a 3.67 acre parcel of land
into two lots for residential
condominium purposes and one lot for
private: recreational purposes on
property located in the R -3 -B District,
and the acceptance of an Environmental
Document. Property located at 2700
Pacific: View Drive, on the easterly
corner of San Miguel Drive and Pacific
View Drive, across Pacific View Drive
from the Harbor View Center; zoned
R -3 -B. (Report from Planning
Department)
(b) 1983 -84 ANNUAL BUDGET, pursuant to
'83 -84
Section 1102 of the Newport Beach City
Budget
Charter.
(c) PROPOSED EXPENDITURES FROM THE FEDERAL
'83 -84
REVENUE SHARING FUNDS FOR FY 1983 -84.
Fed Rvnu
Shrg Fnds
11. 1982 -83 SLURRY SEAL PROGRAM (CONTRACT NO.
'82 -83 S1
2354) - Approve the plans and specifications;
S1 Prgm
and authorize the City Clerk to advertise for
C -2354
_
bids to be opened at 11:00 a.m., on June 16,
(38)
1983. (Report from Public Works)
12. CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND
Clbhs SD
CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN
& Chnl P3
EXTENSION (CONTRACT NO. 2352) - Affirm the
C -2352
Negative Declarations of Environmental
(38)
Impact; approve the plans and specifications;
and authorize the City Clerk to advertise for
bids to be opened at 11:00 a.m., on June 15,
1983. (Report from Public Works)
13. Removed from the Consent Calendar.
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Volume 37 - Page 167
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COUNCIL MEMBERS
�c `® -9 %
� G
tH
89LL GALL
0
•
Motion
All Aye
•
MINUTES
May 23, 1983
INDEX
Lboa Bay
i Ls
1473
3)
v /Legal
ty Clerk
3 -84
D)
y1
MA
7)
C -John Wyn
prt /Cncl
.cy B -1
X4/69)
14. REVIEW OF BALBOA BAY CLUB LEASE - Refer Ba
request from Balboa Bay Club to the City C1
Attorney for preparation of resolution C-
creating an ad hoc committee. (Attached) (3
15. Removed from the Consent Calendar.
16. LEGAL PUBLICATIONS FOR 1983 -84 - Instruction Ad
to the City Clerk to publish a Notice Ci
Inviting Bides to be received at or before the '8
hour of 4:00 p.m., on June 15, 1983, for a (2
contract covering the publishing and printing
of all legal notices, or other material
required to be published in a newspaper of
general circulation published and circulated
in the City of Newport Beach, for the fiscal
year ending .June 30, 1984.
17. BUDGET AMEND14ENTS - For approval: (2
BA -086, $37, 500.00 - Transfer from various
Capital Improvement Funds to Budget
Appropriations for replacement of sewer main,
house connection laterals and cleanouts in
33rd and 34th Streets between Marcus and Lake
Avenues; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from Dr. and Mrs. A. Dorn, against FI
local governments participating in the $4.2 0
billion Federal Emergency Management Agency
(FEMA) funds to produce a civil defense plan
to react to nuclear war, was presented.
x
Motion was made to refer the subject letter
s
to staff for reply, stating the City's
position at this time.
2. Report from the Executive Assistant to the 0,
City Manager regarding AMENDMENT TO CITY Ai
COUNCIL POLICY B -1, JOHN WAYNE AIRPORT, with P:
Supplemental Report; and Memorandum from C
Council Member Donald Strauss, were
presented.
The City Clerk advised that after the
printing of the agenda, two letters were
received regarding the proposed amendment to
Council Policy B -1 from the Newport Harbor .
Area Chamber of Commerce, and the Central
Newport Beach Community Association. In
addition, a telephone message had been
received from Mr. and Mrs. Gerald McClellan,
1427 Serenade:, Irvine Terrace, opposing the
proposed 55 average daily departures.
