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HomeMy WebLinkAbout07/14/1981 - Regular MeetingC UNCIL ME B RS s G ti s ROLL CALLS REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 14, 1981 MINUTES ir1BT3n A Certificate of Appreciation together with before and after pictures of the Balboa Island Bridge, were pre- sented to Peter Kiewit Sons' Company by the Mayor, Director of Public Works and the Balboa Island Improve- ment Association, in recognition of the bridge comple- tion. Present x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes of the Meeting of Ayes x x x x x June 22, 1981, was waived, approved as written and Abstain x ordered filed. Motion x C. The reading of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing Tr 10391/ regarding TENTATIVE MAP OF TRACT NO. 10391, a 11377/11043 request of J. M. PETERS COMPANY, INC., Newport Beach, to amend a condition of approval of the Tentative Map of Tract No. 10391 as incorporated into the conditions of approval for the Tentative Map of Tract No. 11377 and the Final Map of Tract No. 11043, related to the maintenance of the proposed public park located at the southwesterly corner of MacArthur Boulevard and Bison Avenue in the Aeronutronic Ford Planned Community. • The City Manager advised that both Council Members Hummel and Strauss had listened to the verbatim tape in order to participate in the public hearing consideration, as they were absent from the Council meeting on June 22. A report from the Planning Department, was pre- sented, wherein the Parks, Beaches and Recreation Commission voted to recommend to the City Council that in lieu of land dedication, the City collect a fee from the subdivider as provided under the provisions of Chapter 19.50 of the Municipal Code. In addition, the Commission also recommended that the fee be based on the present median fair market value. Section 19.50.070 of the Code provides that where a fee is to be paid in lieu of land dedica- tion, such fee shall be equal to an amount for each acre which would otherwise have been required to be dedicated. The amount is the median fair market value per acre of the land in all neighborhood public parks within the City, if such land were not used for park or recreational purposes, and the median fair market value is.adjusted periodically t keep current with property appreciation. Volume 35 - Page 181 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL �� July 14, 1981 - - nwcA The current median value per acre of City -owned Tr 10391/ parkland established under Resolution No. 9542 is 11377/11043 $162,221.00. This value is based upon an appraisal of Eastbluff Park performed by Charles P. Wadsworth, M.A.I., in March 1979. Using this value and a park requirement of 5.64 acres for a 300 -unit residential development, a park fee of $914,926.44 would be collected. However, the appraisal noted is in the process of being updated, and inasmuch as the Coun- cil has not had the opportunity to review the updated appraisal and establish a new value, and inasmuch as the in -lieu fee was waived by the Coun- cil when the Tentative Map was approved in August 1979, the staff recommended that any in -lieu fees collected now be based on the earlier value. With respect to the future use of Turkish Bugging, the alternatives presented were as follows: 1) It can be left in its natural state and incorporated into the public park design with the brow ditch left in place to protect the site from irrigation runoff; 2) It can be left in its natural state and remaining area subdivided; or 3) The species can be removed or transplanted to another site and the acreage subdivided. In response to the Council's inquiry as to whether Turkish Rugging was deemed an endangered species, the City Manager reported that Turkish Bugging has been determined as a "threatened" species, but not an endangered species. Bob Trapp, representing the J. M. Peters Company, addressed the Council, advising that he had reviewe the staff report and did concur with the recommenda- tions contained therein. He stated that they pro- posed to remove and relocate, at their expense, the _ Turkish Rugging to the Environmental Nature Center at Newport Harbor High School so it can be pre- served. He noted that the preliminary plans includ- ed with the report are just that, "preliminary ". plans, and are to give the Council an idea of what they propose to do with the site. They would have to come back and file a tentative map and zone change at the time they process the 8 to 10 units. The fee of $914,926.44 is based on 300 units, and assuming they get 10 units on the park site, the fee is still below the 300 units, so there would not be an increase in the fee. Hearing no others wishing to address the Council, the public hearing was closed. Volume 35 - Page 182 CITY OF NEWPORT BEACH CU N ALCIL ME B RS S ROLL CL` n9 9 3 „1v 14_ 1981 MINUTES NDEX 043 Motion x Motion was made to uphold the decision of the Tr 10391/ Planning Commission and approve the amendment of 11377/11 condition of approval relating to the maintenance • of the proposed public park located at the south- westerly corner of MacArthur Boulevard and Bison Avenue. Discussion ensued regarding the use of in -lieu fees, wherein the City Attorney cited Section 19.50.050 of the Municipal code as follows: "(b) Use of Money. The money collected here- under shall be used only for the purpose of