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HomeMy WebLinkAbout02/09/1981 - Regular MeetingPresent Ix lx Motion Ayes } Motion All Ayes Motion All Ayes • Motion 0 Ix x x x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 9, 1981 A. ROLL CALL. B. The reading of the Minutes of the Meeting of January 26, 1981, was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration was waived, and the City Clerk was directed to read by titles only. D.• HEARINGS: 1. Mayor Heather opened the continued public hearing regarding OXBOW ANNEXATION NO. 88 (WEST NEWPORT OIL WELLS). The City Manager advised that one of the items necessary to determine if a majority protest has, or has not been filed at the Annexation hearing, is data from the County Assessor's Office on the assessed valuation split. Inasmuch as this infor- mation has been unavailable, he recommended the public hearing be continued to February 23, 1981. The public hearing was continued to February 23, 1981, as recommended. 2. Mayor Heather opened the continued public hearing regarding the proposed LOCAL COASTAL PRO- GRAM LAND USE PLAN AND DEVELOPMENT POLICIES initiated by the City of Newport Beach for the Coastal Zone. A report from the Planning Department, was pre- sented. A report from the City Attorney, was presented. The City Clerk reported that a letter.had been received after the printing of the agenda from-the Natural History Foundation of Orange County, recom- mending that Council include the endorsement of a natural history museum in the Local Coastal Plan. Judy Haidinger, President of the Natural History Foundation of Orange County, referred to her letter which contained suggested alternative word- ing for Westbay - Page 50. Motion was made to approve alternative wording for Westbay - Page 50, as set forth below: "Westbay (Maps 29, 30). The Westbay site is a large vacant parcel adjacent to the Upper Newport Bay Ecological Reserve at Irvine Avenue. Most of the area is designated for a mixture of Recreational and Environmental Open Space uses and 'Low - Density Residential' uses at 4 DU's per buildable acre, with 75% of the allowable units transferred to Newport Center. Volume 35 - Page 42 0 Oxbow Annx/ #88 C -2229 (38) LCP /Land Use (68) C UNCIL 9 ROLL CALL IS • Ayes Abstain Motion Ayes Noes Motion All Ayes Motion All Ayes Motion Al Ayes Mo)o n All Ayes MINUTES Fuhr".w Q 1QAI INDEX LCP /Land Use "Since a substantial portion of the allowable development has been transferred off the site, and due to the environmentally - sensitive nature of portions of the site, the LCP land use designation shows this mixture to reflect the fact that a great deal of the site will function as public open space. "The six acre park site is shown for a mixture of 'Recreational and Environmental Open Space' and 'Government, Educational and Institutional Facilities' to accommodate the possibility of a Natural History Museum, with possible joint use as an Interpretive Center for the Upper Newport Bay Ecological Reserve. "A public bikeway /walkway is shown for the Westbay site, but careful consideration shall be given at the time it is developed to the environmentally - sensitive nature of the site in locating the accessway. Any development which occurs, shall be located in order to preserve sensitive habitat areas located on the site." Bruce R. D'Eliscu, McLain Development Company, addressed the Council and submitted a letter endorsing the Natural History Foundation's efforts to establish a museum at the Westbay site. It is their feeling that a natural history museum site and interpretive center for the Ecological Reserve would further public awareness and interest. During discussion, Councilman Strauss inquired if the maker of the motion would be agreeable to include at the end of the last paragraph: "Views from Irvine Avenue shall be maximized," to which Mayor Pro Tem Hart replied in the affirmative., • x x x x x Motion was voted on and carried. x x Following consideration of proposed alternative • x x x x x wording for Mouth of Big Canyon, as suggested by x The Irvine Company, the language as set forth on Page 3 of the staff report of