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HomeMy WebLinkAbout08/14/1978 - Regular Meeting_COUNCILMEN ROLL CALL ' Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: August 14, 1978 MINUTES Present x x x x x Roll Call. Absent x x Mon x The reading.of the Minutes of the Regular Meeting of Ayes x x x x x July 24, 1978 was waived, and said Minutes were Absent x x approved as written and ordered filed. Motion x The reading in full of all ordinances and resolutions 'Ayes x x x x x under consideration was waived, and the City Clerk was Absent x x directed to read by titles only. CONSENT CALENDAR: Motion x The following actions were approved by one motion Ayes x x x x x affirming the actions on the Consent Calendar: Absent x x 1. The following ordinances were introduced: Set for public hearing on August 28, 1978: (a) Proposed Ordinance No, 1774, being, AN R ORDINANCE OF THE CITY OF NEWPORT BEACH Bi ADDING SECTIONS 20.87.085, 20.87.263, 0. 20.30.020(g), 20.40.020(g) AND 20.51.027(g) TO THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR THE ERECTION, USE AND OCCUPANCY OF RELOCATABLE BUILDINGS WITHIN THE CITY OF NEWPORT BEACH, WHICH REGULATIONS WERE FORMERLY IN TITLE .15 OF THE NEWPORT BEACH MUNICIPAL CODE, BUILDING AND CONSTRUCTION, Planning Commission Amendment No. 512. (A report from Community Development Department). Passed to second reading on August 28, 1978: (b) Proposed Ordinance No, 1775, being, AN U ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND- F ING SECTION 9.04.050 AND AMENDING IN ITS 0 ENTIRETY CHAPTER 9.08 OF THE NEWPORT BEACH MUNICIPAL CODE, ESTABLISHING FIRE ZONE NO.2 AND ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION. (A report from the Fire Department). (c) Proposed Ordinance No, 1776, being, AN ORDI- H NANCE OF THE CITY OF NEWPORT BEACH AMENDING R SECTION 17.02.010C OF THE NEWPORT BEACH MUNI- CIPAL CODE TO INCLUDE PERSONS HAVING CARE, CUSTODY, CONTROL OR USE OF ANY PIER WITHIN THE REQUIREMENT TO COMPLY WITH THE DOCKING REGULATIONS OF THE NEWPORT BEACH MUNICIPAL CODE. (A report from the Marine Department). Volume 32 - Page 194 INDEX alocatable iildings -1774 752) iiform ire Code -1775 2154) arbor egs =1776 386) COUNCILMEN \ANP ROLL CALL �i10 4 yy August 14, 1978 MINUTES INDEX Lrk n f Rest Ian/ ys 2. The following resolutions were adopted: (a) Removed from the Consent Calendar. • (b) Resolution No. 9408 authorizing the Mayor Marinapa and City Clerk to execute a Consent to R -9408 Sale of Mobilehome and Trailer Space in (209) Newport Marinapark. (Slaughter and Litke) (c) Resolution No. 9409.authorizing the Off -site execution of an off -site parking agreement Prkg /Bre between the City of Newport Beach and Ambrosia Milton H. and Claire T. Bren in connection R -9409 with Use Permit No. 1874. (A report from (3051) the Community Development Department) (d) Resolution No. 9410 advising the Arterial Master P Highway Financing Program Advisory Committee Sts & Hw that the City has made no change in the R -9410 Circulation Element - Master Plan of Streets (29) and Highways since July 1, 1977, and request- ing that the County make changes to the Master Plan of Arterial Highways to bring it into conformance with the City's plan. (A report from the Public Works Department) (e) Removed from the Consent Calendar. 3. The following communications were referred as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) To staff for reply, a letter from Maureen Fassbaugh regarding the need for a stop sign at 15th and Balboa. (Copies mailed (1154F) to Council) (d) To staff for reply, a letter from CEEED advising that they are taking legal action to force SLAG to comply with the California Environmental Quality Act and requesting the City of Newport Beach to join them through an amicus brief. (447F) (e) To staff for reply, a letter from Marion Knott protesting the use of parking meters in residential areas. (Copies mailed to (214F) Council) (f) Removed from the Consent Calendar. • Volume 32 - Page 195 Lrk n f Rest Ian/ ys CITY OF NEWPORT BEACH COUNCILMEN MINUTES t, y f �� y��, ;�, ROLL CALL u' A,.a „ar It 107A ininFx (g) To staff for reply, a letter from Shirley Knutsen, SPON -member, regarding the traffic and parking problems that will be generated by the addition of a savings and loan to be • built at the Ferry and Balboa Boulevard site which was used as a parking lot for fisher -. men going out from Art's Landing, as well as the parking needs for the new Catalina Island boat. (Copies mailed to Council) (1154F) .