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HomeMy WebLinkAbout08/24/1981 - Regular MeetingC U ME B RS s ?ice ROI I CAI I CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: August 24, 1981 MINUTES - - INUr-A Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meetings of All Ayes August 10, and 13, 1981, was waived, approved as Qtion written, and ordered filed. 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 public hearing regarding PW /Sewers APPEAL OF CARL ARTHOFER from the decision of the Arthofer Public Works Department with respect to a contract Appeal for reimbursement of cost of constructing sewer (79) main pursuant to Section 14.32 of the Newport Beach Municipal Code. A report.from the Public Works Department, was presented. Two letters from the Appellant regarding the Sewer Cost Reimbursement Contract and in response to the memorandum from the Assistant City Attorney, were .presented. Anthony Russell, 366 San Miguel Drive, Attorney for the Appellant, addressed the Council stating he felt there was a misinterpretation on the part of the staff of Section 14.32 of the Municipal Code. He stated he felt it would be most inequitabl to reimburse Mr. Arthofer for less than the formula • set forth by Newport Beach Municipal Code Section 14.32. The reason for this is that over eight years ago Mr. Arthofer invested over $18,700 in a public service project. This money was invested at no interest and the only reimbursement procedure available is Municipal Code Section 14.32, which clearly sets forth an area reimbursement formula. Tom Thomas, Contractor for Mr. Haskell, owner of property just easterly of Mr. Arthofer's develop- ment, stated that Mr. Haskell is in the process of constructing a new residence, and if he cannot be allowed to connect to the sewer constructed by Mr. Arthofer, other alternatives were available which he explained. Hearing no others wishing to address the Council., the public hearing was closed. Motion x Upheld determination of Public Works Director All Ayes regarding distribution of sewer reimbursement costs. Volume 35 - Page 236 • COUNCIL MEI • • Motion Ayes Noes is x x x CITY OF NEWPORT BEACH MINUTES August 24, 1981 2. Mayor Heather opened the public hearing and City Council review of an APPEAL BY JAMES R. HARRIS, A.I.A., Newport Beach, from the decision of the Planning Commission on July 9, 1981, approving USE PERMIT NO. 2001, which would allow construction of a three -story medical office building to be located at 350 North Newport Boulevard, on the southerly corner of North Newport Boulevard and Beacon Street, adjacent to Newport Heights; zoned C -1 -H. A report from the Planning Department, was pre- sented. Petition opposing Use Permit No. 2001, was pre- sented. Correspondence from Robert F. and Jane E. McGiffin dated August 10 and 17, 1981, was presented. Dennis Smith, representing Independent Developers, 15435 Jeffrey Road, Irvine, addressed the Council in support of the request. He displayed render- ings of the proposed building, stating he felt the design was attractive, and that the facility would be very useful. The following persons addressed the Council, re- questing they uphold the decision of the Planning Commission: Al Beasley, representing his mother who resides at 337 Holmwood Drive; LuAnn Baker, 413 Holmwood Drive; Gary Eicherman, 3112 Broad Street; Tom Misterly, 432 Holmwood Drive; and Pat Strang; 351 Catalina Avenue, representing Newport Heights Community Association. Hearing no others wishing to address the Council, the public hearing was closed. Sustained decision of Planning Commission. 3. Mayor Heather opened the public hearing and City Council review of the Planning Commission's ap- proval on July 9, 1981, of USE PERMIT NO. 1994, a request of the RMA ARCHITECTURAL GROUP, INC., Costa Mesa, to permit the construction of an office - laboratory addition and related parking structure (with automobile parking on the roof) that exceed the basic height limit within the 32/50 foot Height Limitation District, and the acceptance of an Environmental Document. Also requested was a modification to the Zoning Code since a portion of the required off - street parking spaces are compact spaces. The project will be located at 500 Superior Avenue (Hughes Aircraft Company), on the southeasterly side of Superior Volume 35 - Page 237 UPJ2001 Harris Appeal (88) UP/ 1994 RMA Arch /Grp & Tfc Stdy (88) CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s � o ROLL CALLS n� August 24. 1981 iwnry Avenue between Dana Road and Industrial Way, UP /1994 adjacent to the West Newport Triangle, zoned M -1- A, AND • A request to consider a TRAFFIC STUDY for the proposed 110,000 sq. ft. + office - laboratory addition to the Hughes Aircraft Company facilities to be located at 500 Superior Avenue. A report from the Planning Department, and Supple- mental Report, were presented. Scott Walker, Manager, Hughes Aircraft facility, Newport Beach, addressed the Council and stated they have been a resident - company of the City for 23 years, and are a critical supplier of electron- ics important to military preparedness. He stated that they do concur with the 45 conditions recom- mended by the Planning Commission, and urged the Council to sustain its decision. He indicated that they were willing to bond their fair share of improving Superior Avenue /Pacific Coast Highway. The following persons addressed the Council in opposition to the granting of the subject Use Permit: Loren Greeley, 16 Swift Court, represent- ing the Board of Directors, Newport Crest Home- owners Association, and Margot Skilling, 6610 W. Ocean Front. Burt Elliott, 1895 Newport Boulevard, Costa Mesa, . representing RMA Architectural Group, addressed the Council, and explained various drawings on display. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss referred to Exhibit "A" (Page 7, Item c), wherein a disclosure statement for John Wayne Airport was set forth stating "The City of Newport Beach may continue to oppose additional commercial air service expansions at John Wayne Airport." Council Member Strauss stated he felt the language was very limp and the word "may" should be re- placed by the word "will" or "shall." Motion x Sustained decision of Planning Commission. Ayes x x x x x Noes x x Volume 35 - Page 238 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES yG �y tP Rnl CAI Sn .0 August 24. 1981 - [FunFY 4. Mayor Heather opened the public hearing and City UP /2000 Council review of the Planning Commission's ap- Sproul proval on July 9, 1981, of USE PERMIT NO. 2000, a Appeal request of HAROLD R. SPROUL, Corona del Mar, to (88) permit the construction of a two -unit residential • condominium project and related garage spaces on property located at 411 Dahlia Avenue, on the northwesterly side of Dahlia Avenue between First Avenue and Bayside Drive in Corona del Mar; zoned R -2, AND Public hearing and City Council review of the Resub 690 Planning Commission's approval on July 9, 1981, of RESUBDIVISION NO. 690, a request of HAROLD R. SPROUL, Corona del Mar, to create one parcel of land for residential condominium project on prop- erty located at 411 Dahlia Avenue, on the north- westerly side of Dahlia Avenue between First Avenue and Bayside Drive in Corona del Mar; zoned R -2. A report from the Planning Department, was pre- sented. Harold R. Sproul, Applicant, addressed the Council in support of his request. He stated that he had spent a considerable amount of money in develop - ing the property and would like to proceed and complete the project. In addition, he has met all the requirements of the code. •Hearing no others wishing to address the Council, — the public hearing was closed. Motion is Sustained decision of Planning Commission. All Ayes Motion x Planning Commission directed to forward all demo- lition projects which would be replaced by new condominium development to the City Council for final approval. It was indicated this could be an item for discus- sion when the City Council reviews the new Housing Element, and following comments by Mayor Pro Tem Hart and Council Member Maurer, Council Member Strauss withdrew his motion. 