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Home My WebLink About03/28/1983 - Regular Meetingr - f . .. COUNCIL MEMBERS on I AAia REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: March 28, 1983 MINUTES ipunFY aresent x x x x x A. ROLL CALL. nt x x one 0 x B. The reading of the Minutes of the Meeting of All Ayes March 14, 1983, was waived, approved as written and ordered filed. Motion x C. The reading in full of all ordinances and All Ayes resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the public hearing GPA 81 -2 regarding GENERAL PLAN AMENDMENT 81 -2, a (45) request initiated by the City of Newport Beach to amend the Land Use Residential & LCP /LUP Growth, and Recreation and Open Space Elements of the Newport Beach General Plan, Amnd No. 2 and the acceptance of an Environmental Document. Components: a) CALTRANS WEST Location: Northwesterly corner of West Coast Highway and Superior Avenue (as realigned). • General Plan: Recreational and Environmental Open Space. Zone: 0 -S (Open Space) District. Proponent: State of California, Dept. of Transportation. b) FIFTH AVENUE PARCELS Location: A: Westerly of Marguerite Avenue between Fifth Avenue and Harbor View Drive. B: Northerly of Fifth Avenue between Marguerite Avenue and Buck Cully. C: Along the eastern City Boundary between Fifth Avenue and San Joaquin Hills Road. Volume 37 - Page 97 • • • ENT March 28, 1983 MINUTES General Plan: Low Density Residential and Recreational and Environmental Open Space Zone: R -1 -B (Single - Family with B Combining) District. Proponent: The Irvine Company. c) BIG CANYON AREA 16 Location: Southwesterly of MacArthur Boulevard and Ford Road. General Plan: Recreational and Environmental Open Space. Zone: P -C (Planned Community) District. Proponent: The Irvine Company. d) NEWPORT CENTER - BLOCK 400 Lqcation: Northeasterly of Newport Center Drive East and San Miguel Drive. General Plan: Administrative Professional, and Financial Commercial. Zone: C -O -H (Commercial) District. Proponent: Newport Center Medical Buildings, Inc. e) CAMPUS DRIVE Location: Area bounded by MacArthur Boulevard, Birch Street, Orchard Avenue, and Campus Drive /Irvine Avenue. General Plan: General Industry, Administrative Professional and Financial Commercial, and Retail and Service Commercial. Volume 37 - Page 98 81 -2 /LUP d No. 2 MINUTES ZTI Zone: M -1 -A (Industrial) CPA 81 -2 • District, A -P & (Administrative, LCP /LUP Professional) District, Amnd No. 2 and C -1 (Commercial) District. Proponent: The City of Newport Beach. AND 2. Public hearing regarding AMENDMENT NO. 2 TO THE ADOPTED LOCAL COASTAL PROGRAM, LAND USE PLAN, a request initiated by the City of Newport Beach to amend the Land Use Plan of the Newport Beach Local Coastal Program for the CALTRANS WEST site. Location: Northwesterly corner of West Coast Highway and Superior Avenue (as realigned). LCP: Recreational and Environmental Open Space. Zone: O -S. Proponent: State of California, Dept. of Transportation. • Report from the Planning Department, was presented. The City Clerk advised that after the printing of the :agenda, a letter from SPON was received regarding CPA 81 -2; relationship to park needs and park dedication ordinance. CALTRANS WEST: The Planning Director summarized the proposal and the action of the Planning Commission for the CALTRANS WEST site. He answered questions of the Council regarding access to the site, the park site within the area, the Banning Ranch Project, servicing of the utilities, landscaping of the greenbelt area, and low and moderate income housing, etc. David D. Reed of CALTRANS, addressed the Council and stated that the proposal prepared by the City had been reviewed and that they had no objections. However, he did have some concerns about park dedication. It was his understanding that the 5 -acre park site described in recommendation No. 7 of the • Volume 37 -• Page 99 iNg Mt a � COUNCIL MEMBERS \Aj ' ®��1 � � <'rd �f9I I � �`�� March 28, 1983 MINUTES Wow- staff report, encompasses a portion of the GPA 81 -2 Beeco property, and that CALTRANS WEST was & going to have 2.4 acres involved in park LCP /LUP dedication. He stated that if there were Amnd No. 2 