(h) Removed from the Consent Calendar. (i) To staff for inclusion in ongoing study, a letter from Friends of Oasis asking for Council to continue to support OASIS and to allow the construction of the multi- purpose building to go forward. (Copies (2784) mailed to Council) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A copy of a letter to Chief Gross from Anton Lukas expressing appreciation of the effi- ciency of Newport Beach Police Officers Milius and McInnis and investigator Jerry. Thompson in connection with a robbery at their home. (Copies mailed to Council) (1622) (b) Letters from Mr. and Mrs. E. P. Benson enclosing newspaper clippings regarding the cost of operating the City and regard- ing the policies, programs, controls and regulations which could be enacted by Council that might increase the already high home prices. (Copies mailed to Council) (20) (c) A letter from Samuel H. Sandt regarding a group of young men who bullied and abused the body surfers in the area of the "Wedge” the weekend of July 14 and 15. (Copies mailed (600) to Council) . (d) A copy of a letter to The Daily Pilot from Shirley Knutsen regarding the traffic phasing ordinance. (Copies mailed to Council) (3006) (e) A notice from The Register requesting written notice of any special meetings 24 hours prior to the meeting per the requirement of Section 54956 of the State Brown Act. (Copies mailed (477) to Council) (f) A letter from Martha Lou Thomas of UCI Library explaining computer data base searches to assist governing bodies in obtaining information. (Copies mailed to (20) Council) • Volume 32 - Page 196 :JLL CALL • MINUTES August 14, 1978 (g) A Notice before the Public Utilities Com- mission of the application of the Pacific Telephone Company for rate increases for residential and business services. (h) An Interim Opinion and Interim Order of the Public Utilities Commission regarding the requested rate increase of Air California for services within California. An increase of 15% over present fares was granted with conditions for a one -year period. (i) Agenda of the Board of Supervisors meetings of July 25 and 26, August 1, 2, 8 and 9, 1978. (j) A letter from the Johnson Sports Corporation formally thanking the City for the enthusi- astic and professional efforts of the Marine Safety Department in connection with their contest which took place on July 29 and 30, 1978. (Copies mailed to Council) (k) Notice of Hearing before the Public Utilities Commission regarding the investigation into the effect of the addition of Article XIII A to the Constitution of the State of Calfironie on the rates of the California public utili- ties and transportation companies subject to the ratemaking power of the Commission. (1) A letter from We T.I.P. (We Turn in Pushers) asking for a donation of 2C per person population. (Copies mailed to Council) (Su plemental material on file in City Clerk's Office) (m) A letter from A. C. N. Sales urging that the City send a representative to the annual business conference of the international Association of Plumbing Mechanical Officials . to be held in Scottsdale, Arizona from September 10 through 14. (Copies mailed to Council) (n) A copy of a proclamation by the Mayor of Las Vegas proclaiming the period September 3 to September 4, 1978 to be "Jerry Lewis Muscular Dystrophy Telethon Weekend.10. 5. Claims for damages. The following were denied and the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Joe Bechtold for property damage to his automobile when he was allegedly hit by a City trash truck on July 21 in the alley at 430 E1 Modena damaging the left rear panel. Volume 32 — Page 197 INDEX (20) (20) (20) (20) (20) (889) (20) (Admin) Claims Bechtold (3019) li I COUNCILMEN MINUTES CAL L< August 14, 1978 INDEX (b) Claim of Dennis W. Cobb and Malcolm W. Cobb Cobb for property damage to their dock at 3601 (3020) Finley Avenue, which was allegedly caused • by failure to physically inspect the dock on three previous permit transfers (Permit No. 436 - 3601). (c) Claim of Anna M. Healy for property damage Healy on May 16, 1978 allegedly caused when a (3021) City skiploader allegedly backed into a corner of her garage located at 113 - 15th Street. (d) Claim of Keith John Houk for personal injuries Houk when he was involved in a traffic incident on (3022) May 27, 1978 at Balboa Boulevard near 41st Street allegedly due to the construction of . the street divider which made it impossible to clear opposing traffic. (e) Claim of Herbert R. Nipges for property Nipges damage to his car on July 2, 1978 at State (3023) Highway 1 in Corona del Mar when he was stopped for traffic and a Newport Beach Police vehicle allegedly rearended his car. (f) Claim of Pacific Telephone for property Pac Tel damage on June 28, 1978 when a 50 pair (3024) buried cable was allegedly severed by a Ditch Witch while trenching for a sprinkler system at the City's transmitter