HomeMy WebLinkAbout02/28/1977 - Regular MeetingCOUNCILMEN
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ROLL CALL
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Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: February 28, 1977
MINUTES
Present
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Won
x
February 14, 1977 was waived, and said Minutes were
Ayes
x
x
x
x
x
x
x
approved as written and ordered filed.
The reading in full of all ordinances and resolutions
Motion
x
under consideration was waived, and the City Clerk was
Ayes
x
x
x
x
x
x
x
directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the continued public hearing
Conflict
for the purpose of adopting a Conflict of Interest
of
Code.
Interest
A report was presented from the City Attorney.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one desired to be heard.
Motion
x
Councilman Kuehn made a motion to adopt Resolution
No. 9005 adopting a Conflict of Interest Code
applicable to designated City officials and
employees pursuant to the Political Reform Act of
1974.
Motion
x
Councilman McInnis made a substitute motion to
R -9005
amend Resolution No. 9005 to state that only the
following designated employees be required to file
l
l
annual disclosure statements: City Manager, City
Attorney, Assistant City Attorney, City Clerk,
Department Heads, Assistant Department Heads,
Purchasing Agent and Planning Commission.
A vote was taken on Councilman McInnis'substitute
Ayes
x
x
x
x
x
x
motion, which motion carried, and Resolution
Noes
x
No. 9005, as amended, was adopted.
2. Mayor Dostal opened the public hearing regarding
Ordinance No. 1705, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Community
AMENDING SECTIONS 20.80.050, 20.81.040,
Development
20.82.040, 20.84.030, 19.12.040 AND 19.12.070
Procedures
OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY
0 -1705
PERTAIN TO THE REQUIRED NOTICE OF OWNERS OF
PROPERTY LOCATED OUTSIDE THE LIMITS OF THE
CITY OF NEWPORT BEACH AND ADDING SECTIONS
20.80.077, 20.81.075, 20.82.080 AND 20.84.070
PERTAINING TO THE REQUIRED NOTICE OF COUNTY
ASSESSOR AND THE OWNER OF RECORD OF ACTIONS
TAKEN TO GRANT USE PERMITS, MODIFICATION
PERMITS, VARIANCE PERMITS AND OTHER AMEND-
MENTS WHICH RESULT IN ANY CHANGE FROM ONE
DISTRICT TO ANY OTHER DISTRICT,
Planning Commission Amendment No. 479, a request
l
initiated by the City.of Newport Beach to consider
an amendment to the Municipal Code relative to
notification procedures in connection with Use
Permits, Modification Permits, Variance Permits,
Amendments, Resubdivisions and Tentative Maps.
i
Volume 31 - Page 44
COUNCILMEN
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ROLL CALL \ February 28, 1977
MINUTES
PImcw
A report was presented from the Community Develop-
ment Department.
on
x
The hearing was closed after it was determined
x
x
x
x
x
x
x
that no one desired to be heard.
Motion
x
Ordinance No. 1705, as recommended by the Planning
Ayes
x
x
x
x
x
x
x
Commission, was adopted.
3. Mayor Dostal opened the public hearing regarding
Hearing
Ordinance No, 1706, being,
Notices
0 -1706
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTION 20,82.070 ENTITLED "RIGHT OF
REVIEW BY CITY COUNCIL" TO TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE,
Planning Commission Amendment No. 480, a request
initiated by the City of Newport Beach to consider
an amendment to the Municipal Code providing for
the 'right of review by City Council in connection
with Variance Permits.
A report was presented from the Community Develop-
ment Department.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one desired to be heard.
Motion
x
Ordinance No. 1706, as recommended by the Planning
.s
x
x
x
x
x
x
x
Commission, was adopted.
4. Mayor Dostal opened the public hearing regarding
District
Ordinance No. 1707, being,
Map 11
0 -1707
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
REZONING PROPERTY AND AMENDING DISTRICTING
MAP NO. it (806, 808, 810, 812 AND 814 EAST
OCEAN FRONT, 107 "A" STREET AND 815 EAST
BALBOA),
Planning Commission Amendment No. 482, a request
initiated by the City of Newport Beach to amend
portions of Districting Map No. 11 from the C -1
District to the R -2 District.
A report was presented from the Community Develop-
ment Department.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
X
x
x
x
that no one desired to be heard.
Motion
x
Ordinance No. 1707, as recommended by the Planning
Ayes
x
x
x
x
x
x
x
Commission, was adopted.
5. Mayor Dostal opened the public hearing regarding
District
Ordinance No. 1708, being,
Map 11
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1708
REZONING PROPERTY AND AMENDING DISTRICTING
MAP NO. 11 (807 AND 809 EAST BAY AVENUE AND
900 EAST BALBOA BOULEVARD, ALSO KNOWN AS 901
EAST BAY AVENUE),
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Volume 31 - Page 45
COUNCILMEN
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ROLL CALL \
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February 28, 1977
MINUTES
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Planning Commission Amendment No. 481, a request
initiated by the City of Newport Beach to amend
portions of Districting Map No. 11 as follows:
•
from the C -1 District to the R -2 District, a
portion of Lot 3 and Lot 4, Block 11, Balboa
Tract Eastside Addition, known as 807 and 809
East Bay Avenue; and from the C -1 District to the
R -3 District, Lot 1, Block 13, Balboa Tract
Eastside Addition, known as 901 East Bay Avenue.