February 9, 1981, with the addition that the last paragraph reflect that " residential units not to exceed 10 units per buildable acre. ." was approved. Reference was made to Page 50 of the LCP, wherein the following action was taken: X Eastbluff Remnant was approved. x San Diego.Creek was approved. x Jamboree and MacArthur was approved. x North Star Beach was approved. Volume 35 - Page 43 INDEX LCP /Land Use MINUTES Motion z Motion was made to approve Castaways, with the intent that churches are an acceptable use on more than just this site. • Dave Dmohowski of The Irvine Company, concurred with remarks of Mayor Pro Tem. Hart, and stated that it is their opinion that the LCP should reflect that churches are accepted in any residential zone or any other zone, subject to use permit. There being no objections, the staff was requested to include the foregoing for final review on February 23, 1981. All Ayes Motion was voted on and carried. Motion x Upper Newport Bay Ecological Reserve, Page 51 was All Ayes amended to read: "The City shall continue to work closely with the State Department of Fish and Game to . . . . . . ." Motion x Staff was directed to revise maps to reflect All Ayes existing facilities, such as restrooms, bikeways, etc., rather than proposed facilities. Dick Hogan, 1300 Dove Avenue, referred to Page 22, 1(f), and suggested the wording be changed to read: "New developments on the waterfront shall take into consideration any existing usable water area or docking facilities." M ion x The above change was approved in concept; Ayes staff was directed to reword, keeping in mind the intent of the Coastal Act, and report back at the next Council meeting. Sue Picker, 110 Ninth Street, suggested that Council include "Marinapark" under existing Coastal View areas on Page 26. She gave a brief history of the Marinapark property, indicating that it is her hope that it will someday be a recreational area. Motion x "Marinapark" was added to existing Coastal View All Ayes areas on Page 26. Motion x ". a mixture of recreational and marine com- All Ayes mercial and. " was deleted from De Anza Mobile Home Park, Page 49 of the staff report of February 9, 1981. Motion x The public hearing was continued to February 23, All Ayes 1981, and staff was directed to revise the Local Coastal Plan to be consistent.with previous Council actions. Volume 35 - Page 44 • LCP /Land Use • • MINUTES February 9, 1981 _ 1MULK 3. Mayor Heather opened the continued public hearing Var /Prichard on the APPEAL OF CHARLES E. AND JOAN B. PRICHARD, (91) Corona del Mar, from the decision of the Planning Commission on December 18, 1980, denying Variance No. 1081, a request to permit the expansion of an existing single- family dwelling in the R -1 District which exceeds the maximum allowable building area of 1.5 times the buildable area. The request also included a modification to the Zoning Code with regard to required parking spaces. Property located at 328 Hazel Drive between East Coast Highway and Ocean Boulevard. A report from the Planning Department, dated January 26, 1981, was presented. Letters from Arliene B. Clark and Peggy and C. Merton Johnson in support of granting the variance, were presented. A letter from Mr. Tillner in opposition to granting the variance, was presented. The City Clerk advised that she had received let- ters after the printing of the agenda from Milan Dostal, Attorney for the appellants, in favor of granting the appeal, and from Robert and Elizabeth Cooper, 332 Hazel, opposing the appeal. Mr. Dostal addressed the Council, expressing his reasons why he felt the variance should be granted as set forth in his letter of February 4, stating that the project consists of expanding and completing the construction of a recreation - family room on the lower deck of the Prichard's home. The area has had a concrete slab in place since 1966, which has been used as a recreation and storage area. The Prichards desire to permanently enclose a portion of that slab (352 square feet) to make it more suitable for family usage. Dan Wiseman, 336 Hazel Drive, addressed the Council in support of granting