Volume 37 - Page 168
INDEX
Lboa Bay
i Ls
1473
3)
v /Legal
ty Clerk
3 -84
D)
y1
MA
7)
C -John Wyn
prt /Cncl
.cy B -1
X4/69)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL rA11 �GiP� May 23, 1983 INDEX
1
Kenneth J. Delino, Executive Assistant, 0/C -John
displayed and explained a "layout" plan of Arprt /Cnc
John Wayne Airport, depicting current auto Pley B -1
'
access routes to the airport, parking spaces
(3,000), terminal space, and aircraft gates
(6). He discussed the physical capabilities
of expanding; the airport, indicating the
airport could handle as many as 120 average
daily departures from 7 a.m., to 10 p.m. He
also discussed noise control standards, and
answered questions of the Council.
Pierce O'Donnel, the City's legal counsel for
John Wayne Airport, discussed the purpose of
the California Environmental Quality Act
lawsuit filed by the City of Newport Beach
against John Wayne Airport in March, 1981,
which the City won in January 1982, but is
now under appeal.
Mr. O'Donnel stated that the court case
should be heard in late 1983 with a decision
by Spring, 1984. Following that, the losing
party (hopefully the County of Orange), can
then make a discretionary appeal to the
California Supreme Court. The new EIR now
being prepared by the County could take 6 to
12 months for the entire processing. He
stated it was very difficult to tell how much
time one can buy through litigation. He
advised that five major airlines now serve
the airport, and that just today, American
Airlines was permitted access, making a total
of six. He stated that there is "very bad"
state and federal legislation pending
regarding airports, which he commented on
briefly. He discussed the options available
to the Council, and the possibility of a
permanent legally binding agreement with the
County. He stated that such an agreement was
fully enforceable by the courts, and could be
tested prior to taking effect.
Question was raised by Mayor Pro Tem Maurer
as to whether a binding agreement could
control future Boards of Supervisors, to
which the City Attorney replied in the
affirmative, stating there are similar
agreements in effect now.
Mayor Hart read into the record the
recommended amendment to Council Policy B -1,
which had been approved by the Aviation
Committee by a vote of 6 to 2:
•
Volume 37 - Page 169
1
L
COUNCIL MEMBERS
C+G ��
F� 9C f
ROLL CDI 1 May 23, 1983
MINUTES
INDEX
:ncl
"With an acceptable legally binding
O/C-Jot
guarantee, the City will agree to an
Arprt /(
increase in commercial jet airline
P1cy B-
operations to a total number not to
exceed .55 average daily departures. The
City also recognizes that such legally
binding guarantees will require review
and participation by parties currently
involved with the City in airport
litigation. Any such legally binding
agreement shall contain to the greatest
degree possible all other elements of
the above policy."
The following persons addressed the Council
in support of the recommended amendment to
Council Policy B -1:
Dorothy Hardeastle, 507 "J" Street
Michael Murray, 1848 Port Taggart Place
Ralph Clock, 116 Via Havre
Richard Luehrs, Executive Director,
Newport Harbor Area Chamber of
Commerce
Vince Jorgensen, Member, Aviation
Committee
Gordon Young, 310 Encina Avenue
Malcolm Ross, 2711 Bayshore Drive
George Watson, 112 Garnet Avenue
(supported amendment, with suggested
change)
.
The following persons addressed the Council
in opposition to the recommended amendment to .
Council Policy B -1:
Clarence Turner, 1507 Antigua Way,
representing Airport Working Group
Sid Soffer, 900 Arbor, Costa Mesa
Irma Batham, 20451 Upper Bay Drive,
Santa Ana Heights
Tom Williams, 1708 Starlight Circle,
Director of Airport Coalition and
member of Airport Working Group
Thomas Edwards, 1533 Anita Lane,
President of Mariners Community
Association
Patricia Voss, 1219 Santiago Drive
Patricia Hollander, Vice - President, SPON
Barbara Litchman, 1320 Mariners Drive,
Coordinator, Airport Working Group
Richard Nichols, President, Corona del
Mar Community Association (submitted
letter)
•
Volume 37 - Page 170
:ncl
COUNCIL MEMBERS
OLL CALL
•
•
MINUTES
May 23, 1983
INDEX
Katherine Jorgensen, 1517 Highland
o/c-John
Avenue
Wyn Arprt/
Gerald Odegaard, 1632 Pegasus Drive,
Cncl Plcy
Santa Ana Heights
B -1
Henry Durkee, 2118 Winward Lane
Joe Jorgensen, 1517 Highland
George Brokate, 2705 Bayshore Drive
Angela Ficker White, 1132 W. Bay Avenue
The recommended amendment to Council Policy
B -1 was stated again for the benefit of those
in the audience and clarification.