providing park and recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land, or if the City Council deems that there is suf- ficient land available for improving of such land for park and recreational purposes.” During the course of discussion, the City Manager advised that it would cost the City approximately $450,000 to $500,000 to develop the site as a park, and could be in excess of 5 to 7 years before development. Ayes x x The motion was voted on, and FAILED. Noes x x x x Motion x Motion was made to reject the existing offer of Ayes x x x x park dedication and instruct the City Attorney and Noes x x City Clerk to prepare and record a Notice of Non- Acceptance and Rejection; and instruct the Appli- cant to deposit with the City an in -lieu park fee in accordance with Chapter 19.50 of the Newport Beach Municipal Code and to prepare a new Tentative Subdivision Map covering the former park site, and amend the Planned Community text. Motion x 3. Motion was made to have as the next order of 0 -1883 Ayes x x x x x business, the public hearing on Ordinance No. 1883 Pkg Perm Abstain x relative to establishing a residents' parking per- (63) mit system for Newport Island. Mayor Heather opened the public hearing regarding Ordinance No. 1883, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 12.68 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO RESIDENTS' PARKING REGULATIONS AND PERMITS AND ESTABLISHING A RESIDENTS' PARKING PERMIT SYSTEM FOR NEWPORT ISLAND, and the acceptance of a Negative Declaration. A report dated June 22, 1981 from the Traffic Affairs Committee Chairman, was presented. A report from the City Attorney, was presented. Volume 35 - Page 183 • 043 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL �n 9 Julv 14_ 1981 wnry - nwcn Steve Prince, Vice President of Newport Island 0 -1883 Incorporated, 3710 Channel Place, addressed the Pkg Perm Council and submitted 103 individual letters from • residents of the Island supporting their request for a parking permit system. Mr. Prince showed slides of the area, noting the very narrow streets and alleys throughout the Island. He stated that parking was at a premium on the Island, and that sightseers and the visiting public make it almost impossible for residents and their guests to find a place during the period from June 15 to September 15. Allen Miller, 404 -40th Street, Newport Island, addressed the Council and concurred with the remarks of Mr. Prince. He stated that what parking is available on the Island is taken up by the majority of the residents. Hearing no others wishing to address the Council, the public hearing was closed. Reference was made to the City Attorney's report, wherein it was pointed out that the proposed Ordinance would constitute "development" as that term is defined in the Coastal Act of 1976, to the extent it applies to Newport Island or other locations within the Coastal Zone. As such, a Coastal Permit would be required prior to actually implementing or enforcing the ordinance. For a Coastal Permit to be issued, the Coastal Commission would have to make findings regarding public access and the impact of this proposed ordinance on public access. The City Attorney also reported that the United States Supreme Court, in a case involving a parking plan in Arlington, Virginia, said that, if a Coun- cil adopts an ordinance properly, it can restrict the parking on certain types of public streets. In that particular case, it was to limit the ability of out -of -town residents from coming in and parking in residential areas and then taking the commuter into work. In response to that decision, the California Legislature adopted Section 22507 of the Vehicle Code to permit cities to restrict parking in certain areas to either residents or commercial businesses adjacent-to, or in front of those streets. Motion x Motion was made to adopt Ordinance No. 1883 adding Chapter 12.68 to the Newport Beach Municipal Code relating to residents' parking regulations and permits and establishing a residents' parking permit system for Newport Island, and the acceptanc of a Negative declaration. Volume 35 - Page 184 • C UNCIL ME B RS S ,o ROLL CALL �n 9 � RNIMPORT July 14, 1981 MINUTES INDEX Ayes x x x x x Following comments by Council Members and at the Noes x suggestion of Council Member Strauss, the motion was amended to include that a review and evalua- tion of the parking permit system be made in • October 1982, with a report back to Council. 2. Mayor Heather opened the public hearing regarding CPA 80 -2 GENERAL PLAN AMENDMENT 80 -3, a request initiated (45) by the City of Newport Beach to amend the Land Use, Residential Growth, and Recreation and Open Space Elements of.the Newport Beach General Plan, and the acceptance of an Environmental Document. The Mayor announced that Council Member Maurer had requested that, due to his absence, this hearing be continued following public testimony. Supplemental report from the Planning Department was presented; report forwarded to the City Council on July 2, 1981. Report from the City Manager, was presented. Letters from Jeff Schulein, Corona del Mar, and the Mariners Community Association; and a petition bearing 78 signatures from residents in Corona del Mar, opposing General Plan 80 -3, were presented. Letters from Mrs. Frank E. Reuland, Newport Harbor Area Chamber of Commerce, Michael C. Gering, Newport Center Association