the appeal. He stated that the Prichards had greatly improved their property, and that the proposed enclosure would not block any views. Norman N. Tillner, 324 Hazel Avenue, addressed the Council in opposition to the appeal. He stated he felt the proposed expansion would be detrimental to his property for the reasons as enumerated in his letter of February 4, 1981. Elizabeth Cooper, 332 Hazel Avenue, property owner to the north of the Prichards, addressed the Council in opposition to the appeal, stating that the proposed expansion would obstruct their view and decrease the value of their property. Hearing no others wishing to address the Council, the public hearing was closed. Volume 35 - Page 45 Motion Ayes Noes Mion Ayes Noes is Motion All Ayes Motion All Ayes M n A Ayes x KOGMEN H MINUTES 1 Councilman Strauss made a motion to sustain the decision of the Planning Commission and to deny the appeal, which motion FAILED. The decision of the Planning Commission was over- ruled, and the appeal was granted subject to the Findings and Condition set forth on handwritten Page 14 of the staff report. 4. Mayor Heather opened the public hearing regarding the APPEAL OF MRS. ROBERT MCGIFFIN, Newport Beach, from the decision of the Planning Commission on January 8, 1981, denying Resubdivision No. 671, a request to create two parcels of land for single - family residential development where a portion of one lot now exists, and the acceptance of an Environmental Document. Property located at 647 Irvine Avenue on the westerly side of Irvine Avenuf between Margaret Drive and Holly Lane in Newport Heights; zoned R -1. A report from the Planning Department, was pre- sented. A letter from Attorney at Law Martha Benvenuti, representing the McGiffins, presenting additonal information regarding the appeal, was presented. The City Clerk advised that letters were received after the printing of the agenda from Shiyohei Mukai and Nell Aretia, urging that the appeal be . denied. The City Manager advised that a new issue had occurred since this item was considered by the Planning Commission relative to possible purchase of additional properties, and because this new information, could impact the Commission's decision, he recommended the hearing be cloaed.and the appeal be returned to the Planning Commission with the new information. The appeal of Mrs. Robert McGiffin, Resubdivision No. 671, was returned to the Planning Commission as recommended. E. ORDINANCES FOR ADOPTION: None F. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE -YEAR TERM EXPIRING DECEMBER 31, 1981: Bicycle Trails Citizens Advisory Committee (District 2) Councilwoman Plummer's appointments of Virginia McClellan and Sterling H. Wolfe, Jr., were confirmed. (District 4) Mayor Heather's appointment was defer- red to February 23, 1981. Volume 35 - Page 46 Resub /671 McGiffin (84) CAC (24) Motion x All Ayes tion x Ayes Motion I Ix All Ayes Motion All Ayes Motion All Ayes Motion x All Ayes on x Ayes Lotion x All Ayes Motion Ayes 1x1x1X Noe: Motion All Ayes Motion All Ayes Motion All Ayes Von ` Ix Ayes U CITY OF NEWPORT BEACH MINUTES 9, 1981 (69) (District 6) Councilman Hummel's appointment was deferred to February 23, 1981. (District 7) Councilman Cox's appointment was deferred to February 23, 1981. Environmental Quality Citizens Advisory Committee (District 7) Councilman Cox's appointment was deferred to February 23, 1981. 2. ANNUAL REVIEW OF COUNCIL POLICY MANUAL. The City Manager presented a report dated January 15, 1981, which outlined the recommended changes. x AA =3 (Seating of Councilmen) was deleted, as it also appears in A -10. x A -6 (Recording City Council Meetings and Study Sessions) was approved as recommended. A_8 (Complimentary Balboa Bay Club Membership Cards) was deferred to February 23, 1981. The City Attorney was directed to report on the valuation of the complimentary Balboa Bay Club card, and other similar gifts, which are reportable on the indivi- dual Council member's Statement of Economic Inter- est. A-9 (City Council Committees) was approved as recommended. A= 10(Procedural Rules for the Conduct of City Council