HomeMy WebLinkAbout08/26/1985 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
C os� o 1 S S 9 REGULAR COUNCIL MEETING
t 9 ,6 9G 99�, V c�F PLACE: Council Chambers
9G� TIME: 7:30 P.M.
ROLL CAL U' p DATE: August 26, 1985 INDEX
Present
x
x
x
x
x
x
A. ROLL CALL.
nt
x
ion
x
B. The reading of the Minutes of the
Ayes
x
x
x
x
x
Regular Meeting of August 12, 1985 was
Abstained
x
waived, approved as written, and ordered
filed.
Motion
x
C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the public hearing
/P 1023(A)
and City Council review of USE PERMIT
Union Oil
NO. 1023 (AMENDED), a request of UNION
(88)
OIL COMPANY OF CALIFORNIA, Orange,
approved by the Planning Commission at
its meeting of July 18, 1985, to amend a
previously- approved use permit that
permitted a full service automobile
service station in the C -1 District.
The proposed development consists of the
conversion of said facility to a
self - service gas station, including the
remodeling of a portion of an existing
building into a cashier's office, a
storage room and restroom facility; the
extension of the existing pump islands;
and the extension of an existing pump
island canopy. The station proposes to
be open for 24 hours, and is currently
open between the hours of 6:00 a.m., and
10:00 p.m. daily. Property located at
3001 Newport Boulevard, on the
northwesterly corner of 30th Street and
Newport Boulevard in Central Newport.
Report from the Planning Department, was
presented.
Mayor Pro Tem Plummer entered the meeting at
this time and took her seat.
Discussion ensued, wherein Council
Member Strauss made reference to when
Mr. Douglas Smith addressed the Council
on July 8 regarding the ARCO station at
3401 Newport Boulevard being open 24
hours and the resultant disturbance to
the neighborhood.
In response to Council inquiry regarding
notification, the Planning Director
advised that the property in question
was posted and all property owners
within 300 feet of the service station
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under consideration were notified of the
public hearing.
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Jim Weber, representing Union Oil
U/P 102J(A)
Company, addressed the Council and
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stated that the reason they were
requesting a self- service gas station
was because of the demand and customer
convenience. With respect to restroom
facilities.on the site, they only
provide one for the attendant which is
adjacent to the cashier's booth. They
do not provide restrooms for the
customers, or the public in general,
because of security reasons. It is also
difficult to supervise restroom
facilities in a self- service gas station
because there is only one person on duty
in the cashier's booth.
Rene A. Mortelette, 516 Clubhouse
Avenue, addressed the Council and spoke
in opposition to the request. He stated
that he lives very close to a
self - service station which has caused
him nothing but "headaches" because of
the noise. He also felt that the City
would be encouraging more tourism if the
station is open 24 hours. With respect
to restroom facilities, he felt the City
should provide additional public
restrooms throughout the City for its
visitors.
•
Mr. Kofford, 105 Via Orvieto, owner of
property adjacent to the Standard
Station on Newport Boulevard, addressed
the Council and stated that the City has
adopted a curfew ordinance to get people
off the Peninsula after 10 p.m., and by
allowing a gas station to remain open 24
hours is contradictory. He also felt it
would set a precedent for other stations
in the area to want a 24 -hour operation.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to modify the decision
of the Planning Commission changing the
hours of operation to 10 p.m. closing,
Sundays through Thursdays, and 12
midnight on Fridays and Saturdays.
Motion
x
Substitute motion was made to sustain
the decision of the Planning Commission.
The Council indicated they wished to
question the applicant further, and
therefore„ the Mayor reopened the public
hearing.
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In response to Council inquiry regarding
U/P 1023(A)
restroom facilities, Mr. Weber stated
that the restroom on site would not be
open to the customers, only the
attendant on duty. He stated that out
of the 130 service stations under his
jurisdiction, 20 are self - service and do
not provide restrooms to its customers,
with the exception of Buena Park, who
required restrooms for the general
public because they consider their City
a tourist area. He stated that as a
result of the requirement to provide
public restrooms, plumbing service was
needed six times in a one -year period.
Council Member Agee offered an amendment
to Council Member Strauss's motion,
changing the closing time to midnight
seven days a week, and adding that the
applicant be required to provide
restrooms to its customers during hours
of operation.
Council Member Strauss, the maker of the
original motion, accepted the foregoing
amendment.
Dennis Carlson, engineer for Union Oil
Company, addressed the Council and
stated that the restroom adjacent to the
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cashier's booth cannot be made
accessible to the public for security
purposes, and if restrooms are going to
be required for customers, then an
additional building will have to be
constructed. He cited some of the
problems connected with providing
restrooms to the public such as mirrors
being stolen, fittings being removed, in
addition to plumbing problems.
John Miller, resident, addressed the
Council, and stated that the public has
become used to self - service stations,
and not receiving the service one gets
in a full - service station, but he does
not feel the public should be excluded
from the convenience of restrooms,
especially for travelers.
Hearing no others wishing to address the
Council, the public hearing was closed.
Mayor Pro Tem Plummer restated her
substitute motion to sustain the
decision of the Planning Commission for
a self- service 24 -hour gas station, but
to require that the applicant provide
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restrooms for its customers.
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MINUTES
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Ayes
x
x
The substitute motion was voted on and
IN
x
x
x
x
x
FAILED.
x
x
x
x
x
The motion on the floor, as amended, was
Noes
x
x
voted on and carried
There being no objections, the staff was
requested to develop some type of policy
with respect to the use of restroom
facilities in service stations.
2. Mayor Maurer opened the public hearing
U/P 3127(A)
and City Council review of an appeal by
(88)
DAVID SCHNEIDER, Newport Beach, from the
decision of the Planning Commission on
July 18, 1985, conditionally approving
USE PERMIT N0. 3127 (AMENDED), a request
of Mr. Schneider to amend a
previously- approved use permit that
allowed the establishment of the
Promises Nightclub facility with dancing
and prerecorded music, and a
modification to the Zoning Code so as to
allow the use of compact and tandem
parking spaces in conjunction with a
valet parking service. The proposal
consists of the addition of live
entertainment (i.e., fashion shows,
aerobic and dance displays, magic shows,
and dance bands); a request to change
the hours of operation on weekends so as
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to open the facility at 8:00 a.m. for
wedding receptions and other private
parties, where the original use permit
required a 6:00 p.m. opening time.