in support of General Plan 80-3, were presented. • Letters from Karen Kipp, Manager, The Broadway - Newport, and Newport Center Medical Buildings regarding proposed General Plan Amendment 80 -3, were presented. Motion x Public testimony was limited to V1 hours, inasmuch All Ayes as the public hearing will be continued. The City Clerk advised that after the printing of the agenda, eight additional letters had been received relative to General Plan Amendment No. 80-3, from the following: Richard A. Nichols, Ph.D.; Richard Nelson, Corona del Mar Chamber of Commerce; Bill Nyholm; Dr. Philip Dave Thomas, President of Pomni Pacific International; John and Florence L.. Ehretz; and Eastbluff Homeowners Community Association. For the record, the City Clerk advised that the letter appearing on the agenda from Mr. and Mrs. Edward P. Benson in opposition was in error, and should show that they were in support of General Plan Amendment 80-3. Dick Cannon, representing The Irvine Company, ad- dressed the Council and summarized the project. He displayed an aerial photograph, showing the five parcels in question, in addition to charts • relative to: Volume 35 - Page 185 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES yG 9y s�� ROI I rAI tn� T,ilv 14_ 1951 wnry Roadway Improvements to be Funded - Circu- GPA 80 -3 lation System easterly of Upper Newport Bay at an estimated cost of $8,200,000. • Transportation Management Plan for exist- ing and proposed Newport Center. P.M. Peak Hour Trips Importance of Proposed Block 600 Develop- ment to Fashion Island. Newport Center Plan Concept for Hotels to Anchor Fashion Island. Fashion Island Sales Volume attributable to Newport Center Employees and Visitors. Motion x During Mr. Cannon's presentation, he was granted an All Ayes additional five minutes. William Picker, Architect and Planner, and Appli- cant in General Plan Amendment No. 80 -3 for the Marriott Hotel, addressed the Council, stating that he concurred in the Planning Commission's approval of the Marriott's proposal; however, he would like the Council to consider the removal of two condi- tions which the Planning Commission imposed on the approval: 1) The permanent division of the pro- posed junior ballroom, and 2) The fee of $330,000 which was assessed. He explained the reasons he felt the conditions should be removed, and urged • the Council to look favorably at his request. J. R. Blakemore, 2509 Harbor View Drive, addressed the Council, and read a prepared statement in sup- port of General Plan Amendment No. 80 -3. Frank A. Rhodes, Jr., General Partner of Newport Center Medical Buildings, addressed the Council referring to his letter of July 2, 1981, wherein he advised that pursuant to their lease with The Irvine Company, they have the right to construct an 80,000 square foot medical building in Block 400 In making its request for entitlements pursuant, to General Plan Amendment.80 -3, The Irvine Company represented it to be the completion of Newport Center. Since their medical building was not in- cluded, they protested to the Planning Commission and requested inclusion of an 80,000 square foot medical building in General Plan Amendment 80 -3. Mr. Rhodes stated that the response of the Planning Commission was to add the following Policy to the Land Use Element:. "(10) Commercial Development intensities may be transferred from one site to another, sub- ject to Planning Commission and City Council approval, and adequate Environmental Documen- tation." • Volume 35 Page 186 - CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s ROLI CAI I ` s� July 14. 1981 u.,nry Subsequently, on advice of staff, Mr. Rhodes stated GPA 80 -3 that they commenced participation in proposed General Plan Amendment 81 -2 for approval of their 80,000 square foot medical building in Block 400, • which will be heard by the Planning Commission in October of this year. Mr. Rhodes displayed a rendering of the proposed building in the 400 Block of Newport Center. He stated the proposed building would house a 24 hour ambulatory emergency care facility. It was pointed out by staff that Policy 10 (above) would provide a mechanism to allow the 80,000 square foot medical building in Block 400, assuming an 80,000 square foot reduction on one of The Irvine Company controlled parcels. In response to Council inquiry, the Planning Di- rector advised that the City Council could consider the request of Mr. Rhodes, and if desired, modify the recommendation of the Planning Commission. Mr. Dick Cannon, in response to Council inquiry, stated that the request of Mr. Rhodes was no differ- ent than the requests of the Marriott Hotel or Pacific Mutual Life Insurance Company. They all have land rights in Newport Center described in a lease agreement. It was pointed out by the Planning Director, that the Planning Commission in their approval of Genera • Plan Amendment 80 -3 did not specifically provide for the transfer of 80,000 square feet to Block 400. The reason for this was that there was no environ- mental documentation to back up such a transfer. Therefore, the Commission made a general finding that 80,000 square feet could be transferred from a location in Newport Center to any other location, subject to Planning Commission /City Council approva and the appropriate environmental support. At the request of the Mayor, and there being no objections from the Council, The Irvine Company . was requested, prior to the next meeting, to report on whether there are other lease holders who also have land rights, who could be interested in exer- cising those development rights. Sally Corngold, 2241 Donnie Road, Member of the Board of Mariners Community Association, addressed the Council and read a prepared statement in oppo- sition to General Plan Amendment 80 -3 as written. She urged the project be sent back to the Planning Commission for further consideration of the substi- tution of high density housing and related services in place of office-space, and to not reintroduce th 'hotel until construction of a new airport is in progress. Volume 35 - Page 187 • l i C UN CIL ME 8 RS MINUTES R 0 1 1 \A1 �n A T„lv 14. 