In response to Council inquiry regarding the
invalidation of a binding agreement, the City
Attorney advised that, a federal court, or
Congress could pass such legislation which
could invalidate a binding agreement.
However, he and Mr. O'Donnel feel the City
would be in a much better position to fight
such legislation if it was a party to a
binding agreement. They are also confident
that a decision of a federal judge to preempt
local control of airport development would,
in fact, remove any constraint to the
development of that airport which had been
relied upon by the City up to this point in
time. He stated the agreement would contain
a provision that would empower the City to
obtain an injunction against any activity
that was proposed by the County, which would
have an impact: on noise.
Mr. O'Donnel commented that the joint powers
agreement, which Burbank /Glendale /Pasadena
Airports have developed is a good model of a
binding agreement. He reiterated that he
felt a binding; agreement was enforceable, as
well as workable. He stated that the threat
of the federal government to take -over the
whole issue of airports has been in existence
for decades. He stated that he and the City
Attorney feel that provision guarantees can
be included in the binding agreement to make
it difficult for the federal government to
impair the obligation of contract, i.e.,
joint powers agreement.
In response to question raised as to whether
the binding agreement should include a
provision regarding an alternate airport
site, thus making it more defensible, the
City Attorney advised that, in his opinion as
well as Mr. O'Donnel's, it would not make it
more binding, nor more legally defensible.
Volume 37 - Page 171
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\rA1f o�9 `G���4
ROLL g�����%P May 23, 1983 INDEX
t/
The City Attorney also pointed out that the
O/C-John
proposed policy change before the Council
Wyn Arpr
would not amend paragraph one of the City's
Cncl Plc
•
airport policy, which urges the selection of
B -1
an alternate airport site.
Motion
x
Following a statement by Mayor Pro Tem Maurer
expressing his reasons for supporting the 55
Average Daily Departures at this time, motion
was made by Council Member Plummer to approve
the recommended amendment to Council Policy
B -1, as set :forth by the Aviation Committee.
The City Manager read into the record the
following statement of Council Member
Strauss, who was unable to be in attendance:
"The City Council is considering an
amendment to City Airport Policy B -1.
"I am opposed to the proposed amendment
because it does not require the County
to locate and develop another airport to
supplement John Wayne Airport.
"Unless another airport is established,
a legally binding agreement at 55 (or
less) flights will, I believe, prove to
be of no value to the City.
"Every study of airport demand shows a
future need for far more than 55
flights. (If the City didn't think so
.
it wouldn't be seeking a legally binding
agreement at 55!) The gut question,
then,'is WHERE WILL THE EXCESS FLIGHTS
GO?
"Clearly we need a legally binding
flight limit including an agreement to
locate and develop a supplementary
airport. Nothing less can protect our
citizens from being overwhelmed by an
ever - growing and ever - busier John Wayne
Airport."
All Ayes
Following comments by various Council
Members, the motion was voted on and carried.
Thomas Edwards addressed the Council again,
and suggested the Board of Supervisors be
required to respond within a "time certain"
regarding the 55 average daily departures.
•
Volume 37 - Page 172
t/
COUNCIL MEMBERS
\CAL\L� I1�
OLL
Motion
All Ay
0
Motion
All Ay
Motion
All Ay
on
A Ay
Motion
All Ay
MINUTES
May 23, 1983
M51:V1
Aye if significant progress has not been made by Arprt /Cncl
June 27, 1983„ by the Board of Supervisors Plcy B -1
with respect to the 55 Average Daily
Departures, the City Council will reconsider
its policy change.