Property located at 3333 West Coast
Highway, on the southerly side of West
Coast Highway, between Newport Boulevard
and Riverside Avenue in Mariner's Mile;
zoned SP -5 and C -2.
Report from the Planning Department, was
presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Diane Abbitt, representing
the applicant, regarding the subject use
permit.
Diane Abbitt, 10920 Wilshire Boulevard,
Los Angeles, representing the applicant,
addressed the Council and stated that
they are not requesting live
entertainment at night on the weekends,
only Sundays through Thursdays, and to
deny the request for live entertainment
would create a definite hardship on the
applicant. She discussed traffic
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problems in the area on Friday and
Saturday evenings, and stated that the
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applicant has met with the owner of the
u/P 3127(A)
Villa Nova restaurant in an attempt to
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solve the problems which may occur on
these two evenings. She stated that
during the week there is not a parking
problem. She also stated that several
of the restaurants along West Coast
Highway have live entertainment. In
conclusion, she added that there was no
opposition from adjoining property
owners at their public hearing before
the Planning Commission.
In response to Council Member Agee, the
Planning Director stated that most of
the live entertainment permits as to
restaurants along West Coast Highway are
generally limited to a single musician,
a vocalist, a piano bar, or a small
group of musicians.
In response to Council inquiry, Jim
Jacobs of the Police Department, stated
that he was not aware of any Police
problems with the Promises restaurant
per se; however, he was aware of the
traffic problems in the general area.
Hearing no others wishing to address the
Council, the public hearing was closed.
�n
x
Motion was made to sustain the decision
of the Planning Commission.
Council Member Agee offered an amendment
to the motion, suggesting the facility
open at 10 a.m., rather than 8 a.m. as
requested, which the maker of the motion
accepted.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
E. PUBLIC COMMENTS:
1. Tim Cleary, 203 -40th Street, addressed
203 -40th St
the Council and read a letter regarding
Property
the residence he has been renting for
the past nine years, which was purchased
recently by the City for the widening of
Balboa Boulevard.
Mr. Cleary stated it was his
understanding from the City staff and
the previous owner and the relocation
assistance consultant that, pursuant to
City policy, the rent would not be
raised as long as he was living there,
•
but has now been informed that his
monthly rent will be increased from
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$225 to $400. He stated he would like
the Council to reverse the rental
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increase.
The Public Works Director advised that
their office did receive a copy of Mr.
Cleary's letter and are in the process
of responding to it as requested by the
Mayor. He stated that the City purchased
the property with public funds at fair
market value and the City is, therefore,
obligated to charge fair rent for the
property. The property in question will
be demolished in approximately one year
for the widening of Balboa Boulevard.
The Public Works Director clarified for
the record that he did not know where
the statement came from regarding the
City having a policy with respect to no
increases in rent.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on September 9, 1985:
(a) Removed from the Consent Calendar.
•
(b) Proposed ORDINANCE NO. 85 -25,
Ord85 -25
being,
Bayview PCD
Zoning
AN ORDINANCE OF THE CITY OF
(94)
NEWPORT BEACH ADOPTING A
PLANNED COMMUNITY DEVELOPMENT
PLAN AND DEVELOPMENT STANDARDS
FOR THE BAYVIEW PLANNED
COMMUNITY LOCATED ON THE
SOUTHWESTERLY CORNER OF
BRISTOL STREET AND JAMBOREE
ROAD, AMENDING PORTIONS OF
DISTRICTING MAPS 42, 44 and 61
SO AS TO RECLASSIFY SAID
PROPERTY FROM ORANGE COUNTY
ZONING DISTRICTS PA /95 PD;
CC /90; CC /35; R -1 -2975
PD(2975); R2 -2, 400 AND B1,
AND THE CITY OF NEWPORT BEACH
UNCLASSIFIED DISTRICT TO THE
PLANNED COMMUNITY DISTRICT
(PLANNING COMMISSION AMENDMENT
PGA 623
NO. 623). (Report from the
Planning Department)
2. RESOLUTIONS FOR ADOPTION:
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(a) Resolution No. 85 -60 authorizing
OCTC /SCAG
the submittal of an application to
Pedestrian/
Bikewy Fac
Volume 39 - Page 310
Res 85 -60
(54/74)
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CITY OF NEWPORT BEACH
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the Orange County Transportation
Commission (OCTC) and the Southern
California Association of Governments
(SCAG) for the construction of
pedestrian and bikeway facilities in
Newport Beach; and also authorizing the
City Manager or his designated
representative to make the application
and act as the City contact person
(1985 -86 Senate Bill 821 Funding
Program). (Report from Public Works)
(b) Removed from the Consent Calendar.
(c)
Resolution No. 85 -62 agreeing to
Bayview
accept an exchange of property tax
Annexation
revenues as set forth in the Master
Res 85 -62
Property Tax Transfer Agreement
(40/21)
between the City of Newport Beach
and the County of Orange in
conjunction with the Bayview
Annexation. (Resolution w /report
from City Attorney)
(d)
Resolution No. 85 -63 supporting the
Legislatio
passage of Senate Bill 1434
Personnel
amending the Fair Labor Standards
Res 85 -63
Act of 1938.
(48/66)
(e)
Resolution No. 85 -64 opposing the
Legislatic
mandatory inclusion of local
Personnel
Government Employees into the
Res 85 -64
Social Security System.
(48/66)
(f) Resolution No. 85 -65 amending
Resolution No. 84 -121, extending
the Cannery Village /McFadden Square
Specific Area Plan Review Citizens
Ad Hoc Committee to December 31,
1985.