1981 INnFY on on gr/ Tim Parker, 12 Stonewood, Irvine, President of Fashion Island Merchants Association, addressed the Council and submitted a petition with over 100 signatures of Association Members, urging the City Council to approve General Plan Amendment 80-3 as • originally requested by The Irvine Company, includ- ing the Marriott Hotel proposal and the full amount of office development requested. Jean Watt, 4 Harbor Island, President of SPON, dis- played charts relative to density and traffic statistics, and summarized their recommendations with respect to proposed General Plan Amendment 80 -3. Motion x The public hearing was continued to July 27, 1981. All Ayes E. PUBLIC COMMENTS: 1. Andy Andrews, resident, addressed the Council re- Npt Back garding the Newport Back Bay Survey. Bay Survey The City Manager advised that, at the request of the Council, this item was scheduled for the August 10 Study Session. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes those items removed: 1. ORDINANCES FOR INTRODUCTION: • None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 10088 authorizing the Mayor Early Acti and City Clerk to execute an Engineering Plan /Simps Services Agreement between the City of R -10088 Newport Beach and Donald C. Simpson in C -2261 connection with Management Services to (38) Implement the Early Action Plan. (A report from the Public Works Department) (b) Resolution No. 10089 awarding a Contract Fleming Er (No. 2245) to Fleming Engineering, Inc., in Lido Recor connection with Lido Isle Concrete Recon- R -10089 struction. (A report from the Public Works C -2245 Department) (38) (c) Resolution No. 10090 declaring the City of Resub 569 Newport Beach's intention to vacate a water R -10090 facilities easement subject to reservation (84) of a portion of said easement (southeasterly corner of Bayside Drive and Marine Avenue, drawing R/W 5445 -L) adopting a map showing a portion of the easement to be vacated and setting a Public Hearing thereon. (A report from the Public Works Department) • Volume 35 - Page 188 on on gr/ CITY OF NEWPORT BEACH C UME 13 RS oI rNkk S! .e ..n., is ioRi MINUTES INDEX ors i6 Lt apes 38) tors ay 3. B) a on (d) Resolution No. 10091 awarding a Contract B -1 Entrl (No. 2266) to B -1 Enterprise Corporation in Corp connection with sidewalk replacement. (A R -10091 report from the Public Works Department) (38)C -2Z • (e) Resolution No. 10092 authorizing the Mayor Use Perm and City Clerk to execute an Agreement 1977 between the City of Newport Beach and Chuck's R -10092 Steak House, Inc., in connection with public (88) improvements guaranteeing completion of the improvements required with Use Permit 1977. (A report from the Public Works Department) (f) Resolution No. 10093 awarding a Contract Naturesc (No. 2265) to Naturescapes, Inc., in connec- Inc. tion with Irrigation and Landscape Development R -10093 (A report from the Public Works Department) C -2265 (g) Resolution No. 10094 awarding a Contract Channel (No. 2182) to Channel Constructors, Inc., in Construe connection with Jasmine Creek Storm Drain, R -10094 Phase II. (A report from the Public Works C -2182 Department) (38) (h) Resolution No. 10095 concurring in the Freeway/ Reclassification of State Route 55 from a Highways Federal Aid Urban (FAU) Route to a Federal R -10095 Aid Primary (FAP) Route. (A report from the (43) Public Works Department) (i) Removed from the Consent Calendar. • (j) Resolution No. 10097 agreeing to rescind the Beacon B executed Agreement to Lease for Beacon Bay Lease No Nos. 22 and 48. (A report from the City 22/48 Attorney) R -10097 C- 2270(3 (k) Removed from the Consent Calendar. 3. COMMUNICATIONS - For referral as indicated: (a) To the Pending Legislation 6 Procedural Ethics Santa An Committee, Resolution No. 81 -95 of the City of Resoluti Santa Ana recommending legislation to increase (77) parental responsibility for the misconduct of minor children. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from the City of Half Moon Bay urging opposition to incorporate portions of AB 397 into SB 626 regarding low and moderate income housing. (b) Removed from the Consent Calendar. (c) Copy of a letter from Norm Allen, Police Liaison, Balboa Peninsula Point Association, expressing the Association's Board of Di- rectors, and membership's appreciation and thanks to the Newport Beach Police Department for outstanding effort in contributing to their successful Annual Meeting. Volume 35 - Pape 189 ors i6 Lt apes 38) tors ay 3. B) a on CITY OF NEWPORT REACH C k0r ME B RS MINUTES ROL L CQL�n 'A .T,,ly 14. 