5. Mayor Heather opened the public,hearing on the Resub 569 VACATION AND ABANDONMENT OF A WATER FACILITIES (84) EASEMENT IN PARCEL 1 OF PARCEL MAP 133 -14, 15 (RESUBDIVISION NO. 569) located at the southeast- erly corner of Bayside Drive and Marine Avenue. A report from the Public Works Department, was presented. Volume 35 - Page 239 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES G ROLL CALL �+� 9 August 24, 1981 INDEX Hearing no one wishing to address the Council, the public hearing was closed. Motion x Adopted Resolution No. 11014 ordering the vacation R -11014 All Ayes and abandonment of a water facilities easement subject to reservation of a portion of said ease- ment (southeasterly corner of Bayside Drive and Marine Avenue, DWG. R/W 5445 -L in connection with Resubdivision No. 569; and directed the City Clerk to have the resolution recorded by the Orange County Recorder. 6. Mayor Heather opened the public hearing and City UP /2006 Council review of an APPEAL BY MICHAEL D. RAY, Ray Appeal Corona del Mar, from the decision of the Planning (88) Commission on July 9, 1981, approving USE PERMIT NO. 2006, a request to establish a restaurant facility with on -sale beer and wine in an existing building, located in the C -1 District, which maintains an existing use permit for the parking of automobiles on the roof. Property located at 3840 East Coast Highway on the northerly side of East Coast Highway between Hazel Drive and Seaward Road in Corona del Mar. A report from the Planning Department, was pre- sented. The City Clerk advised that after the printing of the agenda, she had received letters from the following persons opposed to the granting of Use Permit No. 2006: Lindsay Lane, 412 Hazel Drive; Mr. and Mrs. Mel J. Grandinette, 418 Hazel Drive; • and Almarine A. Welcome, 422 Hazel Drive. Michael D. Ray, 408 Hazel Drive, Appellant, ad- dressed the Council and advised that since the filing of the appeal, he and the applicant had reached an agreement which consists of five (5) conditions as set forth in his letter of August 10, 1981. The purpose of the agreement was to have an enforcement mechanism in the event of a new restaurant owner. He feels the Japanese Sushi Bar Restaurant will be an asset to the community. David Potter, Attorney representing the applicant, Mitsuo Ueno, stated that his client will comply with the objections raised by Mr. Ray, in order to protect Mr. Ray, should there be a change in ownership. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Following discussion with respect to Condition Ayes x x x x x x No. 2, which states that the applicant will place Noes x a floodlight on the restaurant property which will light up the slope separating Mr. Ray's home from the restaurant, motion was made to sustain the decision of the Planning Commission, with the • Volume 35 - Page 240 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s �'O ti s RAI I CGI I n9 August 24, 1981 iuncv provision that the subject five (5) conditions be made part of said approval, and that Condition No. 2 be revised to reflect that the applicant shall investigate the feasibility of illuminating • the slope, provided it would not be detrimental to the peace, safety, comfort and general welfare to the remaining users in the area. 7. Mayor Heather opened the public hearing regarding GPA 181 -1 GENERAL PLAN AMENDMENT 81 -1, a request to amend (45) the Newport Beach General Plan for the Banning - Newport Ranch Planned Community, and the accep- tance of an ENVIRONMENTAL DOCUMENT. Property located northerly of West Coast Highway and ap- proximately 360 ft. westerly of Superior Avenue in the West Newport area; AND AMENDMENT NO. 1 TO THE LOCAL COASTAL PROGRAM, a LCP /Amnd 1 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 NO. 561, a request initiated by BEECO, Amnd 561 Ltd., Newport Beach, and the Newport -Mesa Unified School District, to establish a Planned Community Development Plan and Development Standards for the Banning - Newport Ranch Planned Community; • AND TRAFFIC STUDY, initiated by BEECO, Ltd., Newport Tfc Study/ Beach, and the Newport -Mesa Unified School Dis- Beeco & trict, to consider a Traffic Study for the Npt -Mesa Banning- Newport Ranch Planned Community. Schl Dst A report from the Planning Department, was pre- sented. -A report from the Transportation Plan Citizens Advisory Committee regarding development of 15th Street in conjunction with General Plan Amend- ment 81 -1, was presented. The City Manager advised that, with the consent of the Applicant, the recommendation is to open the public hearing and continue to September 14, 1981. Motion x Hearing no one wishing to address the Council, motion was made to continue the hearing to September 14, 1981. Motion x Substitute motion was made to continue the hear - Ayes x x x x ing to September 28, 1981. Noes x x x • Volume 35 - Page 241 CITY OF NEWPORT BEACH C UNCIL ME MB RS MINUTES ROLL CALL �tP� 9 August 24, 1981 INDEX E. PUBLIC COMMENTS: ' 1. Jim de Boom, Executive Secretary of the Young Mena' Revenue Christian Association, addressed the Council re- Sharing/ garding his previous request that consideration (40) • be given to setting aside 10% of the Federal Reve- nue Sharing Funds to provide essential human services, and that a committee be appointed con- sisting of the Police Chief, Parks, Beaches and Recreation Director, two Council Members, and a representative of the City Manager's office, to review proposals received from community based organizations for financial assistance in provid- ing Newport Beach residents these services. There being no objections, staff was directed to review the subject proposal and report back. 2. Susie Ficker, 110 -9th Street, Balboa, addressed the City Cncl Council and began to read a prepared statement (33) addressed to Mayor Pro Tem Hart relative to Mayor Pro Tem Hart's possible support of General Plan Amendment No. 80 -3. Mayor Heather ruled Ms. Ficker out of order, point- ing out that the public hearing on General Plan Amendment No. 80 -3 had been closed. In addition, the Mayor stated that "Public Comments" are intend- ed for nonagenda items only. Motion x F. CONSENT CALENDAR: All Ayes The following actions were taken as indicated except for • those items removed: 1. ORDINANCES FOR INTRODUCTION: For introduction and schedule Public Hearing on September 14, 1981: (a) Removed from the Consent Calendar. (b) Proposed Ordinance No. 1885, being, AN ORDI- 0-1685 NANCE OF THE CITY OF NEWPORT BEACH AMENDING A Zone Amnd PORTION OF DISTRICTING MAP NO. 50 FROM THE R -A (94) DISTRICT TO R -1 -B DISTRICT, PLANNING COMMISSION AMENDMENT NO. 563, a request initiated by the City of Newport Beach, to amend a. portion of Districting Map No. 50 from the R -A District to the R -1 -B District. Property being a portion of Block 93 of Irvine's Subdivision, located southerly of San Joaquin Hills Road between MacArthur Boulevard and San Miguel Drive. (A Report from the Planning Department) Volume 35 - Page 242 • CITY OF NEWPORT BEACH C aG ,U�� N CS y I, L Ps � MyJE � + 9 S Aupust 24. 