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HomeMy WebLinkAbout12/10/1979 - Regular MeetingWROLL C CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: December 10, 1979 MINUTES INOEX Present x x x x x x A. ROLL CALL. Absent x • B. The Minutes of the Regular Council Meeting of November 26 were amended as follows: Page 326, Site 5 - "Aeronutronic Ford" to read, "The Council concurred with the Planning Commission Alternate that additional development shall be limited to 368,600 sq. ft. of office and industrial and 300 residential dwelling units." Site 6 - "Newport Center" was included indicating that it was agreed to continue this site to December 10, 1979. Page 327, Site 13 - "Baywood Expansion;' in paragraph three in connection with Councilman Strauss' substitute motion, the words "per buildable acre" were deleted. Site 15 - "Beeco Property," the motion indication was changed from Councilman Strauss to Councilman Hummel. Page 329, the motion indication was changed from Councilman Heather to Mayor Pro Tern Williams on the motion to approve Use Permit No. 1784 Amended and sustain the decision of the Planning Commission. option x The Minutes of the Council Meeting of November 26 NMI Ayes were approved as amended. Motion x C. The reading in full of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. Councilman Heather arrived and took her seat at the Council table. D. HEARINGS: 1. Mayor Ryckoff opened the continued public hearing Use Permit and City Council review of a Traffic Study, Use 1784 Permit No. 1784, Amended, and Resubdivision No. (89) 515, requests of the Lutheran Church of the Master to permit the construction of a Senior Citizens Housing Development containing one hundred dwelling units, on property located at 2900 Pacific Ij View Drive, on the northeasterly side of Pacific View Drive, southeasterly of San Miguel Drive on the Lutheran Church of the Master property; zoned R -3-B. A report was presented from the City Manager. Letters of support from Mrs. Loys Griswold, G. Lumsden and Madeline Lumsden were presented. 0 I Volume 33 - Page 338 CITY OR NEWPORT BEACH COUNCILMEN MINUTES F ROLL CALL December 10. 1979 iiunav Letters which were received after the agenda was printed from Helen C. Shrewsbury, Charlotte C. • Oihoffer and Peggy Wallace supporting the project were presented. The following people addressed the Council in opposition to the project as proposed Dr. Kerkhoff, representing the adjacent homeowners; Charles Heick and Bart Seldon. The following people addressed the Council in support of the project: Dr. Jack Larsen; Robert B. Cummings, housing consultant, who presented a letter from HUD; Robert Collick, Pastor of the Lutheran Church of the Master; and John Trittipo, architect on the project. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The decisions of the Planning Commission were All Ayes sustained. 2. Mayor Ryckoff opened the continued public hearing General regarding General Plan Amendment 79-1, a request Plan initiated by the City of Newport Beach to consider (45 ) proposed amendments to the Land Use, Residential Growth, and Recreation and Open Space Elements of the General Plan, and the acceptance of an Environmental Document. • A report was presented from the City Attorney regarding transfer of development rights. A report was presented from the Planning Department. Letters from Jean Morris, Mrs. Lorrie Huff, Margaret J. Sinclair and Barbara Lichman supporting lower densities were presented. A report dated December 4 was presented from the Advance Planning Administrator regarding "Buildable Acreage." Letters received after the agenda was printed from Mrs. L. S. Sunderland approving lower densities, and from the Airport Action Association withdrawing its letter of objection to the approval of a hotel ldesignation on the Koll Center Newport site in the General Plan were presented. The Council agreed to take straw votes on the sites under consideration. i I Volume 33 - Page 339 • I I I I CITY of NEWPORT BEACH COUNCILMEN MINUTES t� 9 Tye tP �i1+ ROLL CALL �s 9 INDEX Site 4 - "North Ford" Richard Cannon, representing The Irvine Company, proposed a compromise combination of industrial, • retail and residential uses, specifically that 295,000 sq. ft. be permitted under industrial classification, 28,500 sq. ft. designated in retail classification and 120 units on the remaining 38 acres. Motion x Mr. Cannon was granted three additional minutes for All Ayes his presentation. Mayor Ryckoff asked Mr. Cannon if this proposal would mean that their lawsuit would be dropped, and Mr. Cannon responded that it would. Motion x Mayor Pro Tern Williams made a motion to limit the residential development to 197 dwelling units with an average square footage of 2,400, with the rest as acted on by straw vote last time, which was to have 67,018 sq. ft. of local service commercial and to convert the remaining 472,500 sq. ft. of industrial to residential, with the type of residential clarified by this motion. Motion x Councilman Hart made a substitute motion to Ayes x x x x x approve the plan on the board of 295,000 sq. ft. of Noes x x industrial, plus 28,500 