A report was presented from the Community Develop-
ment Department.
Motion
x
The hearing was closed after it was determined
Ayes
X.
x
x
x
x
x
x
that no one desired to be heard.
Motion
x
Ordinance No. 1708, as recommended by the Planning
Ayes
x
x
x
x
x
x
x
Commission, was adopted.
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1709, being,
Animal
Control
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1709
AMENDING SECTIONS 7.16.010 AND 7.16.020 OF
THE NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO ANIMALS AT LARGE - IMPOUNDING,
was presented for second reading.
A report to the City Manager from the Police
Chief
was presented.
George Perlin, a member of SCOOP, addressed the
Council and urged adoption of the ordinance.
Motion
x
Ordinance No. 1709 was adopted.
Ayes
x
x
x
x
x
x
x
2. Ordinance No. 1712, being,
Balboa
Island
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Bridge
ADDING SECTION 12.32.015 ENTITLED "BALBOA
Weight
ISLAND BRIDGE SPEED RESTRICTIONS" TO THE
Limit
NEWPORT BEACH MUNICIPAL CODE,
0 -1712
was presented for second reading.
Motion
x
Ordinance No. 1712 was adopted.
Ayes
x
x
x
x
x
x
x
CONTINUED BUSINESS;
1. A report was presented from the City Attorney
Ticonde
regarding the vacation of Ticonderoga Street.
Street
A letter from the West Newport Improvement
Association was presented supporting the request
•
of Newport Crest Homeowner's Association that
Ticonderoga Street be vacated as a public street.
Motion
x
The subject was postponed for up to ninety days.
Ayes
x
x
x
x
x
x
x
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Volume 31 - Page 46
:yoga
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COUNCILMEN
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2s
February 28
•
Motion
Ayes
Motion
Ayes
Motion
Ayes
Motion
Ayes
is
Motion
Motion
Ayes
Motion
Ayes
Noes
Motion
Ayes
Noes
•
Ayes
Noes
MINUTES
1977
__1NOEX _
Citizens
Advisory
Committees
Bicycle
CAC
Com Dev
CAC
CdM Traffic
Survey
2. Appointments to the Citizens Advisory Committees
for a one -year term ending December 31, 1977:
Bicycle Trails Citizens Advisory Committee
(District 3) Mayor Pro Tem Barrett's appoint -
x
ment of a member to replace William Patrick
•
x
x
x
x
x
x
was postponed to March 14, 1977.
(District 4) Mayor Dostal's appointment of
x
members to replace Allan Beek and Tom
•
x
x
x
•x
x
x
MacKinnon was postponed to March 14, 1977.
(District 5) Councilman Ryckoff's appointment
x
of a member to replace Jane Bihler was post -
•
x
x
x
x
x
x
poned to March 14, 1977.
Community Development Citizens Advisory_
Committee
(District 3) Mayor Pro Tem. Barrett's appoint-
ment of a member to replace Ann L. Spencer,
and (District 5) Councilman Ryckoff's
x
appointment of a member to replace Gwendolyn
•
x
x
x
x
x
x
Felton were postponed to March 14, 1977.
3. A report was presented from the Corona del Mar
Traffic and Parking Task Force regarding the Corona
del Mar traffic questionnaire.
Robert Stoessel, Chairman of the Corona del Mar
Traffic and Parking Task Force Subcommittee, and
Dr. Robert Frye addressed the Council.
x
Councilman McInnis made a motion to accept the
Committee's recommendation for Alternate "A," and
to direct the staff to prepare the required
budget amendment.
The following people addressed the Council
opposing the proposed questionnaire or requesting
postponement of a decision: Roy Giordano, J. R.
Blakemore and Ron Kennedy.
x
Mr. Blakemore was granted two additional minutes
•
x
x
x
x
x
x
for his presentation.
Val Skoro addressed the Council in favor of the
proposed questionnaire.
x
Councilman Ryckoff made a substitute motion to
x
x
table the matter, which motion failed to carry.
x
x
x
x
x
x
Councilman Rogers made a substitute motion to
x
x
x
refer the report back to the primary Citizens
•
x
x
x
Traffic Committee for their review and their
comment, and to direct that extra copies be
printed for the public to read and study, with the
report to be returned to Council in one month,
which motion failed to carry.
•
x
x
x
A vote was taken on Councilman McInnis' motion,
x
x
x
which motion carried.
