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HomeMy WebLinkAbout01/26/1981 - Regular MeetingP sent x x x x x x x I on x All Ayes Motion x All Ayes Motion x All Ayes Motion x All Ayes Motion All Ayes E Motion Ix CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 26, 1981 After the Presentation of the Flag, the pledge of alleg ance was led by Girl Scout Troop 1154 of Corona del Mar. A. ROLL CALL. B. The Minutes of the Adjourned Meeting of January 19, 1981, Volume 35, Page 16, under paragraph "Page 10,' third line, was corrected to read: "way shall not be required to be opened to public use....." The reading of the Minutes of the Adjourned Meeting of January 19, 1981, was waived, and the Minutes were approved as corrected, and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding Oxbow Annx/ OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS), 1188 and made a motion to continue said public hearing to C -2229 February 9, 1981. 1 (38) 4. Mayor Heather opened the public hearing on the Var/ APPEAL OF CHARLES E. AND JOAN B. PRICHARD, CORONA (91) DEL MAR, FROM THE DECISION OF THE PLANNING COMMIS- SION IN DENYING VARIANCE NO. 1081, and made a motion to continue said public hearing to February 9, 1981, as requested by the appellant. 2. Mayor Heather opened the continued public hearing LCP /Land Use on the proposed LOCAL COASTAL PROGRAM LAND USE PLAN 1(68) AND DEVELOPMENT POLICIES initiated by the City of Newport Beach for the Coastal Zone. A report from the Planning Department was presented. The City Clerk advised that two communications had been received after the printing of the agenda from the following: Nancy Kimble, 407 Snug Harbor Road, and A petition from the De Anza Bayside Village residents requesting mobile home park designa- tion only in the LCP. Councilman Maurer made a motion to amend Page 49 of the LCP, De Anza Trailer Park, to read: "The De Anza Mobile Home Park area is shown for 'Recrea- tional and Marine Commercial' on the waterfront portion of the site and for a mixture of 'Recrea- tional and Marine Commercial' and 'Multi - Family Residential' on the mobile home park portion of the site. It is the intent of the City to preserve the trailer park use as a means of providing a variety of housing opportunities within the City." The following residents from the De Anza Bayside Village addressed the Council in support of Counci man Maurer's motion, and urged that their property be rezoned for mobile home park use only, as soon possible: Volume 35 Page 20 • All Ayes Motion • Ayes x x x x x Noes x Motion x • MINUTES January 26, 1981 Al Christian Ruth Rahn Julianna T. Schmict It was pointed out that the City does not have a mobile home park zone in its Zoning Code, and at . present, the only zone where mobile home parks are a permitted use,is in the multiple family zone. After adoption of the LCP, implementing ordinances amending the Zoning Code, such as the establishment of,a mobile home park zone, will be brought before the Council. The motion as made by Councilman Maurer in the fore - going,was voted upon and carried. Councilman Strauss referred to Page 16 of the January 19 staff report, and Page 46 of the LCP, relative to Marinapark Mobile Homes, suggesting the language set forth in said staff report be reworded,as he felt it was inappropriate, and that it should reflect that it is the City's intent that Marinapark shall continue as a mobile home park. Mr. Bob Spurgeon, President of Marinapark Mobile Homes, addressed the Council in support of Councilman Strauss' suggestion. Following discussion, Councilman Strauss made a motion to add the following language to the Marinapark description on Page 46 of the LCP: 1°It is the intent of the City to preserve the mobile home park use as a means of providing a variety of housing opportunities within the City, and the intent that Marinapark.shall continue as a mobile home park." Ms. Susie Picker, 110 Ninth Street, past president of the Central Newport Beach Community Association, stated that it was their desire some years ago to see the Marinapark area instituted as a prime recrea- tional area. She stated that many of the residents* in the park are not permanent residents and therefore are not registered.voters. Mr. Bob Spurgeon spoke in rebuttal, advising that it was his impression from talking with the Central Newport Beach Community Association that the majority of the residents were not in support of improving the area for recreational purposes because of the traffic problems it would create,as well as the added burden to the taxpayer. He added that 25% of the residents in Marinapark are permanent residents. There are 58 