1981 MINUTES Rnl I r 1Nni7v 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11015 summarily vacating and Big Canyon abandoning an access easement to Big Canyon Rsvr /easmt Reservoir (DWG R/W - 5444 -L). (A report from R -11015 the Public Works Department) (90) (b) Removed from the Consent Calendar. (c) Resolution No. 11016 authorizing the Mayor and Temple Bat City Clerk to execute a License Agreement Yahm /Resub between the City of Newport Beach and Temple 611/R -11016 Bat Yahm in connection with construction of (84) nonstandard sidewalks per Resubdivision No. 611. (A report from the Public Works Depart- went) (d) Resolution No. 11017 establishing the salaries Temp /Seas of temporary and seasonal classes for the Salaries 1981 -82 fiscal year and amending the compen- R -11017 sation plan and table of authorization to (66) reflect said changes and rescinding Resolu- tion No. 9830. (A report from the Personnel Department w /resolution) (e) Resolution No. 11018 approving a Subdivision Resub 687 Agreement guaranteeing completion of the R -11018 public improvements required by Resubdivision (84) No. 687 and authorizing the Mayor and City Clerk to execute the agreement. (A report from the Public Works Department) • (f) Resolution No. 11019 awarding a contract (No. C -2197) to All American Asphalt in connection Resurf /JamRd R- 11019 with resurfacing Jamboree Road. (A report C -2197 from the Public Works Department) (38) (g) Resolution No. 11020 authorizing the Mayor and Bayside Sq/ City Clerk to execute a License Agreement Resub 569 between the City of Newport Beach and Bayside R -11020 Square Office Building in connection with (84) construction of nonstandard sidewalks per Resubdivision No. 569. (A report from the Public Works Department) (h) Resolution No. 11021 summarily vacating and SD /Easmt abandoning a storm drain easement over a CdM portion of Block 0-33, Corona del Mar tract. R -11021 (A report from the Public Works Department) (90) (i) Resolution No. 11022 authorizing the City Beacon Bay Manager and City Attorney to execute a Consent Residential to Assignment of Agreement to Lease - Beacon lots /R -11022 Bay Residential Lots. (A report from the C /Mgr Lease City Attorney w /resolution) File11135.1 (j) Resolution No. 11023 supporting public library Public Lib/ funding SB358. (A report from the Library) Fndg /R -11023 (50) Volume 35 - Page 243 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s �.o RAI C61 Je a „o „cr 9L lust, INt1FY (k) Resolution No. 11024 authorizing the Mayor Tandowsky/ and City Clerk to execute an agreement with Fstvl Arts Jean Tandowsky for publicity services in 1982/R -11024 connection with the 1982 Newport Beach City C -2233 Arts Festival. (A report from the Parks, (38) Beaches & Recreation Department) (1) Resolution No. 11025 approving an Agreement Litter Clnup with the County of Orange for a Litter Clean- Prog /R -11025 up Program: (A report from the Litter Control C-2246 Committee) (38) (m) Resolution No. 11026 approving a Subdivision Resub 629 Extension Agreement between the City of R -11026 Newport Beach and Daon Corporation, guarantee (84) ing completion of public improvements regard- ing Resubdivision No. 629 and authorizing the Mayor and City Clerk to execute said exten- sion agreement. (A report from the Public Works Department) (n) Resolution No. 11027 awarding Contract (No. C Lido Is 2248) to Sully - Miller Contracting Company, in Rsrfcg PhI -II connection with Lido Isle Resurfacing Phase I R -11027 and II and authorizing the Mayor and City C -2248 Clerk to execute said agreement. (A report (38) from Public Works Department) (o) Resolution No. 11028 approving the applica- Bic /Pedes tion for Bicycle and /or Pedestrian Funds Fnds /SB821 authorized under SB 821 and authorizing the R -11028 City Manager or his designated representative (85) to make application for the funds and to act • as the City's contact person. (A report from the Public Works Department) (p) Resolution No. 11029 declaring its intention CATV to hold a public hearing to consider a sep- R -11029 arate custom installation rate for Linda Isle (42) Cable Antenna Television Service. (A report from the Assistant to the City Manager) (q) Resolution No. 11030 approving the applicatio S /Miguel Prk for 1980 State Grant monies for the San R -11030 Miguel Park Development Project. (A report (62) from the Parks, Beaches and Recreation Depart- ment) (r) Resolution No. 11031 approving the formation Sister City of a nonprofit corporation entitled Newport International Beach /Cabo San Lucas Sister City of America R -11031 Corporation and authorizing the Ad Hoc City c2f) Council Sister City Study Committee to apply for and pay membership fees of $250.00 to Sister Cities International. (A report from Ad Hoc City Council Sister City Study Com- mittee) Volume 35 - Page 244 • CITY OF NEWPORT BEACH C \CAL9<< UNCI L s Ms E S MINUTES ROLL Aueust 24. 1981 INf1FY (s) Resolution No. 11032 authorizing the Mayor CA /Fish&Game and City Clerk to execute a Joint Powers Upr Npt Ecl Agreement between the California Department Rs /R -11032 of Fish and Game and the City of Newport C -2280 Beach to conduct excavation in the Upper Newport Bay Ecological Reserve; approve the (38) plans and specifications, and authorize the City Clerk to advertise for bids to be opened at 2:30 p.m., on September 11, 1981. (A report from the Public Works Department) (t) Resolution No. 11033 authorizing the Mayor Mntc Sry Agm and City Clerk to execute a Maintenance OC /NptCLbry Service Agreement with Graycon, Inc., for R -11034 Newport Center Branch Library. (A report C -2284 from the Assistant to the City Manager) (38) (u) Resolution No. 11034 authorizing the Mayor O/C /Cities and City Clerk to execute an Agreement Emerg Mgm between the County of Orange and the City of Agreement Newport Beach in connection with the Unified R -11034 Orange County/ Cities Emergency Management C -2285 Agreement. (A report from the Assistant to (38) the City Manager) 3. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To the Pending Legislation and Procedural Resolutions Ethics Committee, resolutions from the City (77) of Anaheim regarding the following: • (1) Resolution 81R -364, urging support for legislation permitting the Public Employees Retirement System Board of Administration to reimburse local agencies for all the costs of wages and benefits paid to members of the Board of Administration by the local agencies. (2) Resolution 81R -365, reaffirming support for SB 680 and urging the Orange County Division of the League of California Cities to adopt a resolution reaffirming its posi- tion of support for this legislation. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Matthew Gemmill, expressing appreciation to Council for its action relative to De Anza Bayside Village Mobilehome zoning. (b) Margaret Howland, expressing concern over helicopter noise. (c) City of Vallejo resolution supporting Clayton Moore, the Lone Ranger, in his effort to regain his right to wear the traditional mask as part of his costume at public affairs. • Volume 35 - Page 245 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9 9 G -s s ROLL CALL �� August 24, 1981 INDEX (d) Orange County Division -League of California Cities: Notice of August 13, 1981 Meeting, Minutes of June 18, 1981, and transmitting copy of Anaheim's resolution requesting the Legislature to propose an amendment to the • Constitution relating to Taxation. (e) Orange County - Local Agency Formation Com- mission: Preliminary Agenda for August 12 and 26, 1981, and Minutes of July 8 and 22, 1981. (f) Orange County - Board of Supervisors: Agen- das for July 28, 29, and August 4, 5, 11, 12, 18 and 19, 1981. (g) Airport Land Use Commission for Orange County - Special Discussion Session (Heliports and Helicopter Activity in Orange County) of July 16; and Notice of Meeting for August 20, 1981. (h) Resolution No. 2161 from the City of Westmin- ster endorsing the concept of Local Control of Cable Television Franchises and Supervi- sion of such Franchise operations. (i) Letter from Al "King Alfonso" Lizanetz regard7 ing his campaign to combat hereditary dis- seases, and soliciting the assistance of the Reagan Administration. (j) Minutes of the Friends of Oasis Board Meeting of July 20, 1981. 