modifications to the City's proposal, they they would need to review the items relating to their participation. FIFTH AVENUE PARCELS: The Planning Director summarized the proposal of The Irvine Company, and the action of the Planning Commission, for the Fifth Avenue Parcels. Bernard Maniscalco of The Irvine Company made a presentation, and described the three parcels under consideration as shown on their exhibit. He referred to their letter of March 15, 1983, noting their response to the recommendations of the Planning Commission for GPA 81 -2, which was included with the Planning Department's staff report. It was noted by The Irvine Company that their proposal had been presented to various community associations, civic organizations, interested groups, and the Parks, Beaches and Recreation Commission for public input. Mr. Maniscalco outlined the conditions and recommendations supported by The Irvine Company for Areas A, B and C, as enumerated • in their letter of March 15, 1983. He also discussed the primary issues identified at the Planning Commission hearing. The Planning Director summarized the park dedication requirements for Areas A and B, as requested by Council Member Agee. It was noted that Area B was not recommended for approval by the Planning Commission. Reference was made to the incremental increase in traffic, which would be generated as a result of developing Areas A and B, as set forth in the Environmental Impact Report Appendix, Pages B -•10 through 14, and explained by Traffic Consultant Mr. Darnell. Lloyd Crausy, 4015 Topside Lane, President of Harbor View Hills Association South, addressed the Council and reiterated some of the Association's concerns expressed at the Planning Commission hearings regarding views, density, traffic, alleys and preservation of open space. He suggested that the land • Volume 37 - Page 100 .' COUNCIL MEMBERS ��G� G e?ni rAi o �� •}1 •� �tP March 28, 1983 MINUTES proposed for alleys be utilized for park GPA 81 -2 purposes or reduced density. He stated it & would be their recommendation that the City LCP /LUP continue with low- density zoning for Area B; Amnd No. 2 that no in -lieu fees be accepted in place of park land; and that some of the park land be contiguous to the present Oasis Center. A letter summarizing their concerns was submitted. Lawrence Weeshoff, Treasurer, Harbor View Hills Association South, addressed the Council regarding preservation of views, traffic, and density. He urged that the density remain as currently exists. Alice Remer,'210 Goldenrod Avenue, addressed the Council and submitted a letter pertaining to the development of the Fifth Avenue parcel. She indicated consideration should be given to the following: 1) Housing for the general population; 2) Rental housing for seniors; 3) Open space for active recreation; 4) Space for the OASIS Senior Center to expand; and 5) Preservation of views for Harbor View residents. Dick Succa, 715 Marguerite Avenue, addressed the Council, stating his primary concern was increased traffic and density. He also recommended that the Council not accept In-lieu park fees. Dick Nichols, President, Corona del Mar Community Association, addressed the Council and submitted a copy of a letter regarding the subject proposal and how he felt certain parcels of land could be utilized, which also had been presented to the Planning Commission. He also submitted a petition signed by approximately 450 residents requesting the City Council to provide permanent active recreation and senior citizen growth areas in and adjacent to Corona del Mar, ;Prior to rezoning schools or properties zoned open space. In particular, they refer to the rezoning of Corona del Mar Elementary School and the redesignation of the 5th Street properties from greenbelt, parks and open space, to medium or high density residential. • Volume 37 - Page 101 MINUTES 1NnFY Mr. Nichols expressed his opposition to Amnd No. 2 • accepting in -lieu park fees, and indicated he LCP /LUP felt it would set a dangerous precedent. He also discussed traffic with respect to Parcels A and B, dedication of a greenbelt and a park view site. Ron Kennedy, 550 Hazel Drive, addressed the Council