The URL can be used to link to this page

Home My WebLink About03/14/1977 - Regular MeetingCOUNCILMEN �p �� C�,,C'9��A f�T�$� �ys � A � ROLL CALL Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: March 14, 1977 MINUTES Present x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of on x February 28, 1977 was waived, and said Minutes were �y 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 public hearing in connec- Vacation/ tion with the vacation and abandonment of a public PUB Lot 4? utility easement over Lot 49, Tract No. 9261. Tract 9261 A report was presented from the Public Works Director. 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 Resolution No. 9022 ordering the vacation and R -9022 Ayes x x x x x x x abandonment of an existing 10 -foot wide public utility easement over Lot 49, Tract No. 9261, was adopted. 2. Mayor Dostal opened the public hearing regarding Sea Island Ordinance No. 1710, being, PC Dist AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1710 REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 48 AND ESTABLISHING THE PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR "SEA ISLAND," Planning Commission Amendment No. 477, a request of McLain Enterprises to amend a portion of Districting Map. No. 48, consisting of 4.45 acres located along the westerly edge of the Irvine Coast Country Club, from the Unclassified District to the Planned Community District; to establish Planned Community Development Standards for the Sea Island Apartment site located on the easterly side of Jamboree Road northerly of East Coast Highway; and the acceptance of an environmental document. AND Resubdivision No. 537, a request of McLain Enter- Resub 537 prises to create one parcel of land for develop- ment as an apartment site at 1100 Jamboree Road, across Jamboree Road from the Newporter Inn; zoned P -C and Unclassified. A report was presented from the Community Develop- ment Department. �• A report was presented from the Environmental Quality Control Citizens Advisory Committee. i Volume 31 - Page 60 LJ Motion x Ayes x x x x Motion x Ayes x x x x X x x x x x Motion I x x x Ayes x x x x x Ayeson xIx x xIx xIx Don X Motion IxIxlxlx xlxlx • Motion x Ayes x x x x x x x MINUTES March 14, 1977 Bob Vasquez, representing The Irvine Company, addressed the Council and presented maps showing CNEL contours as related to the Sea Island devel ment. Mr. Vasquez was granted two additional minutes for his presentation. Bob McLain, developer, addressed the Council and was granted 15 minutes for his presentation. Mr. McLain was granted two additional minutes for his presentation. The following people addressed the Council and opposed the Sea Island development: Burr Alleaaert. President of the Eastbluff Homeowners Association; Jerry Schomberg; Elmer LaLond. representing the Newporter Inn; and Forest Smith. owner /operator of the Irvine Coast Country Club addressed the Council in favor of the development. The hearing was closed after it was determined that no one else desired to be heard. The exchange of land involved in connection with the development was discussed, both as to the number of acres involved and the location of the "exchange" acres. Councilman Kuehn made a motion to adopt Ordinance No. 1710, as recommended by the Planning Commis- sion; to accept the environmental document; to accept the applicant's request for revision of the unit mix and the sign standards; and to approve Resubdivision No. 537, incorporating by reference the findings and conditions recommended by the Planning Commission. Councilman Ryckoff asked the maker of the motion to accept an amendment imposing a condition having to do with the open space and requiring dedication of 4.29, or whatever the equivalent acreage is, in an area mutually acceptable adjacent to the wild- life preserve in the upper bay. The City Attorney, when asked to rule on Council- man Ryckoff's proposed amendment, stated that he felt the amendment was not appropriate. The public hearing was reopened for the purpose of allowing The Irvine Company to respond to a question as to whether the Council would be per- mitted to pick out the property they wish to exchange. Bob Vasquez responded for The Irvine Company and stated that they were agreeable to proceed and work on the matter again outside the context of this project. The hearing was reclosed. Volume 31 - Page 61 COUNCILMEN p q GO pt �G\P p s F ��ps ROLL C LL • Ayes Noes • Motion Ayes 0- 511 1 MINUTES March 14, 1977 Councilman Kuehn amended her motion to include a stipulation that recording of the parcel map be postponed until after the staff has met and negotiated with The Irvine Company on the exchange of the open space issue and reported back to Council. x. x x x x x A vote was taken on Councilman Kuehn °s motion, x which motion carried. 