sq. ft. of retail /commercial and 120 residential units, which motion carried. Mayor Ryckoff announced that Site No. 15 would be taken out of order and that this would be the last item taken out of order. Site 15 - "Beeco Property" Bill Banning of Beeco, Ltd. addressed the Council regarding Site 15 and asked that the straw vote taken last time be reconsidered and Alternate 1, residential as in the existing General Plan, be adopted. Motion x Mr. Banning was granted three additional minutes All Ayes for his presentation. Motion x Councilman McInnis made a motion to keep the Ayes x x x designation for the Beeco property as it is in the Noes x x x x General Plan now, moderate density residential, which motion failed. Site 4 - "North Ford" Motion x Mayor Pro Tern Williams made a motion regarding the North Ford site to clarify the development of that site that as a condition of development of the North Ford property, the residential portion of the property be placed under actual construction prior to, or at the same time as, actual construction I. of the industrial portion. Mr. Cannon of The Irvine, Company addressed the Council and protested the motion. • I i i Volume 33 - Page 340 • "Jk COUNCILMEN ROLL CALL �u' pss December 10 1979 Ayes Noes Motion All Ayes Motion • Ayes Noes Motion All Ayes ri U MINUTES x x x x x A vote was taken on Mayor Pro Tern Williams' X x motion, which motion carried. Site 1 - "Koll Center" The following people addressed the Council in support of retaining the proposed hotel in the i General Plan: Tim Strader of the Koll Company; Willard Martindale of the law firm of O'Melveny & Myers; Clarence Turner, President of Mariners Community Association; and Richard H. Spooner, Executive Vice President of the Newport Harbor Area Chamber of Commerce. x Mr. Strader was granted ten minutes for his presentation. The following people addressed the Council in opposition: Bob Millar, past president of the Airport Action Association, who stated he could not support the second position of the Committee; and Jean Watt, representing SPON, who reiterated their opposition to the Koll hotel. X Mayor Pro Tern Williams made a motion to delete 141,021 square feet from underbuilt office sites A, D, E and F; to allow development of 30% of the remaining allowable square footage as of October 1, 1978, prior to the adoption of a traffic phasing plan; to reduce the remaining 70% of office space by 50% and continue to require a traffic phasing plan prior to this additional construction; to delete the hotel use; and to designate the hotel site as office /commercial, thus allowing for transfer of allowable office footage to the hotel site at the discretion of the developer. Councilman Strauss asked the maker of the motion to amend the motion to include "motel" as well as "hotel," which amendment was accepted. Robert Shelton of The Irvine Company, and Tim Strader addressed the Council and protested 50% as being unreasonable for reduction. x x x x x A vote was taken on Mayor Pro Tern Williams' x x amended motion, which motion carried. Site 6 - "Newport Center" x Dick Cannon, representing The Irvine Company, asked for and was granted thirty minutes for their presentation by the following: Mr. Cannon proposed a compromise based on the Mayor's memorandum of December 3, 1979 and utilizing the description of particular projects,. utilizing the numbers suggested by the Mayor prior to footnotes with the exceptions that Civic Plaza would continue as a low -rise, garden office project of 234,706 sq. ft., and the residential in Block 700/800 would be adjusted to 245 units, and all else i remain as is. Volume 33 - Page 341 i INDEX CITY OF NEWPORT BEACH COUNCILMEN MINUTES �,9 s ROLL CALL �s'� December In 1Q7Q INDEX Ron Hendrickson stated their belief that the introduction of residential development into Civic Plaza would be inappropriate and requested consideration of the total office plan and the fact • that it is being predicated on the existing Planned Community that was approved by Council. Robert Shelton suggested that some reasonable .compromise could be reached. Motion x Mayor Ryckoff made the following motion regarding the Newport Center sites: In Newport Village, the 58,750 would be made optional for commercial /retail so if the developer does not wish to do that, it could be residential at four dwelling units per acre. Mayor Pro Tern Williams asked that the Minutes, reflect his request to have this particular square footage in Newport Village subject to review in the Planned Community text. In Corporate Plaza West, the 57,317 feet under office is to go under commercial /retail primary, and back to office as an alternate use. . The dwelling units changes in the right -hand column would all be at the four dwelling units per acre computation. In Civic Plaza, Block 700/800, the balance is to be residential, adding 45 dwelling units in the right - hand residential column, which leaves the 79,816 in the office column, representing 30 %. Also, the total office of 671,556 indicated in the Mayor's memorandum is to be cut by 50 %, which involves leaving Pacific Mutual as presently approved, with no