regarding an apparent inconsistency of the various elements of the General Plan. He also questioned why the park study had not been completed prior to consideration of this proposal. In addition, he stated his reasons for wanting to retain low density residential for the Marguerite parcel. The Planning Director stated that the park study referred to by Mr. Kennedy is an update of the Recreation and Open Space Element of the General Plan, which originally was presented two years ago, and has now been included in the 1982 -83 Budget. H. R. Miller, 1627 Bay Cliff Circle, Active Chairman of the Board of Directors, Friends of the Oasis, addressed the Council regarding Area B. He requested that Council consider the needs of the community prior to the needs of the developer, due to the number of senior citizens within the City. He stated that the . senior citizen population has grown 10% since 1976, and that approximately 25% of the City's total population represents senior citizens. He recommended that the Council not accept in -Lieu park fees. Motion x Mr. Miller was granted an additional All Ayes 3- minutes for his presentation. Clyda Brenner, 616 Marguerite Avenue, addressed the Council regarding traffic and its relation to children. She also recommended that the Council not accept in -lieu park fees. Tye Comeras, 932 Sandcastle Drive, addressed the Council and stated he felt the basic proposal was for the benefit of The Irvine Company and not the community, and that the proposed development could not he compared with that of old Corona del Mar and Harbor View Hills. Volume 37 - Page 102 MINUTES IMI BIG CANYON AREA 16: The Planning Director Amnd No. 2 • summarized the subject proposal, as set forth LCP /LUP In the staff report. Bernard Maniscalco of The Irvine Company addressed the Council and cited their response to the Planning Commission's recommendations and conditions, as set forth in their letter of March 15, 1983. NEWPORT CENTER - BLOCK 400: The Planning Director outlined the subject proposal as enumerated in the staff report and answered questions of the Council regarding traffic modeling, parking, and fair share allocation toward traffic circulation system improvements. Frank Rhodes, 1417 E. Bay Avenue, General Partner, Newport Center Medical Building, described the rendering on display, and advised that they concur with all recommendations of the Planning Commission. CAMPUS DRIVE: The Planning Director explained the proposed subject, as set forth in the staff report, and answered questions of the Council regarding zoning, parking and fair share allocation toward traffic improvements and the circulation system. Don x Motion was made to continue the public All Ayes hearing to April 11, 1983. There being no objections, the staff was directed to clarify the following items at the next meeting:, 1) The zoning to be applied to Campus Drive; 2) Parking for Block 400; 3) Density of Old Corona del Mar; 4) In -lieu park fees; and 5) Provide a map showing potential Open Space for CALTRANS WEST site. 3. Mayor Hart opened the public hearing Ord 83 -17 regarding ORDINANCE NO. 83 -17, being, Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 3 SO AS TO RECLASSIFY PROPERTY FROM THE C -1, C -1 -H, AND UNCLASSIFIED DISTRICTS TO THE C -1 -H [0.25] DISTRICT, Volume 37 - Page 103 • Motion All Ayes Motion All Ayes • x x MINUTES March 28, 1983 PLANNING COMMISSION AMENDMENT NO. 583, request initiated by the City of Newport Beach on property in the Smith's Food King Market Shopping Center, located on the southeasterly side of 32nd Street between Balboa Boulevard and Newport Boulevard in Central Newport. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed, Motion was made to adopt Ordinance No. 83 -17. 4. Mayor Hart opened the public hearing regarding ORDINANCE NO. 83 -18, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 20.02 AND 20.87 OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO PERMITTING THE INSTALLATION OF ROOF - MOUNTED SOLAR ENERGY SYSTEMS IN EXCESS OF HEIGHT LIMITS (PLANNING COMMISSION AMENDMENT NO. 584). Report from the Planning Department, was presented. It was noted that the proposed amendment will allow the installation of solar equipment in excess of established height limits, subject to Planning Commission approval, but without the requirement of the approval of use permit or variance applications in each case. The ordinance amendment is also subject to call -up by the City Council. John Sepal, 452 Seaward Avenue, addressed the Council regarding solar panels and a collector system, which can be mounted with the panel. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 83 -18. E. PUBLIC COMMENTS: 1. John Sepal, 452 Seaward Avenue, addressed the Council regarding parking removal on one side Volume 37 •- Page 104 583 rd 83 -18 oning /Roof ounted Solr ystems 94) CA 584 Pkg MINUTES 1kinry of Pacific Coast Highway in Corona del Mar, • and the City's ordinance pertaining to Parking and Storage of Recreational Vehicles. Mr. Sepal stated that he addressed the Council in December regarding the subject ordinance, inasmuch as he had received five citations for parking his motor home on the street. He now understands there has been an amendment to the ordinance, which would exempt his motor home from the parking requirements; however, he did not receive a copy of the document. In addition, the signs are still posted and should be removed. Mayor Hart, in response to Mr. Sepal's comments regarding parking removal on one side of Pacific Coast Highway in Corona del Mar, stated that the City Council has gone on record as opposing any removal of parking in the Corona del liar business district. With respect to the recently adopted recreational vehicle ordinance, she would see that Mr. Sepal received a copy. F. CONSENT CALENDAR: Motion x The following actions; were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for Ord 83 -19 • public hearing on April 11, 1983: Mobile Home Pk Dist /Zong (a) Proposed ORDINANCE NO. 83 -19, being, (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF DISTRICTING MAPS NO. 22 AND 25 FROM THE UNCLASSIFIED /MHP DISTRICT TO THE UNCLASSIFIED (2178) /MHP DISTRICT (SEACLIFFE AND NEWPORT TERRACE MOBILE HOME PARK SITES), AND THE REMAINING RESIDENTIALLY DESIGNATED AREAS FROM THE UNCLASSIFIED DISTRICT TO THE R -3 (2178) DISTRICT, PLANNING COMMISSION AMENDMENT NO. 588, PCA 588 initiated by the City of Newport Beach, to amend said areas with the acceptance of an Environmental Document. (Report from the Planning Department) • Volume 37 --,Page 105 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9co 'A � 1 March 28, 1983 MINUTES INDEX • 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 83 -29 authorizing the Baysd /E1 Mayor and City Clerk to approve the Paseo Dr assignment of a License Agreement Res 83 -29 between the City of Newport Beach and C -785 (38) Ygal and Sheila Sonenshine for the use of City property at Bayside Drive and E1 Paseo Drive. (Report from City Manager) (b) Resolution No. 83 -30 authorizing the Fedrl Dstr City staff to make application for Elf Act financial assistance under the Federal Res 83 -30 Disaster Relief Act. (Report from (87) Utilities Department) (c) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2366 to John L. Meek pt /Balboa Construction, Inc., for $26,794; and Piers Rpr authorize the Mayor and City Clerk to C -2366 execute said contract for Newport and (38) Balboa Ocean Piers Miscellaneous Repairs, 1982 -83. (Report from Public Works) (b) Removed from the Consent Calendar. (c) Authorize the Mayor and City Clerk to Consultg Agm • execute Consulting Agreement with C -2381 Communication Resources Company (See (38) Budget Amendment No. 072). (Report from City Manager) (d) Authorize the Mayor and City Clerk to CNB Bankg execute an Agreement between the City of Sery Newport Beach and City National Bank for C -2382 City's Banking Services, and rescinding (38) Resolution No. 83 -5. (Report from Finance Director) (e) Approve rate increase of $73.00 monthly Janitorial for the existing Contract No. 2311 Mntnc Sry (approved by Resolution No. 11101), for C -2311 Janitorial Maintenance Service being (38) provided by Commercial Maintenance Systems. (Report from General Services Director) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works /Traffic Engineering for Tfk Engr/ investigation