tower building. (g) Claim of Dr. John M. Siegel for property Siegel damage to his automobile on May 11, 1978 (3025) when he was driving along Bristol Street where there was road construction and the road was allegedly full of pot holes and debris causing damage to his tire, rim and hub cap. (h) Claim of David Dwight Wilcox for withholding Wilcox a portion of his salary continuance check (3026) and paying the Newport Beach City Employees Credit Union $58.00. He states this was done without his consent and without warning. (i) Claim of Mary Eleanor Willhite for personal Wilhite injuries on or about May 5, 1978 on Pacific (3027) Coast Highway near the Arches Restaurant when she was allegedly assaulted and battered by the Newport Beach Police without reasonable or probable cause when they arrested her and imprisoned her for public intoxication. • Volume 32 - Page 198 �vr'RT E:?E.WCH COUNCILMEN MINUTES ROLL CALL d' 9 August 14, 1978 INnFY 6. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was con- firmed: • (a) Summons on Cross - Complaint of Employers Bertuleit Casualty Company, a corporation, Hargaret (1856) Bertuleit and William Bertuleit for partial (comparative) indemnity, Case No. 23 -01 -75 in the Orange County Superior Court. The original claims of Employers Casualty and the Bertuleits was for fire damage to their property at 46 Balboa Coves. (b) Summons on Cross- Complaint of Kimberly Eves Ramser Ramser, Case Ho. 29 -34 -61 in the Orange (2877) County Superior Court. The original claim was for personal injuries on December 9 on West Coast Highway. 7. The .following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) Two Refuse Crewmen positions in the General Services Department to fill positions now vacant. (b) One Utilities Construction Leadman in the Public Works Water Division to fill a position now vacant. • (c) One Utilities Construction Specialist position in the Public Works Sewer Division to fill a position now vacant. (d) One Utilities Specialist position in the Public Works Water Division to fill a position now vacant. (e) One Police Clerk Y in the Police Department to fill a position now vacant. (f) Three Utilities Service Worker positions in the Public Works Department, two in the Water Division and one in the Sewer Division, to fill positions now vacant. (g) One Water Quality Control Supervisor in the Public Works Department Water Division to fill a position to be vacant. (h) One Parks, Beaches and Recreation Director in the Parks, Beaches and Recreation Depart - ment to fill a position to be vacant. • Volume 32 - Page 199 :OLL CITY OF NEWPORT BEACH COUNCILMEN MINUTES 90 CALL d' August 14, 1978 rNnFx 8. The following staff reports were received and ordered filed: (a) A report from the Parks, Beaches and PB &R Comsn Recreation Commission regarding the (431F) . officers for the year 1978 -79, as follows: Gary Lovell, Chairman; Joan Winburn, Vice Chairman. (Attached) (b) A report from the Community Development Ping Comsn Department regarding officers elected by (530F) the Planning Commission for 1978 -79, as follows: William Agee, Chairman; Paul L. Balalis, 1st Vice Chairman; and George Cokas, Secretary. The report also states that the Planning Commission "Rules and Procedures" have been amended regarding the time of meetings. (Attached) (c) A report from Pacific Telephone Company to Pac Tel the City Manager regarding their request to (20) the Public Utilities Commission for authority to split the yellow pages section into five directories. (Attached for Council only) (d) A report from the City Attorney regarding Zoning down zoning and inverse condemnation. (3052) 9. Planning Commission Amendment No. 508, a request Koll Center of Koll Center Newport to amend the Planned Npt P -C Stds Community Development Plan for Koll Center (1725) Newport to permit general changes in the Land Use Map and Text on property bounded by MacArthur Boulevard, Jamboree Road and Campus Drive; zoned P -C was set for public hearing on August 28, 1978. (A report from the Community Development Depart- ment) 10. The public improvements constructed in conjunc- Resub 560 tion with Resubdivision No. 560, located on the (2825) northeasterly corner of Avocado Avenue and East Coast Highway were accepted; the City Clerk was authorized to release the faithful performance surety (Time Certificate of Deposit No. 1286 issued by the Bank of Newport); and to release the labor and materials surety (Time Certificate of Deposit No. 1283 issued by the Bank of Newport) in six months, provided no claims have been filed (A report from the Public Works Department. 