spaces. The motion of Councilman Strauss was voted upon,and carried. Mayor Pro Tem Hart made a motion to delete the follow- ing language in the first sentence of Page 47 under the Marinapark description. "dedicate the fair market . rental to acquisition of other property, and establish a signing program informing the public of available uses." Volume 35 Page 21 (68) Use Motion Ayes Noes Motion All Ayes lation All Ayes • x x Ix CITY OF NEWPORT BEACH. MINUTES January 26, 1981 INDEX During discussion,the City Attorney was requested to Cx' /Land "- report back regarding the provisions of Section 30350, (68) et. seq. of the Public Resources Code relative to State funding Councilman Strauss asked Mayor Pro Tem Hart if she would amend her motion to revise the first sentence on Page 47 to read: "The City shall maintain public access to the site bayward of the Marinapark mobile homes and improve where practical." In addition, that not more than 25% of the fair market value shall be devoted to acquisition of public property, Mayor Pro Tem Hart replied in the negative. Following comments,Councilman Strauss made a substitute motion to change the first sentence on Page 47 to read: "The City shall maintain public access to the site bay - ward of the Marinapark mobile homes and improve where practical," Mayor Heather made a motion to change the language of Item 4, Page 10, Public Property Leaseholds, to read: "When tidelands leases are renogotiated, they shall be at full market value and the monies shall be segregated in a separate fund and shall be used for maintenance and visitor- generated services and for acquisition of coastal properties to provide uses consistent with the Coastal Act, such as small boat launching facilities, acquisition of environmentally - sensitive habitat areas, and other uses which may be consistent with the tide- lands trust provisions.11 Mayor Pro Tem Hart made a motion to amend Item 4, Page 21, by adding the words "County of orange" after "City of Irvine." Page. 17 - No Change Page 18 As requested by the Mayor, and there being no object- ions, the words "County of Orange" were also added to the last line after "City of Irvine." Page 49 (Mouth of Big Canyon) Dave Dmohowski of The Irvine Company stated that on Page 49 the existing language reads: "The Mouth of of Big Canyon is shown on the LCP Land Use Plan as 'Recreational and Environmental Open Space.` This area is to be preserved in its natural state to enhance the Upper Newport Bay Ecological Reserve." However, there is no mention as to how this can be implemented in the future in terms of public.purchase or dedication by the landowner. With respect to the backbay gravity sewer line, Mr. Dmohowskistated that there have been discussions between the Coastal Commission, City staff, The Irvine Company, and others, and they believe at this point, the Coastal Commission may be prepared to allow the construction of the sewer line in the Mouth of Big Canyon, provided there could be some enhancement of wildlife habitat in the mouth of the canyon. Volume 35 Page 22 CITY OF NEWPORT BEACH MINUTES January. 26, 1981 Volume 35 Page 23 %IL-. Duohowski stated that in view of the foregoing, LCP /Y auz Use they would like to explore with the City conditions (68) under which The Irvine Company could dedicate the Mouth of Big Canyon to the City or to an appro- priate public agency. Mr. Charles Jenks of The Irvine Company, Planning P Department, outlined the site in question and answered inquires of the Council. Mr. Dmohowski proposed that the following additional wording be included in the LCP, Pages 19 and 49, and wherever else deemed appropriate by the staff: "During the implementation phase of the LCP, the City and the landowner shall develop a mechanism for obtaining dedication of the Mouth of Big Canyon including consideration of the following: "a. The granting of development.rights to the landowner on a 3+ acre portion of the Mouth of Big Canyon for residential use with the density not to exceed 15 dwellings per acre. Such development rights may be applied to a site other than the mouth of Big Canyon. "b. The granting of park credits to the land- owner for lands dedicated, on an acre for acre basis." With respect to the size of acreage of Big Canyon' as noted on Page 19, the staff was requested to check the current figure of 58 for accuracy. Aon x Following discussion, Mayor Heather made a motion to All Ayes refer the subject proposal of The Irvine Company to the staff for report and recommendation at the February 9 Council meeting. Pages 20 and 21 - No Changes Motion I Mayor Pro Tem Hart made a motion to add at the top All Ayes of Page 22 the