and response, letter from Back Bay Rd George R. Hill expressing concern and (85) suggestions for an alleged dangerous situation on Back Bay Road. • Volume 37 - PaRe 106 1. _ ¢ IG v s ! IN ml COUNCIL MEMBERS \CAL +�¢� <'A ROLL �� S March 28, 1983 MINUTES V16I *;i • (b) To Planning Department for investigation lang /Zong and response, letter from Mrs. Catherine (68) Spencer regarding proliferation of advertising in the vicinity of Marguerite Avenue. (c) To Public Works /Traffic Engineering for dM /PCH'wy investigation and response, letter from Tfk Lights E. Day Canaan regarding traffic lights (85) during morning or evening rush hours in Corona del Mar, on Pacific Coast Highway. (d) To Public Works /Traffic Engineering for Tfk Engr/ response, :Letter from Elhum Vhadat Goleta Pt Dr regarding suggestion to improve alleged (85) unsafe area on Goleta Point Drive, in Spyglass Hill. (e) To Police Department for inclusion in News Rack the records, comment from D. Bramsen, Regs Santa Ana, regarding "U.S.A. Today" (27/70) news racks. (f) To the City Council Ad Hoc Aviation J /Wyn Arpt/ Committee for inclusion in the records, OC communication from Jane Henderson Travel (54) urging support for improvements and upgrading at John Wayne Airport. • (g) To Tideland's Affairs Committee for Harbor Perm response, letter from Winton and (51) Patricia Ashton for review of alleged permit violations by dock owners. (h) To Public Works for response, letter W /PCH'wy from Risley & Associates, Attorneys, (74) representing property owners at 1001 Dolphin Terrace, allegedly affected by the proposed widening of Pacific Coast Highway. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Notice of hearing by Orange County Board of Supervisors on April 6, 1983, at 9:30 a.m., in the County Administration Building regarding dissolution of the Orange County Resource Conservation District. (b) Orange County Local Agency Formation Commission notice of public hearing on March 23, 11983, at 2:00 p.m., regarding • Volume 17 — Paoo ln'7 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\Lsp ROLL March 28, 1983 MINUTES HJTi73n proposed annexation to the City of Newport Beach designated as Harbor Ridge Annexation No. 89; and Minutes (dated February 23, 1983) and Preliminary Agenda (dated March 23, 1983). Note: After the agenda was printed, a Annexation resolution was received from LAFCO (21) approving Harbor Ridge Annexation, and directing the City to initiate annexation proceedings. (c) Application No. 83 -03 -14 of Southern California Gas Company and Pacific Lighting Gas Supply Company before the California Public Utilities Commission. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Glenda L. Alphabet alleging property Alphabet damage to vehicle as result of hole in street at Irvine Boulevard, near 23rd Street on March 4, 1983. (b) Jon Alice Brooks alleging personal Brooks injuries as a result of fall over chicken wire on walkway (boardwalk on Lido Park Drive between Delaney °s and ® Cannery), on March 8, 1983. (c) Sylvia Goddard alleging property damage Goddard as a result of flooding in home due to recent rains at 438 Dahlia, Corona del Mar, on March 1, 1983. (d) Application to Present Late Claim of Mc Grath Shawn M. McGrath alleging personal injuries, and false arrest, as a result of traffic accident at Irvine Avenue and Private Road, on May 29, 1982. (e) Dixie Mizell alleging property damage Mizell due to rain and backed up storm drain at 442 Dahlia Avenue, on March 1 and 3, 1983. (f) Edward Clayton Rupenthal alleging false Rupenthal arrest by Police Department on January 11, 1983. (g) Application for Leave to Present Late Yule Claim of George P. Yule, Jr., and Kristina G. Yule alleging personal injuries, etc., as result of traffic • Volume 37 -- Page 108 CITY OF NEWPORT BEACH COUNCIL MEMBERS � ROLL \rAl March 28. 1983 MINUTES Iunry g accident at intersection of Irvine • Avenue and :Private Road, on May 29, 1982. For rejection - not timely filed: a (h) Late Claim of Mr. and Mrs. William F. Selle Selle alleging personal injuries as a result of fall on sidewalk at Mariners Drive between Dover and Pembroke, on October 12, 1982. 