11. The remodeling of the former Council Chamber City Hall (C -1998) was accepted; and the City Clerk was Expansion authorized to file a Notice of Completion and to (356) release the bonds 35 days after Notice of Comple- tion has been filed. (A report from the Public . Works Department) • Volume 32 - Page 200 E _JL L • MINUTES August 14, 1978 INDEX 12. The construction of Handball Courts and the Mariners Parking Lot Improvements at Mariners Park (C -2002) Park were accepted; and the City Clerk was authorized (1033) to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report fron the Public Works Department) 13. The following Maintenance Dredging Harbor Permits Harbor Permits were approved, subject to the conditions of approv (304F) al listed in the general permit issued to the City by the Corps of Engineers; 11110 -1114, J. R. Bahan, 1114 E. Balboa Blvd.; 11154 -113, Del Pinkney, 113 E. Bay Front; and 11112 -405, Burnetta Cassel, 405 Edgewater. (A report from the Marine Department) 14. Removed from the Consent Calendar. 15. The following budget amendments were approved: (18F) BA -005, $37,000.00 increase in Budget Appropria- tions and increase in Revenue Estimates, contribu- tion of Federal Funds from the Safer Off System Road Improvement Program toward the installation and upgrading of traffic signals, from Unappropri- ated Surplus and Donations and Contributions, Contributions Fund. BA -006, $415.00 transfer of Budget Appropriations for purchase of a programmable calculator and printer to be used for building plan check to determine compliance with the new state - mandated energy regulations, from .Services - Professional, Technical, etc. to Office Equipment, Community Development, General Fund. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding General Plan General Plan Amendment to the Newport Beach (673) General Plan and acceptance of a Negative Declara- tion, as recommended by the Planning Commission as follows: 78 -1 -B: A proposed amendment to the Land Use and Residential Growth Elements to designate a 2.3 acre parcel, adjacent to the Newport Terrace development (former City dump site) and currently in the City of Costa Mesa, for "Medium - Density Residential" in connection with prezoning and annexation of the subject property to the City of Newport Beach. Volume 32 - Page 201 :OLL 4 No Ay Ab Mo Ay Ab A Ab Mo Ay Ab Mo Ay Ab 4 COUNCILMEN MINUTES 4i�i�" yG2� CALL< 9���F�N August 14, 1978 INDEX it 78 -1 -C: Proposed amendment to the Land Use and Residential Growth and Circulation Ele- ments as follows: 1) Revised text of the Land Use and Residential Growth Elements to prohibit resubdivisions in the Cliff Haven area which would result in lots smaller than the average or typical lot in that area. 2) Amend the Master Plan of Streets and Highways to incorporate housekeeping revisions pertaining to Coast Highway, Superior Avenue and Balboa Boulevard in the West Newport area. It was the consensus of the Council to take a straw vote on the individual components of the General Plan Amendment before closing the hearing and taking the final vote. Lion x Part 78 -1 -B of General Plan Amendment No. 78 -1 as x x x x x was approved: sent x ,x Lion x Part 78- 1 -C(1) of General Plan Amendment No. 78 -1 as x x x x x was approved. sent x x x Part 78- 1 -C(2) of General Plan Amendment No. 78 -1 V x x x x x was approved. sent x x tion x The hearing was closed after it was determined as x x x x x that no one desired to be heard. sent x x tion The Negative Declaration was accepted, and Resolu- es x x K x K tion No,. 9411, accepting the Negative Declaration sent x x and approving amendments to the Land Use, Resi- dential Growth and Circulation Elements of the Newport Beach General Plan, Amendment No. 78 -1 -B and 78 -1 -C, was adopted. 2. Mayor Ryckoff opened the public hearing regarding Use Perm: Use Permit No. 1730 (Amended), a request of 1730 Holstein Industries to permit the construction (2155) of seven attached single - family dwellings with related parking and landscape area, and the acceptance of an environmental document on property located at 2122 Vista Entrada, westerly of Vista del Oro and easterly of Vista Entrada in "The Bluffs "; zoned R -4 -B -2 P.R.D.; ' Volume 32 - Page 202 it E .ULL CALL • Ant IX X1 xlxlx 1XIXx • ���� i MINUTES 14. 