change. Motion x Councilman Hart made the following substitute motion, using the Mayor's, memorandum of December 3, 1979: In Block 700/800, Civic Plaza, allow 30% of 30/70, and a 30% reduction, giving an allowable of 165,417. The rest of the 700/800 Block to remain the same, except dropping the condominiums back to 245. Block 600, the high -rise building, Prudential, be reduced 88,288 feet, which would be 30% reduction, bringing it down to 205,336. Block 400 /500, another 30% reduction, bringing it down to 67,278. I. Corporate Plaza is vested, less 30% they are allowed, and less 30% of that, to give them a total buildable of 81,480. j i Volume 33 -Page 342 � CITY OF NEWPORT BEACH COUNCILMEN MINUTES ;C, F 9 0� yF S is oAi i rAi i �PT INDEX The rest of the Mayor's motion is included as made. Tom Garver, Director of Newport Harbor Art Museum addressed the Council regarding their facility and parking. Thomas Casey, President of the Newport Center Association, addressed the Council as President of the Association and as a long -time resident of the City in favor of having the Center completed. Dick Marowitz, President of the Fashion Island Merchants Association and Westcliff Plaza, addressed the Council and stated for the record that the Fashion Island Merchants are in accord with the general plan of The Irvine Company. David Dmohowski, representing The Irvine Company, addressed the Council regarding the figure for buildable office for Corporate Plaza, stated that the figure should be 163,000 rather than 116,401, and asked that the figure be corrected either that night or in the future. The Mayor stated that for the intent of Councilman Hart's motion, 30% of what is available would be used for Corporate Plaza, and for his original main motion, 50% of what is available would apply to Corporate Plaza. x x A vote was taken on Councilman Hart's substitute �es es x x x x x motion, which motion failed. Councilman Strauss asked that the main motion be amended to remove the additional 45 dwelling units from Civic Plaza and restore the office use figure to 2449110 sq. ft., which was accepted by the maker of the motion. Robert Shelton addressed the Council with suggested figures that would possibly avoid the later review of transfers by suggesting. specific transfers at that time as follows: In the office column, adding 154,000 to the 79,816 for Civic Plaza; reduce Block 600 by 93,338, or 200,000; Block 400/500, reduce to 20,000; and leave the remainder as is, as the Mayor proposed. Ayes x x x x A vote was taken on Mayor Ryckoff's amended Noes x x x motion, which motion carried. Robert Shelton for The Irvine Company addressed the Council verifying their understanding of the 1 action taken - with respect to office development in Newport Center, the total permissable is 335,778, but that it may be allocated so that 244,000 of that can be built in Civic Plaza and the remaining amount may be placed optionally anywhere else in Newport Center. Volume 33 - Page 343 f CITY OF NEWPORT BEACH COUNCILMEN MINUTES Sams__� 1 , C v � n y . S. v 2 LL %' � v 0,^ S' Gs Zi 3 ,,p s d' ROLL CA December 10. 1979 INDFV Mr. Shelton was informed that this was correct, plus the square footage already :aooroved for Pacific Mutual. Also, he was informed that the modification of residential from 290 down to 245 would restore 164,294 to Civic Plaza office so with a 50% reduction, one -half of that amount, or 81,147, would be added to the 335,778 for a new total of 416,125. He was also advised that this was final and a new straw vote was not necessary to confirm. Motion x Site 7 - "13ayview Landing" The Planning Commission Alternative was approved All Ayes designating the site for Recreational and Environmental Open Space" for public recreation uses with a view park and bike path on the upper portion and recreational vehicle camping on the lower portion, or similar recreational uses of no greater intensity. As an alternate use, four dwelling units per buildable acre with all buildings to be located on the lower portion of the site to preserve existing public views. Site 9 - "Westbay" Motion x Mayor Pro Tern Williams made a motion to adopt the Planning Commission alternative of residential at four dwelling units per buildable acre, with 75% of the allowable units to be transferred to either Newport Center or North Ford, with the 40 dwelling units remaining on -site to preferably be clustered. Councilman Strauss asked that the motion be amended to stipulate the density transfer to Newport Center, which was accepted by the maker of the motion. Robert Shelton of The Irvine Company addressed the Council and stated their preference for receiving this density transfer in NewporterNorth rather than Newport Center. He also stated that if the Council's objective is that this land be open space and be public, then they feel that the straightforward way to go about it is for the public to acquire it in a straightforward way, but that it is their belief that it can be sensibly developed. Ayes x x x x x x A vote was taken on Mayor Pro Tern Williams' Noes x amended motion, which motion carried. Site 10 - "Eastbiuff Remnant" Motion x Mayor Pro Tern Williams made a motion to adopt the Planning Commission alternative of residential at four dwelling units per buildable acre to be trans- ferred to Newport Center. Robert Shelton of The Irvine Company addressed the Council and asked that the transfer be made to i i Newporter North. •Volume i 33 -Page 344 COUNCILMEN MINUTES 4iC to y a,�'y� ROLL CALL 5 December 10. 