Volume 31 - Page 47
__1NOEX _
Citizens
Advisory
Committees
Bicycle
CAC
Com Dev
CAC
CdM Traffic
Survey
ROLI
COUNCILMEN
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9R 9077
MINUTES
ace No. 1714, being,
CE OF THE CITY OF NEWPORT
DING SECTION 12.24.058 OF
T BEACH MUNICIPAL CODE TO
A SPEED LIMIT ON SAN JOAQUIN
FROM MARGUERITE AVENUE TO
ILLS ROAD,
714 was introduced and passed to
on March 14, 1977.
esented from the Community Develop -
regarding the Final Map of Tract
uest of The Irvine Company to
acres into nine numbered lots for
lding sites and four lettered lots
esented from the Public Works
If Tract No. 9587 was approved,
y reference the condition recom-
'lanning Commission; and the
litions were adopted:
9006 authorizing the Mayor and
mecute an agreement between the
-vine Company for construction
in Tract No. 9587.
9007 accepting a corporation grant
Irvine Company for Lots 1, 2 and
9587 (Park sites in the Harbor
7esented from the Community Develop-
: regarding the Final Map of Tract
guest of The Irvine Company to
I acres into five numbered lots for
.lding sites and two lettered lots
ccated in an area bounded by the
Lass Hill" Development, the "Bren
it, Broadmoor Seaview, San Miguel
San Joaquin Reservoir site. (This
Tentative Tract No. 8725 - Sector
Lew Hills known as "Harbor Ridge ";
)f Tract No. 9588 was approved,
>y reference the condition recom-
?lanning Commission; and Resolution
rizing the Mayor and City Clerk to
cement between the City and The
for construction of improvements in
was adopted,
olume 31 - Page 48
Speed
Limits
0 -1714
Tract 9587
R -9006
R -9007
Tract 9588
R -9008
4. Proposed Ordins
AN ORDINM
•
BEACH AMEr
THE NEWPOF
ESTABLISH
HILLS ROAI
SPYGLASS I
was presented.
Motion
x
Ordinance No. ]
Ayes
x
x
x
x
x
x
second reading
Noes
x
CURRENT BUSINESS:
1. A report was pi
ment Department
No. 9587, a re(
subdivide 50.4(
condominium bui
for streets.
A report was p3
Department.
Motion
x
The Final Map c
Ayes
x
x
x
x
x
x
incorporating 1
Noes
x
mended by the I
following reso:
Resolution No.
City Clerk to i
City and The L
of improvements
Resolution No.
deed from The
3 of Tract No.
Ridge area).
2. A report was p,
went Departmen
No. 9588, a re,
subdivide 10.9'
condominium bu
for streets; 1
existing "Spyg
III" developme.
Drive, and the
is a portion o
IV of Harbor V
zoned P -C).
Motion
x
The Final Map
Ayes
x
x
x
x
x
x
x
incorporating
mended by the
.
No. 90081
execute an agr
Irvine Company
Tract No. 9588
i
V
MINUTES
ace No. 1714, being,
CE OF THE CITY OF NEWPORT
DING SECTION 12.24.058 OF
T BEACH MUNICIPAL CODE TO
A SPEED LIMIT ON SAN JOAQUIN
FROM MARGUERITE AVENUE TO
ILLS ROAD,
714 was introduced and passed to
on March 14, 1977.
esented from the Community Develop -
regarding the Final Map of Tract
uest of The Irvine Company to
acres into nine numbered lots for
lding sites and four lettered lots
esented from the Public Works
If Tract No. 9587 was approved,
y reference the condition recom-
'lanning Commission; and the
litions were adopted:
9006 authorizing the Mayor and
mecute an agreement between the
-vine Company for construction
in Tract No. 9587.
9007 accepting a corporation grant
Irvine Company for Lots 1, 2 and
9587 (Park sites in the Harbor
7esented from the Community Develop-
: regarding the Final Map of Tract
guest of The Irvine Company to
I acres into five numbered lots for
.lding sites and two lettered lots
ccated in an area bounded by the
Lass Hill" Development, the "Bren
it, Broadmoor Seaview, San Miguel
San Joaquin Reservoir site. (This
Tentative Tract No. 8725 - Sector
Lew Hills known as "Harbor Ridge ";
)f Tract No. 9588 was approved,
>y reference the condition recom-
?lanning Commission; and Resolution
rizing the Mayor and City Clerk to
cement between the City and The
for construction of improvements in
was adopted,
olume 31 - Page 48
Speed
Limits
0 -1714
Tract 9587
R -9006
R -9007
Tract 9588
R -9008
COUNCILMEN MINUTES
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ROLL CALL F
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\ \ Fehruary 7R_ 1977 �runFx
3. A report was presented from the Community Develop-
Newport
ment Department regarding a proposed resolution
Center
•
initiated by the Planning Commission establishing
development limitations in Newport Center.
Developmnt
Limitations
Dick Clucas, Chairman of the Transportation Plan
Citizens Advisory Committee, addressed the Council
in response to questions regarding the Committee's
study of the Crommelin- Pringle Report.
Motion
x
Mayor Pro Tem Barrett made a motion to adopt
R -9009
Resolution No. 9009 establishing development
limits in Newport Center.