1978 AND Tentative Map of Tract No. 8682 (Amended), a request of Holstein Tndustries to subdivide 1.65 acres into seven numbered lots for attached singl family residential development and one numbered 1 to be developed as a landscape area, private driv ways and guest parking spaces on property located at 2122 Vista Entrada, westerly of Vista del Oro and easterly of Vista Entrada in "The Bluffs "; zoned R -4 -B -2 P.R.D. Reports were presented from the City Attorney and from the Community Development Department. A letter from the Bluffs Homeowners Association was presented asking that certain items be given consideration... Councilman Hummel asked for the record whether the City had the final action from the Montgomery organization and their report in connection with the water problem and was advised by the City Manager that we had not received the final report. Keith Greer, representing The Irvine Company, addressed the Council and stated that The Irvine Company and Holstein Industries agreed to a cont uance of Use Permit No. 1730 and Tentative Map No. 8682. The public hearing on Use Permit 1730 (Amended) and Tentative Map of Tract No. 8682 (Amended) was continued to August 28, 1978. 3. Mayor Ryckoff opened the public hearing regarding Use Permit No. 1731 (Amended), a request of Holstein Industries to permit the construction of seven attached single - family dwellings with relat parking and landscape areas, and the acceptance .of an environmental document on property located at 1976 Vista Caudal, southwesterly of Vista del Oro and Northeasterly of Vista Caudal in "The Bluffs "; zoned R -4 -B -2 P.R.D.; f Tentative Map of Tract No. 8681 (Amended), a request of Holstein Industries to subdivide 1.75 acres into seven numbered lots for attached sing family residential development and one numbered lot to be developed as a landscape area, private driveways and guest parking spaces on property located at 1976 Vista Caudal, southwesterly of Vista del Oro and northeasterly of Vista Caudal in "The Bluffs "; zoned R -4 -B -2 P.R.D. Volume 32 - Page 203 Tract 8682 Use Permit 1731 (2156) Tract 8681 COUNCILMEN ,A _11-L CALL _ 3� T\ o s August 14, 1978 Motion I x! Ayes x Absent x Motion x Ayes x Noes Absent x Men Ayes Absent Motion Ayes Noes Absent r xIx x MINUTES INDEX A report was presented from the Community Development Department. Gordon Jones, representing The Irvine Company addressed the Council with suggestions. Mr. Jones was granted two additional minutes for x x x x his presentation. x Jim Evans, Grading Engineer, addressed the Council and gave a staff report. Gene Atherton addressed the Council and commented on the ordinance. Ordinance No. 1773 was adopted. x x x x x 2. A proposed Emergency Ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Flood/ ADDING CHAPTER 15.40 ENTITLED "FLOOD Mudslide DAMAGE PREVENTION" TO TITLE 15 OF THE Insurance NEWPORT BEACH MUNICIPAL CODE. (913) was presented with a report from the City Attorney. x The proposed Emergency Ordinance was set for x x x x public hearing on August 28. x CONTINUED BUSINESS: 1. A report was presented from the Community Develop- Traffic ment Department regarding proposed.modification Phasing to the "Procedures and Traffic Analysis for (3006) Implementation of Traffic Phasing Ordinance." Daniel Emory and Allan Beek addressed the Council and asked for clarification of the ordinance. Ordinance No. 1777, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1777 AMENDING SECTIONS 15.40.030(D) (ii) AND 15.40.040 OF THE NEWPORT BEACH MUNICIPAL CODE, x was introduced and passed to second reading on x x August 28, 1978. x Volume 32 - Page 205 COUNCILMEN 3' o A ;A • � y� L ROLL CA 9�s % 4p �2 August 14, 1978 MINUTES R. McIntosh was presented pment. enting The Irvine Company, it and stated that The Irvine n Industries agreed to a Permit No. 1731 and Tentative on Use Permit No. 1731 tive Map of Tract No. 8681 nued to August 28, 1978. d the.public hearing regarding being, F THE LITY OF NEWPORT BEACH TION OF DISTRICTING MAP NO. 11 FROM THE C -1 DISTRICT TO THE ERTAIN PROPERTY LOCATED ON OF BALBOA BOULEVARD BETWEEN ;T AND CYPRESS AVENUE (AMEND- i Amendment No. 511, a request .ty of Newport Beach, to amend .cting Map No. 11 from the R -2 District on property East Balboa Boulevard and �nue, on the northerly side Levard.between Coronado Street . on the Balboa Peninsula. ited from the Community ited from Mrs. Raymond L. Gray )sed after it was determined i to be heard. was adopted as recommended mission. , being, DF THE CITY OF NEWPORT BEACH TER 15.04 OF THE NEWPORT BEACH E TO ADOPT THE UNIFORM BUILD -' 6 EDITION, INCLUDING CHAPTER, second reading. me 32 - Page 204 DEX District Map 11 0 -1772 (1010) Uniform Bldg Code 0 -1773 (406) A letter from .john opposing the develc • Keith Greer, repres addressed the Counc Company and Holstei continuance of Use Map No. 8681. Motion x The public hearing Ayes x x x x x (Amended) and Tents Absent x x (Amended) was conti 4. Mayor Ryckoff opens Ordinance No. 1772, AN ORDINANCE ( AMENDING A P01 TO RECLASSIFY R -2 DISTRICT f THE NORTH SID] CORONADO STRE] MENT NO. 511). Planning Commission initiated by the C: a portion of Distr: C -1 District to the located at 300 -328 • 203 -205 Cypress Av, of East Balboa Bou and Cypress Avenue A report was prese went Department. A letter was prese opposing the chang Motion x The hearing was cl Ayes x x x x x that no one desire Absent z x Motion x Ordinance No. 1772 Ayes x x x x x by the Planning Cc Absent Is x ORDINANCES FOR ADOPTION: 1. Ordinance No. 1773 AN ORDINANCE AMENDING CHAT MUNICIPAL COI ING CODE, 19i 70 (GRADING), • was presented for Voli MINUTES R. McIntosh was presented pment. enting The Irvine Company, it and stated that The Irvine n Industries agreed to a Permit No. 1731 and Tentative on Use Permit No. 1731 tive Map of Tract No. 8681 nued to August 28, 1978. d the.public hearing regarding being, F THE LITY OF NEWPORT BEACH TION OF DISTRICTING MAP NO. 11 FROM THE C -1 DISTRICT TO THE ERTAIN PROPERTY LOCATED ON OF BALBOA BOULEVARD BETWEEN ;T AND CYPRESS AVENUE (AMEND- i Amendment No. 511, a request .ty of Newport Beach, to amend .cting Map No. 11 from the R -2 District on property East Balboa Boulevard and �nue, on the northerly side Levard.between Coronado Street . on the Balboa Peninsula. ited from the Community ited from Mrs. Raymond L. Gray )sed after it was determined i to be heard. was adopted as recommended mission. , being, DF THE CITY OF NEWPORT BEACH TER 15.04 OF THE NEWPORT BEACH E TO ADOPT THE UNIFORM BUILD -' 6 EDITION, INCLUDING CHAPTER, second reading. me 32 - Page 204 DEX District Map 11 0 -1772 (1010) Uniform Bldg Code 0 -1773 (406) COUNCILMEN :ALL CALL August 14 Mo Ay No Al Mo Ay. Ab Mc Ay Ab M< A, Al PL A A' M A A M A A N F tion x Bs x x xx ss x �t x x tion x 2. as x x x xx sent x x tion x 3. as x xx xx sent x x 4. tion x es x xx xx sent x �tion x res x xx xx ment x )tion x Fes x xx xx )sent x )tion x 5. Fes x xx xx bsent x 1 31 CDR 1. otion x x x x it x x bsent x MINUTES 1978 Consideration and adoption of the "Administrative Procedures and Methodology for implementing the Traffic Phasing Ordinance" was postponed to August 28, 1978. The report of the Council Appointments Committee in connection with nominees to fill the unexpired term of Jacqueline Kilbourne ending June 30, 1979 was postponed to August 28, 1978. (District 6) Councilman Hummel.'s appointment of William Sterling Pope as a member of the Bicycle Trails Citizens Advisory Committee to fill the unexpired term of Thomas L. Schulman ending December 31, 1978 was confirmed. The Blufftop Street Dedication Initiative to be presented to the voters at a consolidated elec- tion on November 7, 1978: Gene Atherton, proponent of the initiative, ad- dressed the Council. Keith Greer, representing The Irvine Company, addressed the Council and opposed the ordinance as proposed.. Resolution No. 9412, ordering, calling, providing for and giving notice of a special municipal elec tion to be held in said City on November 7, 1978, for the purpose of submitting to the qualified voters of said City an ordinance relating to required dedication of streets in subdivisions on bluffs.adjoining Newport Bay or the Pacific Ocean and consolidating said election with the statewide election to be held on said date, was adopted. Resolution No. 9413, requesting the Board of Super- visors of the County of Orange to consolidate a special municipal election of the City of Newport Beach with the statewide general election pursuant to Section 23302 of the Elections Code, was adopted. Resolution No. 9414, authorizing Mayor Pro Tem Williams and Councilman Heather as Council members to file a written argument against a City initia- tive measure, was adopted. A report from the Marine Department regarding an appeal by Jay Becker of the cancellation of his permit for Mooring B -52 was received and ordered filed. CENT BUSINESS: A report was presented from the City Manager concerning the Local Coastal Planning Advisory Committee. Councilman Hummel made a motion to adopt a resolu- tion establishing a Local Coastal Planning Advisory Committee together with certain procedur- al rules and amended to specify that the three ' citizen committees which are to provide names for this Committee shall each provide two names instead of one, which motion failed. Volume 32 - Page 206 City Arts Comsn (120F) Bicycle Trails, CAC Election/ Blufftop, Street '= Dedication (12) R -9412 R -9413 R -9414 Offshore Mooring (67) Local Coastal Planning Adv Cmte (709) "M X x X ix E CITY OF NEWPORT Aueuat 14. 