1979 INDEX Motion x Councilman Heather made a substitute motion to Ayes x x x make the transfer to Newporter North, which es x x x x motion failed. Ayes x x x x x x A vote was taken on Mayor Pro Tern Williams' main Noes x motion, which motion carried. Buildable Acreage Motion x Mayor Ryckoff made a motion that the policy language to be placed in the General Plan retain the definitions of "Buildable Acreage" unchanged, and that the following areas considered by the Commission be evaluated during discretionary review except No. 2, "View Corridors;' and that no structure shall be built in these areas as determined by the Planning Commission or Council, nor shall they be built in the defined area as unbuildable acreage that are already defined: 1. Environmentally - Sensitive Habitat Areas 2. View Corridors 3. Flood Plain Areas 4. Coastal Bluffs 5. Blufftop Setback Areas 6. Riparian Areas 7. Geological Hazard Areas 8. Residential Developments - Areas impacted by noise levels of 65 CNEL or greater. Policy language is also to be added stating that at the time the Planning Commission and City Council review the Planned Community development plan, tentative and environmental documentation for a particular project, there shall be deleted certain additional sensitive areas, as determined by Planning Commission or Council, from this calculation of the total number of units to be allowed on a site as follows: 1. Riparian . and other environmentally sensitive habitat areas. 2. Flood plain areas. 3. Coastal Bluffs and bluff setback areas. 4. Noise impacted areas - noise levels of 65 CNEL or greater. 5. Residential noise impacted areas. Robert Shelton of The Irvine Company addressed the Council and protested this action based on a document which they had not seen and which would affect them as well as other builders. Volume 33 - Page 345 I i I CITY OF NEWPORT BEACH COUNCILMEN MINUTES yy��Ays„��, ROLL CALL ��'� mber 10 1979 INDEX RAotion x Mayor Pro Tern Williams made a substitute motion All Ayes to accept the Planning Commission • recommendations regarding buildable acreage, and direct the Planning Commission to consider other aspects of buildable acreage discussed by Council for the next General Plan Amendment, which motion carried. Robert Break of Latham & Watkins addressed the Council on behalf of The Irvine Company protesting actions taken by the Council. . Hal Thomas addressed the Council and supported the Council action on the General Plan and commented with favor on the density transfers. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x Mayor Pro Tern Williams made a motion to accept the Environmental Document and adopt Resolution No. 9689, accepting the Environmental Document . and approving the straw votes taken on the Land Use, Residential Growth, and Recreation and Open Space Elements of the General Plan (Amendment No. 79 -1). Councilman Heather stated for the record that she could not support the motion in totality, nor could she accept the Environmental Document as complete; that the City had abrogated the Planning on North Ford and Civic Plaza; that the other area . she couldn't support would be the action taken on . Koll Center; that with those exceptions, she could support the rest of the motion, but these were her reasons for voting in opposition to the entire General Plan Amendment. Ayes x x x x x A vote was taken on Mayor Pro Tern Williams' Noes x x motion, which motion carried. Robert Shelton addressed the Council and pointed out that the language of the motion was that all the straw votes be ratified, but that Council had earlier indicated that it would deal with the Newport Center adjustment in the final motion, and the only voten taken on Newport Center set a ceiling that was later conceded to be wrong, but that it had not been voted on. The City Manager stated for the record that in Newport Center, a total of 416,125 would be shown. i i i j i Volume 33 - Page 346 �' CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 , �Ci O yG?i 93 �, F ss s ROLL CALL �' 9 December 10, 1979 irufwir 3. Mayor Ryckoff opened the public hearing regarding Dwelling proposed Ordinance No. 1830, being, Unit • AN ORDINANCE OF THE CITY OF (67) (67) NEWPORT BEACH AMENDING SECTION NO. 