3. Mayor Dostal opened the public hearing regarding Westcliff Ordinance No. 1711, being, Grove PC Dist AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1711 ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR "WESTCLIFF GROVE," Planning Commission Amendment No. 476, a request of The Irvine Company to establish the Planned Community Development Standards for the proposed Planned Community of "Westcliff Grove," and the acceptance of an environmental document. AND Tentative Map of Tract No. 9620, a request of The Tract 962( Irvine Company to subdivide ten acres into twenty - eight lots for residential development, one lot to be developed as landscape open space, four lots to be developed as streets, and three lots for flood control purposes; located southwesterly of West- cliff Drive between Dover Drive and Santiago Drive in Westcliff, zoned P -C. A report was presented from the Community Develop- ment Department. A report was presented from the Environmental Quality Control Citizens Advisory Committee. Letters opposing the Westcliff Grove development were received from the following: Jane S. Preis, Michael A. Gramme, Jr. and a petition signed by sixteen residents on Westcliff Drive. A letter was received after the agenda was printed from William W. Hughes, Jr. with a petition bearing 226 signatures expressing approval of the Westcliff Grove subdivision if the potential Santiago Drive extension is eliminated. David Neish of The Irvine Company addressed the Council regarding their choice of Alternate I as x the one to be implemented on the site and was x x x x x x x granted an additional fifteen minutes for his presentation. Hal Thomas, member and Stan Cole, Chairman of the Environmental Quality Control Citizens Advisory Committee addressed the Council and requested an environmental impact report in connection with the development. 1 Volume 31 - Page 62 NEWPORT COUNCILMEN hoc q ®0 e s� <p^�sgy�� ROLL CALL March 14 1977 MINUTES INDEX Motion x Mr. Thomas was granted two additional minutes Ayes x x x x x x x for his presentation. • Greg Johnson and Tom Williams addressed the Council in favor of the project. The following people addressed the Council in favor of the project but requesting that action be taken to insure that Santiago Drive would not be extended: Bill Hughes presented a map of the area covered by the petition he had presented, Cliff Jordan, Bill Matthews and Paul Berry. Dorothy Doan, President of the Dover Shores Community Association, addressed the Council and asked that approval of the project be conditioned to request a new entryway and replacement of the logo sign at Westcliff and Dover. Jean Wegener, representing the Mariners Community Association, addressed the Council and stated that the Association endorsed the project but were requesting that the perimeter homes be restricted to one -story and also were opposing any possible extension of Santiago Drive. The following people addressed the Council opposing the project: Will Staub, Mike Gramme, Gerald Greer and Ed Fretz. David Neish of The Irvine Company addressed the Council and requested amendments to certain conditions which had been imposed by the Planning Commission and asked for waiver of the building excise tax. Parks, Beaches and Recreation Director Cal Stewart, Assistant Public Works Director Ben Nolan and Environmental Coordinator Bill Foley gave brief staff reports. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Motion x Ordinance No. 1711 was adopted, as recommended by Ayes x x x x x x the Planning Commission; except that the side yard Noes x provisions were amended to read, "That in the event that all of the lots are developed by one builder, the Director of Community Development may approve a zero side yard concept provided that a total of ten feet be provided on each lot;" the applicant's request for waiver of the property development tax was denied; the environmental docu- ment was accepted and the Tentative Map of Tract No. 9620 was approved, incorporating by reference the findings and conditions recommended by the Planning Commission with the following revisions . and conditions: Condition No. 13 to read, "That twenty feet of additional street right -of -way beyond the existing right -of -way be dedicated along Dover Drive, extending from the southwesterly tract line to the Volume 31 - Page 63 CO ROLL • • Motion Ayes x x MINUTES March 14, 1977 northerly line of Lot 2. The developer shall not be responsible for curb reconstruc- tion or pavement widening on this frontage;" Condition No. 16 to read, "That sound attenuation walls be provided along the northerly and northwesterly lines of the lots adjacent to Dover Drive and along the southwesterly line of Lot 1 adjacent to Lot A. The design may also incorporate earth berms to lessen the amount of exposed vertical wall face