Canry Vlg/
McFdn Sq
SAP Rvw
Citzns AdHoc
Res 85 -65
(24)
(g) Resolution No. 85 -66 establishing Personnel/
the Classification and Compensation Class Pln
Plan for the City of Newport Beach, Res 85 -66
and rescinding Resolution Na. (66)
84 -100.
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
to execute an Engineering Services
Agreement with Robert Bein, William
Frost and Associates for the
preparation of plans,
specifications, and estimates for
the Balboa Boulevard Widening
Between 33rd and 44th Streets.
(Report from Public Works)
Volume 39 - Page 311
Balboa B1
Engr SrvAgm
C -2533
(38)
CITY OF NEWPORT BEACH
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(b) Removed from the Consent Calendar.
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(c) Authorize the Mayor and City Clerk
Cliff Dr Prk
to execute a Professional Services
Redvlpmt/
Agreement with Cardoza, DiLallo and
Prfsnl Sry
Harrington, a landscape
Agin
architecture and planning
C -2534
partnership, in the estimated
(38)
amount of $19,400 for Redevelopment
of Cliff Drive Park. (Report from
Parks, Beaches and Recreation
Director)
4. COMMUNICATIONS - For referral as
indicated:
(a) To the Police Department for
PD /Curfew
inclusion in the records, letter
(70)
from Mildred A. Gourlay, La Palma,
regarding her view on teenagers
protesting the recent curfew
ordinance.
(b) To Traffic Engineering /Public Works
Traffic/
for response, letter from David B.
Npt B1 /PCH
McCoy regarding the number of
(85)
traffic accidents involving
pedestrians and bicyclists due to
the unsafe condition at the Newport
Boulevard and Pacific Coast Highway
intersection.
(c) To the Executive Assistant to the
Hazardous
City Manager for inclusion in the
Wst /JtP Agm
records, update from Anaheim
C -2531
Councilman Iry Pickler regarding
(38)
the Hazardous Waste Management
Joint Powers Agreement.
(d) To the Pending Legislation and
Legislation
Procedural Ethics Committee, City
(48)
of E1 Monte communication
requesting support for SB 969,
which authorizes but does not
obligate a City to pay punitive
damages on behalf of public
employees.
(e) To the Pending Legislation and
Legislation
Procedural Ethics Committee, City
(48)
of La Mesa, California
communication requesting support
for resolution proposing the League
of California Cities initiate a
statewide ballot initiative
regarding Joint and Several
Liability ( "deep pockets"
judgments).
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(f) To the Pending Legislation and
Legialdtift
Procedural Ethics Committee, City
(48)
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of Anaheim communication requesting
support for SB 1434 to exempt State
and local governments from the
overtime provisions of the Fair
Labor Standards Act.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Virginia Dey letter to Planning
Commission regarding noise
emanating from California Beach
Japanese restaurant, 3355 Via Lido.
(b) Hallack W. Hoag letter to Orange
County Board of Supervisors
regarding flight pattern over the
Bluffs and not down the Back Bay,
as required.
(c) Bonnie S. Burns letter to the City
Manager regarding traffic
conditions on Balboa Boulevard
after the oil well erupted on
August 3rd and 4th.
(d) E. P. Benson, Vice President, Dover
Shores Community Association
•
communication to Senator Pete
Wilson in support of passage of
HR -6, Section 754 of the Water
Resources, Conservation,
Development and Restoration Act of
1985.
(e) Orange County, League of California
Cities LCC Employee Relations
Committee Report by Garden Grove
Councilman Milt Krieger.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Regarding oil well fire on August
2, 1985 -
Ron Agins alleging damage to boat,
hginB
canvas bridge cover and carpet at
4401 W. Coast Highway.
Charles Beauchamp seeking
Beauchamp
reimbursement for repairs to
vehicle damage at Channel Street
near Balboa Avenue.
Volume 39 - Page 313
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John Callahan for reimbursement as
Callahan
a result of damage to his vehicle's
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right -hand mirror during water line
installation by the Water
Department at Finley and Clubhouse
Avenues.
Alonzo A. Elder alleging boat
Elder
damage near 44th Street and Balboa
Boulevard, seeking reimbursement
for paint repairs.
Mark Gunnell alleging vehicle
Gunnell
damaged at 44th Street and Balboa
Boulevard, seeking reimbursement
for cost of new paint job and loss
of work, etc.
Richard H. Lemmon, Jr., alleging
Lemmon, Jr.
.vehicle damaged at 44th Street,
seeking reimbursement for cost of
repairs (buffing, wax, etc.).
Dean and Sally Phillips alleging
Phillips
real property damage at 204 -44th
Street.
Jerry R. Samsel alleging damage to
Samsel
27' Sportfisher, Lido 14 and Avon
Boats at 4439 W. Coast Highway.
•
State Farm Insurance Company for
State Farm/
Roger Kovack and Louis Cassesso
Kovack &
alleging rental dwelling unit
Cassesso
damage at 210 -44th Street, seeking
cost of repairs.
(b) David Ciabattini alleging damage to
Ciabattini
vehicle as a result of collision
with City vehicle at "A" Street on
July 14, 1985.
(c) Janine Doezie alleging personal
Doezie
injuries as a result of falling off
bicycle when front tire dropped
through metal grate, causing her to
be thrown to the pavement at
Northbound 55, south of 17th
Street, on July 10, 1985.
(d) Richard G. Degen for Eric R. Degen
Degen
for reimbursement, alleging City
beach cleaning truck ran over
claimant's belongings at 38th
Street on August 2, 1985.
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(e) Donald and Luvena Hayton seeking
Haytott
indemnification from claim filed by
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Michael Amador on May 13, 1985 who
suffered injuries as a result of
vehicle colliding with tree located
at Poppy Street, approximately 300
feet south of Seaview.
(f) Toni L. Peterson alleging physical
Peterson
abuse by City Police Officer at
517 - 35th Street on August 12, 1985.
(g) Chris Sausser alleging personal
Sausser
injuries as a result of collision
with backstop while engaged in
men's softball league at Lincoln
Intermediate School, Corona del
Mar, on July 9, 1985.