19R1 INOFY (d) A letter from Mrs. Eula Crawford, Acting Clerk of First Church of Christ, Scientist, express- ing the Executive Board's gratitude to the City for sidewalk improvements and trees, and • commending the City's Parks, Beaches and Recreation crews for the splendid job. (e) Copy of a letter to The Editor of the Ensign from Loren I. Greeley and Rodger E. Hageman regarding the Planning Commission hearing on the Banning Newport Ranch Development. (f) A letter from Newport Center Association President urging limitation of expansion of John Wayne Airport and supporting the City's position on future development. (g) Letters from Al "King Alfonso" Lizanetz regard- ing his ongoing campaign against Seagram Distillery. (h) Notice of regular meeting on June 18, 1981, and Minutes of May 21, 1981 meeting of the Airport Land Use Commission for Orange County. (i) Preliminary Agenda July 8, 1981, and Minutes of June 1, 1981 meeting of Orange County Local Agency Formation Commission. (j) Application of Catalina Passenger Service, Inc., before the California State Public • Utilities Commission for authorization to increase rates of fare for the transportation of passengers by vessel between Newport Beach and Avalon, Santa Catalina Island, California. (k) Orange County Board of Supervisors Agenda for June 23,'24 and July 7 and 8, 1981. (1) Memorandum from the Aviation Committee containing a letter from the Mariners Com- munity Association.. 5., CLAIMS FOR DAMAGES. - For denial and confirmation of the City Clerk's referral to claims adjuster: (a) Claim of Patricia Groth for property damage to Groth her vehicle, allegedly due to protruding guard rail in the vicinity of East Coast Highway, near Bay Bridge, on June 8, 1981. , (b) Claim of Jeanne L. Minor for property damage Minor when City Refuse Truck allegedly backed into Claimant's parked vehicle in May, 1981, in the vicinity of Third Street, between Iris and Jasmine. • Volume 35 - Page 190 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES S �G ROLL CALLS GS .n 'D 1..i., 1 1981 ���nry (c) Claim of Raymond A. Schep for personal in- Schep juries allegedly sustained from assault by two Police Officers on June 7, 1981, in the vicinity of Quedada Street. • (d) Claim of Diana Barber for personal injuries Barber allegedly sustained when claimant slipped on steeply sloped section which was not lighted, in the vicinity of Corona del Mar,. on June 21, 1981. (e) Claim of Werner Schram for property damage Schram alleging that claimant's painting, which was on display at Friends of the Oasis Senior Citizens Center, was stolen from the Multi - Purpose Room on May 8, 1981. (f) Application for Leave to Present Late Claim of Schmiesinl James Anthony Schmiesing, II, alleging that claimant dove from rock jetty into ocean, striking his head on a submerged rock, and thereby fracturing his neck in the vicinity of 36th Street Beach on June 27, 1980. (g) Claim of Robert R. Wachtler for property Wachtler damage alleging that a City operated vehicle collided with claimant's parked automobile in the vicinity of Pearl Avenue, Balboa Island on May 29, 1981. For rejection - Not timely filed: . (h) Late Claim of Robert D. Hall for personal Hall injuries, sustained when claimant was a passen ger in vehicle which hit an alleged open manhole, throwing his head into windshield, in the vicinity of Pacific Coast Highway - Corona del Mar, on July 26, 1980. 6. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to claims adjuster: (a) Summons and Complaint of John W. Taylor for Taylor personal injuries, Case No. 354 -623 in the Orange County Superior Court. An application for Late Claim was filed with the City on November 25, 1980, which was denied by opera- tion of law on January 8, 1981, according to that document. A Notice of Hearing and Petition for Order Relieving Petitioner from Provision of Government Code Section 945.4 was filed with the City on April 22, 1981. In addition, a Notice of Ruling was received by the City on May 18, 1981. Volume 35 - Page 191 • CITY OF NEWPORT BEACH COUNCIL MEMB RS 9r� yv 9y � MINUTES ROLL CALS .. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Laborer, Field Maintenance Division, to • fill a vacant position. (b) One Carpenter, Field Maintenance Division, to fill a vacant position. (c) One Equipment Operator I, Field Maintenance Division, to fill a vacant position. (d) Two Equipment Mechanics I, Equipment Mainte- nance Division, to fill vacant positions. (e) One Equipment Serviceworker, Equipment Mainte- nance Division, to fill a vacant position. (f) Two Building Inspectors, Building Department, to fill vacant positions. (g) One Audit Clerk, Finance Department, to fill a vacant position. (h) One Administrative Assistant, Utility Depart- ment, to fill a vacant position. (i) One Tree Trimmer I, Park Division, to fill a vacant position. (j) One Engineering Aide II, Public Works Depart- ment, to fill a vacant position. (k) Two Police Officers, Police Department, to fill vacant positions. (1) One Police Clerk, Police Department, to fill a vacant position. (m) One License Inspector, Finance Department, to fill a vacant position. (n) One Data Control Clerk, Finance Department, to fill a vacant position. (o) One Data Entry Operator, Finance Department, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS: - For Council infor- mation and approval: (a) A report from the Utilities Director regard- Tideland Oil ing TIDELAND OIL WELLS OPERATING AGREEMENT. Wells (73) (b) A