staff's recommendation as noted in Item 20 of the January 19 staff report pertaining to the policies which are currently applied to Lower and Upper Newport Bay Ecological Reserve. With respect to the term "wetlands" as stated on Page 23, Item 4, it was suggested the staff look into changing the language to "sensitive marine habitat" and report back to the Council. Councilman Hummel discussed with the staff the existing grading regulations which apply to all building sites as set forth on Page 24.' Sherman Stacey, Attorney representing the Brit - vichs and Rennekamps, property owners of lots adjacent to Inspiration Point, addressed the Council objecting to the inclusion of language which would appear to, as a matter of course, make lots which are otherwise buildable, not to be buildable under the • ordinances of the City. Mr. Stacey suggested a provision be adopted indicating that insofar as these policies are applied to parcels that are in separate and individual ownership in Volume 35 Page 23 • L� Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes • x MINUTES January 26, 1981 INDEX already subdivided subdivisions, these policies LCP /Land Use shall not be applied in a manner as to prevent the (68) use of the purposes of those properties for which they are shown in the plan. Pertaining to State funding of bluff properties, Mr. Stacey indicated that the Coastal Commission does not have the power or authority under the Coastal Act to appropriate or make funds available to the City. Requests for funding must be applied for on a grant basis to the State Coastal Conservatory. Mr. Richard Plastino, representing Irvine Terrace Community Association, discussed the proposed grading policy on Page 24 and stated he felt it would put a burden on the homeowner and not be that beneficial. Speaking as a resident with respect to the City acquiring vacant bluff property, he stated he felt it would be a misuse of public funds. Following discussion,the staff was requested to report back on a proposed policy which would be consistent with the City's bluff ordinance, and in addition, which sites would be included /excluded from the proposed policy. As requested by Councilman Hummel, and there being no objections, the staff was also requested to supply the Council with a copy of the Coastal Act's definition of "bluffs1° and the guidelines for which bluff alterations may be accomplished under the Act. Page 25 - No Changes Mayor Pro Tem Hart made a motion to delete Item 1 (a) from Coastal Views on Page 26. Dave Dmohowski of The Irvine Company suggested that the mapping of the view corridors,and the sensitive . habitat areas,occur during the LCP zoning and imple- mentation phase so that when the Coastal Commission reviews this ..portion they will not have an .appealable project and they will not be subject to future Coastal Commission review. Following discussion,Councilman Cox made a motion to delete the word "protect41 in statement E on Page 26 and add "maximize the protection of..." Following further discussion,Mayor Pro Tem Hart made a motion to rescind the foregoing motion and then withdrew said motion. Mayor Heather made a motion to direct the staff to reword the language for the paragraph on Coastal Views and report back at the next meeting. Mayor Heather made a motion to continue the public hearing on the LCP to 7:30 p.m., Monday, February 2, 1981. Volume 35 Page 24 MINUTES January 26, 1981 Volume 35 Page 25 Cnyn PIC 554 (94) Tr 10814 UP /1964 D. HEARINGS continued: 3. Mayor Heather opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 554, a request • of The Irvine Company to amend the Planned Com- munity Development Plan for Big Canyon by deleting the reference to the two -and three -story height limit of thirty -five feet to thirty -two feet in all residential areas except for Area 10 where the existing thirty -five foot height limit will be maintained; reducing the permitted number of dwelling units in Area 10; and the acceptance of an Environmental Document, AND TENTATIVE TRACT MAP NO. 10814, a request of The Irvine Company to create the three parcels of land to allow the construction of a thirty -two unit residential condominium project in the Big Canyon Planned Community. Property designated as Area 10; being portions of Blocks 55, 56 and 93 of Irvine's Subdivision, located northeasterly of San Joaquin Hills Road, between Big Canyon Drive East and Big Canyon Drive West; zoned P -C, AND A TRAFFIC STUDY for the proposed thirty -two unit residential condominium project in the Big Canyon Planned Community, • AND USE PERMIT NO. 1964, a request of The Irvine Company to permit the construction of a thirty- two