197R MINUTES X A proposed resolution establishing a Local X x x Coastal Planning Advisory Committee, an amend - x ment to Council Policy A -9 exempting the Local x Coastal Planning Advisory Committee from the minimum membership restrictions of that policy and appointments to the Committee were postponed to August 28, 1978. x 2. A report was presented from the Community Develop- Tract 10156 x x x ment Department regarding the Final Map of Tract X No. 10156,. a request of Ed Hume to subdivide 0.96 x acres into five lots for single - family residential development on property located at 2420, 2426, 2426'k - 15th Street, on the northeasterly side of 15th Street between Gary Place and Powell Place in Newport Heights; zoned R -1. X The Final Map of Tract No. 10156 was postponed to X x x x August 28, 1978. x Ed Hume, developer, addressed the Council and protested postponment. 3. A letter to Mayor Ryckoff from the Santa Ana Santa Ana River Flood Protection Agency was presented River Flood. asking the Council to reconsider its decision Protection to drop out of the Agency. Agency (2058) X The matter was referred to the Budget Committee. x x x x 4. A report was presented from the Parks, Beaches Animal and Recreation Commission regarding proposals Control from SCOOP to allow dogs on beaches in the (862) summer months during certain hours, and new signs pertaining to the animal litter law taken by the Commission. A report was presented from the City Manager. Letters opposing dogs on the beaches in the summer were presented from J. Perrin, Vern Phillips, Joan and David Anderson, Steve Zoccoli, Russell Griffith, Janet Zahn, Sally Griffith, Mr. and Mrs. Wiley C. McNair, Joe Carola and Pat McMurray. A letter from Hildegard Breidenstein, #1, State Humane Officer, was presented stating that she enforces city and county laws as well as state laws. Volume 32 - Page 207 COUNCILMEN ROLL CALL d' August 14, 1978 i #1 �. 611 MINUTES INDEX City Arts Comsn (120F) Balboa Outrigger Canoe Club (20) R -9415 Bicycle Trail CAC (205F) The following people addressed the Council in favor of changing the regulations to allow dogs on the beaches in the summer: Linda Breidel, • President of SCOOP; and Gary Lovell, Parks, Beaches and Recreation Commissioner. The following people addressed the Council and opposed changing the regulations to allow dogs on the beaches in the summer: Margot Skilling, President of the West Newport Beach Improvement Association; Mr. Mitchell; Russell Griffith; Gail Vinjie Smith, Litter Control Citizens Advisory Committee and Helen McNair. lotion x The present regulations banning dogs from the lyes x x x x beaches during the summer months were reaffirmed. !foes x lbsent x x 5. A letter from George Jeffries was presented resigning from the City Arts Commission. Motion x Mr. Jeffries' resignation was accepted with lyes x x x x x regret; the City Clerk was directed to prepare lbsent x x a Certificate of Appreciation; and the matter was referred to the Appointments Committee to submit nominees for the unexpired term ending June 30, 1980. 6. A letter from the Balboa Outrigger Canoe Club • was presented asking for Council support for the Club's participation in the World Race in Hawaii on September 2 and 3, 1978. Sue Emory addressed the Council on behalf of the Balboa Outrigger Canoe Club and requested Council support for the Club's participation in the World Race in Hawaii. !lotion Resolution No.. 9415, expressing support for the lyes x x x Balboa Outrigger Canoe Club, was adopted. lbsent x 7. A report was presented from the Chairman of the Bicycle Trails Citizens Advisory Committee stat- ing that Dr. R. Frederick Boss has missed the last three Committee meetings and asking that a replacement be named to fill his unexpired term. !lotion K Dr. Boss is to be contacted by staff to ascertain Ayes x x K x K whether he is still interested in serving on the Absent x x Bicycle Trails Citizens Advisory Committee. • Volume 32 - Page 208 INDEX City Arts Comsn (120F) Balboa Outrigger Canoe Club (20) R -9415 Bicycle Trail CAC (205F) .COUNCILMEN 3'�'P c�y�oyti9sy2� :JI L CALL Mot Aye Abe 4 Mot Ayo Abs Mo' Ay Ali 4 _I August 14. 1978 MINUTES INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from F. Bert Skiles of 106 - 26th Abatement/ ' Street was presented concerning the rental of Moral Public a home at 107 - 26th Street to a large group Nuisance Law of noisy young people who show total disregard (2947) for their neighbors and their property rights, and requesting advice on the correct procedure to remedy the situation. The following people addressed the Council regarding the public nuisance caused by the lessees of the residence at 107 - 26th Street: George Holland, Brian Sara, Patricia Litton and Valerie Shannon. ion x The City Attorney was directed to initiate s x x x x x abatement proceedings against the owner.of ent x x this property, and the Community Development Director was directed to investigate the property for possible Code violations. 