Meetings), Pages 1 through 7 were approved i as recommended. x "Public Comments" under Order of Business in A -10 x x x was added_aftei Public Hearings, with the provi- x sion that not more than a total of one -half hour be allowed. Mayor Pro Tem Hart stated that her only reason for voting against the motion was that she did not feel anyone had been denied the right to address the Council on any issue. x Under Order of Business in A -10, the Consent Calendar was moved and listed after Public Comments X Pages 9 through 15 in A -10, were approved, as recommended. x Item 18 in A -10 was approved to allow 3- minutes for citizen remarks, which are nonagenda items, and 5- minutes for items which appear on the agenda. There being no objections, Pages 17 through 20 in A_10 were approved as recommended. Item 26 (Reconsideration) in AA =10 was approved as recommended, with provision that said paragraph be reworded by the City Attorney, if deemed appropri- ate. Volume 35 - Page 47 (69) _ROLL CALL Motion A11.Ayes Mon Al w yes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Mo Aloyes Motion All Ayes Motion All Ayes Motion Ayes Abstain • X1 x CITY OF NEWPORT BEACH MINUTES o,a.- ........ n inoi x 00 =3 (Disposal of Discarded Library Materials) was approved as recommended. x Blanket approval was given to all changes as set forth in the City Manager's report dated January 15 1981. G. CURRENT BUSINESS: 1. A report from the Tidelands Affairs Committee regarding the BALBOA YACHT BASIN, was presented. The following course of action was approved in x x x x concept: x (a) Preparation of a Draft Termination Agreement, assigning the Irvine Company's leasehold interest in the Balboa Yacht Basin to the City of Newport Beach, effective July 1, 1981. (b) That the staff prepare an applica- tion for a State Boating and Waterways' Marine Redevelopment Loan to reconstruct the bulkhead and slips, and staff prepare a Budget Amendment in the amount of $5,000 for engineering assistance inher- ent in preparation of the State applica- tion. Volume 35 - Page 48 lalboa Yacht Sasin '51) x A A-7 (Community Service Recognition Awards) was approved as recommended. x A A_14 (Annual Audit) was amended to reflect that commencing in 1980, and every three years there- after, the City shall obtain written proposals from interested auditors to conduct auditing services. x E E_2 (Costs for City Council /Planning Commission Packets) was approved as recommended. x - -11 (Deposit, Withdrawal and Investment of Funds) was approved as recommended. x G G=4 (Restrictions on Use of Alcoholic Beverages) was approved as recommended. K I I15 (Use, Priorities and Fees for Facilities and Equipment) was approved as recommended. x I I_12 (Ocean Front Street -End Improvements) was approved as recommended. x - -77 (Hillside Development Standards) was approved as recommended. x L L_6 (Private Encroachments in Public Rights -of -Way) was approved as recommended. x L L -9 (Grading Requirements and Procedures for Public Works Projects) was approved as recommended. x 0 00 =2 (Library Services Policy) was approved as recommended. lalboa Yacht Sasin '51) • Motion All Ayes Motion All Ayes u • CITY OF NEWPORT BEACH MINUTES February 9, 1981 ° (c) That staff be directed to prepare a property management system for operating the Marina, and draft a preliminary Budget for the fiscal year 1981 -82. (d) That,the above documents, when completed by staff, be brought back to the City Council for their review and desired action. Craig Porst, 321 Kings Road, Newport Beach,.addre, ed the Council, expressing an interest in leasing the Marina portion of the Balboa Yacht Basin, if the City should advertise for proposals. 2. A report from'the Parks, Beaches and Recreation Director regarding BALBOA ISLAND PARK DEDICATION, was presented. The newly- constructed community building and park on Balboa Island was named Carroll Beek Community Center. H. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION- For introduction and pass to second reading on February 23, 1981: (a) Removed from the Consent Calendar. (b) Proposed Ordinance No. 1875, being, AN ORDI- NANCE AMENDING SECTION 12.24.030 OF THE NEW- PORT BEACH MUNICIPAL CODE TO INCLUDE MONROVIA AVENUE IN THE 35 MILE PER HOUR PRIMA FACIE SPEED LIMIT ZONE AND AMENDING SECTION 12.24. 