5. CLAIMS FOR DAMAGES: (36) For denial and confirmation of the City Clerk's referral to claims adjuster: (a) John Patrick Galvin for personal injuries Galvin allegedly sustained from arrest on June 30, 1981. (b) Scott Duane Mallory for personal injuries Mallory allegedly sustained from arrest on June 30, 1981. (c) Kirk Sampson for property damage as a result Sampson of collision with City vehicle on July 4, 1981. (d) David Van Dyke for personal injuries alleged- Van Dyke ly sustained from arrest on May 22, 1981. (e) Sarilda R. Earl for property damage as a Earl result of incident involving City mower - tractor on July 23, 1981. Volume 35 - Page 246 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES tiG RAI I CAI I � tp� August 24. 1981 iuncv (f) Craig Harlan Fairbanks for personal injuries Fairbanks and property damage as a result of collision with City street sweeper on July 1, 1981. (g) Kathleen Perez for property damage as a Perez • result of City Fire truck damage to tier car, while making a left turn on May 30, 1981. (h) Craig L. Stevenson for property damage as a Stevenson result of City vehicle allegedly rear- ending claimant's vehicle on July 3, 1981. (i) Aetna Insurance Company for property damage Aetna Ins/ to their vehicle driven by client Jeannie Minor Minor, allegedly backed into by City trash vehicle on May 19, 1981. (j) Marion A. Powell for property damage, alleg- Powell ing that City vehicle backed into her vehicle on July 16, 1981. (k) Noreen Goodman for alleged personal injuries Goodman as a result of police arrest on May 31,1981. (1) Robin Elise Burns for alleged personal in- Burns juries as a result of police arrest on May 31, 1981. (m) Irene Densmore for property damage, alleging Densmore City truck backed into claimant's vehicle on June 15, 1981. (n) Patrick S. Berry for property damage when Berry claimant's vehicle involved in collision with City truck on August 4, 1981. (o) Michael A. Swenson for personal injuries Swenson allegedly sustained from fall from lifeguard station on May 18, 1981. For rejection - Not timely filed: (p) Late claim of David A. Finch for property Finch damage alleging City refuse department mistakenly took small trash container with trash pickup on March 17, 1981. (q) Late claim of Jimmie E. McDonald for person- McDonald al injuries sustained from alleged faulty slide on November 2, 1980. 6. SUMMONS AND COMPLAINTS - None. (36) 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager, dated August 10, 1981) (a) Two Library Clerk I - Library Department. • Volume 35 - Page 247 • • • t � j MINUTES t 24. 1981 (b) One Library Clerk II - Library Department. (c) Two Laborers - General Services Department. (d) Two Building Inspectors I - Building Depart- ment. (e) One Equipment Mechanic II - General Services Department. (f) Two Maintenance Men II- General Services Department. (A report from the City Manager, dated August 24, 1981) (a) One Emergency Equipment Dispatcher, Police Department. (b) One Police Clerk, Police Department. (c) Two Police Officers, Police Department. (d) One Animal Control Officer, Police Depart- ment. (e) One Library Clerk I, Library Services Department. (f) One Firefighter, Fire Department. (g) Two Groundsman- Gardeners II, Park Division. (h) One Parking Meter Serviceman I, Public Works Department. (i) One Purchasing Agent, Finance Department. 8. STAFF AND COMMISSION REPORTS - For information and approval: (a) Removed from the Consent Calendar. (b) Report from the City Manager regarding PRO- POSED AMENDMENT TO COUNCIL POLICY A -4, "BOARDS AND COMMISSION APPOINTMENTS." (c) Report from the City Manager regarding TELE- VISION LIGHTING FIXTURES FOR CITY COUNCIL CHAMBERS. (See Budget Amendment No. 019) (d) A report from the Parks, Beaches and Recrea- tion Director regarding Approval of EXPENDI- TURE FROM CAPITAL OUTLAY SURPLUS. (e) A report from the Parks, Beaches and Recrea- tion Director regarding NEW RECREATION PROGRAM - 1ST ANNUAL WAITER OLYMPICS. (f) A report from the Parks, Beaches and Recrea- tion Director regarding ANNUAL SURFING CONTEST. Volume 35 - Page 248 Cacl Pcly (69) City Adm. (35) PB &R (62) PB &R (62) PR &R (62) CITY OF NEWPORT REACH C UNCIL ME 8 RS MINUTES A G Rnl I rill Sn� A A.. ..e♦ W. 1Qa1 unry - -- - -- _ --- - -> - -- (g) Reports from the Budget Committee and Fire 0/C Aid Chief Reed, regarding AUTOMATIC AID AGREEMENT Agmt WITH ORANGE COUNTY. (41) (h) A report from the Aviation Committee regard - JWyn Arpt/ • ing FEASIBILITY STUDY /SHUTTLE BUS SERVICE Shuttle FROM JOHN WAYNE AIRPORT. (58) (i) A memorandum from the 75th Anniversary Com- 75th Anv/ mittee regarding REVIEW OF APPLICATION FOR Apl /Events 75TH ANNIVERSARY EVENTS. (65) (j) Removed from the Consent Calendar. 9. PUBLIC HEARING SCHEDULING: None. 10. WATER MAIN IN WEST NEWPORT (C -2275) - Approve the Wtr Main/ plans and specifications for the subject project; WNpt and authorize the City Clerk to advertise for bids C -2275 to be opened at 11:00 a.m., September 10, 1981. (A (38) report from the Public Works Department) 11. GRAND CANAL BULKHEAD SEALANT (C -2278) - Approve Grnd Cnl the plans and specifications; and authorize the Blkhd Slut/ City Clerk to advertise for bids to be opened at C -2278 11:00 a.m., September 9, 1981. (A report from the (38) Public Works Department) 12. BUDGET AMENDMENTS - For approval; (25) (a) Reserve for encumbrances - 1980 -81 closing entries: • BA -087, $1,421,780.07 - Transfer in Budget Appropriations to General Fund. BA -088, $6,515.83 - Transfer in Budget Appro- priations to Park and Recreation Fund. BA -089, $30,959.35 - Transfer in Budget Appropriations to Library Fund. BA -090, $59,597.84 - Transfer in Budget Appropriations to Federal Revenue Sharing. BA -091, $24,105.55 Transfer in Budget Appropriations to State Gas Tax (Sec. 2107). BA -092, $42,875.74 - Transfer in Budget Appropriations to State Gas Tax (Sec.2106). BA -093, $1,966.91 - Transfer in Budget Appropriations to Arterial Highway Financing Fund. BA -094, $36,544.92 - Transfer in Budget Appropriations to Tide and Submerged Lands Fund. BA -095, $145,420.50 - Transfer in Budget Appropriations to Contribution Fund. • BA -096, $6,289.00 - Transfer in Budget Appro- priations to John Wayne Sculpture Fund. VAI".. 