7. SUMMONS AND COMPLAINTS: None. 8. REQUEST TO FILL :PERSONNEL VACANCIES - For (66) approval: (Report from the City Manager) (a) One Equipment Mechanic III, General Services Department. (b) One Utilities Specialist, Water Division. 9. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) Removed from the Consent Calendar. For Council information and filing: (b) Report from City Attorney regarding City /County SETTLEMENT ON PENDING LITIGATION Dock Prpty (CHRISTESON, ET AL., VS. BAYVIEW YACHT C -910 CLUB /CITY OF NEWPORT BEACH). (38) 10. PUBLIC HEARING SCHEDULING: None. 11. ACCEPTANCE OF BAYFRONT SIDEWALK REPAIR Bayfrnt (C -2294) - Accept the work; and authorize the Sdwlk Rpr City Clerk to file a Notice of Completion, C -2294 and release the bonds 35 days after Notice of (38) Completion has been filed. (Report from Public Works) 12. ACCEPTANCE OF 35TH STREET -END REPLACEMENT 35th St -End NEAR MARCUS AVENUE (C -2283) - Accept the C -2283 work; and authorize the City Clerk to file a (38) Notice of Completion and release the bonds 35 days after Notice of Completion has been filed. (Report from Public Works) Vnl„mu 77 _. Pa a 109 g CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAt o��AROLL � �t March 28, 1983 MINUTES Imnry 13. MORNING CANYON ROAD AND SEAWARD ROAD STORM Horng Cnyn DRAIN REHABILITATION (C -2339) - Approve the d /Swrd Rd plans and specifications; and authorize the -2339 City Clerk to advertise for bids to be opened (38) at 11:00 a.m., April 15, 1983. (Report from Public Works) 14. CITY COUNCIL TRAVEL AUTHORIZATION AND EXPENSE City Council RECORD - Approve expenses incurred by Council Expense Member Ruthelyn Plummer in the amount of (33) $332.37 for attendance at the National League Conference, Washington, D. C., from March 5 - 8, 1983. 15. PARKS, BEACHES AND RECREATION COMMISSION - PB &R Cmsn Accept resignation of Parks, Beaches and (24) Recreation Commissioner Douglas K. Ammerman as of March 3, 1983, with regret. 16. HARBOR PERMIT APPLICATION - Approve Harbor Perm application #222 -717 by Lido Yacht Anchorage Apl #222 -717 to rebuild a section of the existing float at (51) 717 Lido Park Drive, subject to the conditions of approval listed in the staff report. (Report from the Marine Department) 17. Removed from the Consent Calendar. 18. BALBOA BOULEVARD MEDIAN MODIFICATIONS FROM lBal B1 Mdn 33RD STREET TO 44TH STREET (C -2369) - Accept Mdfctn the Negative Declaration of Environmental C -2369 Impact; approve the plans and specifications; (38) and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on April 14, 1983. (Report from Public Works) 19. BUDGET AMENDMENTS - For approval: BA (25) BA -069, $30,000.00 Transfer in Budget Appropriations for replacement of funds transferred erroneously from wrong account during mid -year budget adjustments (from Inspect /Repair Piers to Replace Storm Drain)'. BA -070, $31,200.00 Transfer in Budget Appropriations to construct street and highway improvements on Coast Highway at the Bay Bridge Pump Station in conjunction with Sanitation District 5 (from Widen Jamboree /Ford to Extension Pacific Coast Highway). (Report from Public Works) BA -071, $2,000.00 Increase in Budget Appropriations and Revenue Estimates to provide for donations and appropriations for Volume 37 - Page 110 M 1§11 11 COUNCIL MEMBERS \rAi �`��A�� ROLL �� \0��0 March 28, 1983 MINUTES T.oW "Cop -On- Campus" Program; Police - Office of the • Chief of Police Fund. (See Agenda Item F -2(c)) BA -072, $8,850.00 Transfer in Budget Appropriations for Telecommunications Consulting Study /Phase I, Analysis of existing telephone system and facilities requirements; Nondepartmental- Services, Professional, Technical, etc., Fund. (See Agenda Item F -3(c)) BA -073, $48,552.00 Increase in Budget Appropriations and Revenue Estimates for San Miguel Park Construction (Funds contributed by State of California); Park and Recreation- Donations and Contributions Fund. (Report from Parks, Beaches and Recreation Director) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Executive Assistant to the O /C -JWyn City Manager regarding letter to ORANGE Arpt COUNTY BOARD OF SUPERVISORS - BINDING AGREEMENT (54) REGARDING JOHN WAYNE AIRPORT, was presented. Motion x Motion was made to change the word from "affronts" to "concerns" in the second paragraph of the subject letter, and to . approve as revised. 