070 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCLUDE PORTIONS OF PLACENTIA AVENUE AND FIFTEENTH STREET IN THE 40 MILE PER HOUR PRIMA FACIE SPEED LIMIT ZONE. (A report from the Traffic Engineer) For introduction and set for public hearing on February 23, 1981: (c) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: Balboa Is Park /Ded (62) Trfc /Speed Limit (85) (a) Resolution No. 9974 authorizing the Mayor and Off /Site City Clerk to execute an Offsite Parking Pkg /Cagney Agreement between the City of Newport Beach R =9974 and William Cagney in regards to redevelopment C -2249 of Market Basket shopping area. (A report (38) from the Planning Department) (b) Resolution No. 9975 authorizing the Mayor and Resub 654 City Clerk to execute a Subdivision Agreement R -9975 between the City of Newport Beach and Bank of C -2246 Newport in connection with the public improve- (38) ments required with Resubdivision No. 654. report from the Public Works Department) Volume 35 - Page 49 ROLL • I� • CITY OF NEWPORT BEACH MINUTES February 9, 1981 (c) Resolution No. 9976 authorizing the Mayor and Resub 663 City Clerk to execute a Subdivision Agreement R -9976 between the City of Newport Beach and Malcolm C -2250 Davy and Thomas Walker in connection with the (38) public improvements required with Resubdivi- sion No. 663. (A report from the Public Works Department) (d) Resolution No. 9977 authorizing the Mayor and Resub 649 City Clerk to execute a Subdivision Agreement R -9977 between the City of Newport Beach and Carl C -2251 Ackerman in connection with the public im- (38) provements required with Resubdivision No. 649; and accepting the offer of dedication of the 12 -foot radius corner cutoff at the corner of 21st Street and West Balboa Boulevard. (A report from the Public Works Department) (e) Resolution No. 9978 designating intersections Trf /Signs at which vehicles are required to stop and R-99.78 directing the Traffic Engineer to erect neces- (81) sary stop signs (15th Street at Placentia; 15th Street at Superior; Monrovia at I th Street). (A report from the Traffic Engineer) (f) Resolution No. 9979 rescinding Resolution No. Pkg /Rstrctd 9920 which designated the alley between Belvue R -9979 Lane and L Street for parking during restrict- (64) ed hours. (A report from the City Manager) (g) Resolution No. 9980 authorizing the City 0/C Art Council's approval of the Orange County Art Alliance Alliance Planning process for the development R -9980 of an Orange County Cultural Program. (A (24) report from the Arts Commission) (h) Resolution No. 9981 creating a City Council Ad -Hoc Ad -Hoc Airport Committee. (Resolution attach - Airport Cmte ed) R -9981 3. COMMUNICATIONS - For referral as indicated: (24) (a) Removed from the Consent Calendar. (b) To staff for reply, a letter from the Friends Marguerite'/ of Oasis regarding interest in the exchange of 5th Av /Exchg land in the area of Marguerite Street and (73) Fifth Avenue in Corona del Mar being explored between the City and The Irvine Company. (Attached) (c) To the Pending Legislation and Procedural Ethics Committee, a letter from the Executive Director of the orange County Chapter BuildinE Industry Association of Southern California, Inc., urging support of their resolution opposing gifts of public funds to political action and special interest groups. (Attach- ed) Volume 35 - Page 50 0/C Chpt Bldg /Res (77) • • • MINUTES ary 9, 1981 INDEX (d) To the Pending Legislation and Procedural Bolsa Chita Ethics Committee, a letter and sample resolu- Resolution tion from the Executive Secretary, Citizens (77) for Ocean Access and Recreation with accom- panying 57 signed affidavits, urging support for adoption of a Bolsa Chica Resolution. (Letter and sample resolution attached) (e) To staff for report back, a report from the Litter/ Litter Control Committee concerning street and Balboa gutter cleaning /Balboa. (Attached) (44) 4. COMMUNICATIONS - For referral to the City Clerk inclusion