2. Proposed ORDINANCE being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE PROVISIONS OF
CHAPTER 19.50 PERTAINING TO PARK
DEDICATION,
and report from the City Attorney, were
presented.
x Motion was made to introduce Ordinance No. Ord 83 -22
Aye 83 -22, with public hearing to be scheduled Subdivisions
for June 13, 1983, and to refer said Park Dedctn
ordinance to the Parks, Beaches and (62/84)
Recreation Commission for recommendation, at
that time.
3. SOUTH COAST REPERTORY GRANT REQUEST IN THE So.Cst Rptry
AMOUNT OF $10,000.00 TO SUPPORT THEIR Rqst
ACTIVITIES, with a recommendation for denial (76)
from the Arts Commission, and report from the
City Manager, were presented.
x Motion was made to defer the subject request
es to June 27, 1983.
x 4. Motion was made to reconsider Agenda Item Permits/
es F -15, FUND RAISING EVENT REQUEST ON BALBOA Balboa Pier
PIER FROM REHABILITATION INSTITUTE OF ORANGE (65)
COUNTY.
It was noted that the accompanying staff
report from the Police and Marine Departments
had recommended denial of the request.
Mary Blake, representing the Rehabilitation
Institute of Orange County, addressed the
Council, and spoke in support of their
request.
During discussion it was pointed out, as set
forth in the staff report, that the request
to close a public pier during its peak season
would not be in the best interest of the
City, and would. generate other similar
requests from charitable organizations, In
addition, permission is also being requested
for serving alcoholic beverages and reserving
150 parking spaces in the Balboa Municipal
Parking Lot.
x Following consideration, motion was made to
es uphold the staff's recommedation and deny the
foregoing request.
Volume 37 - Page 173
x F
Following discussion, motion was made that, O
O/C-John Wyn
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
;P.
ROLL CAL �.Q yF�t�,�GS� May 23, 1983 INDEX
5,
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS:
1. HARBOR PERMIT APPLICATION NO. 105 -1509 BY
Harbor Pe
DICK BOOTH AND CHARLES COTTON, request from
Apl#105 -1
Applicant's agent to continue to June 27,
(51)
1983, was presented.
Motion
x
Motion was made to continue the subject item
All Ayes
to June 27, 1983, as requested.
J. CURRENT BUSINESS:
1. Report from Public Works regarding
Oasis Prk
RECONSIDERATION OF OASIS PARK GRADING
Grading
(CONTRACT NO. 2316), was presented.
C -2316
(38)
The City Clerk reported that after the
printing of the agenda, a letter had been
received from the Corona del Mar Community
Association relative to the proposed project.
Richard A. Nichols, President, Corona del Mar
Community Association, addressed the Council
and read his letter of May 20, 1983, in full.
He requested that the Council pass the
project with the modifications contained in
his letter, or send the project back to
planning so community ultimate wishes can be
incorporated at minimum cost.
Richard Succa, 715 Marguerite Avenue,
.
addressed the Council, advising that he has
met with staff and members of the Council
regarding the 5th Avenue park site. He
stated he was in agreement to fill in the
creek; however, he did feel that alternatives
would be gained by having the park graded as
recommended by the Corona del Mar Community
Association. He indicated he felt the most
effective use of the property would be as an
"active" park. He also added that he was
opposed to any widening of 5th Avenue.
The Director of Public Works pointed out that
the only work to be done on.15th Avenue that
would be associated with the grading of the
Jasmine gully parcel, would be the grading
for the widening of 5th Avenue between
Jasmine and Larkspur to 32 feet for two —way
travel.
Nancy Otis, resident, addressed the Council
and stated she was concerned that possibly
5th Avenue would be extended and opposed
this, as her home was located on the corner
of Larkspur and 5th Avenue.
Volume 37 - Page 174
5,
*.'
COUNCIL MEMBERS MINUTES
�c Co �'�
60 May 23, 1983
t�ni i c ®i 9 INDEX
Ms. Otis was assured by the staff that there
Oasis Prk
were no plans at this time to extend 5th
Grading
Avenue and make it continuous. It was
pointed out that if it were extended,
substantial grading would be required across
the gully, as well as a retaining wall, both
of which would. be a great undertaking.