4i - P.u. 9AQ CITY OF NEWPORT BEACH C aMINUTES s ROLL CALL Ja A August 24, 1981 Ifunry BA -097, $82,185.64 - Transfer in Budget Appropriations to Building Excise Tax Fund. BA -098, $75,615.43 - Transfer in Budget Appropriations to Water Fund. (b) BA -010, $85,000 - Increase in Budget Appro- priations and Revenue Estimates for con- struction of traffic signal at Birch Street and .jamboree Road, (Koll and Irvine Companies to contribute to project ). BA -011, $899,677.67 - Transfer in Budget Appropriations and Increase in Revenue Estimates for in -lieu park fees for Tentative Tract 11377 and set -up reserve. BA -012, $42,460.42 - Transfer in Budget Appropriations for completion in 1981 -82 of uncompleted Capital Improvement projects for which funds were reserved. BA -013, $846,060.00 - Increase in Budget Appropriations for Salary Increases; General Fund. BA -014, $28,070.00 - Increase in Budget Appropriations for Salary Increases; Park & Recreation Fund. BA -015, $95,760.00 - Increase in Budget Appropriations for Salary Increases; Library Fund. • BA -016, $2,150.00 - Increase in Budget Appro- priations for Salary Increases; Water Fund. BA -017, $2,400.00 - Increase in Budget Appro- priations for City's share of insurance for Friends of Oasis. BA -018, $8,000.00 - Increase in Budget Appro- priations and Revenue Estimates for purchase . of literature rack, library shelving, book return bin, display case, 2 chairs, mobile pedestals and rental of children's film, with $8,000 donation from Friends of the Library. BA -019, $3,000.00 - Increase /Transfer in Budget Appropriations and Increase in Revenue Estimates for purchase of cable television lighting fixtures for City Council Chambers. (Teleprompter is donating one -half of the cost) BA -020, $257,700.00 - Increase in Budget Appropriations for Salary increases; General Fund. BA -021, $81,000.00 - Increase in Budget Appropriations for salary increases; Park and Recreation Fund. • Volume 35 - Page 250 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9 � S '9 Pnl I CAI I Gso A August 24. 1981 lmnr*Y BA -022, $60,725.00 - Increase in Budget Appropriations for salary increases; Water Fund. • BA -023, $10,000.00 - Transfer in Budget Appropriations for manufacture and installa- tion of 650 signs and posts for Central Newport area; General Services - Traffic Signs & Markings Fund. BA -024, $9,950.00 - Increase in Budget Appro- priations for planting of specimen trees along Jamboree Road through donations from the private sector; Parks, Beaches and Recreation - Parks, Parkways, etc. Fund. BA -025, $9,500.00 - Increase in Budget Appro- priations for additional funds to cover price increase for budgeted fire pumper; Building Excise Tax Fund. BA -026, $1,105.00 - Increase in Budget Appro- priations for Maintenance Service Agreement; Library Fund. BA -027, $44,430.00 - Increase in Budget Appropriations and Revenue Estimates for 1981 -82 75th Anniversary Budget; 75th Anni- versary Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: y on x 1. Proposed resolution establishing the rate of 22� Personnel/ A*Ayes per mile for use of personal automobiles on City Mlg Reimb business, was deferred to September 14, 1981 (66) Council meeting for additional information from the staff. Motion x 2. Proposed ordinance pertaining to the Use of Fire Code All Ayes Barbeques and Braziers on Ocean Front Beaches, (41) was tabled. The following correspondence was received and filed: Letter from West Newport Beach Association in opposition to the proposed ordinance; letter from L. Morgan, Corona del Mar, regarding sugges- tions for BBQ cooking in nonrestricted beach areas. Motion x 3. Request of T. L. Kistinger for "No Parking" and Signs /Trf All Ayes "No Littering" signs in the 2600 block of Ocean (81) Boulevard, was referred to the Traffic Department. It was also indicated that the other items of concern set forth in the subject letter would be investigated by the appropriate departments. Motion x 4. Report from the City Manager regarding the Volun- Vol /Action All Ayes tary Action Center Headquarters at 1714 W. Balboa Center . Boulevard, was approved as recommended. C -1691 (38) • In addition, staff was directed to review all City -owned facilities in terms of long -range needs and report back at a future study session. Volume.35 - Page 251 L Motion M00on A No s Motion All Ayes • x x Motion Noes lxlxlxlxlxlxl Ayes x x • MINUTES 24, 1981 5. Motion was made to refer report from Aviation Com- mittee concerning Council Policy B -1, Orange County Airport, to the Ad -Hoc Aviation Committee for study. Motion was amended to place subject report on September 28 study session agenda. H. ORDINANCES FOR ADOPTION: - None. I. CONTINUED BUSINESS: 1. Newport Beach Employees League regarding CONTRACT NEGOTIATIONS FOR FISCAL YEAR 1981 -82. A report from the Personnel Department, was pre- sented. Resolution No. 11035 was adopted, approving the Memorandum of Understanding negotiated by repre- sentatives of the Newport Beach Employee's League and the City's representatives. 1 -A. GENERAL PLAN AMENDMENT 80-3, a request initiated by the City of Newport Beach to amend the Land Use, Residential Growth, and Recreation and Open Space Elements of the Newport Beach General Plan and the acceptance of an Environmental Document. Petitions from Newport Center Association bearing 45 additional signatures in favor of General Plan Amendment 80 -3, were presented. Letters from Coline M. Gibbons, La Verne McCullough and Terrence A. Mazura opposing the approval of General Plan Amendment 80-3 unless completion of Pelican Hill and San Joaquin Hills Roads are accomplished first, were presented. Letter from The Irvine Company concerning airport position, and Pelican Hill /San Joaquin Hills Roads, was presented. Report from the Planning Department concerning Cost /Revenue Impacts, was presented. The City Clerk reported that after printing the agenda, she had received additional letters per- taining to General Plan Amendment 80 -3, from the following: Fasseros International Cookware, Rothschild Cheese and Wine, Corona del Mar Commu Association, Corona del Mar Chamber of Commerce, and Business Property Association. Council Member Cox stated that the Council had considered this item at a very late hour at their last meeting and heard three motions, all express- ing different Council Members' views. It appeared to him that there was some confusion because of the different points of view, and therefore moved to withdraw his motion. Council Member Maurer stated that he had prepared a motion in written form which he.distributed and read as follows: Volume 35 - Page 252 0 /C -JWyn Arpt (58) NBEmpl /Leag FY81 -82 C -2065 (38) R -11035 GPA 80 -3 (45) CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES yG� yq�9s��G� � � ti 9G ROLL CALL �+9 A August 24 1981 INDEX Motion x "Motion 80 -3 - I move that the staff be directed to GPA 80 -3 prepare the necessary resolution and documents to be placed on the next City Council agenda, with said resolution and documents 1) incorporating the results of this motion; 2) certifying the final • environmental impact report; 3) incorporating the Statement of Facts and overriding considerations; 4) listing the mitigation measures to be incorpo- rated into the project; and 5) approving the amend- ments to the land use, residential growth, and recreation and open space elements of the Newport Beach General Plan; all as follows: lei. Avocado /MacArthur A. Allow the construction of 100,000 sq. ft. of office space. B. Allow the construction of the Orange County Transit District transit facility. C. Conditions for allowed construction are as follows: 1. Existing views will be pre- served by applying the'provi- sions of the Civic Center height plane across the site. 2. The Orange County Transit Dis- trict facility will be located in the approximate vicinity of • San Nicholas Drive extended. 3. All utilities shall be under- grounded in conjunction with circulation system improvements 4. There shall be no internally illuminated signs facing MacArthur. 5. That all mitigation measures listed in attachment No. 7 relating to this site shall apply. " 2. Newport Village A. Allow the construction of 20,000 sq. ft. of commercial for restaurant use B. Allow 208,750 sq. ft. of office space. C. Conditions for allowed construction are as follows: 1. Existing views will be pre- served by applying the pro- visions of the Civic Center height plane.across the site. Volume 35 - Page 253 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALLS G�iP August 24, 1981 INDEX 2. Crown Drive will not be extend- GPA 80 -3 ed across MacArthur Boulevard. 