in the records: (a) A copy of a letter from the Midway City Sani- tary District President regarding their Board of Directors response to the proposed Solid Waste Management Users Fee. (Attached) (b) A copy of a letter to the City's Traffic Engineer from Newport Crest Homeowners Associ- ation requesting a meeting to review posting and enforcement responsibility to traffic ordinances in Newport Crest. (Attached) (c) A copy of a letter to the Planning Commission from Corona del Mar Civic Association regard- ing interest in public hearings for Specific Plan District for the Corona del Mar business strip. (Attached) (d) A letter from the Dover Shores Community Association, opposing increased expansion of Orange County /John Wayne Airport and suggest- ing positive noise and air pollution goals be accomplished by established time limits/ guarantees written into any permits granted the airlines. (Attached) (e) A letter from the City of Santa Fe Springs re- garding the 1981 California Arts b Humanities Seminar in Indian Wells February 13-16. (Attached) (f) A letter from Al "King Alfonso" Lizanetz regarding his ongoing campaign against the sale of Seagram alcoholic beverages. (g) Local Agency Formation Commission /Orange County: (1) Minutes of January 14, 1981 regular meeting. (Attached) (2) Notice of public hearing, February 11, 1981 at 2:00 p.m. on proposed annexation to City of Costa Mesa (Monte Vista No. 4). (Attached) Volume 35 - Page 51 5. LJ MINUTES 9, 1981 (e) Claim of Nicole Van Liefde for personal in- Van Liefde juries and property damage, alleging that the street was improperly paved, causing her motorscooter to go out of control in the vicinity of West Balboa, between 26th Street and 25th Street, on January 7, 1981. (f) Claim of Conrad J. Menconi for property damage Menconi sustained on January 13, 1981 at Coast Highway near bridge construction, alleging that a Newport Beach Police unit rear -ended a car, which was pushed into claimant's vehicle. Volume 35 - Page 52 (3) Preliminary Agenda, February 11, 1981. (Attached) (h) Orange County Division - League of California Cities: (1) Minutes of General Meeting, January 8, 1981. (Attached) (2) Tentative Agenda - General Meeting, February 5, 1981. (Attached) (i) Orange County Board of Supervisors Agenda for January 27, 28 and February 3 and 4, 1981. (j) Minutes of the Administrative Hearing held on January 29, 1981 concerning use of Federal Revenue Sharing Funds. (Attached) (k) Letter from staff in reply to Orange County EMA regarding proposed air pollution control measures. CLAIMS FOR DAMAGES: - For denial and confirmation (36) of the City Clerk's referral to claims adjuster: (a) Claim of Lenore (Lee) Brown for personal Brown injuries and property damage allegedly sus- tained by a City truck while crossing the street on foot at Goldenrod Avenue, Corona del Mar on January 7, 1981. (b) Claim of Margaret J. Wilson for personal Wilson property damage when she slipped on allegedly freshly applied red paint by the City's paint crew in the vicinity of 720 Narcissus in Corona del Mar, on January 15, 1981. (c) Claim of Karen Luchesi for property damage, Luchesi when a rock allegedly thrown from a City lawn mower hit the door of her car in the vicinity of El Capitan Park at the corner of Spyglass Hill Road on December 18, 1980. (d) Claim of Edward Ortiz for alleged personal Ortiz injuries suffered from incident with Newport Beach Police Officer in the vicinity of Balboa and 33rd Street on January 17, 1981. (e) Claim of Nicole Van Liefde for personal in- Van Liefde juries and property damage, alleging that the street was improperly paved, causing her motorscooter to go out of control in the vicinity of West Balboa, between 26th Street and 25th Street, on January 7, 1981. (f) Claim of Conrad J. Menconi for property damage Menconi sustained on January 13, 1981 at Coast Highway near bridge construction, alleging that a Newport Beach Police unit rear -ended a car, which was pushed into claimant's vehicle. Volume 35 - Page 52 L] • • MINUTES (g) Claim of Barry Loyd for personal injuries allegedly sustained on October 25, 1980 at 61( Edgewater, while