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE TERM "DWELLING UNIT." Planning Commission Amendment No. 538, a request initiated by the City of Newport Beach to consider an amendment to Section 20.87.140 of the Newport Beach Municipal Code as it pertains to the definition of the term "Dwelling Unit," and the acceptance of an Environmental Document. A report was presented from the Planning Department. A letter from the West Newport Improvement Association was presented expressing appreciation for the opportunity to participate in discussion regarding the proposed definition. Motion x The hearing was closed after it was determined that All Ayes no one desired to be heard. Motion x Ordinance No. 1830 was introduced and passed to All Ayes second reading on January 7, 1980. • 4. Mayor Ryckoff opened the public hearing regarding Police Tow the selection of the two official Police Tow truck Truck Service operators and the granting of Certificates of Service Public Convenience and Necessity for tow truck (70) services. The applicants for the tow truck certificates and official police tow services are Coast Towing Service, Harbor Towing, and G & W Towing, Inc. A report was presented from the City Manager. A letter from Jim Poteet, Coast Towing Service, was presented. Donald E. Smallwood, attorney representing G & W Towing, Inc. addressed the Council and stated he would answer any questions regarding his client. Dennis O'Neil, attorney representing Coast Towing Service, addressed the Council and stated he was present to answer any questions, and suggested the item be continued to allow the Council to view the storage yards of all applicants. Councilman Heather stated for the record that she had visited all storage yards. Motion x The item was continued to January 7, 1980 to allow Ayes �es x x x x! x x x time for viewing the yard sites. i i Volume 33 - PanP 347 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9Cny�'� O'bG?i ROLL CALL d' 9 rlecemher 10. 1979 INDEX E. ORDINANCES FOR SECOND READING: 1. Ordinance No. 1828, being, Mechanical Blowers AN ORDINANCE OF THE CITY OF 0 -1828 NEWPORT BEACH ADDING SECTION (62) 6.04.055 TO THE NEWPORT BEACH . MUNICIPAL CODE DEALING WITH THE USE OF MECHANICAL BLOWERS WITHIN THE CITY OF NEWPORT BEACH, was presented. A letter from The Irvine Company was presented supporting prohibition of the use of blowers in improper ways. Motion x Ordinance No. 1828 was adopted. All Ayes 2. Ordinance No. 1829, being, One -Way Alleys AN ORDINANCE OF THE CITY OF 0 -1829 NEWPORT BEACH AMENDING SECTION (83) 12.52.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE THE OCEAN FRONT ALLEY BETWEEN THIRTY - FIRST AND THIRTY - SECOND STREETS ONE -WAY NORTHWESTERLY AND THIRTY -THIRD STREET BETWEEN THE OCEAN FRONT ALLEY AND SEASHORE DRIVE ONE -WAY NORTHEASTERLY. was presented. Motion x Ordinance No. 1829 was adopted. All Ayes F. CONTINUED BUSINESS: 1. A report from the Building Department was Building presented regarding proposed amendments to the Code Grading Code as recommended by the Grading and (26) Siltation Committee in their report to the City Council on October 9, .1979. Motion x The following actions were taken: All Ayes Ordinance No. 1831, being, AN ORDINANCE OF 0 -1831 THE CITY OF NEWPORT BEACH AMENDING SECTION 15.04.190 OF THE NEWPORT BEACH MUNICIPAL CODE AND AMENDING CHAPTER 70 OF THE NEWPORT BEACH BUILDING CODE DEALING WITH BUILDING AND SILTATION, was introduced and set for public hearing on January 7, i i 1980. • i i Volume 33 - Page 348 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES F v °Tti�s% ROLL CALL \ December 10. 1979 INDEX Resolution No. 9690, urging all governmental R -9690 agencies performing work within the City of Newport Beach to observe the requirements of the Newport Beach Grading Code, was adopted. Council Policy K -9, "Grading Requirements and Pol K -9 Procedures for Public Works Projects," was amended. The negative declaration was accepted. 2. A report to the City Manager from the Parks, Balboa Beaches and Recreation Director was presented Island asking that the item be continued to January 7, Park 1980, regarding Balboa Island Park. (62) Motion x The item was continued to January 7, 1980 as All Ayes requested. 3. A report was presented from the City Manager. One -way regarding the one -way street system on Seashore Streets. Drive. (83) Letters from Russell Griffith, Lucille Stephens and Walter S. and Joan S. Semeniuk, Dr. and Mrs. J. Clark Moore, and a letter from Mrs. W. E. McNair enclosing a petition with 285 signatures (118 from residents of Newport Beach) opposing the one -way traffic on Seashore Drive were presented. A letter received after the agenda was printed from the West Newport Beach Improvement Association in favor of the one -way system on Seashore Drive was presented. Helen McNair and Margaret Hall addressed the Council in opposition to the one -way system. Motion x Councilman McInnis made a motion to reaffirm the . current one -way street system and current bicycle lane design and location. Margot Skilling addressed the Council regarding things that need to be done in order to maintain the one -way system on a permanent basis. Suzanne Sommer addressed the Council and opposed a bicycle trail on the north side of the street. Ayes x x x x x A vote was taken on Councilman McInnis' motion, Noes x x which motion carried. 4. A .letter of request from the Irvine Terrace Irvine Community Association was presented regarding a Terrace portion of Irvine Terrace Park. Park (62) i A report was presented from the City Manager. 