Councilman McInnis asked that the motion be
amended to change the wording in the last sentence
in the third from the last paragraph from "pro-
jected in the Voorhees and Crommelin- Pringle
Reports," to "provided in the approved street
development plan," which amendment was accepted
by the maker of the motion.
Ayes
x
x
x
x
x
A vote was taken on Mayor Pro Tem Barrett's
Noes
x
x
amended motion, which motion carried.
Councilman Ryckoff made the following statement
for the record: "Proposing or supporting a
growth commitment of this magnitude, without
public hearings, without backup material and
without consideration of General Plan changes
which may be desirable and relevant, is not in
the public interest.
"There seems to be no pressing reason to establish
the maximum development for Newport Center at
this time. There certainly is no justification
for reliance on the Crommelin- Pringle Report,
which was done for The Irvine Company, was not
accepted by the City, which contains questionable
premises and conclusions and still shows traffic
deficiencies.
"I believe the public should look to the motives
of those who supported this measure, despite all
the disclaimers, approved without public hearings,
without backup material and serving private
interest at the expense of public interest."
4. A report was presented from the Public Works
Vacation
Director regarding the vacation and abandonment
P U Easmnt
of a public utility easement over Lots 1, 2 and 3
B1 A
of Block A, Tract No. 673 in Corona del Mar,
Tract 673
located south of East Coast Highway between Poppy
Avenue and Hazel Drive.
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 9010 adopting a map showing the
R -9010
existing 10 -foot public utility easement to be
vacated and abandoned (Lots 1, 2 and 3 of Block
A, Tract No. 673 in Corona del Mar).
o-
Volume 31 - Page 49
COUNCILMEN
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ROLL CALL T \ \ February 28, 1977
MINUTES
iiuncv
Resolution No. 9011 declaring Council's
R -9011
intention to order the vacation and abandonment
•
of an existing 10 -foot wide public utility
easement over Lots 1, 2 and 3 of Block A,
Tract No. 673 in Corona del Mar, and setting a
public hearing for March 28, 1977.
5. A report was presented from the Public Works
Encroachment
Director regarding the application of Brownley
Parkway
Hubble to construct stairs and walls in the park-
362 Evening
way at 362 Evening Canyon Road, Corona del Mar.
Canyon Rd
Motion
x
The application of Brownley Hubble was approved,
Ayes
x
x
x
x
x
x
x
subject to the applicant's signing a hold - harmless
agreement with the City.
6. A report was presented from the Public Works
Corporation
Director regarding site improvements - Superior
and
Avenue Corporation Yard and 16th Street Utility
Utility Yds
Yard.
Motion
x
The construction of partial improvements to
Ayes
x
x
x
x
x
x
x
Superior Avenue Corporation Yard, Contract No. 1665.
consisting of Industrial Way access road, grading
and frontage work, and of a partial storage yard
and site improvements at the 16th Street Utility
Yard, Contract No. 1905, was approved.
7. A report was presented from the Public Works
Resub 520
Director regarding Resubdivision No. 520, located
on the northeast corner of West Coast Highway and
Orange Street in Newport Shores; Charles, Dreams,
Edward and Mary Baur, subdividers.
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 9012 approving the parcel map for
R -9012
Resubdivision No. 520 and accepting the offer of
dedication in connection therewith.
Resolution No. 9013 approving a subdivision
R -9013
agreement between the City of Newport Beach and
Charles, Dreams, Edward and Mary Baur, and
authorizing the Mayor and City Clerk to execute
said agreement (Resubdivision No. 520).
Resolution No. 9014 approving an agreement
R -9014
between the City of Newport Beach and Charles,
Dreams, Edward and Mary Baur in connection
with cash payment to the City for improvements
required on West Coast Highway (Resubdivision
No. 520).
8. A report was presented from the Acting City
Council
Librarian regarding Council policy pertaining to
Policy
disposal of discarded library materials.
on
x
Council Policy 0 -3 entitled "Disposal of Discarded
es
x
x
x
x
x
x
x
Library Materials," was adopted.
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Volume 31 - Page 50
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL \ \ February 28, 1977
MINUTES
INDEX _
Arts
Lval
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ise
•ict
A 51
.5
ication
.ts
.6
9. A report was presented from the City Arts Commis-
City
sion regarding budget requirements for the 1976 -77
Festj
•
Arts Festival.
Mitch Teemley, Chairman of the Festival Committee,
addressed the Council and responded to questions
regarding the Festival.
Motion
x
The staff was directed to prepare a budget amend -
Ayes
x
x
x
x
x
x
ment in the amount of $5,950, subject to the
Noes
x
condition that income from the other activities
of the Festival would help defray this amount.
10. A copy of a letter to the Business License
Busir
Division from Jane H. Hunter was presented protest-
Licer
ing the $50.00 which she has to pay for a business
Fee
license for her triplex in Corona del Mar.
Mrs. Jane Hunter addressed the Council.
Motion
x
The subject was reviewed, and referred to staff
Ayes
x
x
x
x
x
x
x
for filing.