report.from the Planning Department regard- GPA ing PLANNING COMMISSION ACTION TO SET CERTAIN (45) AMENDMENTS TO THE NEWPORT.BEACH GENERAL PLAN FOR OCTOBER 1.981 HEARINGS. Volume 35 - Page 192 C UNCIL ME B RS MINUTES -sy s�A 9 � ROLL CALL` s� 'A July 14, 1981 I NOEX 9. PUBLIC HEARING SCHEDULING: - For Public Hearing on August 24, 1981: • (a) GENERAL PLAN AMENDMENT 81 -1, a request initi- ated by the City of Newport Beach, to amend GPA 81 -1 (45) the Newport Beach General Plan for the Banning - Newport Ranch Planned Community, and the acceptance of an Environmental Document. Property located northerly of West Coast Highway and approximately 360 ft. westerly of Superior Avenue in the West Newport area; AND AMENDMENT NO. 1 TO THE LOCAL COASTAL PROGRAM, LCP /Amnd 1 a request initiated by the City of Newport Beach, to amend the Land Use Plan and the adoption of an Implementing Ordinance for the Newport Beach Local Coastal Program; AND AMENDMENT N0. 561, a request initiated by P/C Amnd 561 Beeco, Ltd., Newport Beach, and the Newport - Mesa Unified School District, to establish a Planned Community Development Plan and Devel- pment Standards for the Banning - Newport Ranch Planned Community; AND • TRAFFIC STUDY, initiated by Beeco, Ltd., Newport Beach, and the Newport -Mesa Unified Trf Study/ Banning Npt School District, to consider a Traffic Study Ranch for the Banning - Newport Ranch Planned Communi- ty. (A report from the Planning Department) 10. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9859 - Tr 9859 Accept the public improvements constructed in conjunction with Tract No. 9859; authorize the City Clerk to release the Faithful Performance .Surety (Bond No. S757905); and authorize the City Clerk to release the Labor and Material Surety (Bond No. 5757905) in six months, provided no claims have been filed. (A, report from the Public Works Department) 11. ACCEPTANCE.OF PUBLIC IMPROVEMENTS IN TRACT NO. Tr 9588 9588- Accept the public improvements constructed in conjunction with Tract No. 9588; authorize the City Clerk to release the Faithful Performance Surety (Bond No. 2620994); and authorize the City Clerk to release the Labor and Material Surety (Bond No. 2620994) in six months, provided no claims have been filed. (A report from the Public Works Department) Volume 35 - Page 193 • CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES s � .o ROLL CALLS n� T,,ly 14_ 1981 Ipunpv 12. JAMBOREE ROAD (NORTHBOUND) RESURFACING FROM FORD Jamboree Rd/ ROAD TO 900 FEET SOUTH OF EASTBLUFF DRIVE (C -2197) Eastblf Dr - Approve plans and specifications for this C -2197 project; and authorize the City Clerk to advertise (38) • for bids to be received at 2:30 p.m., on July 28, 1981. (A report from the Public Works Department) 13. ACCEPTANCE OF GARNET AVENUE STREET RECONSTRUCTION Garnet Av (C -2239) — Accept the work; authorize the City C -2239 Clerk to file a Notice of Completion; and authorize (38) the City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department). 14. DENIAL OF REQUEST FOR WAIVER OF BUSINESS LICENSE PCB Assoc RENEWAL PENALTY FOR LATE FILING - From PCB Associ- Permit ates, 4621 Teller Avenue, Newport Beach. (Report (65) from the Business License Supervisor) 15. MAINTENANCE DREDGING APPLICATIONS - (A report from Harbor Drdg the Marine Department) Applications (51) 119 -1900 City of Newport Beach End of 19th St. 1011 -4465 City of Newport Beach 4465 West Coast Highway 103 -1611 Peter Panno 1611 Bayside Dr. 113 -115 Don Glatz 115 Edgwater Approval of the above applications in conjunction with conditions of approval listed in the general permit issued to the City by the Corp& of Engineers . 16. APPROVAL OF REQUEST FOR SPECIAL TRASH PICKUP DAY ON Special Trsh LIDO ISLE FOR OCTOBER 10 - (Letter from Lido Isle PU /Lido Is Association and General Services Department) (44) 17. APPROVAL OF SPECIAL TRASH PICKUP FOR BALBOA ISLAND Special Trsh ON SEPTEMBER 19 - (Letter from Balboa Island PU /Balboa Is Improvement Association and General Services De- (44) partment) 18. APPROVAL OF REFUSAL FOR REHEARING OF APPEAL OF Vespignani DANTE A. VESPIGNANI - (A letter from the Appellant) Permit (65) 19. BUDGET AMENDMENTS: - For approval: (Z5) Removed from the Consent Calendar. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Staff was directed to respond to letter from Alan Fireworks All Ayes L. Blum, Balboa 'Island, regarding fireworks dis- Displays plays. (41) Motion x 2. Resolution No. 10096 approving the Memorandum of R -10096 All Ayes Understanding negotiated by representatives of the NB /Fire Newport Beach Fire Fighter's Association and the Fighters City's representatives, was adopted, with the M -O -U request that a letter be placed in the file regard C -2051 ing preference of employees to take PERS contribu- (38) • tion in lieu of that percentage increase in salary. Volume 35 - Page 194 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9 G� ROLL \rALX �n A t..1 1L 1081 IIU f1CY 3. Proposed Budget Amendment BA -004, $900.00, Transfer BA -004 in Budget Appropriations for purchase of a bronze (25) plaque to be installed on the Upper Newport Bay Bridge, was presented. Orion x Motion was made to deny BA -004, as submitted. Ayes x x x Noes x x x Motion x In view of the foregoing, motion was made to defer All Ayes this item to the next Council meeting with a request to the staff to explore cooperative funding for the plaque. Motion