(h) Steve Sheldon seeking reimbursement
Sheldon
for damage done to borrowed
motorcycle as it fell to the right
when disembarking while stopped by
Police Department on Pacific Coast
Highway on July 5, 1985.
(i) Dan Washington Smith alleging
Smith
physical abuse by City Police
Officer at 517 -35th Street on
August 12, 1985.
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(j) Bruce J. Staniforth alleging damage
Staniforth
to vehicle's lights as a result of
very low curb and raised sidewalk
at entrance to Bobby McGee's
restaurant, 357 E. Pacific Coast
Highway on August 8, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Patrick J. Arthurs, Complaint for
Arthurs
false imprisonment, false arrest,
etc., Orange County Harbor Judicial
District, Case No. 72556. Claim
denied by City Council on February
11, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES -
(66)
Report from the City Manager:
(a) Approve one Secretary, Building
Department.
(b) Approve one Laborer, Field
Maintenance Division.
(c) Approve one Maintenance Man I,
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Field Maintenance Division.
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(d) Approve one Refuse Crewman, General
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Services Department.
(e) Approve one Equipment Mechanic III,
Equipment Maintenance Division.
(f) Approve one Equipment Mechanic II,
Equipment Maintenance Division.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from the Planning Department
U/P 1924
regarding City Council review and
(88)
extension of USE PERMIT NO. 1924,
which allows the temporary use of a
modular building for a savings and
loan facility located at 2340 East
Coast Highway, on the northerly
side of East Coast Highway,
westerly of MacArthur Boulevard.
10. PUBLIC HEARING SCHEDULING - September 9,
1985:
(a) GENERAL PLAN AMENDMENT NO. 85 -2(A)
GPA 85 -2(A)
- A request initiated by the City
(45)
of Newport Beach, to amend the
GENERAL PLAN POLICIES REPORT of the
Newport Beach General Plan,
repealing obsolete policies
•
concerning housing, land use,
future residential growth, and
community design, and the
acceptance of an Environmental
Document. (Report from Planning)
(b) GENERAL PLAN AMENDMENT 85 -2(B) - A
GPA 85 -2(B)
request initiated by the City of
(45)
Newport Beach, to amend the Land
Use and Recreation and Open Space
Elements of the Newport Beach
General Plan so as to change the
land use designation of the Bayview
Parcel from "Recreational and
Environmental Open Space," with an
Alternate of Low - Density
Residential" to "Multi- Family
Residential," "Recreational and
Environmental Open Space," and a
mixture of "Administrative,
Professional and Financial
Commercial" and "Retail and Service
Commercial." (Report from Planning)
(c) USE PERMIT NO. 3156 - Appeal by
U/P 3156
David A. McDonnell, representing
(88)
OCEAN FRONT WHEELWORRS, whose
application was denied by the
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Planning Commission on July 18,
1985.
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11. FINAL MAP OF TRACT NO. 12360 - Approve
Tr 12360
the Final Map of Tract No. 12360,
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incorporating by reference the Finding
and Condition for Approval recommended
by the Planning Commission. (Report
from Planning)
12. CORONA DEL MAR BEACH CONCESSION BID
CdM Beach
PROPOSALS - Approve subject agreement to
Cncsn Bid/
bid for the concession operation at
PB &R
Corona del Mar State and City Beach
(62)
Park; and authorize the City Clerk to
advertise for bid proposals from
prospective operators to be opened at
2:30 p.m. on September 16, 1985.
(Report from Parka, Beaches and
Recreation)
13. Removed from the Consent Calendar.
14. USE PERMIT NO. 3139 - A portion of Lot
U/P 3139
D, Banning Tract and Record of Survey
(88)
27 -47, located at 4509 West Coast
Highway, on the southeasterly corner of
West Balboa Boulevard and West Coast
Highway, in West Newport. Approve an
agreement guaranteeing completion of the
public improvements required with
subject use permit; and authorize the
Mayor and the City Clerk to execute the
agreement. (Report from Public Works)
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15. RIVERSIDE AVENUE RELIEF STORM DRAIN,
Riverside
PHASE I (CONTRACT NO. 2463) - Approve
Av /Rlf Strm
the plans and specifications; and
Drain Phs I
authorize the City Clerk to advertise
C -2463
for bids to be opened at 11:00 a.m., on
(38)
September 12, 1985. (Report from Public
Works)
16. SEASHORE DRIVE RECONSTRUCTION WEST OF
Seashr Dr
ORANGE STREET (CONTRACT NO. 2461) -
Rcnstrtn
Reject all bids and direct staff to
C -2461
revise the specifications; approve the
(38)
plans and revised specifications and
authorize the City Clerk to readvertise
for bids to be opened at 11:00 a.m.,
September 11, 1985. (Report from Public
Works)
17. CLIFF DRIVE STREET IMPROVEMENT ADJACENT
Cliff Dr St
TO CLIFF DRIVE PARK (CONTRACT NO. 2477)
Impvm
- Approve the plans and specifications;
C -2477
and authorize the City Clerk to
(38)
advertise for bids to be opened at 11:00
a.m., September 13, 1985. (Report from
Public Works)
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tw
August 26, 1985 0 s
ROLL INDEX
18. HARBOR PERMIT APPLICATION $221 -2800 -
Harbof Petro
Approve application of Ruth Zimmerman to
ApliU221-
•
construct commercial boat slips bayward
2800
of 2800 Lafayette, subject to the
(51)
conditions of approval listed in the
staff report. (Report from Marine
Department)
19. Removed from the Consent Calendar.
20. SPECIAL EVENTS PERMIT - Approve
Permit /CNB
application of City of Newport Beach
(65)
Parks, Beaches and Recreation
Department, Community Support Group for
Community Picnic and Dedication on
September 2, 1985 from 11:00 a.m. to
4:00 p.m., subject to conditions listed
in the staff report. (Report from
Business License)
21. SPECIAL EVENTS PERMIT - Approve
Permit /NBPD
application of Newport Beach Police
b M.A.D.D.