and provide for improved aesthetic treatment. Such sound attenuation shall take into consideration sound in the yards as well as in the houses;" Condition No. 17 to read, "That the homes on Lots 1 through 3 be designed to provide for sound attenuation in accordance with the requirements of the State law and the recommendation of a qualified acoustical engineer;" Condition No. 30 to read, "That the design be such as to preclude the possible extension of Santiago Drive through, on, or immediately contiguous to Tract No. 9620, with the understanding this condition may permit an additional lot;" Condition 31 was added, "That developer will cooperate with the City to install logo and sign at the entrance to the Dover Shores development." Councilman Rogers presented for inclusion in the record a letter she had received from The Irvine Company agreeing not to occupy any structures on the Castaways parcel prior to the beginning of construction of the Upper Bay Bridge and street widening improvements required by Public Works on Dover Drive adjacent to the subject parcel. 4. Mayor Dostal opened the public hearing regarding Ordinance No. 1715, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF DISTRICTING MAPS NO. 32 AND 51 TO RECLASSIFY FROM THE 11R -2 -B DISTRICT 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. A report was presented from the Community Development Department. The hearing was closed after it was determined that no one desired to be heard. Volume 31 - Page 64 District Maps 32 and 51 0-1715 COUNCILMEN Ap �i q p0 k c�9s ROLL CALL \ \ March 14, 1977 MINUTES IN Mr Motion x Ordinance No. 1715 was adopted as recommended by Ayes x x x x x x x the Planning Commission. • 5. Mayor Dostal opened the public hearing regarding Ordinance No. 1716, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Revocation AMENDING SECTION 20.81.090 OF THE NEWPORT of BEACH MUNICIPAL CODE TO PROVIDE THAT Modification MODIFICATION PERMITS NOT USED WITHIN Permits EIGHTEEN MONTHS FROM THE DATE OF APPROVAL 0 -1716 SHALL BE AUTOMATICALLY REVOKED, Planning Commission Amendment No. 484, a request initiated by the City of Newport Beach. A report was presented from the Community Development 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. 1716 was adopted as recommended by Ayes x x x x x x x the Planning Commission. 6. Mayor Dostal opened the public hearing regarding Ordinance No. 1717, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Newport AMENDING SECTION 20.61.060 OF THE NEWPORT Shores BEACH MUNICIPAL CODE TO REQUIRE A USE Specific PERMIT FOR RESTAURANT USES WITHIN THE AREAS Plan DESIGNATED FOR COMMERCIAL DEVELOPMENT IN 0-1717 THE NEWPORT SHORES SPECIFIC AREA PLAN, Planning Commission Amendment No. 485, a request initiated by the City of Newport Beach. 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. 1717 was adopted as recommended by Ayes x x x x x x x the Planning Commission. ORDINANCES FOR SECOND READING AND ADOPTION. 1. Ordinance No. 1714, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Speed AMENDING SECTION 12.24.058 OF THE NEWPORT Limits BEACH MUNICIPAL CODE TO ESTABLISH A SPEED 0 -1714 LIMIT ON SAN JOAQUIN HILLS ROAD FROM MARGUERITE AVENUE TO SPYGLASS HILLS ROAD, • was presented for second reading. Motion x Ordinance No. 1714 was adopted. Ayes x x x x x Noes x x Volume 31 - Page 65 as COUNCILMEN �� q 00 OC 9 0 FS 22 S � � ROLL CALL March 14 1977 MINUTES INnFV CONTINUED BUSINESS: on x 1. The following appointments to the Bicycle Trails Bicycle x x x x x x x Citizens Advisory Committee for a one -year term Trails ending December 31, 1977 were confirmed: CAC (District 3) Mayor Pro Tem Barrett's appoint- ment of Allan Beek to replace William Patrick. (District 4) Mayor Dostal's appointment of Dave Skilling to replace Allan Beek, and the appointment of a second member was postponed. (District 5) Councilman Ryckoff's appointment of Kent Johnson to replace Jane Bihler. The following appointments to the Community Com Dev Development Citizens Advisory Committee for a CAC Motion x one -year term ending December 31, 1977 were Ayes x x x x x x x confirmed: (District 3) Mayor Pro Tem Barrett's appoint- ment of a member to replace Ann L. Spencer was postponed. (District 5) Councilman Ryckoff's appoint- ment of William Morris to replace Gwendolyn Felton. The following appointment to the Environmental CEQCAC Quality Control Citizens Advisory Committee for Motion x a one -year term ending December 31, 1977 was Ayes x x x x x x,x confirmed: (District 7) Councilman Williams' appointment • of Jean Wegener to replace Dr. Irwin Hoffman. 