x The following Budget Amendments were approved, as BA -001 thx All Ayes follows: 003 & 005 (25) BA -001, $21,175.00 Increase in Budget Appropria- tions for one additional Groundsman Gardner I and 32" mower to fulfill landscape maintenance agree- ment with Newport -Mesa Unified School District; Parks, Beaches and Recreation; Parks, Parkways, etc., Fund. BA -002, $47,200.00 Increase in Budget Appropria- tions for Spyglass Hill improvements; Parks, Beaches and Recreation Fund. BA -003, $95,294.50 Increase in Budget Appropria- tions for transfer of Spyglass Hill Reserve to Park and Recreation Fund for housekeeping purposes; Building Excise Tax Fund. • BA -005, $247.00. Transfer in Budget Appropriations for purchase of two (2) two-drawer-file cabinets for filing the Balboa Yacht Basin data; Office Equipment Fund. 4. A report from the Aviation Committee recommending Aviation adoption of the proposed resolution extending the Committee term of the Aviation Committee to December 1, (24) 1982, was presented. Motion x Motion was made to refer the subject item to the R -10098 Appointments Committee for recommendation and report back; and to adopt Resolution No. 10098, extending the term of the Committee to September, 1981. During the course of discussion, Mayor Pro Tem Hart stated that she was not unhappy with the Aviation Committee, nor.did she wish to change its composition; however, she did feel that if the Committee was going to continue as at present, then it should be deemed as a regular standing committee, rather than an ad -hoc committee. All Ayes Following consideration, and at the suggestion of Council Member Cox, Mayor Pro Tem Hart amended the motion to extend the term of the Committee to December 31, 1981, and the City Attorney was • directed to revise the resolution accordingly. Volume 35 - Page 195 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES � �y9 � ROLL_ rAl_l � �n �D - July 14. 1981 a nry Volume 35 - Page 196 H. ORDINANCES FOR SECOND READING AND ADOPTION: 0-1884 Pers /Clas 1. Ordinance no. 1884, being, (66) AN ORDINANCE OF THE CITY OF NEWPORT BEACH • AMENDING SECTION 2 ,12.100 OF THE MUNICIPAL CODE DESIGNATING THE PUBLIC WORKS DIRECTOR AS THE CITY ENGINEER PRO TEM, was presented. Motion x Ordinance No. 1884 was adopted. All Ayes I. CONTINUED BUSINESS: 1. A report with supplemental figures from the NB /Prof S PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION Tech Empl REGARDING CONTRACT NEGOTIATIONS FOR FISCAL YEAR C -2051 1981/82, was presented. (38) A report from the Personnel Director, was pre- sented. Letters from Jeff Burdick and Burr White, Realtors; Dean C. Rathbun, Manager Unique Homes; and Florella M. Harris, in support of the Professional and Technical Employees Association's request, were presented. The City Clerk advised that after the printing of the agenda, 15 additional letters were received in support of the employees request from the • following: Thirtieth Street Architects; Stuart McKenzie; Picker & Ruffing, Architects; Richard H. Dodd & Associates; L. E. Kephart, Architect; Boyd Realty Investments; Salmonson & Fluter Development; Beverly Nestande; Sham & Kent, Architects; Bert..Tarayao, Architect; Lee & Strock Architects; James M. Parker, Attorney; Hill & Danielson Associates; Raymond Smith; and Jacobs Realty. Chris Gustin, President, Newport Beach Profession- al and Technical Employees Association, addressed the Council, and read a prepared statement in behalf of their request. The City Manager stated that there were two basic differences that led to this impasse, which he summarized as follows: 1) The City used January 1981 data from the League Survey. The Professional and Technical Employees Association used data from the City of Anaheim, which will be effective in October 1, 1981, and the data from the Cities of Huntington Beach and Santa Ana, which will be effective July 1, 1981. With respect to all of the other employees • associations, the City's negotiations were based on the January 1981 data from the League. Volume 35 - Page 196 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES yG y9 �� RCH 1 CGI l� n� T „lv 14. 1981 (Nn;ry 2) The City's negotiating team interprets the J -1 Policy to compare with the average of the top three cities, total- ing all classifications surveyed by the • League Survey. The Association prefers taking each classification, and compar- ing it to the highest classifications in each city, which may be different cities. The City Manager stated that the resolution before the Council mandates Management's offer of 9.5 %, which is based on 10 classifications within their 26 classifications (38% coverage) of the three highest paying Cities in Orange County; and as an averaging percentage, they are 9.3% below the average of the three highest paying cities. That 9.3% was rounded -out to the next one -half percent to the 9.5% offer. The City Manager further stated that Management would be agreeable to meet with the employee groups between now and January to negotiate which classifications should be compared in the salary survey. In conclusion, the City Manager stated that one of the reasons this particular employee group is not where they feel they should be on the salary scale, is that last year, of the 10 positions surveyed, it showed this group at 11.4% below the average of the three highest paid cities. The Council and Management team