3. Harbor View Drive shall not be • extended across MacArthur Boulevard. 4. All utilities shall be under - grounded in conjunction with circulation system improvements 5. There shall be no internally illuminated signs facing Mac- Arthur. 6. All commercial development shall be subject to a use permit. 7. Mitigation measures listed in Attachement No. 7 relating to this site shall apply. "3. Corporate Plaza West A. Allow the construction of 123,400 sq. ft. of office space. (23,400 sq. ft, cur- rently allowed in existing General Plan.) B. Conditions for allowed construction are as follows: 1. Existing views will be preserved by • applying the provisions of the Civic Center height plane across the site. 2. Mitigation measures listed in At- tachment No. 7 relating to this site shall apply. 914. Pacific Coast Highway Frontage A. Allow construction of 57 residential units. B. Conditions for allowed construction are as follows: 1. Existing views will be preserved by applying the provisions of the height plane across the site. 2. Mitigation measures listed in . Attachment No. 7 relating to this site shall apply. Volume 35 - Page 254 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES t X99 S�9 G ROI L CALL n� 9 August 24. 1981 INDEX Volume 35 - rage 255 115. Pacific Coast Highway /Jamboree GPA 80 -3 A. Allow the construction of 80,000 sq. ft. of office space. • B. Conditions for allowed construction are as follows: 1. Existing views will be pre- served by applying the provi- sions of the height plane across the site. 2. Mitigation measures listed in Attachment No. 7 relating to this site shall apply. "6. Block 900 A. Allow the construction of 10,000 sq. ft. of office space. (No Chang from permitted use in current Gen- eral Plan.) B. Allow the construction of 165 hotel rooms with attendant meeting rooms, lounges and mechanical areas. C. Conditions for allowed construction are as follows: 1. Marriott Hotel will contribute • a negotiated sum of money approved by the City Council towards the construction of circulation system improve- ments. 2. There shall be no restriction on meeting room capacity. 3. Mitigation measures listed in Attachment No. 7 relating to this site shall apply. "7. Block 600 A. Allow the construction of 225,000 sq. ft. of office space. B. Allow the construction of 225,000 sq. ft. of residential use. C. Allow the construction of a 300 - room hotel plus 100 residential units to be constructed in conjunc- tion with the hotel. D. Conditions for allowed construction are as follows: • 1. Mitigation measures listed in Attachment No: 7 relating to this site shall apply. Volume 35 - rage 255 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES •9 G s s ROLL CALL `piP A Au ust 24 1981 INDEX 118. General GPA 80 -3 A. The adoption of General Plan Amend- ment 80 -3 is without prejudice to the approval or disapproval'of an • 80,000 sq. ft. medical office build- ing in Block 400, which is under process in General Plan Amendment 81 -2. B. Commercial development intensities may be transferred from one site to another, subject to Planning Commission and City Council approval and adequate environmental docu- mentation. C. 145 'floating' residential transfer units shall be permitted with no specific location identified, pro- vided that specific location re- ceives review and approval of the City Council. D. Each environmental document for future development in Newport Center shall evaluate the potential for an urban storm water runoff facility, such as a 'holding lake' to intercept runoff. E. The increased City revenues generat • ed by development pursuant to 80 -3 shall be considered by the City Council for placement each year into an airport growth control fund. F. The City shall establish a fund and equitable building assessment con- sistent with that which was done for the Jamboree noise wall to be used for sound walls along Pacific Coast Highway to shield Irvine Terrace from noise. G. Future development (except Marriott will be required to pass the City's Traffic Phasing Ordinance (Munici- pal Code 15.40). H. The City Attorney will prepare for Council review the enabling legis- lation necessary for the City to enter into development agreements. It is the intention of the Council to formalize in a development agree ment the obligations, conditions and elements outlined in 80 -3. Volume 35 - Page 256 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES G ROE[ CALL n� A August 24, 1981 INDEX I. The Irvine Company agrees that John GPA 80 -3 Wayne Airport is not the place to serve a significant portion of the air traffic demand of Orange County and will advocate only limited • improvement to the airport terminal to alleviate the current over- crowding and lack of service facil- ities pending review of alternate airport sites and financing mechan- isms. Because alternatives to John Wayne Airport must be found, The Irvine Company strongly commits itself to support actively the location selection and development of a regional airport site as a means of mitigating increases in air and surface traffic in the greater Newport Beach area. '9. Phasing A. 225,000 sq. ft. of office, and 300 - room hotel plus 100 residential units (Block 600) and 165 additional hotel rooms in the Marriott Hotel are permitted in Phase 1. B. Circulation improvements and condi- tions of Phase I development are: • 1. Implement transportation management plan. 2. The 'committed' roadway and intersection improvements con- sisting of Irvine Avenue /Uni- versity Drive; Bristol St. North /Campus; Bristol St. South /Campus; Birch /Bristol North; Campus /MacArthur; Campus /Jamboree; Jamboree/ MacArthur; Bristol North /Jam- bores; Jamboree /Bison; Jambo- ree /Ford; Jamboree /San Joaquin Hills Road; Jamboree /Santa Barbara; Jamboree /Coast High- way; Jamboree Road /Backbay to Santa Barbara; Jamboree Road/ Ford to Bison; Jamboree Road north of Bison; Avocado from Coast Highway to San Miguel; San Miguel from Avocado to San Joaquin Hills Road; MacArthur Boulevard from Ford Road to Bison; MacArthur Blvd. north of Bison; Ford Road /Jamboree to MacArthur; Bison /Jamboree to MacArthur; Fast Bluff Drive /Jamboree Road to Mac- • Arthur, shall be completed. Volume 35 - Page 257 L CITY OF NEWPORT BEACH August 24, 1981 MINUTES Volume 35 - Page 258 GPA 80 -3 3. The following additional road improvements shall be re- quired: • Back Bay Drive between Pacific Coast Highway and Jambotee - $400,000; construct Avocado/ MacArthur couplet - $2,600,000; construct third lane /west side Jamboree Road from Coast Highway to San Joaquin Hills Road - $1,000,000; offer of dedication of The Irvine Company's interest in right - of -way for Pacific Coast Highway from Bayside to MacArthur ($2.4M) - 0; Total - $4,000,000. 