unit residential condominium project and related garage spaces in the Big Canyon Planned Community on portions of Blocks 55, 56 and 93 of Irvine's Subdivision, generally bounded by Ford Road, MacArthur Boulevard, San Joaquin Hills Road, and Jamboree Road. A Report was presented from the Planning Department. Mr. Peter Dennison of The Irvine Company, gave an overview of the proposed project. He also displayed site plans and a topographic model of the development. Mr. Dennison 'stated that they were opposed.to Condition of Approval No. 56 required by the Planning Commission relative to a hold harmless clause, and requested it be deleted. Mr. Ron Kennedy, member Environmental Quality Citi- zens Advisory Committee, 550 Hazel Drive, stated that he had viewed the site, and noticed that the bank had a great deal of "weeping," and therefore, he felt the City should not assume the responsibil- ity for what could occur in the future to the slope Mayor Heather closed the public hearing. Volume 35 Page 25 Cnyn PIC 554 (94) Tr 10814 UP /1964 10 Motion All Ayes • • Motion 0 x x x CITY OF NEWPORT BEACH MINUTES January 26, 1981 Mayor Pro Tem Hart made a motion to sustain the. recommendations of the Planning Commission, and . (a) Approve the Findings with respect to the Final EIR as set forth in the Project Findings and accept, approve and certify the Final EIR; (b) Approve the Findings with respect to Amendment No. 554 for the Big Canyon P -C District as set forth in the Project Findings and adopt Resolu- tion No. 9961 amending the PCD Plan for Big Canyon to delete reference to the two -story and three -story limits for residential construction, to change the height limit of thirty -five feet to thirty -two feet in all residential areas except Area No. 10, to reduce the permitted number of dwelling units in Area 10 and accept the Environmental Document; (c) Approve the Findings with respect to the Tenta- tive Map of Tract No. 10814 as set forth in the Project Findings, and approve the Tentative Map of Tract No. 10814 subject to the conditions recommended by the Planning Commission; (d) Accept and approve the Statement of Facts and Statement of Overriding Considerations as set forth in the staff report, which justify approval of the project pursuant to Sections 15088 and 15089 of the State EIR Guidelines. 5. Mayor Heather opened the public hearing regarding intention to VACATE ALLEY LYING IN THE 1700 BLOCK OF WEST BALBOA BOULEVARD, on the southerly side of Balboa Boulevard lying between Lots 17 and 18, Block 17, Section B, Newport Beach Tract (Balboa). A Report was presented from the Public Works Department. Mr. Mark Siler, 108 -18th Street, adjoining property owner, addressed the Council in opposi- tion to the proposed vacation. He also inquired as to the status of the property in question once it is subdivided. Following discussion with the Director of Public Works, it was indicated that Mr. Siler would be contacted by the Public Works Department to discuss his concerns further. Mr. Kirk Lamb, applicant, addressed the Council in support of his request. He advised that he had also received signed statements from property owners in the area in favor of the alley vacation. Mayor Heather closed the public hearing. Councilman Hummel made a motion to reopen the public hearing and continue it to February 9, 1981, to allow him to review the proposal . further in view of the testimony given, which, motion FAILED. Volume 35 Page 26 Alley /Vac (90) motion Ayes Noes • E Motion All Ayes • x x MINUTES January 26, 1981 Mayor Heather made a motion to adopt Resolution No. 9962, ordering vacation and abandonment of alley lying in the 1700 block of West Balboa Boulevard, and direct the City Clerk to record . said resolution. E. ORDINANCES FOR ADOPTIONS None F., CONTINUED BUSINESS: 1. A Report from the City Manager was presented regarding the PROPOSED INCREASE IN THE TRANSIENT OCCUPANCY TAX. Letters opposing the proposed increase were pre- sented from the following people: Vaughn L. Brinkman, Lido. Shores Hotel and Marina; William R. Hamilton, Western Canners Company; Margaret Ford, On -Line Temporary Personnel Services; Jeff Marks, Fine Photography and Paul Franklin, Newport Harbor. Costa Mesa Board of Realtors. A position paper from the Newport Harbor Area Chamber of Commerce, requesting the City not increase the Transient Occupancy Tax (Bed Tax), was also presented. The following people addressed the Council in op- position to the proposed increase: Helene Joy, 2025 W. Balboa Boulevard; Victor Rombella, Newport Channel Inn; and Jon Q. Loeb, General Manager, Marriott Hotel and Andrew G. Schwebel, President Newport Beach