claimant was walking on ramp toward boat slip when his foot lodged in gap between walkway. (h) Claim of Jimmie Earl McDonald for personal injuries allegedly sustained on November 2, 1980 in the vicinity of Carnation Park, Bayside Drive, when he fell from slide in the park. 6. SUMMONS AND COMPLAINTS: - For confirmation of the City Clerk's referral to the claims adjuster: (a) Summons on Amended Complaint of Alfred J. Bertulli, for False Arrest; False Imprison- ment; Assault and Battery; Intentional Infli tion of Mental Distress; Negligence; Neglige Employment Retention; and Abridgment of Fed- eral Civil Rights, 42 U.S.C., 1983, O.C. Superior Court Case U 34- 10-76. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Business License Inspector, Finance Depart ment, to fill a vacant position. (b) One Groundsman - Gardner I, Parks Department, to fill a vacant position. (c) One Utilities Specialist, Utility Department, to fill a vacant position. (d) One Equipment Mechanic I, General Services Department, to fill a vacant position. (e) One Laborer, General Services Department, to fill a vacant position. B. STAFF AND COMMISSION REPORTS: - For information E approval: (a) Report from the Airport Aviation Committee concerning approval of airport improvements. (Attached) (b) Report from the Airport Aviation Committee recommending denial of certain airport im- provements. (Attached) (c) Report from the Building Director concerning Model Code for rehabilitation of residential hotels. (Attached) (d) Report from the Building Director c solar panel installation guidelines ad) Volume 35 - Page 53 Loyd McDonald Bertulli (66) O/C /John Wyn Airport (58) O/C/John Wyn Airport (58) Building (26) Building (26) Motion All Ayes x �r MINUTES 1981 (e) Report from the Police Department in reply to Herbert F. Whitley °s complaint concerning the dog droppings in West Newport Beach (Seashore Drive and the new City park and playground in West Newport). (Attached) 9. PUBLIC HEARING SCHEDULING: None. 10. Removed from the Consent Calendar. 11. ACCEPTANCE OF RESURFACING OF BALBOA BOULEVARD, 23R STREET TO 32ND STREET (C -2206) - Acceptance of the work; authorization to the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after Notice of Com- pletion has been filed. (A report from the Public Works Department) 12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 7967 - Acceptance of the public improvements constructed in conjunction with Tract No. 7967; authorization to the City Clerk to release the Faithful Perfor- mance Bond (Bond No. M045570); and authorization to the City Clerk to release the Labor and Material Bond (Bond No. M045570) in six months provided no claims have been filed. (A report from the Public Works Department) 13. Removed from the Consent Calendar. 14. ACQUISITION OF 203 -34TH STREET - Authorization to staff to retain an appraiser to determine the fair market value of 203 -34th Street. (A report from the Public Works Department) 15. HARBOR PERMIT APPLICATION - Approval of applicati by Ed Roth to revise an existing pier and float under Harbor Permit #213 -207 located at 207 Edge- water. (A report from the Marine Department) 16. BUDGET AMENDMENTS: - For approval: BA -048, $45,000 increase in Budget Appropriations and increase in Revenue Estimates for establish- ment of Revenues and Appropriations for the 75th Anniversary Fund. (A report from the Budget Com- mittee) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. The proposed ordinance AMENDING SECTIONS 20.10.035, 20.10.045, 20.10.050, 20.83.070, 20.83.090, 20.87. 