0 Volume 33 - Page 349 i COUNCILMEN MINUTES v ROLL CALL ' December lo. 1979 INDEX Motion x The staff was directed to prepare a budget All Ayes amendment in the amount of $4,263.95 and to request that the contractor for the Irvine Terrace . Park improvements bill the City directly for certain items. G. CURRENT BUSINESS: 1. A report was presented from the Public Works $hperfor Av Department regarding Superior Avenue Impry Improvements from Coast Highway to 1200 feet (82) north of Coast Highway. A letter from the West Newport Beach Improvement Association regarding problems they see in connection with the project was presented. Motion x Resolution No. 9691, requesting the County of R -9691 All Ayes Orange to include Phase I of Superior Avenue Improvements from Coast Highway to 1200 feet north of Coast Highway in the Fiscal Year 1980 -81 Arterial Highway Financing Program (AHFP) was adopted, and a public hearing was set for January 7,. 1980 regarding the Initial Study and Environmental Impact Report— Negative Declaration. 2. A report was presented from the Public Works Encroachment Department regarding the request of Warkentin Rogers Architectural Group for two encroachments into Gardens Third Avenue public right -of -way at 600 Orchid 600 Orchid 400tion Avenue. (65) x Mayor Ryckoff made a motion to approve the request for a retaining wall to encroach 12 inches into the public right -of -way for a length of 1454 feet, and to deny the request for fence encroachment on top of the retaining wall and the request for the encroaching steps. Bill Warkentin, applicant, addressed the Council. Motion x Councilman Hummel made a substitute motion to All Ayes approve the request for a retaining wall to encroach 12 inches into the public right -of -way for a length of 1454 feet, the request for fence encroachment on top of the retaining wall, and the request for the encroaching steps, which motion carried. 3. A letter from Richard Beber was presented Beber regarding an incident involving the Police .(70) Department and asking permission to address the Council Mr. Beber was not present. 4. A letter from Hardesty Realtors was presented Balboa Is requesting that the City Council covenant to Park maintain a 10 -foot setback on City property (62) adjacent to 119 Agate Avenue, Balboa Island. •Volume I i 33 -Page 350 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 C C+ y 9 OyG2i �9 s ROLL CALL �u'� Ns llecemher In_ 197q INDEX A report was presented from the Planning Department. 4kotion x Resolution No. 9692, authorizing the Mayor and City R -9692 1 Ayes Clerk to execute a Covenant and Agreement to I create the required fire separation between the proposed structure at 119 Agate Avenue and a City structure, but in the event the City cannot accommodate the request, the applicant shall provide the required fire separation. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes those items removed: 1. OR FOR INTRODUCTION - For introduction and pass to second reading on January 7, 1980: (a) Proposed Ordinance No. 1832, being, AN Mobile Food ORDINANCE OF THE CITY OF NEWPORT Vendors BEACH AMENDING SECTION 6.08.010 AND 0 -1832 6.08.020 OF THE NEWPORT BEACH (95) MUNICIPAL CODE AND ADDING SECTION 6.08.042 AND 6.08.044 TO THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH THE REGULATION OF MOBILE FOOD PREPARATION VEHICLES. (A report from • the City Attorney) (b) Proposed Ordinance No. 1833, being, AN Animal ORDINANCE OF THE CITY OF NEWPORT Regulations BEACH AMENDING SECTION 7.04.100 OF 0 -18:33 THE NEWPORT BEACH MUNICIPAL CODE (70) PROVIDING FOR IMPOUNDMENT AT A CITY FACILITY OF ANY DOG WHICH BITES A PERSON WHILE UNLEASHED AND WHOSE OWNER CANNOT PROVIDE PROOF OF CURRENT RABIES VACCINATION. (A report from the City Manager) 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 9693 adopting regulations for Election candidates for elective office, pertaining to R -9693 materials submitted to the electorate and (39) costs thereof for the General Municipal Election to be held in said City on Tuesday, the 8th of April, 1980. (Attached) (c) Resolution No. 9694 requesting the Board of Election Supervisors of the County of Orange to R -9694 permit the Registrar of Voters of said County (39) to render specified services to the City of Newport Beach, relating to the conduct of a • General Municipal Election to be held in said i City on April 8, 1980. (Attached) i . Volume 33 - Page 351 • MINUTES (d) Removed from the Consent Calendar. (e) Resolution No. 9695 designating intersections at which vehicles are required to stop and directing the Traffic Engineer to erect necessary stop signs (Newport Heights /Cliff Haven Traffic Plan) amended. (A report from the Public Works Department) (f) Resolution No. 9696 approving a rate increase in the Janitorial Maintenance Contract between the City of Newport Beach and Universal Building Maintenance (Libraries). (A report from the City Manager) (g) Resolution No. 9697 authorizing the Mayor and City Clerk to execute a maintenance agreement between the City of Newport Beach and Meltronics, Inc., in connection with the Police Department's computer system. (A report from the Police Department to the City Manager with copy of agreement) (h) Resolution No. 9698 authorizing the Mayor and City Clerk to execute an amendment