Convention and Visitors Bureau (who' also submitted letters). Councilman Cox indicated he felt the proposed increase was justified, and expressed his reasons for strongly supporting it. Debbie Gray, resident, addressed the Council and asked if a study had been done on the amount of transient occupancy tax received from the Summer rentals on Balboa Island, Lido Isle, and Balboa Peninsula. The City Manager replied in the affirmative, but noted that the figures had not been audited due to the expense involved. Following discussion Councilman Strauss made a motion to adopt the following resolutions: Resolution No. 9963 calling and giving notice of the holding of a Special Municipal Election to be held in the City of Newport Beach on Tuesday, November 3, for submission to the qualified electors of said City, a measure relating to an increase in the Transient Occupancy Tax (Bed Tax) (8 %- effective January 1, 1982), and to increase in like amount the appropriations limit; and Volume 35 Page 27 Fin /Transient Ocpncy Tax (40) R -9963 • *on Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES January 26, 1981 Resolution No. 9964 requesting the Board of R -9964 Supervisors of the County of Orange to consolidate a Special Municipal Election of the City of Newport Beach with a Statewide election, pursuant to Section 23302 of the California Elections Code; and Resolution No. 9965 authorizing and requesting the R -9965 Board of Supervisors of Orange County to canvass the returns of the Special Municipal Election to be held an November 3, 1981 consolidated with State- wide election. Mr. Ron Kennedy, 550 Hazel, addressed the Council in support of increasing the Transient Occupancy Tax. At the request of Councilman Hummel, and there being no objections, the staff was directed to report back at a future study session with a recommendation as to how the City could better audit the collection of the Transient Occupancy Tax from those areas other than the hotel -type in the City. . 2. APPOINTMENTS TO CITIZENS ADVISORY COMMITTEES FOR CAC A ONE -YEAR TERM EXPIRING DECEMBER 31, 1981. (24) The following appointments /reappointments were confirmed: Bicycle Trails Citizens Advisory Committee (District 4) Mayor Heather's reappointment of George Hanlon. Remaining appointments deferred to February 9, 1981. Environmental Quality Citizens Advisory Committee Remaining appointments deferred to February 9, 1981. Litter Control Citizens Advisory Committee (District 4) Mayor Heather's appointment of Elaine Linhoff. (District 6) Councilman Hummel °s appointment of Pat Hollander and Lynne Bloomberg, Technical Oil Advisory Committee (Council appointees - 4 year terms) Mayor Heather made a motion to reappoint the following with provision they draw lots for staggered terms in compliance with Resolution No. 5069: 1. Hans Lorenz 2. George P. Zebal 3. George L. Guthrie Volume 35 Page 28 on Ayes Motion All Ayes • Motion All Ayes 40 x ix CITY OF NEWPORT BEACH MINUTES January 26, 1981 3. A report from the City Attorney concerning the AGREEMENT between the City of Newport Beach and WALTER E. GILLFILLAN was presented. Councilman Cox made a motion to adopt Resolution No. 9966 authorizing the Mayor and City Clerk to execute an Agreement between the City of Newport Beach and Walter E. Gillfillan. Councilman Strauss moved to amend the motion to add the words ".specifically described" after the word "upon11 in Section 3 of said Agreement, which was agreeable with the maker of the motion. G., CURRENT BUSINESS: 1. A report from the Planning Department regarding a request of ROBERT M. THOMAS, Newport Beach, con- cerning a PROPOSED AMENDMENT TO THE NEWPORT BEACH GENERAL PLAN on property located on the south side of Bolas Avenue between Broad Street and Clay, 3262 Broad Street, Plymouth Congregational Church; zoned R -2, was presented. Mayor Heather made a motion to return the request to the originator without further action. 2. A report from the City Manager regarding a REVIEW. OF POTENTIAL IMPACTS UPON NEWPORT BEACH OF AIRPORT EXPANSION and the consideration of providing a public notice regarding those impacts, was pre- sented. Councilman Hummel distributed a report consisting of a series of ads he had prepared for publication regarding the John Wayne Airport expansion and its impact on the residents. Joseph V. Jorgensen, Member of the Airport Aviation Committee, 1517 Highland Drive, addressed the Council and stated that he would. like to work with the City Attorney and Councilman Hummel on Mr. Hummel °s proposal. He also commented on the decline in retail sales in areas which are near an airport facility. Following discussion,Councilman Strauss made a motion to refer the subject proposal to Council- men Cox and Hummel and the City Attorney, to analyze for insertion in the newspaper,-and that Councilman Hummel be requested to'present sub- stantiation to back up his statements for conside ation at the February 2, 1981 adjourned meeting.. 