320,and 20.87.260 AS THEY PERTAIN TO MODIFICATIONS COMMITTEE, NONCONFORMING STRUCTURES AND USES, AND RESIDENTIAL PARKING STANDARDS; Planning Commission Amendment No. 557, a request initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach Municipal Code as it per- tains to the powers and duties of the Modifications Committee; nonconforming structures and uses; and residential parking standards; and the acceptance of an Environmental Document; presented for intro- duction, was deferred to February 23, 1981, for further information from the Planning Department. Volume 35 - Page 54 PD /Anml Cntrl (70) Balboa B1 Resurf 0-2206 (38) Tr 7967 Prpty /Acq (73) Harbor Per (51) (25) Zone Amnd (94) Motion x All Ayes • Motion All Ayes Motion x Ayes x x x x x Noes x x Notion x All Ayes • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES 2. The report from the Public Works Department relative to CARNATION COVE (JASMINE CREEK STORM DRAIN OUTLET) was deferred to March 9, 1981 Study Session to allow residents in the Carnation Cove area to review the report and submit their sug- gestions at that time. 3. Following comments by Louise Greeley of Newport Crest Homeowners Association, the request regard traffic concerns on Superior Avenue, and egress/ ingress to Ticonderoga, was referred to the Traffic Affairs Committee for report back in six weeks. 4. Jim Keisker addressed the Council appealing the decision of the Public Works Department, denying his application to encroach into Ocean Front with patio and surrounding wall 3 feet in height adja- cent to 5311 Seashore Drive. The appeal was denied. 5. Following remarks by the City Attorney, proposed Ordinance No. 1874, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.020( OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE FOUR, 28TH STREET BETWEEN LIDO PARK DRIVE AND THE RHINE; AND AMENDING SECTION 12.44.020(f) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE SIX, 28TH STREET BETWEEN NEWPORT BOULEVARD AND VILLA WAY; was introduced and passed to second reading on February 23, 1981. J. ADDITIONAL BUSINESS: 1. Resubdivision No. 672 and Use Permit No, 1969 for property located at 107 and 109 Grand Canal, Balboa Island, was scheduled for Council review and public hearing on February 23, 1981. 2. Mayor Heather advised that the Council had, in closed session, discussed with the City Attorney what legal options the City had with respect to the John Wayne Airport Master Plan . variance hearings and its affect on the City. As requested by Mayor Heather, Councilman Cox gave a summary of the meeting he attended last Friday with the Mayor and Mayor Pro Tem at Orange County Supervisor Thomas Riley's office, at which time, Supervisor Riley expressed his concerns regarding the City's opposition to the Airport Master Plan. Councilman Cox stated that at the meeting, Super- visor Riley, and others in attendance, were remind- ed of the City's "position papers," which had been submitted to the County in January. It was his perception that those representing Riley's office did not feel that the City's view of 41 flights was appropriate; the limit of 3.5 million passenders was appropriate; or Volume 35 - Page 55 Carnation Cove /JasCrk (79) Trfc /Sig HospRd /Sup (81) Keisker/ Encroachment (65) Pkg /Restr 0 -1874 (64) Resub 672 6 UP 1969 John Wyn/ Airport Matt Plan Motion Ail Ayes Motion All Ayes is • x v MINUTES 9, 1981 the 75,000 square foot facility was appropriate. felt that Supervisor Riley's perception of the problem was one of noise for Newport Beach, which he also felt was reiterated by almost everyone in attendance. He felt that Supervisor Riley's goal was to limit the amount of noise and assure the City that no greater amount of noise would occur than at present. In conclusion, he informed the Council that the Ad -Hoc Airport Committee intends to pursue all avenues already initiated by the Council. In view of Councilman Cox's remarks, and the recommendations of the Ad -Hoc Airport Committee, Council approved the continuance of the ad cam- paign, as was approved on January 26, 1981. The Ad -Hoc Airport Committee was directed to report back to the County to reaffirm the City's position with respect to the John Wayne Airport Master Plan and EIR; to attempt to enter into some type of written agreement with respect to the County's guarantees /assurances to the City of Newport Beach, and further, to report back to the Council on Tuesday, February 17 at 7:30 p.m., if deemed appropriate. The meeting was adjourned at 11:35 p.m., to 7:30 p.m., Tuesday, February 17, 1981, and in loving memory of Carroll Beek, who passed away on February 8, 1981. ATTEST: City' Volume 35 - 56 0 Ad -Hoc Airport Committee Ad -Hoc Airport Committee