2. Proposed resolution declaring the City of PD / "Cops- Newport Beach's intention to establish a On- Campus" Newport Beach "Cop -On- Campus" fund with the (70) City Treasury, and a report from the Police Department, was presented. Motion x In response to question raised, the staff Res 83 -31 All Ayes advised that the school district was in support of the program, and therefore, motion was made to adopt Resolution No. 83 -31, as set forth in the foregoing. 3. A report from the Director of Public Works, Superior Av recommending the City Manager be authorized Realignm to negotiate an Agreement for excavation and C- 2381 2/!9 disposal of surplus material from the (38) Superior Avenue project, was presented. Motion x Motion was made to authorize the City Manager All Ayes to negotiate an Agreement for excavation and disposal of surplus material from the Superior Avenue project, as recommended; and pursuant to an additional report from the Volume 37 - Page 111 C0TY OF NEWPORT REACT COUNCIL MEMBERS \rht 0 -P ��ROLL � � March 28, 1983 MINUTES 1 i 1 Public Works Director, authorize the City Manager to execute a CALTRANS Entry Agreement, allowing the City to enter onto the CALTRANS WEST property to construct the Superior Avenue realignment project. 4. An application to transfer Harbor Permit Harbor Perm #225 -528 for the property at 528 South Bay #225 -528 Front from Carroll Beek to H. S. Beek, the (51) new owner of the upland property, was presented with s report from the Marine Department, and a letter from Attorneys Woolsey, Angelo & Thatcher. Emit Rate, Attorney representing the Ebsen Family Trust, addressed the Council and requested this item be continued to the next regular meeting in order that Mrs. Nancy Ebsen could attend and be heard. Roy B. Woolsey, Attorney representing Seymour Beek, Applicant, addressed the Council and opposed the request for continuance. He stated that he and three other persons had been waiting for over three hours to be heard, and would appreciate consideration by the Council at this time. Motion x Following discussion, motion was made to refer the subject application to the . Tidelands Affairs Committee for report back at the earliest possible date. Jean Baum, 106 Collins Avenue, addressed the Council in support of Mr. Beek's request, and urged the Council to act favorably at this time. Ayes x x x x The motion was voted on and carried. Noes x H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO :BICYCLE TRAILS CITIZENS BT /CAC ADVISORY COMMITTEE: (24) Motion x Motion was made to defer (District 1) Council All Ayes Member Strauss's remaining appointment to April 25, 1983. Motion x Motion was made to confirm (District 4) All Ayes Council Member Heather's appointment of Richard Nelson. Volume 37 -- Page 112 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \raLL\ �� G ROLL $� 14 \tp March 28, 1983 INDEX on x Motion was made to defer (District 6) Council yes Member Cox °s appointment to April 25, 1983. 2. APPOINTMENT TO TECHNICAL OIL ADVISORY Technical COMMITTEE: (Lloyd Sellinger and James it Adv Cmte Sheppard were nominated on March 14, 1983) (24) Motion x Motion was made to select the appointee by Ayes x x x x secret ballot. Noes x The City Clerk tallied the votes and announced that Lloyd Sellinger was appointed to the Technical Oil Advisory Committee for a 4 —year term ending December 31, 1986. 3. Appointments by the Mayor of Alternate Cncl Ad Hoc Members to the City Council Ad Hoc Aviation Aviation Committee: Cmte (24) Motion x Motion was made to reappoint Sue Simpson as All Ayes Alternate to Clarence. Turner, and Jean Wegener as Alternate to Vince Jorgensen. 4. Supplemental report from the Planning Bal Pnsla Department regarding PROPOSED TRANSIT STUDY rransp Stdy ON THE BALBOA PENINSULA, was presented. (86) Motion x Motion was made to approve funds and All Ayes authorize the Mayor and City Clerk to execute •� the contract. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: None. The meeting adjourned at 11:30 p.m. Mayor ATTEST: City Clerk Volume 37 -• Page 113