2. A report was presented from the Parks, Beaches Council and Recreation Commission regarding proposed Policy City Council Policy L -7. A letter was presented after the agenda was printed addressed to the Chairman of the Parks, Beaches and Recreation Commission from Per Trebler, a member of the Commission, regarding application of the proposed Policy to the planned improvements of Jim Rogers of 335 Buena Vista. The City Attorney advised that the term "living area" as used in Section 1 (b) should be more clearly defined by changing the wording to read "living area such as cabanas and other roofed structures." The following people addressed the Council and stated their approval of proposed Policy L -7: Tom Malcolm, attorney for the Buena Vista group, and Dean Cordell. Per Trebler, member of the Parks, Beaches and Recreation Commission addressed the Council and stated that he was present to answer any questions • Council might have regarding the Policy. Norma Miller, 320 Buena Vista, stated for the record that the City had an easement across her property for street purposes only. Volume 31 - Page 66 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 90 N y 40 P i cisr9� ^0�y 22N ROLL CALL \ \ March 14, 1977 � ...r„ Council Policy L -7, entitled "Encroachments and Bay Access on Buena Vista Boulevard- Edgewater on x Avenue Between Bay Avenue and Fernando Street," as amended, was adopted, and it was directed x x x x x x x that Mr. and Mrs. Jim Rogers, the property owners at 335 Buena Vista, be included in the blanket permit provided by the Policy. 3. A report was presented from the Public Works Newport/ Director regarding the Newport and Balboa Ocean Balboa Piers. Pier Concessions Motion x The staff was directed to prepare the bid Ayes x x x x x x x documents for leasing the existing concession stand on the Newport pier. CURRENT BUSINESS: 1. A report was presented from the Community Develop- Housing went Department regarding revision to Housing Element Element Guidelines proposed by the State Department Guidelines of Housing and Community Development. Motion x The Mayor was authorized to write a letter to Ayes x x x x x x x the Department of Housing and .Community Development regarding the revised guidelines and to the Members of the Assembly Committee of Local Government urging approval of AB 389 to clarify the legislative intent and make the housing element guidelines advisory in nature. • 2. A letter from William R. Holmes was presented CEQCAC addressed to the Chairman of the Environmental Quality Control Citizens Advisory Committee resigning from the Committee. Motion x Mr. Holmes' resignation was accepted with regret; Ayes x x x x x x x the staff was directed to prepare a Certificate of Appreciation; and (District 4) Mayor Dostal's postponement of a replacement member to March 28 was approved. CONSENT CALENDAR: Motion x The following items were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar. 1. The following ordinances were introduced and set for public hearing on March 28, 1977: (a) Proposed Ordinance No. 1718, being, AN Specific ORDINANCE OF THE CITY OF NEWPORT BEACH Plan AMENDING TITLE 20 OF THE NEWPORT BEACH Districts MUNICIPAL CODE TO RECLASSIFY THE MARINERS 0 -1718 MILE AREA TO A SPECIFIC PLAN DISTRICT, AMENDING DISTRICTING MAP NO. 4, CHANGING THE CLASSIFICATION FROM C -1 -H, C -2, C -2 -H, C -O -Z AND R -1 to "SP," SPECIFIC PLAN NO. 5, Plan- • ning Commission Amendment No. 458, initiated by the City of Newport Beach to consider amending Title 20 of the Newport Beach Municipal Code to rezone the Mariners Mile Area to a Specific Plan District (Districting Map No. 4, changing from C -1 -H, C -2, C -2 -H, C -O-Z and R -1 to Specific Plan No. 5); also including adoption of the Specific Area Plan b Volume 31 - Page 67 COUNCILMEN ROLL CALL \ \ March 14, 1977 MINUTES iNnFY resolution; and acceptance of an Environmental Impact Report. (Report from the Community Development Department) • (b) Proposed Ordinance No. 1719, being, AN Open Space ORDINANCE OF THE CITY OF NEWPORT BEACH Districts AMENDING PORTIONS OF DISTRICTING MAP NOS. 30, 0 -1719 42 AND 67 TO RECLASSIFY THE NEWPORT BEACH GOLF COURSE LOCATED NORTH AND SOUTH OF MESA DRIVE AND NORTHERLY AND EASTERLY OF IRVINE AVENUE FROM THE "U" UNCLASSIFIED DISTRICT TO THE "OS" OPEN SPACE DISTRICT; AND AMENDING DISTRICTING MAP NOS. 48 AND 49 TO RECLASSIFY THE IRVINE COAST COUNTRY CLUB AND ADJACENT PROPERTIES LOCATED NORTH OF COAST HIGHWAY AND EAST OF JAMBOREE ROAD FROM THE "U" UNCLASSI- FIED DISTRICT, "P -C" PLANNED COMMUNITY DISTRICT AND "C-0-H" COMMERCIAL OFFICE DISTRICT TO THE "OS" OPEN SPACE DISTRICT; AND AMENDING DISTRICTING MAP NOS. 32, 48, 49 AND 50 TO RECLASSIFY VARIOUS PARCELS LOCATED ADJACENT TO THE ENTRY ROADS LEADING INTO NEWPORT CENTER FROM THE "P -C" PLANNED COM- MUNITY DISTRICT AND THE "C-0-H" COMMERCIAL OFFICE DISTRICT TO THE "OS" OPEN SPACE DISTRICT, Planning Commission Amendment No. 483, initiated by the City of Newport Beach. (Report from the Community Development Department) The following ordinance was introduced and passed to second reading on March 28, 1977: (c) Removed from the Consent Calendar. 