CONSENT CALENDAR:
Motion
x
The following items were approved by one motion affirm -
Ayes
x
x
x
x
x
x
x
ing the actions on the Consent Calendar:
1. The following ordinances were introduced and set
for public hearing on March 14, 1977:
•
(a) Proposed Ordinance No. 1715, being, AN
Distr
ORDINANCE OF THE CITY OF NEWPORT BEACH
Maps
AMENDING PORTIONS OF DISTRICTING MAPS NO. 32
32 ar
AND 51 TO RECLASSIFY FROM THE "R -2 -B DISTRICT
0 -171
AND THE R -3 -B DISTRICT TO THE OPEN SPACE
DISTRICT" CERTAIN PROPERTY WHICH HAS BEEN
DESIGNATED AS A SITE FOR A SENIOR CITIZENS
CENTER WHICH IS LOCATED ON THE WESTERLY AND
EASTERLY SIDE OF MARGUERITE AVENUE AT FIFTH
AVENUE IN CORONA DEL MAR, Planning Commission
Amendment No. 487, a request initiated by the
City of Newport Beach to consider an amend-
ment to portions of Districting Maps No. 32
and 51 to reclassifv from the R -2 -B District
and the R -3 -B to the OS Open Space District
certain property which has been designated as
a site for a Senior Citizens Center and
which is located on the westerly and easterly
sides of Marguerite Avenue at 5th Avenue in
Corona del Mar. (Report from the Community
Development Department)
(b) Proposed Ordinance No. 1716, being, AN
Modif
ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND-
Permi
ING SECTION 20.81.090 OF THE NEWPORT BEACH
0 -171
MUNICIPAL CODE TO PROVIDE THAT MODIFICATION
•
PERMITS NOT USED WITHIN EIGHTEEN MONTHS FROM
THE DATE OF APPROVAL SHALL BE AUTOMATICALLY
REVOKED, Planning Commission Amendment No.
484, a request initiated by the City of
Newport Beach. (Report from the Community
Development Department)
Volume 31 - Page 51
Arts
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ication
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COUNCILMEN
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ROLL CALL February 28, 1977
MINUTES
INDEX
rk
(c) Proposed Ordinance No. 1717, being, AN
Newport
ORDINANCE OF THE CITY OF NEWPORT BEACH
Shores
•
AMENDING SECTION 20.61.060 OF THE NEWPORT
BEACH MUNICIPAL CODE TO REQUIRE A USE PERMIT
Specific
Area
FOR RESTAURANT USES WITHIN THE AREAS DESIG-
Plan
NATED FOR COMMERCIAL DEVELOPMENT IN THE
0 -1717
NEWPORT SHORES SPECIFIC AREA PLAN, Planning
Commission Amendment No. 485, a request
initiated by the City of Newport Beach.
(Report from the Community Development
Department)
2. The following resolutions were adopted:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) Resolution No. 9015 authorizing the Mayor and
Traffic
City Clerk to execute a cooperative financing
Signal
agreement between the City of Newport Beach
R -9015
and the City of Costa Mesa for modification
of traffic signal at Irvine Avenue and
Westcliff Drive. (Report from the Public
Works Department)
(d) Resolution No. 9016 authorizing the Mayor and
Traffic
City Clerk to execute a cooperative financing
Signal
agreement between the City and the State of
R -9016
California, Department of Transportation, in
connection with the construction of a traffic
signal at Coast Highway and Prospect Street.
(Report from the Public Works Department)
(e) Resolution No. 9017 authorizing the submittal
Coast Hw}
of an application to the Southern California
Bikeway
Association of Governments (SCAG) requesting
R -9017
S.B. 921 facility funds for construction of
Coast Highway Bikeway adjacent to Bayshores.
(Report from the Public Works Director)
(f) Resolution No. 9018 authorizing the Mayor and
OrCo
City Clerk to execute an agreement between
Airport
the City of Newport Beach and Valley Associate
R -9018
for consulting services in connection with
Orange County Airport. (Exhibit)
(g) Resolution No. 9019 authorizing the Mayor
Marinapa
and City Clerk to execute a consent to sale
R -9019
of Mobilehome and Trailer Space in Newport
Marinapark (Tredick and Scott). (Report from
the City Attorney)
3. The following communications were referred as
indicated:
(a) To the Planning Commission, a letter to
Cannery
Mayor Dostal from James Person, Jr., attorney
Village
•
for the Delaney's Restaurants, requesting
Parking
that Council take action to require off -
street parking for the various small industria
concerns in the Cannery Village area. (Copies
mailed to Council)
(b) Removed from the Consent Calendar.
Volume 31 - Page 52
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COUNCILMEN MINUTES
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e ��y$fl�„� 0 %< ?ys
ROLL CALL s \ \ February 28, 1977 tincv
(c) To staff, a letter from C. P. Avery regarding
Dredging
undercutting damage to City property caused
by dredging operations for the Marina at 3300
.