Motion
x
Following consideration, motion was made to
All Ayes
accept, approve and certify the Final EIR as
indicated in Attachment A;
AND
Make the findings contained in the Statement
of Facts (Attachment A, Exhibit 1) with
respect to significant impacts identified in
the Final EIR;
AND
Find that the facts set forth in the
Statement of Overriding Considerations
(Attachment A, Exhibit 2) are true and are
supported by substantial evidence in the
record, including the Final EIR;
AND
With respect to the project, find that
although the Final EIR identifies certain
unavoidable significant environmental effect
that will result if the project is approved,
those mitigation measures.identified in the
Certified Final EIR shall be incorporated
into the proposed project, and all
significant environmental effects that can
feasibly be mitigated or avoided have been
eliminated or reduced to an acceptable level,
and that the remaining unavoidable
significant effects, when balanced against
the facts set forth in said Statement of
Overriding Considerations (Attachment A,
Exhibit 2), giving greater weight to the
unavoidable environmental effects, are
acceptable;
AND
Approve grading concept Alternative 3B for
final design of the project.
Volume 37 — Page 175
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
�c�c of�� Of ROLL C®LL May 23, 1983
INI)FY
2. Report from the City Manager regarding MOUTH
Mouth Big
OF BIG CANYON, was presented.
Canyon
(62)
It was noted that during the past six months
the Council Ad Hoc Committee has met on a
number of occasions to review cost,
desirability of acquiring, and other aspects
of the Mouth of Big Canyon. On May 11, 1983,
the Committee met with representatives of The
Irvine Company to review their proposed
recommendations. The three alternatives
studied were as set forth in the subject
report.
The City Manager advised that the Parks,
Beaches and Recreation Commission had
requested this item be referred back to them
for review of the three alternatives.
Motion
x
Motion was made to refer the subject report
to the Parks, Beaches and Recreation
Commission for report and recommendation.
Ayes
x
x
x
x
Council Member Plummer suggested the Public
Noes
x
x.
Works Department be requested to analyze the
slopes and report back, and that this be
included in the motion. The maker of the
motion accepted the above suggestion, and the
motion was voted on and carried.
3. Report from the City Manager regarding
'83 -84
NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION
M- O -U /PD
M-O -U FOR 1983 -84, was presented.
(66)
Motion
x
Motion was made to refer the subject item
All Ayes
back to staff for additional meet and confer
sessions, as requested by Captain Jim
Gardiner of the Police Department.
4. Letter from the LEAGUE OF UNITED LATIN
PD /Cmpints
AMERICAN CITIZENS REQUESTING TO BE PLACED ON
(70)
COUNCIL AGENDA, was presented.
The Council indicated they had no objections
to hearing the request.
Lorenzo Quintana, President, League of United
Latin American Citizens, addressed the
Council regarding the issue of Police Chief
Gross's recent submission of a report to the
Planning Commission, wherein derogatory
statements with respect to a particular
ethnic group may, or may not have been made.
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37 - Page 176
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COUNCIL MEMBERS
c
ROLL
0
0
0
MINUTES
May 23, 1983
INDEX
PD /Cmpints
Mr. Quintana stated that Mayor Hart offered
an apology on behalf of the Police Chief;
however, he would prefer the apology come
from Chief Gross in order for it to be
meaningful.
Mr. Quintana stated that the "LULAC is only
asking for cooperation and understanding, and
together we can make a better world."
Mayor Hart presented Mr. Quintana with a copy
of the transcript of the Planning Commission
minutes, and a copy of a press release,
signed by Richard H. Jacques, Executive
Director, Concilio of Orange County, and
herself.
No further action was taken by the Council.
K. ADDITIONAL BUSINESS: None.
The meeting adjourned at 11:18 p.m.
Mayor
ATTES
City Clerk
Volume 37 - Page 177
INDEX
PD /Cmpints