3. A report was presented from the City Manager on the ANNUAL REVIEW OF THE COUNCIL POLICY MANUAL. Mayor Heather requested that Council give consider- ation to amending the policy which requires that, appointees to ad -hoc committees must be residents of the City. She described two incidents in which the current policy created a problem; the Volume 35 Page 29 Gillfillan Aamt /C -2246 R -9966 Gen Plu Amnd (45) Airport /OC (58) (69) Plcy u Motion Ayes Noes x x x Motion All Ayes Motion x All Ayes • Motion x All Ayes Motion All Ayes • x x x x x x CITY OF NEWPORT BEACH MINUTES 26, 1981 appointment of Jim Felton to the 75th Anniversary Committee, and a replacement on the Friends of the Bay.Committee. During course of discussion, Councilman Strauss stated that he intended to pull H -2(g) from the Consent Calendar in order to discuss the same con- cern, as well as another issue. He felt the exist- ing policy should be adhered to, but suggested that nonresidents, such as Jim Felton, serve in the capa- city of consultants to give the City the advantage of their particular expertise. Following discussion, Councilman Maurer made a motion to amend Council Policy A -9 by adding lan- guage to the effect that the City Council shall "endeavor" to appoint residents of the City of Newport Beach,, which motion FAILED. Councilman Strauss made a motion to continue this item to February 9, 1981. 4. A report from the Utilities Director regarding Ope tion and Maintenance of City Tideland Oil Wells in West Newport, was presented. Councilman Cox made a motion to direct staff to pre- pare a proposal for the operation of the subject oil wells by a private contractor, and report back to the City Council within 60 days after the City has full title to oil production facilities. 5. A report from the City Manager concerning twice a week refuse collection in impacted areas during the summer months, was presented. Councilman Cox made a motion to approve the proposal providing for the pilot program of collecting refuse twice a week in the transient impacted areas which include Balboa Island, West Newport (excluding Balboa Coves, Newport Island, Finley Tract and 32nd Street to 44th Street between Marcus Avenue and West Balboa Boulevard), and Balboa Peninsula (excluding Marinapark, Bay Island and from "F" Street to the . West Jetty). NIT The following actions.were taken as indicated except for those items removed; 1. ORDINANCES FOR INTRODUCTION: - For continuation to February 9, 1981: (a) Proposed Ordinance No. , being, AN ORD.I- NANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44. 020 (d) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE FOUR, 28TH STREET BETWEEN LIDO PARK DRIVE AND THE RHINE; AND AMENDING SECTION.12.44.020 (f) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE SIX, 28TH STREET BETWEEN NEWPORT BOULEVARD AND VILLA WAY. (A report from the Traffic Engineer) Volume 35 Page 30 (73) Grbg /Trsh (44) Trfc /Mtr Zones (85) • E CITY OF NEWPORT BEACH 2. 3. MINUTES 26. 1981 RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9967 authorizing the Mayor and Osako /Marina City Clerk to execute an Amendment to Agree- Prk Landsp ment for Landscape Services at Marinapark R -9967 between the City of Newport Beach and Eddie C- 2243 &1705L Osako. (A report from the City Manager) (38) (b) Resolution No. 9968 authorizing the Mayor and. City Clerk to execute an Amendment to Jani- torial Maintenance Agreement between the City of Newport Beach and Western Counties Main- tenance Company, Inc. (A report from the.City Manager) (c) Resolution No. 9969 authorizing the Mayor and City Clerk to execute a Joint Powers Agreement (revised) between the City of Newport Beach and the County of Orange in connection with offshore and onshore mooring administration. (A report from the Marine Department) (d) Resolution No. 9970 authorizing the Mayor and City Clerk to execute an Agreement between the City of Newport Beach and Kern County Refinery Inc., for the purchase of crude oil. (A report om the Utilities Director) (e) Resolution No. 9971 authorizing the Mayor and the City Clerk to execute a Professional Services Agreement between the City of Newport Beach and Robinson - Thompson Associates, Inc. for first phase improvements to Corporation Yard (Contract 2236). (A report from the Public Works Department) (f) Resolution No. 9972 authorizing the Mayor