Employees Association and Mothers
(65)
Against Drunk Drivers (M.A.D.D.) for 3rd
Annual 10K Run and 2 mile Fun Run (same
courses as 1984) on September 28, 1985
from 6:00 a.m. to 11:00 p.m., subject to
conditions listed in the staff report.
(Report from Business License)
22. SPECIAL EVENTS PERMIT - Approve
Permit /Bal
•
application of Balboa Peninsula Point
Pnsla Pt Asi
Association for Chili Cook -Off on
(65)
September 21, 1985, from 4:00 p.m. to
8:00 p.m., subject to conditions listed
in the staff report. (Report from
Business License)
23. BUDGET AMENDMENTS - For approval:
(25)
BA -015, $60,000 - Decrease in
Unit -I /Upr
Unappropriated Surplus and Increase in
Npt Bay
Budget Appropriations for additional
Sdmtn
restoration work of Unit I Upper Newport
C -2441
Bay Sediment Control and Restoration
(38)
Project Contract No. 2441. This is
interest accrued on original $600,000
contribution to the project; General
Fund. (Report from Public Works)
BA -016, $13,245 - Increase in Budget
Appropriations and Revenue Estimates for.
refund of lease payments on word
processors and transfer of
appropriations to purchase new systems;
Police - Administrative Fund.
•
Volume 39 - Page 318
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
August 26, 1985 o
RALL INDEX
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. Proposed resolution in support of
SAna River
flood control for the Santa Ana
Flood Cntrl
River was presented with report from
(74)
Public Works.
Motion
x
Motion was made to adopt Resolution No.
Res 85 -61
All Ayes
85 -61, and direct staff to forward a
copy to the Orange County Flood Control
District and the California Water
Quality Control Board, Santa Ana Region.
2. Report from Public Works recommending
Mouth of
the Mayor and City Clerk be authorized
Big Canyn
to execute the Dedication and Park
Property
Credit Agreement and Grant Deed
(73)
acceptance from The Irvine Company for
Mouth of Big Canyon property, was
presented.
Motion
x
Mayor Pro Tem. Plummer stated she was
All Ayes
most pleased to see this item come to
finalization, and the City obtain
control of the 39.5 acres in the Mouth
of Big Canyon (including slopes), and
therefore, motion was made to authorize
the Mayor and City Clerk to execute the
Dedication and Park Credit Agreement and
Grant Deed acceptance from The Irvine
Company for Mouth of Big Canyon
•
property, subject to conditions spelled
out in the agreement.
3. Report from Parks, Beaches and
WNpt Prk
Recreation regarding the DEVELOPMENT OF
Dvlpm
WEST NEWPORT PARK, and directing staff
(62)
to pursue the development of West
Newport Park to include basketball
courts, tot lot areas, picnic areas,
bicycle parking and NO vehicle parking
lots, was presented.
Motion
x
Council Member Strauss stated that he
does not feel the City should exclude
parking lots when developing new parks,
especially since the City is in need of
additional parking. Therefore, motion
was made to direct the staff to pursue
the development of West Newport Park, as
outlined in the subject report, but that
a parking lot not be excluded in its
design.
Mayor Pro Tem Plummer pointed out that
initially the City appropriated $95,000
for parking lot construction on the P.B.
Right -of -Way, but since that time, the
property owners have had a "change of
heart" and decided they did not want the
•
parking lot. The staff has had several
Volume 39 - Page 319
CITY OF NEWPORT BEACH
COUNCIL MEM13ERS
0 s \\\\\\ O,f an► ► re► August 26, 1985
MINUTES
INDEX
meetings with the West Newport Community
WNpt Pfk
Association regarding desired
Dvlpm
•
improvements to the proposed development
of the parcel, and have now come up with
the plan as enumerated in the staff
report. With respect to providing a
parking lot in conjunction with a new
park, she stated she was in agreement
with Council Member Strauss that some
degree of parking should be included in
the plan.
In response to question raised by Mayor
Pro Tem Plummer, the City Manager stated
that the $95,000 referred to earlier can
be transferred to the park development
project by the City Council, but could
not be transferred internally by City
staff. In addition, he pointed out that
this project will require Coastal
Commission approval, and it is unknown
at this time as to how they will react
to the proposed plan without a parking
lot.
Motion
x
Following further consideration, Council
Member Strauss withdrew his motion and
made a motion to continue this item to a
future study session with additional
information to come from staff.
•
Council Member Cox indicated he felt
this item had been studied in depth, and
that the staff should be given direction
to pursue the development of a plan with
some degree of parking. He did not feel
this item should be continued as
suggested in the foregoing.
Tom Orlando, 15 Balboa Coves, President
of West Newport Beach Community
Association, addressed the Council and
stated that they formed a committee,
who went door -to -door in the community
to get input and, as a result of that
input, "No Parking" was recommended in
the proposed plan.
Todd Schooler, 7400 W. Ocean Front,
addressed the Council and stated that
they felt the proposed park was not
large enough to warrant parking, and if
a parking. lot were constructed, it would
be used by the beachgoers, rather than
the residents,
Sterling Wolfe, 6204 W. Ocean Front,
Member of the West Newport Beach
Community Association, and Member of the
•
Parks, Beaches and Recreation
Commission, addressed the Council and
Volume 39 - Page 320
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL�GROLL G�'r August 26, 1985
MINUTES
INDEX
stated that the area in question was
WNpt Prk
canvassed in total to determine their
Dvlpm
•
desires and needs and that the plan
before the Council was a result of that
effort. He stated that the proposed
park is a neighborhood park for the
residents in the area, and that if a
parking lot were constructed, it would
greatly reduce the size of the park. He
also did not feel the 30 to 40 parking
spaces that would be set aside for a
parking lot would put a "dent" in the
parking needed for that area for
beachgoers.
Richard Babineau, 6511 Seashore Drive,
addressed the Council and thanked Mayor
Pro Tem Plummer for her assistance in
this project. He stated that if a
parking lot is included in the proposed
plan, the residents would not get the
advantage of using it as it would be
used by the early morning beachgoers.