Via Lido. (Copies mailed to Council)
(d) To staff for inclusion in on -going study, a
Balboa -
letter from W. Merting regarding the leasing
Newport
of the pier concessions at both the Balboa
Pier
and Newport piers. (Copies mailed to Council)
Concession
(e) To staff for reply, a letter from Mrs. Jean
Animal
Tandowsky regarding the reason for being late
Regulation
in paying her dog license and asking that the
fine be waived. (Copies mailed to Council)
(f) To staff for reply, a letter from H. Scott
Speed
Paulsen, the principal of the Anderson School
Limits
located at 1900 Port Seabourne, protesting
the possibility of an increase in the posted
speed limit on Port Seabourne from 25 MPH.
(Copies mailed to Council)
(g) Removed from the Consent Calendar.
(h) To the City's representative to the League, a
SB 164
letter from the Orange County Division of the
League of Cities requesting support in oppos-
ing Senate Bill 164, proposing compulsory and
binding arbitration in labor disputes. (Copies
mailed to Council)
•
(i) To the City's representative to the League, a
League of
letter from the Orange County Division of the
Calif
League of California Cities, regarding
Cities
vacancies on State League Advisory Committees
Cmtes
for Administrative Services and Employee
Relations. (Copies mailed to.Council)
(j) To the City's representative to the League, a
League of
letter from the Orange County Division of the
Calif
League of California Cities requesting dele-
Cities
gates be ready to vote on the issue of sales
tax origin and strikes by farm workers during
harvest season. (Copies with resolutions
from the cities of Orange and Yorba Linda
mailed to Council)
(k) To Pending Legislation and Ethics Committee,
Water
a resolution from the City of Placentia
Conservat"
encouraging the use of water saving devices.
(Copies mailed to Council)
(1) To the Water Committee, a letter from the
Water
California Water Resources Board requesting
financial support for informing the public
and the policy - makers regarding programs to
provide California with adequate water
supplies. (Copies mailed to Council)
(m) To staff for inclusion in on -going study, a
Senior
letter from Ron Yeo commenting on the Master
Citizens
Plan for the Senior Citizens Center. (Copies
Center
mailed to Council)
i
Volume 31 - Page 53
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COUNCILMEN
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ROLL CALL February 28, 1977
MINUTES
INf1Fy
(n) To staff for report back, a letter from
Harbor
George and Mary Ingles protesting a boat
Regulations
which is moored at a dock adjacent to their
•
property and which encroaches on their
property, and asking the City's enforcement
of regulations requiring removal of the boat.
(Exhibit)
(o) Removed from the Consent Calendar.
4. The following communications were referred to the
City Clerk for filing and inclusion in the records
(a) A letter from the Balboa Angling Club thank-
ing Council and the Fire Department for the
paramedic service which was available when
one of their guests had a heart seizure.
(Copies mailed to Council)
(b) A letter from Josephine Fowler and Elizabeth
W. Richards in opposition to the Senior
Citizens Center. (Copies mailed to Council)
(c) A copy of an open letter to the Mayor and
Councilmen addressed to the Newporter -News
from William M. Crosby regarding George T.
Hall's letter urging support of the purchase
of Inspiration Point property and questioning
the advisability of a program for matching
funds. (Copies mailed to Council)
•
(d) A letter from the Newport Beach Convention
and Visitors Bureau stating that they had by
resolution given their support to the City
Art Commission's resolutions for the forma-
tion and funding of an independent non - profit
corporation for the purpose of developing a
performing arts center in the Newport Harbor
area. (Copies mailed to Council)
(e) A letter to Mayor Dostal from Mark L. Fahey
requesting that Council place a moratorium on
the Castaways development. (Copies mailed to
Council)
(f) A copy of a letter to Councilman Ryckoff from
Mandy Cole regarding her resignation from the
Environmental Quality Control Citizens
Advisory Committee as well as suggestions in
connection with energy conservation, open
space and rezoning. (Exhibit)
(g) Resolutions from the cities of Laguna Beach
and Escondido opposing the redistribution of
sales tax revenues on the basis of population.
(h) A resolution from the City of Yorba Linda
agreeing to the termination of the Greenbelt
Commission.
(i) A letter to the Mayor from the Public Utili-
ties Commission regarding their Interim
Emergency Order to prohibit, conserve and
curtail the use of natural gas and asking
that the City no longer heat any municipal
swimming pools. (Copies mailed to Council)
I
Volume 31 - Page 54
9151 11
COUNCILMEN MINUTES
\ALL o s ROLL C \ \ February 28, 1977 IN 11FY
(j) Agenda of the Board of Supervisors meetings
of February 15, 16, 22 and 23, 1977.
•
5. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Mrs. Charlene M. Olhoffer for
Olhoffer
Douglas Olhoffer, a minor, for personal
injuries allegedly sustained when a City
vehicle pulled out in front of her car on
Dover Drive near Irvine Avenue in Newport
Beach on February 1, 1977 causing her to
brake suddenly, causing her son to be thrown
forward and injured.
(b) Claim of Grace Secketa for damage to her car,
Secketa
allegedly sustained when a tree limb fell off
of a City vehicle onto her parked car at the
southeast corner of Ocean and "G" Streets in
Balboa on February 9, 1977.