and City Clerk to execute Agreements between the City of Newport Beach and Newport Mariners Plaza Association in connection with Site.Pla: Review 25. (A report from.the Public Works Department) (g) Removed from the Consent Calendar. - For referral as indicated: (a) To staff for review and report back, a letter from the Balboa Power Squadron regarding their lease of the City building at 6000 West Pacif- ic Coast Highway. (Attached with request of the Board of Library Trustees) (b) To the Planning Department for inclusion in the General Plan 80 -3 hearing process, a memorandum from the Bicycle Trails Citizens Advisory Committee. (Attached) • V I I I I I I Volume 35 Page 31 Wstrn Co/ Janit Agmt R -9968 C -2142 (38) CO /JtP Agmt On /OfShr Mrg R -9969 C -2241 (38) Kern Co/ Crude Oil R -9970 C -2244 (38) Robinson/ Thompson Corp Yd /Imp R -9971 C -2236 (38) 'NptMar /Plza Site Pln 25 R -99)2 C-2242 (38) WNpt Libry Ls /Balboa PwrSq (50) Ping Dept (68) CITY OF NEWPORT BEACH MINUTES 26. 1981 (36) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Removed from the Consent Calendar. • (b) Letters from Gloria Rothschild, Alfred W. Knight and Ciel Woodman opposing any new expansion of Orange County /John Wayne Airport. (Attached) (c) A Resolution of the Orange County Division League of California Cities Supporting the Issuance of a Variance for the Continued Operation of John Wayne Airport and Encourag- ing an Active Noise Reduction Program, for . consideration at the League's February 5, 1981 General Meeting. (Attached) (d) A letter from Fountain Valley High School. Principal and Band President, requesting assistance to fund the Fountain Valley High School band, who have been invited to march in the 1981 Presidential Inaugural Parade in Washington, D. C., January 20, 1981. (Attached) (e) A letter from the South Coast Air Quality. Management District informing government Agencies of the need to support SB -33 (Vehicle Inspection and Maintenance). (Attached) (f) A letter from Al "King Alfonso" Lizanetz regarding his ongoing campaign against Seagram • Distillery. (g) Minutes of the Friends of Oasis Board Meeting of December 15, 1980. (Attached) (h) Minutes of the Local Agency Formation Commis- sion of Orange County of December. 10, 1980. (Attached) (i) Agendas of the Orange County Board of Super -. visors regular meetings of January 13, 14, 20 and 21, 1981. 5. CLAIMS FOR DAMAGES: - For denial and.confirmation of the City Clerk's referral to the insurance carrier: (a) Claim of Mohd Masan Nouri for personal in- juries sustained from Newport Beach Police Officers at the Newport, Beach City Jail on January 16, 1981. (b) Claim of.Jason A. Typer for injuries sustained on October 11, 1980 at Buffalo Hills Park as . the result of falling on an alleged faulty rainbird head, injuring his knee.. • Volume 35 Page 32 (36) • • CITY OF NEWPORT BEACH 9 7. T 9. MINUTES 26, 1981 (c) Claim of Jean Wright for alleged.severe emo- tional stress, etc., due to conflict with Newport Beach Police Officer in parking lot of Matteo's Restaurant, 2325 Pacific Coast High- way, on December 3, 1980. (d) Claim of Margaret S. Pearlstein for injuries sustained when she fell on the sidewalk as a result of construction work on the west side of San Joaquin Hills Road, near Chevron Sta- tion, on October 14, 1980. SUMMONS AND COMPLAINTS: None. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) Three Library Clerk I's, Library Services Department, to fill vacant positions. (b) One Librarian I, Library Services Department, to fill a vacant position. (c) One Librarian II, Library Services Department, to fill a vacant position. (d) One Maintenance Man I, General Services Department, to fill a vacant position. (e) One Groundsman- Gardner II, Park Department, to fill a vacant position. (f) One Secretary, Library Services Department, to fill a vacant position. (g) One Typist Clerk II, Fire Services Department, to fill a vacant position. STAFF AND COMMISSION REPORTS: - For information and approval: (a) A report from the Public Works Department Trfc Sign/ regarding recommendation to pursue the imple- CHwy /Orchid mentation of a raised island and illuminated (81) sign for the pedestrian crossing at Coast Highway and Orchid Avenue. (Attached) (b) Memorandum from the Board of Library Trustees Npt Ctr Br/ regarding Newport Center Branch Library - Library Pkg Parking and Lighting. (Attached with report (50) from the Public Works Department) (c) A report from the Assistant to the City Manager regarding a proposed modification of the Newport Pier concession building. (At- tached) PUBLIC HEARING SCHEDULING: None. 40 11111111 Volume 35 Page 33 Npt Pier Merting/ C -1901 (38) • • • CITY OF NEWPORT BEACH MINUTES .. January 26, 1981 INDEX 10. ACCEPTANCE OF 1980 -81 SEAL COAT PROGRAM, PHASE I 1980/81 Seal (C -2190) - Acceptance of the work; authorize the Coat /Ph I City Clerk to file a Notice of Completion; and C -2190 authorize the City Clerk to release the bonds 35 (38) days after Notice of Completion has been filed. (A report from the Public Works Department) 11. ACCEPTANCE OF BALBOA ISLAND COPING REPAIR, PHASE BalIs Copg III (C -2185) - Acceptance of the work; authorize Rep /Ph III the City Clerk to file a Notice of Completion; and C -2185 authorize the City Clerk to release the bonds 35 (38) days after Notice of Completion has been filed. (A report from the Public Works Department) 12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 8681, LOT Tr 8681 125, TRACT NO. 5435, LOCATED AT 1976 VISTA CAUDAL, Impvmts SOUTHWESTERLY OF VISTA DEL ORO AND NORTHEASTERLY OF VISTA CAUDAL IN "THE BLUFFS" - Acceptance of the public improvements constructed in conjunction with Tract No. 8681; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 71.17868); and authorize the City Clerk to release the Labor and Material Bond (Bond No. 7117868) in six months provided no claims have been filed. (A report from the Public Works Department) 13. ACCEPTANCE OF IMPROVEMENTS IN TRACT N0. 8682, LOT Tr 8682 89, TRACT NO. 5878, LOCATED AT 2122 VISTA ENTRADA Impvmts WESTERLY OF VISTA DEL ORO, EASTERLY OF VISTA ENTRA- DA, " THE BLUFFS" - Acceptance of the public im- provements constructed in conjunction with Tract No. 8682; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 7117867); and authorize the City Clerk to release the Labor and Material Bond (Bond No. 7117867) in six months provided no claims have been filed. (A report from the Public Works Department) 14. JAMBOREE ROAD AND BAYSIDE DRIVE RESURFACING (C- Jam /Bsd Dr 2226) - Approve the plans and special provisions Resurf for the project; and authorize the City Clerk to C -2226 advertise for bids at a date to be determined by (38) the Public Works Director in the near future. (A report from the Public Works Department) 15. CORONA DEL MAR BEACH PARKING LOT (EAST SIDE) RE- CdM Bch Pkg DESIGN AND RESURFACING (C -2224) - Approve the plans E /Side and specifications for the subject project, and C -2224 authorize the City Clerk to advertise for bids to (38) be opened at 10:30 a.m. on February 11, 1981. (A report from the Public Works Department) 16. BALBOA ISLAND PARK, BUILDING, AND SITE IMPROVEMENTS BalIs Prk (C -2131) - Acceptance of the work; authorize the B/S Impvmts City Clerk to file a Notice of Completion, and to C -2131 release the bonds 35 days after the Notice of (38) Completion has been filed; and approve an extension. of time of 19 calendar days. (A report from the Public Works Department) Volume 35 Page 34 0 Motion All Ayes M•ion All Ayes x x CITY OF NEWPORT BEACH MINUTES 17. HARBOR PERMIT APPLICATION - Approval, in conjunc- Harbor Per tion with conditions of approval listed in the (51) general permit issued to the City by the Corps of Engineers, application 132 -201, California Recrea- tion Company, 201 East Coast Highway. (A report from the Marine Department) 18. CITIZENS ENVIRONMENTAL QUALITY ADVISORY COMMITTEE EQCAC Acceptance of the resignation of Anita Ferguson (24) with regret, direction to the City Clerk to prepar a Certificate of Appreciation. (Letter of resigna tion attached) 19. BUDGET AMENDMENTS - For approval: BA -047, $16,000 Transfer in Budget Appropriations BA for Geotechnical Investigation, Sediment Control (25) Facilities for Upper Newport Bay and Lower San Diego Creek; General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Resolution No. 9973 amending Resolution No. 9877 R -99 by increasing membership of the 75th Anniversary 75tb Ad Hoc Committee to thirty -five, endorsing prepara Ad -H tion by the Committee of a history of Newport (24) Beach, allowing the Committee to raise funds, and creating the 75th Anniversary Fund, was adopted. Council will review "The Future - Master Plan," prior to its publication, designated as Item 18 in the staff report. Anv 2. A letter from Herbert F. Whitley regarding the IPD /Anml Cntrl dog droppings in West Newport Beach, specifically 1(70) along Seashore Drive, and the new City park and playground in West Newport, was presented. The letter was referred to the Police Department, Animal Control, for investigation and report back. The City Council adjourned in memory of Richard H. "Dick" Spooner, who passed away on Friday, January 23, 1981. The meeting was adjourned at 12:40 a.m., to 7:30 p.m. Monday, February 2, 1981. C�Illl�li WACOF�` "'�� Volume 35 Page 35 r