to the Janitorial Maintenance Agreement with the Universal Building Maintenance Company, Inc. for Newport Beach Police Facility. (A report to the City Manager from the Chief of Police) (i) Resolution No. 9699 authorizing the Mayor and City Clerk to execute the Janitorial Maintenance Agreement between the City of Newport Beach and Western Counties Maintenance Co., Inc., for janitorial maintenance service for City Hall, the City yard complex, Community Development building; Utilities building, and City Council Chambers. (A report dated November 26, 1979 from the City Manager) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from L. K. Homyer opposing a height variance for the proposed new house at 3425 Ocean Boulevard, Corona del Mar. (Attached) (b) To Pending Legislation and Procedural Ethics Committee, a resolution of the City of Buena Park requesting action by the State Legislature to restore the original language of specific sections of the State Health and Safety Code and Welfare and Institutions Code in regard to local authority in the establishment of residential care facilities. (Attached) Volume 33 - Page 352 INDEX Stop Signs R -9695 (81) Bldg Maint Libraries R -9696 (38) Police Computer Maintenance R -9697 (38) Bldg Maint Police Fac R -9698 (38) Bldg Maint City Hall City Yard etc R -9699 (38) CITY OF NEWPORT BEACH COUNCILMEN MINUTES tso oy v� T�9�s s ROLL CALL S r)ara.mhoe In 1070 IIunFY (c) To Pending Legislation and Procedural Ethics Committee, a resolution of the City of Cypress urging a County -wide restriction on • the sale of fireworks. (Attached) (77) (d) To staff for reply, a letter from West Newport Beach Improvement Association requesting that the City install attractive trash receptacles on the North side sidewalk of Seashore Drive between 55th Street and (44) Orange Street. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for filing and inclusion in the records: (a) A letter to City Manager Robert Wynn from Joan Yost representing the United Way of Orange County thanking the City for its participation in the 1979 United Way Campaign and with special thanks to Chief (61) Gross. (Attached) (b) A resolution of the Board of Supervisors of Orange County regarding the development of North Star Beach for public recreational use and stating their desire to work with the Dover Shores Community Association and any other interested group in the planning and development of such facilities. (Attached) (62) (c) Minutes of the Local Agency Formation • Commission meeting of November 14, 1979. (d) Hearings before the Public Utilities (28) Commission: Application of Southern California Gas Company to increase rates. (28) Application of Pacific Telephone for a rate increase. (e) Agenda of the Board of Supervisors Meetings of November 27, 28, December 4 and 5, 1979. (56) 5. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the (36) insurance carrier: (a) Claim of Jay Carnahan for personal injuries Carnahan on August 17, 1979 when he was hit by a car on the beach in the City of Newport Beach. The claimant alleges that the posted vehicle restrictions on the beach were not being enforced. (b) Claim of Geri A. Johnson for property Johnson i damage when she was side - swiped by a Police vehicle while it was making a right turn at • 5th and Fernleaf on November 2, 1979. Volume 33 - Page 353 CITY OF NEWPORT BEACH COUNCILMEN MINUTES Jr 17 , yy��1i�yuj�� F 90 TyNs l ?s p cP RAI I CAI I � nerPmhrr 10. 1979 INDEX (c) Claim of Carol Sokel for property damage to Sokel the basement of her home at 734 Poppy • Avenue, Corona del Mar on September 9, 1979, which was allegedly caused by a sewage back -up from a blocked City sewer line. (d) Claim of Donna VanAuken for property Van Auken damage to her parked vehicle when it was hit by a Newport Beach Police vehicle in pursuit of another automobile on Balboa Boulevard and West 18th Street on November 28, 1979. . 6. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Diane E. Carpenter Carpenter for general damages and medical expenses, Case No. 31 -29 -93 in the Orange County Superior Court. The original claim was for personal injuries caused when claimant was hit in a crosswalk allegedly due to City negligence in properly signing the area. (b) Summons and Complaint of Edward Leimback Leimback for personal damages, Case No. 37891 in the Orange County Harbor Municipal Court. The original claim was for false arrest and detainment. • 7. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval: (A report from the City Manager) (a) One Deputy City Clerk, City Clerk's Office, to fill a position to be vacant. (b) One Plan Check Engineer, Building Deparment, to fill a vacant position. (c) Two Firefighters I, Fire Department, to fill vacant positions. (d) One Senior Planner, Planning Department, to fill a position to be vacant. 