Motion
x
Council Member Strauss withdrew his
previous motion and made a motion to
refer this subject back to the Parks,
Beaches and Recreation Commission, for
development of a plan with some measure
of parking.
•
Council Member Agee offered an amendment
to the foregoing motion, suggesting the
Commission also look at a plan with "no"
parking, which was acceptable to Council
Member Strauss.
All Ayes
The motion, as amended, was voted on and
carried.
4. Proposed ordinance approving a
Ord 85 -24
Development Agreement regarding the
Bayview
Bayview Parcel was presented with a
Annexation
report from the Planning Department.
(68/21)
Motion
x
Council Member Hart stated that she had
All Ayes
some concerns with regard to Irvine
Avenue traffic and would withhold
discretion on the final vote, but would
move to introduce ORDINANCE NO. 85 -24
and schedule for public hearing on
September 9, 1985, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH APPROVING A DEVELOPMENT
AGREEMENT REGARDING THE BAYVIEW
PARCEL.
•
Volume 39 - Page 321
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s�99 G �G \%;\P ti �9 ]y, � 9 v cw
t"
August 26, 1985 o
ROLL f aq s
MINUTES
INDEX
5. Report from Marine Department regarding
Harbor Perm
HARBOR PERMIT APPLICATION #109 -1318
Apli #109 -
•
recommending approval on the application
1318
of John Ortega and Elizabeth McGlohm to
(51)
revise the residential pier and float
bayward of 1318 East Balboa Boulevard,
subject to the conditions of approval
listed in the staff report, was
presented.
Ken Nelson, 503 Edgewater, representing
the applicant, addressed the Council and
requested action on this item be
deferred to September 9, 1985.
Motion
x
Motion was made to grant the subject
All Ayes
request.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 85 -5, being,
Ord 85 -5
Zoning
AN ORDINANCE OF THE CITY OF NEWPORT
PCA 616
BEACH AMENDING A PORTION OF
(94)
DISTRICTING MAP NO. 23 SO AS TO
DESIGNATE A BAYSIDE FRONT YARD
SETBACK ACROSS LOT 1, TRACT NO.
802, LOCATED AT NO. 1 HARBOR
ISLAND, WHICH WILL BE MAINTAINED AS
A REQUIRED FRONT YARD (PLANNING
COMMISSION AMENDMENT NO. 616),
was presented for second reading and
adoption with report from Planning
Department..
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
85 -5.
2. Proposed ORDINANCE NO. 85 -22, being,
Ord 85 -22
CATV /Group
AN ORDINANCE OF THE CITY OF NEWPORT
W Franchise
BEACH AMENDING SECTION 5.44.035 OF
(42)
THE NEWPORT BEACH MUNICIPAL CODE TO
DEREGULATE CATV RATES WITHIN THE
CITY OF NEWPORT BEACH,
was presented for second reading and
adoption with report from Executive
Assistant to the City Manager, dated
August 12, 1985.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
85 -22.
Volume 39 - Page 322
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL \LPO\P\'P s 9 '-V cFc^ ROLL 0 August 26, 198 5
MINUTES
INDEX
3. Proposed ORDINANCE NO. 85 -23, being,
Ord 89 -23
Revenue Bnda
®
AN ORDINANCE OF THE CITY OF NEWPORT
fr Hsptls &
BEACH AMENDING CHAPTER 3.26 OF THE
Rcrtnl Fac
NEWPORT BEACH MUNICIPAL CODE TO
(40)
PERMIT THE ISSUANCE OF REVENUE
BONDS FOR HOSPITALS AND
RECREATIONAL FACILITIES,
was presented for second reading and
adoption with report from the City
Attorney dated August 12, 1985.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
85 -23.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. A resolution authorizing execution of
O/C -John
the Stipulations for termination of the
Wayne Arprt
litigation related to John Wayne
(54)
Airport, was presented.
Oral report from the City Attorney was
presented outlining the contents of the
Settlement Agreement, and pointing out
®
the following:
SUMMARY OF AIRPORT AGREEMENT
Form of Agreement
Stipulated judgment in Federal
Court :signed by County, City AWG,
SPON, FAA, and various airlines.
Term
Phase I - From February 26, 1985 to
approximately March 31, 1990.
Phase II - From approximately April
1, 1990 to December 31, 2005.
Passenger Limits (MAP Cap)
Phase I - 4.75 Million Annual
Passengers.
Phase II - 8.4 Million Annual
Passengers.
Volume 39 - Page 323
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� g \5\p y `G�9J, cFt^
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ROLL
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0
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Aug ust 26, 1985
INDEX
O/C-John
Wayne Arprt
Terminal Size Limitations
No more than 271,000 square feet of
public or rentable interior space
of which no more than 37,000 square
feet to be devoted to departure
lounges. Total not to exceed
337,900 square feet.
8,400 auto parking spaces on four
levels (does not include North
Clear Zone Parking Area).
Flight Limits
Maximum Average Daily Departures
(ADD):
"B" - (over 100 dB, e.g.
B737- 200) /Phase I & II - 0;
"A" - (less than 100 dB, e.g.
MD -80) /Phase I & 11 - 39;
"AA" - (less than 89.5 dB, e.g.
B737- 300) /Phase I - 16, Phase II -
34;
Exempt - (less than 86 dB, e.g.
BAE -146) /Phase I & II, Up to MAP
Cap.
Additional Airport Search
County rescinds official opposition
to a new airport.
County to promote FAA funding of
legitimate groups seeking to
develop an additional airport.
Miscellaneous
Curfew to remain.
General Aviation (Business Jet)
Noise Ordinance to be enforced.
City will (at its own expense)
actively join the County in
defending any litigation
challenging the project.