4. It is agreed that construction be commenced on the following roads no later than construc- tion of the office building in Phase 1, Block 600: Pelican Hill Road from Pacific Coast Highway to Bonita Canyon Road; Bonita Canyon Road widenei from Pelican Hill Road to Mac- Arthur Blvd.; San Joaquin Hills Road extending from its terminu, to Pelican Hill Road. ($19.4 • Million estimated cost) Commencement of construction shall mean award of a contract which includes the roadway grading, roadway drainage, and at ,least two lanes of paving to arterial highway geometric standards with adequate passing lanes. If construction of Pelican Hill Road from Pacific Coast Highway to Bonita Canyon Road, widening of Bonita Canyon Road from Pelican Hill Road to MacArthur Boulevard, and extension of San Joaquin Hills Road from its terminus to Pelican Hill Road has not commenced prior to the time a building permit is re- quested for the 225,000 sq. ft. office building in Block 600, issuance of the building permit shall not be issued if the City Council finds that: (1) The Irvine Company has not used its best efforts to obtain necessary approvals • for commencement of con- struction of the improve - ments; and Volume 35 - Page 258 GPA 80 -3 CITY OF NEWPORT REACH C UNCIL MEMB RS MINUTES s 1 �ti9 ROLL CGLI �o �A Airvust 24. 19R1 (2) Taking into account the GPA 80 -3 effects of the Transporta- tion Management Plan, occupancy of the office • building will cause or make worse an unsatisfactory level of service on Pacific Coast Highway through Corona del Mar under the standards of Newport Beach Municipal Code Section 15.40 (Traffic Phasing Ordinance). Commencement of construction shall mean award of a contract which includes the roadway grad ing, roadway drainage, and at least two lanes of paving to arterial highway geometric standards with adequate passing lanes. C. Phase II development shall per - mit all other development allowed within 80 -3 with follow- ing conditions: 1. Prior to the issuance of building permits a 20% reduction shall be achieve in peak hour traffic from • projected EIR traffic numbers. 2. Prior to the issuance of building permits, construc- tion shall be completed on Pelican Hill Road, Bonita Canyon Road, and San Joaquin Hills Road as described in No. 9.B.4. 3. The following roadway improvements, therefore, will be required: Add west bound through lane on Pacific Coast Highway between bridge and Bayside - $200,000; Add south bound left -turn lane on Jamboree Road at Ford - $100,000; Construct third travel lane both directions, MacArthur Blvd. from couplet to Ford Road - $3,000,000; Con - struct third travel lane on MacArthur from Ford Roa to University Drive (east • side, does not include curbs, gutters, sidewalks) - $800,000; Construct two Volume 35 -.Page 259 CITY OF NEWPORT BEACH C \�k MEMB RS MINUTES Rni I CGn� August 24, 1981 unry travel lanes, Pelican Hill GPA 80 -3 Road from Pacific Coast Highway to MacArthur Blvd. - $16,400,000; Construct • two travel lanes on San Joaquin Hills Road from Spyglass to Pelican Hill Road - $3,000,000; Total - $23,500,000 *. - *Estimates only. It is expressly understood that The Irvine Company is obligated to construct the listed improvements irre- spective of ultimate cost.' Included with the subject motion was a report con- sisting of four pages of mitigation measures. Mayor Heather expressed her reasons for supporting the motion. Council Member Hummel spoke in opposition to the motion. During course of discussion, the Mayor pointed out that parking will remain on Coast Highway in Corona del Mar. The City has received a letter from CALTRANS advising that they would not be removing any parking on Coast Highway without prior approval from the City. • There being no objections from the Council, the following prepared statement was read into the record by Council Member Strauss: "Madam Mayor, I would like the Minutes to show that I am opposed to this action for the following reasons: I cannot support this motion to approve General Plan Amendment 80 -3, and I urge my fellow Council Members not to approve it. It is not in the best interests of the City either in the near future nor in the long run. Two hotels, one new and one substantially enlarged, will induce greater use of John Wayn Airport, bringing increased pressure for its expansion. The City is on record firmly and unanimously against any increase in the presen limit of 41 average daily departures from John Wayne Airport. The City Council's credi- bility on this vital issue is already under a cloud, and approval of 80 -3 will further diminish our position. I quote from the Los Angeles Times Editorial of November 16, 1980 on the subject of the approval of the Koll Hotel: 'How Seriously Can Future Airport Protests Be Taken When the Very Same Complain- ing City Council Continues to Approve Self- Serving City Projects.' Volume 35 - Page 260 CITY OF NEWPORT BEACH C AUNCs I L Ms E G B RS MINUTES ROLL CALL INDEX The other major. reason I cannot support the GPA 80 -3 motion is its excessive amount of office space, as contrasted with its very limited amount of residence space. We need residences! We need housing! We don't need hundreds of thousands of square feet of offices, the occupants of which will bring enormous in- creases in peak hour traffic to our overloaded streets. Further, for those concerned about City finances, it should be emphasized that under present laws, office buildings bring a negligible financial surplus to the City but residences bring a substantial financial surplus to the City. Granted, landowners and developers are in business to make money. That is their proper responsibility to their owners. But the City Council's responsibility is to carefully con - sider the rights of others as well. There are thousands of Newport Beach residents who have their rights to be considered both for now and for 20 or 30 years from now. Granted, also, that the offer of $8 Million Dollars for roads is enticing, but much of our present need for roads comes from previous Irvine Company developments. Further, General Plan Amendment 80-3's traffic increase will clearly batter Corona del Mar, as will The Irvine Company's Downcoast Devel- opments. These two vast looming traffic - generating developments call for a firm com- mitment from The Irvine Company to build Pelican Hill Road and San Joaquin Hills Road at the same time (not later than) as Phase I. This motion makes no such commitment with respect to the major hotels. (Although I cannot support this motion for the reasons stated above, I do applaud the maker of the motion for that part of the motion which requires the building of Pelican Hill Road and San Joaquin Hills Road concurrently with the office building in Phase I of 80 -3.) I will gladly support a reasonable compromise, with an appropriate balance of housing and offices, and of developer's rights and, resident's rights. Because this motion does not provide such a balance, I cannot support it and urge my fellow Council Members to reject it." In response to question raised with respect to the proposed residential units which will be part of the 300 room hotel, Mayor Heather advised that this item would be coming back to the City Council dur- ing Site Plan review. • Volume 35 - Page 261 CITY OF NEWPORT BEACH C U ME B RS MINUTES 9 G s s ROLL CALL `f'n 'A August 24, 1981 INDEX Discussion ensued with respect to Council Members GPA 80 -3 Hummel and Strauss requesting certain comments appear in the minutes, in which the City Attorney cited Sections 14 and 15 of Council Policy A -10, as follows: • "14. A Council Member may request through the Presiding Officer the privilege of having an abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. 