8. COMMISSION, COMMITTEE AND STAFF REPORTS - For Council information and filing: (a) A report from the Planning Department Planning regarding action taken by the Planning Commission Commission on November 8, 1979 amending (67) the Planning Commission Rules of Procedures as they pertain to substitute motions. (Attached) i Volume 33 - Page 354 i �. CITY OF NEWPORT BEACH COUNCILMEN MINUTES A�'Y�J�� ")5 � 9yG22' �.fl ROLL CALL r.e o tie- in 1090 iancv 9. MODIFICATION OF TRAFFIC SIGNALS AND Traffic SAFETY LIGHTING - IRVINE AVENUE AT MESA Signals • DRIVE, AND AT UNIVERSITY DRIVE /DEL MAR (81) AVENUE (C -2040) - For approval of plans and specifications; and authorization to the City Clerk to advertise for bids to be opened at 10:00 a.m. on December 27, 1979. (A report from the Public Works Department) 10. 1979 -80 CEMENT - MORTAR LINING OF CAST IRON Lido Isle PIPE, LIDO ISLE AND PACIFIC COAST HIGHWAY PCHwy (C -2130) - For approval of plans and specifications; Water Mains and authorization to the City Clerk to advertise for Crrent Lining bids to be opened at 10:30 a.m. on December 27, (38) 1979. (A report from the Public Works Department) 11. LANDSCAPING AT THE ENTRANCES OF HARBOR Encroachment VIEW HOMES (EP -79 -259) - For approval of the Permit Encroachment Permit Application. (A report from (65) the Public Works Department) 12. HARBOR PERMIT APPLICATIONS - For approval of Harbor the following Harbor Permit Applications, subject to Permit the conditions of approval listed in the staff reports: (51) (Reports from the Marine Department) (a) Removed from the Consent Calendar. (b) Application No. 239 -3904 of Robert Holman to construct a wood deck on pilings at 3904 • River Avenue. 13. ENSIGN VIEW PARK STORM DRAIN (C -2123) - Ensign Vw Acceptance of work . on subject project; Park Storm authorization to the City Clerk to file a Notice of Drain Completion and to release the bonds 35 days after (38) Notice of Completion has been filed. (A report from the Public Works Department) 14. TRAFFIC SIGNAL AND SAFETY LIGHTING AT Traffic EAST COAST HIGHWAY AND AVOCADO AVENUE Signal (C -2128) - Approval of the plans and specifications; (38) and authorization to the City Clerk to advertise for bids to be opened at 2:00 p.m. on December 26, 1979. (A report from the Public Works Department) 15. FRIENDS OF NEWPORT BEACH LIBRARY OPEN Library HOUSE -. Removed from the Consent Calendar. (50) 16. SOUND AMPLIFYING APPLICATION - Approval of Permit application for use of sound amplification equipment (63) from 8:00 p.m. to 1:00 a.m. on December 14, 1979 at 701 Kings Road in connection with a sorority party and dance being held by Alpha Omicron Pi. (Attached for Council)) • i Volume 33 - Page 355 CITY OF NEWPORT REACH COUNCILMEN MINUTES 9?i � �9 J+ s' ROLL CALL S "` riAramh., in 1970 IIUr)FY 17. BUDGET AMENDMENTS - For approval: BA -033, $200,000.00 increase in Budget • Appropriations for expansion of Lido Fire Station #2, from Unappropriated Surplus, Building Excise Tax. (A report from the City Manager) BA -034, $3,312.37 increase in Budget Appropriations and increase in Revenue Estimates, donation from Far West Services, Inc. for purchase of audio - visual slide projection system, from Unappropriated Surplus and Donations and Contributions, to Office of Chief of Police, Equipment, N.O.C., General Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter was presented from the Friends of the Library Newport Beach Library requesting authorization to (50) request a permit from the Alcoholic Beverage Department of the State of California in connection with a Fundraiser -Open House to be held at the Newport Center Branch on January 18, 1980. Motion x The request was approved. All Ayes 2. A report was presented from the City Clerk Election regarding rebuttal arguments. (39) 0 otion x Resolution No. 9700, authorizing submission of R -9700 11 Ayes rebuttal arguments pursuant to Section 5014.5 of the Elections Code of the State of California, was adopted. 3. A report was presented from the Marine Department Harbor regarding Harbor Permit Application #124 -3320 by Permit the Bahia Condominium Association to revise (51) existing slip floats bayward of 3320 Via Lido. The City Manager informed the Council that the applicant had requested permission to withdraw his application. Motion x The applicant was allowed to withdraw his All Ayes application as requested. Motion x 4. Resolution No. 9701, calling and giving notice of the Election All Ayes holding of a general municipal election to be held in R -9701 Newport Beach on Tuesday the 8th of April, 1980, (39) for the election of certain officers of said City as required by the provisions of the Charter of the City of Newport Beach, was adopted, and the City Attorney was directed to prepare an analysis of the i Chamber's ballot measure if it should qualify. •Volume 1 i 33 -Page 356 CITY OF NEWPORT BEACH COUNCILMEN MINUTES SG'y �� t'c+ 9 ( F 0n1 I rAi i s �i�T 9 S n e. In io a INDEX r. J. ADDITIONAL BUSINESS: x 1. A public hearing was set for January 7, 1980 Cncl Right 4otion 11 Ayes regarding Variance No. 1063, amended, a request by of Review Norman Walker for the construction of a single- Var 1063 family dwelling in the R -1 District that exceeds the (91) height limit in the 24/28 foot height limitation district on property located at 3425 Ocean Boulevard, Corona del Mar. The Mayor adjourned the meeting at 2:15 a.m., December 11, 1979: ayor ATTEST: City Clerk • I I i ' Volume 33 -Page 357 I r.