Volume 39 - Page 324
INDEX
O/C-John
Wayne Arprt
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
S� o s ti 9
ROLL August 26, 1985
MINUTES
INDEX
Ralph Clock, 116 Via Havre, resident and
0 /C -J01th
President of the Industrial League of
Wayne Arptt
®
Orange County, addressed the Council and
stated that he felt the Settlement
Agreement was a positive step forward
for the City, and views it as a
"win -win" situation. He stated that
this solution was an accessible
alternative to what the Council
considered earlier in the year. He
stated that as President of the
Industrial League, he recently sent a
letter to Supervisor Riley reiterating
to the Board of Supervisors that they
support any effort to locate an
additional airport site in Orange
County, in an attempt to meet the needs
of the 21st Century. In conclusion, he
commended the City staff and Council for
the tremendous amount of work and hours
that was put forth on this issue.
Council Member Strauss stated that he
was unable to join in approval of the
airport agreement, and read into the
record the following prepared statement:
"The approval of the airport
agreement is not fair to Newport
Beach residents and in the long run
may well be seriously damaging to
our City.
"A look back will give us
perspective. In June, 1981, 650
residents filled Harbor High
auditorium to protest the County's
first master plan. That plan
proposed fifty -five daily flights
and a 240,000 square foot terminal
at JWA. It made no commitment to
an additional Orange County
Airport.
"'NO WAY' said the residents and
all seven council persons. We went
to court and won a judgment
preventing such an expansion.
"And what are we agreeing to today?
73 flights by 1990 of noisy
airplanes, plus an unlimited number
of quieter commercial airliners, up
to 8.4 million airline passengers
annually. A terminal of 337,900
square feet versus the 240,000 we
rejected in 19821 And there still
Volume 39 - Page 325
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s o 4 ti q
ROLL
is
Motion
O
MINUTES
August 26, 1985
INDEX
D/C -john
Wayne Arprt
is no commitment to an additional
Orange County Airport.
"A passenger terminal of 337,900
square feet is the major
objectionable feature of this
agreement. Such a terminal is more
than ten times the size of the
present terminal. The present
terminal is admittedly too small
and inadequate, but it is now
already handling 55 flights a day.
Do we really need a terminal more
than ten times that size?
"Which leads us to the real and
basic question: Once having
invested in this massive, expensive
terminal, will an additional
airport really be built here in the
County?
"In the absence of a second
airport, the huge feature passenger
demand for flights -- estimated to be
several hundred flights per
day --will necessarily use JWA.
Don't forget there are no limits on
flights over Newport Beach after 20
years.
"There is one additional major
objection to the proposed
agreement. It opens the City to an
unknown financial liability. The
City is agreeing to take the side
of, and to defend the County
against any pending or future
litigation arising from this
project. Such defense will be at
the City of Newport Beach's own
expense.
"The decision to sign this
agreement may be the most important
one that a Newport Beach City
Council has made in the past twenty
years. I am strongly opposed to
it, and for the reasons stated
above, I must vote No."
x
Council Member Cox remarked, in part,
that the subject document was put
together not only by City staff, legal
counsel, and County staff, but by input
from many, many citizen groups and
homeowners associations, who, at
onetime, were opposed to the proposal.
He felt that the work put into the
project is testimony to the success of
Volume 39 - Page 326
INDEX
D/C -john
Wayne Arprt
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL
August 26, 1985
MINUTES
INDEX
the document and its importance. It's
0 /C -Jdhb
also apparent that the document is
Wayne Arprt
®
"good" in many ways, due to the lack of
C -2535
opposition expressed this evening. He
(38)
stated it was not a perfect document;
however, on balance, it was an excellent
document, and therefore, he moved to
adopt Resolution No. 85 -67 authorizing
Res 85 -67
its execution.
Mayor Pro Tem Plummer commented, in
part, that she felt there were no losers
in this issue, only winners. She stated
it was very important that Orange County
provide increased air transportation to
serve the growth of the community. She
also stated she would like to pay
tribute to Council Member Heather, who
got the Council "galvanized" to oppose
the expansion of John Wayne Airport
several years ago.
Council Member Heather thanked Mayor Pro
Tem Plummer for the kind words. She
also told how she got involved in the
airport issue some 27 years ago when the
County wanted to change the runway from
the planes going over Costa Mesa to
flying over Newport Beach. She stated
there have been many heartaches and
frustrations along the way to get where
®
the City is today, and she, for one, is
really pleased with the compromises both
the City and County have made in this
regard. In conclusion, she expressed
appreciation to the Council for
supporting her in this long effort.
Council Member Agee stated he was also
pleased with the agreement which, he
reminded the Council, is a compromise
document. He stated he felt the City
was going to gain more from the
agreement than continuing in the path of
litigation, and that the public will
agree once all the facts are known.
Council Member Hart remarked, in part,
that had this document not come to
finalization, she felt the airport issue
could have eventually destroyed the
City. She agreed that the document was
not perfect, but she felt it does give
the City some "real" guarantees. She
commended the many citizens groups who
labored over the document and thanked
them for their support. She also
expressed appreciation to the staff for
eall
their time and efforts.
Volume 39 - Page 327
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
cof �p9 �G�i 2�9G�g99�5q� 9�
August 26, 1985
MINUTES
IIURCY
Council Member Heather pointed out that
O/C -John
the Federal Aviation Administration is a
Wayne Arprt
party to the subject agreement which she
felt was a key factor.
Ayes
x
x
x
x
x
x
The motion to approve the agreement was
Noes
x
voted on and carried.
Council Member Strauss stated he wished
to make one last comment on this item.
He would hope the Council is correct,
and that there will be a second airport
within a reasonable time.
Mayor Maurer made the following
statement for the record:
"For 20 years the residents of the
City of Newport Beach have been
living with the constant fear of
the unbridled growth of John Wayne
Airport and the noise, air
pollution, traffic congestion, and
other problems related to
unconstrained airport development.
For 20 years, the Newport Beach
City Council has been battling
Orange County's plans to expand John
Wayne Airport without taking into
account the legitimate concerns and
interests of our residents. For 20
®
years, the City of Newport Beach has
told the County that it is unfair to
expect our residents to shoulder all of
the burden for satisfying the demand fo
commercial air service in Orange County.