2. The following resolutions were adopted: (a) Resolution No. 9023 authorizing the Mayor and Off -site City Clerk to execute an off -site parking Parking agreement between the City and Voyagers Yacht Voyagers Club. (Report from the Community Development Yacht Club Department) R -9023 (b) Resolution No. 9024 authorizing the Mayor and Off -site City Clerk to execute an off -site parking Parking agreement between the City of Newport Beach 5 Crowns and the Five Crowns Restaurant, Newport Restaurant Beach. (Report from the Community Development R -9024 Department) (c) Resolution No. 9025 authorizing the Mayor and Irvine City Clerk to execute a Grant of Easement to Terrace Southern California Edison Company for public Park utilities easement in Irvine Terrace Park. R -9025 (Report from the Public Works Director) (d) Resolution No. 9026 approving a parcel map and Resub 526 acceotinQ offer of dedication of corner R -9026 • cutoff at Villa Way and 30th Street in connection with Resubdivision No. 526. (Report from the Public Works Director) (e) Resolution No. 9027 authorizing the Mayor and Street City Clerk to execute an agreement between Lighting the City of Newport Beach and the Southern R -9027 Volume 31 - Page 68 ROLL CITY OF NEWPORT BEACH COUNCILMEN MINUTES $ 10 CALL '$.� y m r \ March 14, 1977 itincv �\ California Edison Company for street lighting services. (Report from the Public Works Director) • (f) Resolution No. 9028 awarding a contract to Traffic C.T. &F., Inc. for traffic signal at Balboa Signal Boulevard and Main Street, Contract No. 1895. Balboa /Main (Report from the Public Works Department) R -9028 (g) Resolution No. 9029 supporting Assembly Assembly Constitutional Amendment No. 13. (Request Amend 13 letter from the City of Lomita) R -9029 (h) Removed from the Consent Calendar. (i) Resolution No. 9030 adopting the Director of Pub Wks the Department of Industrial Relation's Contract determination of the prevailing wage rates for Wage Scales Orange County. (Report from the City Clerk) R -9030 3. The following communications were referred as indicated: (a) To staff for reply, a letter from Amy Small- Park & View wood requesting two parks or a surrounding Sites greenbelt for Corona del Mar. (Copies mailed to Council) (b) To staff for reply, a letter from Mark Upper Stewart requesting information on the plans Newport for the back bay. (Copies mailed to Council) Bay (c) To staff for reply, a letter from Mrs. Doris Transports- Sunderland regarding San Joaquin Hills Road tion extension as a by -pass road through Laguna, Plan and questioning the need for the 5th Avenue by -pass as well. (Copies mailed to Council) (d) To staff for reply, a letter from Tammy Parking Farris regarding parking regulations on the streets in the Bluffs area in view of the fact that there isn't any guest parking on Descanso. (Copies mailed to Council) (e) To staff for reply, letters from Russell Animal Griffith and Thomas H. Fox regarding animal Control control violations and suggesting new ordi- nances. (Copies mailed to Council) (f) To Pending Legislation and Ethics Committee, California a letter to Mayor Dostal from the City of Inventory Huntington Beach regarding the California Tax Inventory Tax being a deterrent to the establishment of foreign industries in California cities and requesting support for its elimination. (Exhibit) (g) To the Planning Commission, a letter from Inspiration Stewart C. Woodard regarding a letter to Point Council from Lars and Lucie de Jounge dated Lots February 22, 1977 regarding the proposal to buy the three additional lots in connection with Inspiration Point and his hope that he will be allowed to build his home. (Exhibit with copy of draft letter from Lars de Joung presented to the Modifications Committee) i Volume 31 - Page 69 CITY OF NEWPORT BEAC H COUNCILMEN A0 `� y 00 P� �0 �� <<� �p �\ F y .per 9qi F�9< �' ROLL CALL s \ \ March 14. 1977 MINUTES IA.n r. (h) To staff for reply, a letter from Shirley General Knutsen urging Council to consider changing Plan the General Plan to effect the necessary zone changes to help control traffic congestion. (Exhibit) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from the Orange County Chapter of the American National Red Cross thanking Council for the donation of thirteen radios. (Copies mailed to Council) (b) Letters from Mr. and Mrs. James R. Matz and to Mayor Dostal from Carole Tompkins opposing any increase in the speed limit on Port Seabourne Way, and a letter from Linda Jones in favor of a speed limit of 30 miles per hour for all of the main streets in Harbor View Homes. (Copies mailed to Council) (c) A letter addressed to Mayor Dostal from Eric A. Egge regarding the Governor's appointment of Mrs. Rose Bird as Chief