15. Any Council Member shall have the right to • have the reasons for his or her dissent from from, of his or her protest against, any action of the Council entered in the Minutes. Such dissent or protest to be entered into the minutes shall be made in the following manner: 'I would like the minutes to show that I am opposed to this action for the following reasons . . . . . . . . . . . . .. " In view of the foregoing policy, the Mayor requested that in the future, Council Members adhere to the adopted policy. Council Members Cox and Plummer expressed their reasons for supporting the motion. Council Member Hummel stated that he would like the record to show that he was opposed to the motion fox the following reasons: • "I is development; feel this too much "The timing is bad; "The provisions for road improvements are not soon enough; "I consider it an absolute rape of Corona del Mar to not have a by -pass in place before the first foundation is laid; "I also believe the couplet is a disaster." Mayor Pro Tem Hart gave her reasons for supporting the motion. Ayes x x x x x The motion was voted on, and carried. Noes x x It was noted that the documents set forth in the first paragraph of the subject motion would be brought back to the City Council for approval at their adjourned meeting of August 31, 1981. 2. APPOINTMENT TO LITTER CONTROL CITIZENS ADVISORY LC /CAC COMMITTEE. (24) Motion x Deferred (District 1) Council Member Strauss' ap- All Ayes pointment to fill unexpired term of Carol McDonald • to September 28, 1981. Volume 35 - Page 262 COUNCIL ME B RS G ROLL CALL J+� I� • Motion Ayes Noes Abstain Motion, All Ayes • CITY OF NEWPORT BEACH MINUTES AuouRt 24. 1981 INDEX Encroachm Arnold (65) Subdiv (84) R -11036 Council Member Strauss announced for the benefit of those in the audience, as well as the press, that he was interested in receiving applications for the above appointment. 3. APPLICATION OF JAMES AND SALLY ARNOLD TO PERMIT A TWO -FOOT EIGHT -INCH HIGH WALL AND PATIO ENCROACH- ING SIX AND A HALF FEET INTO THE PUBLIC RIGHT -OF- WAY AT 3420 THIRD AVENUE. It was noted that this item had been deferred from the June 8 meeting to allow Council to view site. A report from the Public Works Department, was presented. Letters from Applicant dated June 2 and 22, 1981, were presented. Jim Arnold, Applicant addressed the Council, advising that he did not have any additional infor- mation other than what was submitted in his two letters. It was pointed out in the report of the Public Works Department that the staff felt that existing nonconforming encroachments should not be used as a precedent for justifying new encroachments; and that each application should be examined on its own mer- its. Denial of this application had been previousl recommended, based on the magnitude and nature of the encroachment, as set forth in memorandum of November 10, 1980. The Public Works Director stated that his original recommendation remained the same and that he felt it was an inappropriate encroachment. x To allow the encroachment as requested by Applicant x x x x x Following discussion, Council Member Maurer amended x his motion to reflect that the Council considers - x this application to be an extremely unusual situa- tion which doesn't exist generally in the area, and on the strength of that, this encroachment is allowed with the stipulation that said encroachment can be removed at the request of the City at any time. 4. Report from the Planning Department regarding the UPDATED APPRAISAL OF EASTBLUFF PARK AND ASSESSING IN -LIEU PARK DEDICATION FEES, was presented. x Adopted Resolution No. 11036 establishing $298,486 as the cost per acre to be used in assessing in -lie park dedication fees, pursuant to Section 19.50.070 of the Municipal Code, and rescinding Resolution No. 9542. Volume 35 - Page 263 INDEX Encroachm Arnold (65) Subdiv (84) R -11036 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALLS d+ 9 August 24 1981 1 NUEX 5. Report from the Parks, Beaches and Recreation Dir- Cncl Plcy ector regarding REVIEW OF PROPOSED COUNCIL POLICY (69) L -10, OCEAN FRONT STREET END IMPROVEMENTS, was presented. M on x Deferred subject item to September 28, 1981: A Ayes J. CURRENT BUSINESS: 1. Report from the Planning Department concerning the S/A Heights SANTA ANA HEIGHTS ANNEXATION, was presented. Annex (21) Jack Mullan, 2031 Mesa Drive, Santa Ana Heights, and Irma Barham, 20451 Upper Bay Drive, Santa Ana Heights, addressed the Council in support of the proposed annexation. Motion x To approve alternative (b) as set forth on the agenda: "Determine responsibility for the prepara- tion of an EIR; waive or fix City annexation fees as established by Section 3.13.030 of the Municipal Code; authorize the Planning Commission to commence prezoning activities; and amendments to the Land Use Plan of the Local Coastal Plan; and authorize staff to prepare a report concerning annexation guidelines consistent with Council Policy C -1." Motion x Following discussion regarding the estimated cost All Ayes for preparation of an EIR ($25,000), Council Member Strauss amended the motion to direct the staff to develop a cost benefit analysis, and a report con- cerning annexation guidelines consistent with Council Policy C -1, for consideration on September 28, 1981. 2. Report from the City Manager regarding ESTABLISH - Arpt Coord MENT OF AIRPORT COORDINATOR, was presented. Position (66) Council Member Strauss indicated he felt this position should be part -time initially. Motion x To establish the position of Airport Coordinator as Ayes x x a contractor /consultant position, and direct the Noes x x x x x City Manager to obtain proposals. Motion x To accept the recommendation of the Ad Hoc Commit - Ayes x x x x x tee; approve the class description; direct the Noes x x City Manager to prepare a Budget Amendment transferring $60,820 from the Planning Department to Nondepartmental Account; and authorize the commencement of the recruitment process, with the salary to remain open. Council Member Hummel stated for the record his reasons for opposing the motion as follows: "I feel it is inappropriate to add another employee to the City payroll at a time when we should be holding the line, and perhaps reduc- ing personnel on a full -time basis because of the down -road expense of a full -time employee." Vnl"ma 19 - Pape 264 C UNCI ROLL CALL L ME 8 RS ti ti9 Motion. A bstain Motion All Ayes Motion All Ayes 0 Motion All Ayes 1 CITY OF NEWPORT BEACH MINUTES August 24. 1981 INOEX Tr 11450 Harbor Perm (51) Personnel (66) Ntl Lg Conf/ SDiego B/A (25) 3. Report from Public Works Department regarding FINAL MAP FOR TRACT 11450, was presented. x Adopted Resolution No. 11037 summarily vacating an x x x x x easement for Bicycle and Pedestrian Purposes per x Tract Map No. 11450 in connection with J. M. Peters x Company, Inc.; and approved a revised Final Map for Tract No. 11450, incorporating by reference the Conditions of Approval recommended by the Planning Commission. 4. Report from the Marine Department regarding HARBOR PERMIT APPLICATIONS TO CONSTRUCT A WOOD RETAINING WALL BAYWARD OF 1907, 1909, 1911, AND 1913 E. BAY AVENUE, for the following applications, was pre- sented: Permit Number Applicant 109 -1907 William Ware 109 -1909 Henry Buckingham 109 -1911 Martha Button 109 -1913 Don Russell x Approved the above applications, subject to the approval of the Army Corps of Engineers and Coastal Commission approval. K. ADDITIONAL BUSINESS: x 1. Adopted Resolution No. 11038 establishing the compensation of the City Manager, City Attorney and City Clerk for fiscal year 1981 -82, effective July 1, 1981. x 2. Authorized advance registration fee and lodging for Council Members, Planning Commissioners and Plan- ning Director, to attend the National League of Cities Urban Environmental Design Conference in San Diego, September 30 through October 2, 1981. L. Adjournment: Meeting adjourned at 12 midnight to Monday, August 31, 1981 at 5:00 p.m. ATTEST: Mayor Pr Tem City Clerk Volume 35 - Page 265 INOEX Tr 11450 Harbor Perm (51) Personnel (66) Ntl Lg Conf/ SDiego B/A (25)