(c) Claim of Velma C. Welch for damage to her
Welch
gate, allegedly sustained when a police
officer stepped on and broke the handle of
her gate at 2021 Galatea Terrace in Corona
del Mar on February 7, 1977.
(d) Claim of Jo Ann Pendleton for personal
Pendleton
injuries sustained when she fell into a storm
drain at 38th Street and Balboa Boulevard in
Newport Beach on February 16, 1977. She
alleges faulty maintenance of the storm
drain.
(e) Claim of Eddie Lee Mitchell for damage to his
Mitchell
car, allegedly sustained when a City vehicle
struck his car from behind at Pacific Coast
Highway and Riverside Avenue in Newport Beach
on January 3, 1977.
6. The City Clerks referral of the following Summons
and Complaint to the insurance carrier was con-
firmed:
(a) Summons and Complaint of Ethel Hofstra for
Hofstra
personal injuries, Case No. 26 -26 -45 in the
Orange County Superior Court. The original
claim stated that she tripped on a raised
sidewalk on Orchid Street in Corona del Mar
on or about July 15, 1976.
7. The following Application for Leave to Present
Late Claim was denied:
(a) Application for Leave to Present Late Claim
Vairo
of Josephine Vairo for personal injuries
allegedly sustained when she fell on an
uneven part of the sidewalk on Balboa Boule-
vard on August 24, 1976.
B. The plans and specifications for the Repair of
Roof Slabs
Roof Slabs, Service Area No. 1, Corona del Mar
CdM Beach
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Volume 31 - Page 55
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COUNCILMEN MINUTES
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February 28, 1977 inincx
Main Beach, Contract No. 1903, were approved; and
the City Clerk was authorized to advertise for
bids to be opened at 2:00 P.M. on March 15, 1977.
•
(Report from the Public Works Director)
9. The plans and specifications for Alley Improve-
Alley Impry
ments and Sewer Replacement on Balboa Island and
Balboa Is
Balboa Peninsula 1976 -77, Contract No. 1880, were
and
approved; and the City Clerk was authorized to
Balboa Penii
advertise for bids to be opened at 10:30 A.M. on
March 17, 1977. (Report from the Public Works
Director)
10. Removed from the Consent Calendar.
11. The work on the Timber Pile Replacement 1976 -77,
Timber Pile
Contract No. 1827, was accepted; and the City
Replacemnts
Clerk was authorized to file a Notice of Comple-
tion and to release the bonds 35 days after
Notice of Completion has been filed. (Report from
the Public Works Director)
12. Harbor Permit Application X1225 -1804 by W. P.
Harbor
Ritter to make a revision of an existing pier and
Permits
slip located at 1804 S. Bay Front, Balboa Island
was approved, subject to the approval of the U. S.
Army Corps of Engineers. (Report from the Marine
Department)
13. The following budget amendments were approved:
•
BA -66, removed from the Consent Calendar.
BA -67, $5,000.00 transfer of Budget Appropriations
to transfer funds from Replacement of Sprinkler
System, Balboa Island to Construction of West
Newport Park, from Park and Recreation Fund to
Building Excise Tax Fund. (Report from the Parks,
Beaches and Recreation Director)
BA -68, removed from the Consent Calendar.
BA -69, $38,000.00 transfer of funds, increase in
Budget Appropriations and decrease in Unappropri-
ated Surplus for construction of partial storage
vard and site improvements at the 16th Street
Utility Yard, from Construction Improvement /New
MacArthur to Repair /Betterments Reservoir Site,
BA -70, removed from the Consent Calendar.
BA -71, $31,500.00 transfer of Budget Appropria-
tions for software, Digital Dialer Receiver, and
16K word core memory addition for Phase II of
Police Alarm Monitoring System, from Police -
Rolling Equipment to Police, Services - Profes-
sional, Technical, etc. and Equipment, N.O.C.,
General Fund. (Report to the City Manager from
the Chief of Police)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. BA -70, $56,000.00 transfer of Budget Appropriations
for construction of partial improvements to
Superior Avenue Corporation Yard, from
Volume 31 - Page 56
COUNCILMEN
1p q pO
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ROLL CALL gyp^ sy y2�s
�s \ \
Moon
Ayes
Motion
Ayes
Motion
Ayes
Noes
•
Motion
Ayes
Motion
Ayes
Motion
Ayes
Noes
•
x
x
x
MINUTES
February 28, 1977
RO
Unappropriated Surplus to Improvement /Corporation
Yard, General Fund, was presented.
BA -70, as presented, was disapproved; the amount
x
was reduced from $56,000 to $23,500; and the
x
x
x
x
x
following items were retained:
Relocate Edison guy wires $2,500
Grading 6,300 .
Drive approach and paving 8,800
Relocate water service and
appurtenances 4,700
2. A report was presented from the Public Works
Resub 518
Director regarding Resubdivision No. 518,
located on the southwesterly corner of East
Coast Highway and Jasmine Avenue in Corona del
Mar.
x
Resolution No. 9020, approving a subdivision
R -9020
x
x
x
x
x
agreement between the City and Albertsons, Inc.
in connection with Resubdivision No. 518, and
authorizing the Mayor and City Clerk to execute
same, was adopted.