Justice of the State Supreme Court. (Exhibit) (d) A letter addressed to Mayor Dostal from Alan L. Blum with suggestions regarding a building moratorium. (Exhibit) _ • (e) A letter from Balboa Island Improvement Association regarding the harbor permit application of W. P. Ritter. (Copies mailed to Council) (f) A copy of a letter signed by twenty residents addressed to the Newport Beach and the Costa Mesa Planning Commissions requesting consist- ent zoning in both cities in the area around 21st Street and Tustin Avenue. (Copies mailed to Council) (g) A letter from E. P. Benson regarding the "Land Purchase Bond Proposition" and the additional costs to the taxpayers if the measure is passed. (Copies mailed to Council) (h) A letter from the City of La Habra attaching a copy of their letter to the Department of Housing and Community Development regarding the proposed changes in regulations. (Copies mailed to Council) (i) A resolution from the City of Seal Beach opposing adoption of proposed Senate Bill 164 which would mandate compulsory and binding arbitration for use in labor disputes inVOlV- ing local government fire and police employees. (j) A letter to Mayor Dostal from the City of Westminster enclosing copies of letters to i Volume 31 - Page 70 COUNCILMEN F 9p ROLL CALL y �p p� � ��, C C N\ FS \ \ March 14, 1977 MINUTES BIACV President Carter and Los Angeles County Supervisor Schabarum opposing mandatory • unemployment insurance for all public employees. (k) A resolution from the City of Huntington Beach terminating the joint powers agreement which established the Santa Ana River /Santiag Creek Greenbelt Commission. (1) A letter from the Orange County Division of the League of California Cities stating that the 1973 resolution of the Orange County Board of Supervisors regarding distribution of revenue sharing money is still in effect. (Copies mailed to Council) (m) A letter to Mayor Dostal from Senator Carpen- ter regarding property tax legislation which he is planning to introduce and stating that comments would be appreciated. (Exhibit) (n) An invitation from the Department of Water Resources to the Governor's Drought Confer- ence on March 7 and 8, 1977 at the Los Angeles Convention Center. (Copies mailed to Council) (o) A Notice of Filing Application for Rate Increase of the Southern California Edison Company in connection with conservation programs. (p) Agenda of the Board of Supervisors meetings of March 1, 2, 8 and 9, 1977. (q) A notice from the Local Agency Formation Commission regarding a hearing on March 23, 1977 in connection with the proposed annexa- tion to the City of Newport Beach designated Harbor Ridge Annexation No. 82. (Copies mailed to Council) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Jessie Bedwell for damage to her Bedwell car, allegedly sustained when it was struck by a City vehicle on February 11, 1977 in the parking lot of the Lido Park Building in Newport Beach. (b) Claim of Brent B. Banwell II for personal Banwell belongings allegedly picked up by the trash crew on March 5, 1977 while he was in the process of moving from 134 47th Street to 133 • 47th Street. (c) Claim of William J. Garcia for personal Garcia injuries allegedly sustained when he was arrested on February 19, 1977 on Irvine Avenue and taken to the Newport Beach Police Department. Volume 31 - Page 71 COUNCILMEN .POD yd0Pcn tG \� cF <<i 'P,P 'k r0 Fy /yy �J, < T ROLI CGLI \ March 14, 1977 MINUTES lfunry (d) Claim of John D. Crease for damage to his car Crease allegedly sustained when a City trash truck hit his parked car at 3811 River Avenue in • Newport Beach on January 22, 1977. (e) Claim of Goldie Joseph for inverse condemns= Joseph tion allegedly incurred as a result of decisions, rulings and recommendations by certain City departments in regard to claim- ants property, located at 925 and 927 East Balboa Boulevard and 922 Fast Ocean Front between "A" and "B" Streets, from March 16, 1972 to the present date. (f) Claim of William and Margarete Eisner for Eisner costs incurred and those that will be in- curred for bringing their home recently purchased'at 83 Royal Saint George in Newport Beach up to the building code. Claimants are alleging that due to negligent inspections and approval of the house, they will have to pay for the repairs to bring the house up to the building code. The claim is for the period from June 28, 1976 to the end of January, 1977. 6. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was con- firmed: (a) Summons and Complaint of Helen F. Knott for Knott damages, Orange County Superior Court Case No. 26- 42 -04. The original claim was for injuries sustained when she tripped in a hole in the crosswalk in the 200 block of Marine Avenue, Balboa Island on August 25, 1976. 