2. A proposed resolution establishing parking fees Parking Fees and regulations for use of the City parking lot (121) at Corona del Mar State and City Beach was presented. A letter was presented from Kilmer Enterprises, Inc., the Corona del Mar concessionaire, opposing the proposed doubling of the parking fees and recommending a 50% increase. ion x The proposed resolution was referred to the Off- s x x X x 9 street Parking Committee. ent x x 3. An application by James E. Farthing to use sound Sound amplifying equipment at 227 Larkspur for a Ampltfir_ati._ private party on August 26 from 8 to 10:30 p.m. Permit was presented with a recommendation from the (1564F) Police Department that no sound amplifying equipment be used. James Farthing addressed the Council and expressed his willingness to survey his neighbors to advise them of his intent and to obtain their written consent. :ion x The request for sound amplifying equipment was :e x x x approved, subject to the condition that the ;ent K x neighbors be surveyed and that their written consent be obtained. 1 Volume 32 - 209 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 7i9� � ::)LL CAL ` 93�� pis August 14, 1978 INDEX 4. A letter and petition signed by thirteen resi- Hgt 5 Den dents from the Friends of Inspiration Point was Regs presented regarding the new buildings in Corona (1279) del 'Mar, and requesting stricter development • standards to remedy the over - building on small lots. Dan Cohan addressed the Council in support of keeping new development in line with present development and suggested that development standards in the City be reviewed. io.tion x The Planning Commission was directed to review ,yes x x x x development standards in Old Corona del Mar with loss x the idea in mind of presenting alternatives to lbsent x x the height and mass of buildings that are now being developed and within the legal, present standards. 5. A letter from the Breakers Drive Association, Inc. Transfer was presented regarding a transfer dump for Dump garbage from the beach which is located too close (2046) to the homes in the area and which the residents would like to have moved to a parking lot which is situated a distance from homes. 4otion x The problem was referred to staff for review of Ayes x x x x x the location of the transfer dump site and for Absent x x formulation of alternatives to be brought back to Council for possible changes. 0 6. A letter from J. R. Blakemore was presented Tax regarding property tax relief for present and Relief former lessees of The Irvine Company. (1068) Motion x The staff was authorized to send a letter to Ayes x x x x Assemblyman Ron Cordova in support of his Noes x activity with respect to this matter. Absent x x 7. A report was presented from the Public Works Bicycle Department regarding 1978 -79 S.B. 821 funding Trails/ program making funds available for facilities SB 821 provided for the exclusive use of bicycles (205F) and pedestrians. Motion, x Mayor Ryckoff made a motion to adopt Resolution No. 9416 approving the application for bicycle and /or pedestrian funds authorized under S.B. 821, and approving the adoption of its Bicycle and /or Pedestrian Plan with the stipulation that appli- cation for funds for installation of bicycle push buttons not be made, and that those funds be retained for other bicycle trail purposes. • Volume 32 - Page 210 xi 0011 xi x x x ©E CITY OF NEWPORT BEACH P ! 9 2 GSZ /� Auxust 14, 1978 MINUTES INDEX R -9416 League of Cities (2527) County Triangle Allan Beek addressed the Council and urged that the funds for push buttons for street crossing purposes be retained. x A vote was taken on Mayor Ryckoff's motion, x x x which motion failed, x x Resolution No. 9416, approving the application x x x for bicycle and /or pedestrian funds authorized x under S.B. 821, and approving the adoption of is its Bicycle and /or Pedestrian Plan, was adopted with the understanding that the matter would be reviewed by the Transportation Plan Citizens Advisory Committee. x The matter was referred to the Transportation x x x x Plan Citizens Advisory Committee. x ADDITIONAL BUSINESS: x 1. Councilman Heather was appointed to represent x K x K Newport Beach as alternate to the League of x Cities Airport Work Program. 2. The Planning Commission was directed to remove . x K x K from the table and reconsider an Ordinance x controlling development or redevelopment of subdivided blufftop lots in the City of Newport Beach. 3. The staff was directed to analyze the require - x K x C ments for annexation regarding the County x Triangle area and report back to the City Council. Mayor Ryckoff declared the meeting adjourned at 11:20 p.m. May ATTEST: j City Cler 2 Volume 32 - Page 211 R -9416 League of Cities (2527) County Triangle