3. BA -66, $7,500.00 transfer of Budget Appropriations
Labor
for a consulting labor negotiator, from Unappropri
Negotiator
x
ated Contingency Reserve to Personnel, Services -
x
x
Professional, Technical, etc., General Fund, was
x
x
x
I
approved.
4. A letter addressed to the Mayor from the Los
Unemployment
Angeles County Board of Supervisors was presented
Insurance
requesting moral and financial support to
challenge H.R. 10210, now Public Law 94 -566,
which provides for mandatory unemployment
insurance coverage for all public employees
beginning January 1, 1978.
x
The letter was ordered filed, and the staff was
x
x
x
x
x
directed to prepare a letter for the Mayor's
signature to Supervisor Pete Schabarum
asking what course we may take to help.
5. A letter from the Carden School requesting a
Carden
determination from the Council regarding the
School
feasibility of a one -year lease of the Cliff
x
Drive Church site for school purposes was
x
x
x
x
x
referred to staff for report back on March 28,
1977.
6. A report was presented from the Public Works
Npt Island
Director regarding the.Newport Island Channel
Channel
Bicycle /Pedestrian Bridge, Contract No. 1900.
Bicycle/
Ped Bridge
The staff was directed to proceed with the
x
x
x
preparation of plans and specifications for the
x
x
bridge.
7. A report was presented from the Marine Director
Newport
regarding coordination of Newport Bay ecological
Bay
concerns between the City of Newport Beach and
Ecolog
Orange Coast College.
Study
i
Volume 31 - Page 57
COUNCILMEN
9•P NFL � �G\n
9��T y ZZ�s
ROLL CALL \ \ February 28, 1977
MINUTES
LNI?E RS
Isle
Iicycle
;Port-
)n
;treet
Cmte
:il
:ions
BA -68, $4,500.00 transfer of Budget Appropriations
for the City's share of Newport Bay Ecological
Concerns Study, from Unappropriated Contingency
Reserve to Services- Professional, Technical,
otion
x
etc., General Fund, was approved with the con -
Ayes
x
x
x
x
x
x
x
dition that this be a one -time payment.
8. A letter from Charles P. Avery was presented
Lido
regarding the addition of a turnstile or a
Ped /Y
similar kind of barrier at each end of the Lido
Bridg
Island Bridge to help keep bicycles out of the
pedestrian section.
Motion
x
The staff was directed to write a letter to the
Ayes
x
x
x
x
x
x
x
Lido Isle Community Association alerting them to
this problem and encouraging them to educate the
children in the community to the laws concerning
rights -of -way on the bridge, and also to refer
to the Parks, Beaches and Recreation Commission
to study the possibility of a turnstile installa-
tion.
9. A report was presented from the Public Works
Tran:
Department regarding the development of a
atic
transportation model.
Mode]
Resolution. No. 9021, authorizing the Mayor and
R -90,
City Clerk to execute engineering service agree-
ments between the City and Herman Basmaciyan and
Associates and Herman Kimmel and Associates,
Inc. in connection with development of trans -
Otion
x
portation model, was adopted; and the staff was
Ayes
x
x
x
x
x
x
x
directed to make periodic progress reports to
Council.
ADDITIONAL BUSINESS:
1. Mayor Dostal's appointment of Councilmen Trudi
Off -;
Motion
x
Rogers and Lucille Kuehn to the Off- Street
Prkg
Ayes
x
x
x
x
x
x
x
Parking Committee was confirmed.
Motion
x
2. The City Attorney was directed to join in the
Counc
Ayes
x
x
x
x
x
x
amicus brief of the City of San Fernando in the
Elect
Noes
x
case of Aranda v. Van Sickle before the U. S.
Court of Appeals in support of the concept that
local agencies should have the right to determine
the manner of electing City Councils, and the
City Attorney was further authorized to expend
$50.00 out of his budget in this regard.
3. Draft letters dated February 18 and February 28
HUD
to the Department of Housing and Urban Development
were presented asking for a written opinion from
HUD as to whether an additional one -year extension
of the private school lease on the property in
Corona del Mar would jeopardize the City's
third -year block grant application.
�tion
x
The staff was authorized to send the draft
yes
x
x
x
x
x
x
x
letter dated February 28, with the inclusion of
Volume 31 - Page 58
Isle
Iicycle
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COUNCILMEN
90 y�0Pc F\
p N G
cFSTg� y2 /S+
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11 1 _y.''Y t, fVE`JVF"CRY 6,f �41I
MINUTES
February 28, 1977
INDEX - _ -
the third paragraph from the letter dated
February 18 pertaining to the funds received
from the private school lease.
Mayor Dostal declared the meeting adjourned at 11:15 P.M
Mayor
ATTE T:
City Clerk
i
�0'.r..
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Volume 31 - Page 59
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INDEX - _ -