7. The City Attorney's referral to the County Counsel, and authorization for the County Counsel to appear and defend the interests of the City of Newport Beach in this proceeding was confirmed: (a) Summons and Complaint of International IBM Business Machines Corporation to recover unsecured personal property taxes paid under protest (Revenue and Taxation Code Section 5138). (Report from the City Attorney) 8. The following request to fill personnel vacancies was approved: (Report from the City Manager) (a) One Water Meter Man in the Public Works Department to fill a position to be vacant. (b) One Administrative Assistant to the City Manager to fill a position now vacant. (c) One City Librarian to fill a position now vacant. 9. The following staff report was received and ordered filed: (a) A report from the Marine Department regarding Harbor a letter from George Ingles, 125 East Bay Regulations Volume 31 - Page 72 CITY OF NEWPORT BEACH COUNCILMEN MINUTES gG ';Cy mss, 9�9F��1 pA�y s s � � ROLL CALL March 14, 1977 Front, Balboa Island, which was referred to staff by Council for review and report back. (Exhibit) 10. The following matter was set for public hearing on March 28, 1977: (a) Removed from the Consent Calendar. 11. The public improvements constructed in conjunction Tract 9014 with Tract No. 9014 and portion of Lot "A;" Tract and portion No. 8787, located on the southeasterly corner of 8787 Ford Road and San Miguel Drive (formerly New MacArthur Boulevard) were accepted; and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Material Bond in six months provided no claims have been filed. (Report from the Public Works Director) 12. The work on the Balboa Avenue Storm Drain Improve- Balboa Av ments, Marine Avenue to Grand Canal, Contract No. Storm 1683, was accepted; and the City Clerk was Drain authorized to file a Notice of Completion and to Impry release the bonds 35 days after the Notice of Completion has been filed. (Report from the Public Works Director) 13. The plans and specifications for the Site Improve- Utility ments - 16th Street Utility Storage Yard, Contract Yard No. 1905, were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on March 30, 1977. (Report from the Public Works Director) 14. The plans and specifications for the Traffic Traffic Sig Signal at Coast Highway and Prospect Street were PCH /Prospect approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on March 31, 1977. (Report from the Public Works Director) 15. The specifications for the proposals for the CdM Beach Corona del Mar Beach Concession Operation was Concession approved; and the City Clerk was authorized to advertise for bids to be opened at 10:00 A.M. on April 4, 1977. (Report from the Parks, Beaches and Recreation Director) 16. The following maintenance dredging harbor permits Harbor were approved subject to the conditions of ap- Permits proval under the general permit issued by the Corps of Engineers: #110 -1300, George Reade, 1300 E. Balboa Boulevard; 11112 -301, Nelson Robinson, 301 Edgewater; and 11151 -501, C. D. Knickerbocker, 501 N. Bay Front, Balboa Island. (Report from the Marine Department) •17. The following budget amendments were approved: BA -72, $2,450.00 increase in Budget Appropriations and decrease in Unappropriated Surplus for Comprehensive Employment and Training Act and Public Works Act funds to purchase 2 typewriters, Volume 31 - Page 73 COUNCILMEN Pc�l v Opt �s$ p�T ROLL CALL \ \ March 14, 1977 MINUTES mn■t olume 31 - Page 74 2 posture chairs, typewriter shelf, adder and desk for two employees hired under the federally funded programs, to Personnel and Finance, Office Equip- ment, General Fund. BA -73, $5,950.00 transfer of Budget Appropriations for funds to be used by the Arts Commission for the 1977 Arts Festival, from Unappropriated Contingency Reserve to Nondepartmental, Special Departmental Expense, General Fund. BA -74, $6,300.00 transfer of Budget Appropriations for funds to be used to finance the Corona del Mar traffic questionnaire, from Unappropriated Con- tingency Reserve to Traffic and Parking, Services - Professional, Technical, etc., General Fund. BA -75, $23,500.00 transfer of funds for construc- tion of partial improvements to Superior Avenue Corporation Yard, from Reserve for Corporation Yard to Improvement /Corporation Yard, General Fund. BA -76, $6,900.00 transfer of Budget Appropriations for repair of beach cleaner, from General Services - Field Maintenance- Rolling Equipment to General Services -Field Maintenance, Automotive Service, General Fund. (Report from the General Services Department) • BA -77, $27,475.00 transfer of Budget Appropriations for consultants and attorneys fees for Airport Environmental Impact Reports, from Prior Years Encumbrances ($17,475.00) and Unappropriated Contingency Reserve ($10,000.00) to City Attorney, Services - Professional, Technical, etc., General Fund. BA -78, $19,780.00 transfer of Budget Appropriations for development of computerized traffic model of select system, from Environmental Impact Report - Preliminary Plan to Computerized Traffic Model/ Select System, State Gas Tax Fund (Section 2107). ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Resolution No. 9031, commending Ted W. Bartlett Resolution for his dedicated service as a public official in of Motion x the City of Huntington Beach, was adopted as Appreciation Ayes x x x x x x x amended. R. -9031 2. A report was presented from the Community Develop- General ment Department regarding setting a public hearing . Plan to consider proposed General Plan Amendment 77 -1 to the Newport Beach General Plan and acceptance of a Negative Declaration, as recommended by the Planning Commission. M�n x General Plan Amendment 77 -1, as follows, was set Ayes x x x x x x x for public hearing on March 28, 1977: 77 -1 -A: To the Land Use and Residential Growth Elements to change the designation of five lots located at 207 -215 19th Street on the Balboa Peninsula from "Two- Family Residen- tial" to "Multi- Family Residential." olume 31 - Page 74 r � 3" COUNCILMEN Ao ?v po 1' A ROLL CALL i ��A A�� l 0% y$� \ \ March 14, 1977 MINUTES nincv 77 -1 -B: To the Circulation Element to delete the "Secondary Road - Four Lanes Undivided" designation for that portion of Back Bay Drive between San Joaquin Hills Road and the intersection of Back Bay Drive and Jamboree Road just north of Pacific Coast Highway. 77 -1 -D: To the Land Use Element expanding the boundaries of the Corona del Mar Specific Area Plan area to include residential areas north and south of Coast Highway. 77 -1 -E: To the Residential Growth Element to revise the definition of "Build- able Acreage" by adding wording to the effect that any area devoted to streets, open space, or recreation areas shall not be included in calculating Buildable Acreage. 77 -1 -F: To the Land Use and Residential Growth Elements to change the designation of four lots at the southeast corner of Dahlia and Fifth Avenues in Corona del Mar from "Two- Family Residential" to "Retail and Service Commercial" and "Administrative, Professional, and Financial Commercial." 3. A report was presented from the City Attorney Animal regarding a request from the Finance Director that Control the due date for payment of the Dog License Tax be changed from January 1 of each year to March 1 in order to facilitate the work load in his department. Proposed Ordinance No. 1720, being, AN ORDINANCE 0 -1720 OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.060 OF THE NEWPORT BEACH MUNICIPAL CODE Motion x RELATING TO DUE DATE OF DOG LICENSE TAX, was Ayes x x x x x x x introduced and passed to second reading on March 28, 1977. ADDITIONAL BUSINESS: 1. The Minutes of the Water Committee were presented Water which included a suggestion that the Council Conservation adopt a resolution urging every citizen to exer- cise the greatest care in the use of water so as to protect this vital resource. Motion x Resolution No. 9032, urging citizens of the City of R -9032 Ayes x x x x x x x Newport Beach to conserve water, was adopted. • 2. A report from Councilman Ryckoff was presented General requesting consideration of the present General Plan Plan projected population growth, the associated densities of undeveloped acreage, and the pro- jected build -out of Newport Center, to establish i Volume 31 - Page 75 COUNCILMEN �O 9 OO < c�9 C9'ppF�l��g$ •ty$� S ROLL CALL emotion Motion Ayes Noes *s Noes MINUTES March 14. 1977 limits that can be accommodated while assuring adequate support systems, in particular for traffic and sewer service. x Councilman Ryckoff made a motion to refer the request to the Planning Commission, the Environ- mental Quality Control Citizens Advisory Committee and the Transportation Plan Citizens Advisory Committee for study and report back to Council in time for the next General Plan review period. x Councilman Kuehn asked that the motion be amended to include the entire City in its scope rather than confining the research area to Newport Center, which amendment was not accepted by the maker of the motion. Bob Vasquez of The Irvine Company addressed the Council and agreed to the seriousness of the situation regarding the support systems for the entire City. x x A vote was taken on Councilman Kuehn's amendment • x x x x which amendment failed to carry. Bob Vasquez of The Irvine Company addressed the Council and asked that the action indicated in the main motion be delayed until the Corona del Mar Traffic and Parking Task Force had made its report. • x x x x x A vote was taken on Councilman Ryckoff's main x motion, which motion carried. Mayor Dostal adjourned the meeting at 12:30 A.M., March 15, 1977. Mayor At st: Z C ty Clerk i Volume 31 - Page 76