opted, however, to • average this association with all other miscel- laneous groups, and therefore, offered a 13.6 %, rather than an 11.4 %. In essence, the employees received 2.2% more than the survey showed, com- parable to the three highest paid cities. Brion Jeanette, Architect, Newport Beach, ad- dressed the Council in support of the request of the Professional and Technical group. Motion x Motion was made to adopt Resolution No. 10099, R -10099 implementing salary and benefit increases for NB /Prof & employees who are members of the Newport Beach Tech M -O -U Professional and Technical Employees Association, to be retroactive to July 1, 1981; and further, that a letter be placed in the file regarding preference of employees to take PERS contribu- tion, in lieu of that percentage increase in . salary. Motion x An amendment to the motion was made to include that Management and the Professional and Tech- nical Employees groups review the "disputed area” prior to January and report back to Council. Ayes x x x x x Following discussion, Mayor Heather withdrew her Noes x amendment to the motion, and the motion on the floor was voted upon. Volume 35 - Page 197 CITY OF NEWPORT REACH C UNCiL ME B RS MINUTES rA Motion x Motion was made that, prior to January, Management meet with the employee groups regarding areas of dispute with regard to the J -1 Policy, and bring back recommendations for Council review. • During course of discussion, it was pointed out that all Council Policies are reviewed in October of each year, and in view of this, Mayor Heather withdrew her motion, and no further action was taken. J. CURRENT BUSINESS: 1. A LETTER FROM STANFORD GREEN RESIGNING FROM Boards /Com THE PARKS, BEACHES AND RECREATION COMMISSION, (24) was presented. Motion x The resignation of Stanford Green was accepted All Ayes. with regret; the City Clerk was directed to prepare a Certificate of Appreciation; and the nominations of the Appointments Committee of Rae Cohen, Lucy de Mocskonyi, and Robert Hopkins to fill the unexpired term of Stanford Green, ending June 30, 1982, were accepted. Appointment is anticipated to be made July 27. 2. A report from the Public Works Department regarding Property .ACQUISITION OF THE SOUTHWESTERLY 7.15 FEET OF 205- Acquired 39TH STREET, was presented. (73) Motion x The purchase of the southwesterly 7.15 feet of 205- R -11000 All Ayes 39th Street, including a 12- foot - radius corner cutoff, (The southwesterly 7.15 feet of the north- . easterly one -half of Lot 13, Block 139, Canal Section, Newport Beach, plus a 12 -foot radius corner cutoff on the southerly corner), was auth- orized; and Resolution No. 11000, accepting a Grant Deed from Kirk S. Lamb for a portion of 205 -39th. Street, was adopted. 3. A LETTER FROM THE JOHN WAYNE MEMORIAL COMMITTEE Arts Com REQUESTING A CITY CONTRIBUTION OF $10,000, was (62) presented. Wally Ziglar, 327 Poppy Avenue, Chairman, John Wayne Memorial Committee, addressed the Council on behalf of the Committee's request for,the sum of $10,000, which would partially match on a one - third, two - thirds basis, monies contributed by the private sector of the community, to be used towards a monument to be permanently housed on City prop- erty outside the Theatre Arts Center at Ensign Park. Completion date for the monument has been set for August 31, with a tentative dedication date of September 17. Discussion ensued, wherein it was indicated by some Council Members that the subject request should be referred to the Arts Commission for review and recommendation. • Volume 35 - Page 198 C UNCIL ME B RS ROLL CALL G�9 �P Motion Motion All Ayes Motion All Ayes Motion All Ayes • Motion All Ayes Motion All Ayes • MINUTES T.. 1.. 1A 1021 INDEX NB /Employes League C -2065 (38) OC /John Wyne Airport (58) Permit (65) Permit (65) Mr. Ziglar responded that, as a member of the Arts Commission, he brought this item to their attention last week, and it was the Commission's feeling that this project was in the scope of the purpose of the Reserve Fund for Cultural Arts. x Following discussion, motion was made to direct staff to prepare a Budget Amendment in the amount of $10,000 from the Cultural Promotion Fund for placement on Council agenda for July 27. x Substitute motion was made to continue this item to July 27. 4. A report from the NEWPORT BEACH EMPLOYEES LEAGUE CONCERNING SALARY ADJUSTMENTS FOR 1981/82, was presented. Ed S. Burt, President, Newport Beach Employees .League, addressed the Council, and read a prepared statement in behalf of their request. x The Newport Beach League's Survey request was referred to the Management Negotiating Team for report back. 5. Proposal by Council Member Hummel to RESCIND JOHN WAYNE AIRPORT EXPANSION POLICY OF THE CITY OF NEWPORT BEACH, was presented. x The subject proposal was referred to the Aviation Committee for report back on July 27. K. ADDITIONAL BUSINESS: x 1. STREET CLOSURE PERMIT FOR NEWPORT CREST HOMEOWNERS ASSOCIATION FOR JULY 18, 1981, COMMENCING AT 10:00 A.M., was approved. x 2. STREET CLOSURE PERMIT FOR BALBOA ISLAND IMPROVE - MENT.ASSOCIATION FOR JULY 25, 1981, FROM 6:00 to 10:00 P.M., was approved. The meeting was adjourned at 12:16 a.m., to 3:00 p.m., Thursday, July 23, 1981, for closed session on person- nel matters. May ATTEST: - City Clerk I Volume 35 - Page 199 INDEX NB /Employes League C -2065 (38) OC /John Wyne Airport (58) Permit (65) Permit (65)