"Today I am pleased to announce
that the Newport Beach City Council
has voted to bring to an end these
two decades of disputes and the
substantial litigation since 1981,
in both federal and state courts,
with the County of Orange over the
County's operation and proposed
expansion of John Wayne Airport.
We have authorized our Special
Airport Counsel to sign on the
City's behalf the settlement
agreement that has been negotiated
between the City, the County, and
two homeowners groups, Stop
Polluting Our Newport, and the
Airport Working Group of Orange
County, Inc.
0
Volume 39 - Page 328
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
l0
-i-
G`d' ��9 F9 y�9 August 26, 1985
RAI I rel wmc v
"The homeowners have already
0 /C -Johti
approved the settlement agreement,
Wayne At'prt
®
and we expect the Board of
Supervisors to approve it tomorrow
morning. A joint press conference
is scheduled for John Wayne Airport
at 2:00 p.m. tomorrow.
"This settlement is truly historic_.
First through litigation and now
through negotiation, the City of
Newport Beach has been able to
secure an agreement that for 20
years will control the growth and
development of John Wayne Airport
and will assure that the best
interests of Newport Beach and
other airport impacted residents
are protected. In particular, the
agreement benefits the City and its
residents by limiting the number of
the noisiest commercial flights,
the total number of passengers
served by commercial and commuter
air carriers, and the maximum size
of certain facilities improvements
at JWA. The additional mitigation
of the JWA project contained in the
settlement provides substantial
benefit to the citizens who are
impacted by operations at JWA,
reduces the adverse environmental
impacts of the expansion project as
initially proposed by the County,
and eliminates the threat of
unbridled expansion of JWA during
the 20 -year term of the settlement
agreement.
"Under the settlement agreement:
*The total number of average
commercial daily departures
(ADD's) by Class A and AA
aircraft will be limited to 55
ADD's in Phase I (up to 1990)
and 73 ADD's in Phase II
(through 2005);
*The number of the noisiest
Class A commercial jets will
be limited to 39 ADD's for the
full 20 years of the agreement.
and will not go to 55 ADD's as
approved by the County in the
Master Plan;
Volume 39 - Page 329
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
co
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MINUTES
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"An incentive is created for
0 /C- Jol}ii
airlines to use the quietest
Wayne %rt
jet aircraft - -ones that have
noise levels below 86 dB SENEL
at any noise monitoring
station - -by exempting such
aircraft from the limits on
daily departures;
*The total annual number of
passengers using John Wayne
.Airport would be limited to
4.75 million in Phase I and
8.4 million in Phase II (JWA
will service about 4.1 million
passengers this year, and the
County proposed the Phase II
limit to be 10.24 million
annual passengers);
°The present curfew will be
maintained;
*Efforts will be made to
reduce and control general
aviation aircraft noise;
"The proposed size of the
terminal will be decreased;
®
"The amount of proposed
on -site parking will be
reduced from 10,000 spaces on
five levels to 8,400 spaces on
four levels; and
"The path will be cleared for
a meaningful search for an
additional commercial airport
site.
"In exchange for the County's
agreement to maintain a cap on the
level of operations at JWA and
further mitigate the adverse
environmental impacts, the City has
agreed not to interfere with the
funding, implementation or
operation of the County's expansion
project. We have committed to
joining the County in defending the
settlement in any future litigation
to protect the long -term
enforceability and inviolability of
the limits contained in the
agreement concerning regulated
average daily commercial
departures, the maximum number of
Volume 39 - Page 330
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL RALL 0 7i 99 ' 9G� 'V
August 26, 1985
o
MINUTES
f fInD137
passengers that may be served at
0/C -John
®
the airport, facilities
Wayne Arprt
improvements, and regulation of
general aviation aircraft noise.
"This settlement agreement is a
major step forward in creating a
favorable environment for the study
and development of an additional
commercial airport site. The
agreement requires terminating the
existing airport litigation,
rescinding prior County resolutions
opposing the study or development
of potential alternative sites, and
ensuring that the expansion of John
Wayne Airport will not impair the
County's financial ability to
develop an additional site. The
agreement thus eliminates major
stumbling blocks to locating and
developing an additional commercial
airport site. In the City's view,
a new airport is needed in the near
future to relieve the pressure to
expand John Wayne Airport after the
year 2005 and to help meet the
unmet demand for commercial air
service that everyone acknowledges
even an expanded John Wayne Airport
®
cannot satisfy.
"The settlement is not yet final.
We must still obtain the signature
of the Federal Aviation
Administration. The attorneys for
the City, County and Homeowners
groups have been working with the
FAA, and we are hopeful that the
FAA will promptly approve the
agreement. Once we have the FAA's
approval, we must then submit the
agreement to Federal Judge Terry J.
Hatter, Jr., in Los Angeles. Once
the federal court approves, the
City, County, FAA, and the
homeowners groups will dismiss all
other pending state and federal
lawsuits relating to the airport."
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to approve a Special
Permit/
Events Permit for sound amplification in
OCS /Offshr
conjunction with the off -shore oil
Oil Drlg
drilling public meeting (Outer
pblc metg
Continental Shelf), with Federal /State
(65)
government for August 31, 1985, from 8
®
a.m. to 12 Noon.
Volume 39 - Page 331
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL J q si S S 9
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As
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August 26, 1985
INDEX
Community
Yth Ctr
Upr Npt
Bay Sedmtn
Unit I
2. Council Member Agee announced that on
September 2 from 11 a.m. to 4 p.m.,
there will be a City- sponsored community
picnic and dedication at the Community
Youth Center, and invited all those
interested to attend.
3. John Miller, resident, addressed the
Council regarding Budget Amendment -015
on the agenda, increase in Budget
Appropriations for additional
restoration work of Unit I -Upper Newport
Bay Sediment Control.
Meeting adjourned at 10:15 p.m.
Mayor
ATTEST:
City Clerk ~•
P®
,
P0 R4%t'' =...
Volume 39 - Page 332
INDEX
Community
Yth Ctr
Upr Npt
Bay Sedmtn
Unit I