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Home My WebLink About09/28/1981 - Regular MeetingC UNCIL ME B RS s ROLL CALLS CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: September 28, 1981 MINUTES I Wf1CY Representatives of Teleprompter presented the Mayor with a video -tape entitled "This is Newport Beach" as a gift in recognition of the City's 75th Anniversary. They also announced the dedication of a City video -tape • library (live coverage telecasts will commence October 26). The Mayor presented a Proclamation to Nancy Harris of the Orange County Mental Health Association in recogni- tion of Domestic Violence Awareness Week, October 12 through 18, 1981. A Proclamation was presented to Sharon Esterly of the Voluntary Action Center in recognition of United Way Month, October 1981. Duncan Stewart, resident, recited a poem he had written for the Coast Highway Bridge Dedication. Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of All Ayes September 14, 1981, was waived, approved as written, and ordered filed. Motion x C. The reading of all ordinances and. resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. At this time, it was suggested by Council Member Strauss that the City Council limit the public hearing on the Banning - Newport Ranch to 1 -1/2 hours, and that the City Council adjourn its meeting by 12:30 a.m. There being no objections, it was so ordered. D. HEARINGS: 1. Mayor Heather opened the continued public hearing GPA 81 -1 regarding GENERAL PLAN AMENDMENT 81 -1, a request (45) initiated by the City of Newport Beach to amend the Newport Beach General Plan for the Banning - Newport Ranch Planned Community, and the acceptance of an Environmental Document. Property located northerly of West Coast Highway and approximately 360 ft. westerly of Superior Avenue in the West Newport area; AND AMENDMENT NO. 1 TO THE LOCAL COASTAL PROGRAM, a request initiated by the City of Newport Beach, to amend the Land Use Plan and the adoption of an Implementing Ordinance for the Newport Beach Local Coastal Program; AND Volume 35 - Page 283 CITY OF NEWPORT. ®EACH C UNCIL ME B RS MINUTES titi ,� y�y 'li ROLL CALL J+9 September 28 1981 > INDEX AMENDMENT NO. 561, a request initiated by BEECO, GPA 81 -1 Ltd., Newport Beach, and the Newport -Mesa Unified School District, to establish a Planned Community Development Plan and Development Standards for the • Banning - Newport Ranch Planned Community; AND TRAFFIC STUDY, initiated by BEECO, Ltd., Newport Beach, and the Newport -Mesa Unified School District to consider a Traffic Study for the Banning- Newport Ranch,Planned Community. A report from the Planning Department, was pre- sented. Alternative recommendations to action taken by the Newport Beach Planning Commission regarding General Plan Amendment 81 -1 from the West Newport Legislative Alliance, were presented. A letter from the Newport Harbor Area Chamber of Commerce endorsing the proposal, was presented. Staff reviewed the past, current and proposed zon- ing for the properties in question. Bill Banning, President of BEECO, Ltd., addressed the Council and introduced Dr. John Nicoll, Super- intendent of Newport -Mesa Unified School District, Co- Applicant with BEECO, Ltd. Dr. Nicoll stated that the District's 11.5 acres . of land had been declared suplus, and it was their desire to return it to the property tax rolls and secure additional income for the District. David Neish of Urban Assist, Inc., representing the Applicants, addressed the Council and outlined the proposal under consideration. He noted that they were not requesting tentative map approval at this time. Drawings were displayed and explained by Mr. Neish relative to: 1) Concept Plan; 2) Land Use Element recommendations by the Planning Commission; and 3) Revised Concept Plan. Mr. . Neish stated that the primary objective of the Banning - Newport Ranch is for the successful integration of existing site features and sur- rounding land uses. Mr. Banning summarized the background and history of the project, and gave a slide presentation showing the adjacent and surrounding land uses. - Discussion ensued with respect to park dedication, geology, traffic phasing, density and fiscal return. Volume 35 - Page 284 • COUNCIL ME 6 RS MINUTES G� ti s Rnl 1 C01 I < September 28_ 1981 INI)FX The following persons addressed the Council: GPA 81 -1 . Louise Greeley, Chairperson for West Newport Legislative Alliance, 201 Intrepid Street, stated that their proposal has been endorsed • by 13 homeowner groups representing approxi- mately 9,000 people. Their association has joined together to study projects coming up for development. They are not in favor of a building moratorium, and are not anti - growth. They are also not affiliated with any other, organization in the City. They are a group of concerned voters, who support balanced growth. They are in support of the City's general objective "to protect and enhance the character and image of the community as a low density, residential, recreational area." Ms. Greeley stated that they do not feel the subject proposal is consistent with the City's objectives. The Environmental Impact - Report has been studied by their group and they also feel it is incomplete. She stated that their proposal differs from the proposed development mostly in land use. Their group is proposing that light industrial be reduced from 300,000 sq. ft. to 100,000 sq. ft., and that there be no office use because, in their opinion, it will generate more traffic. They would recommend that the remaining acreage be used for housing. Brenda Ross, 10 Summerwind Court, commented on • the need for more parks in the area. Their group is not in favor of the Council accepting in -lieu park fees, and would like to see park space dedicated as soon as possible. Barbara Cope, 16 Kialoa Court, Newport Crest Youth Club Supervisor, stated that the Youth Club has met weekly for eight months with a goal to locate recreational space. She out- lined some of their concerns with respect to land use, and urged that park dedication occur as soon as possible because of the immediate need. Allison Lenton, Newport Crest youth, also spoke in support of a park. Mike Johnson, 220 Nice Lane, expressed concern relating to existing oil and gas production facilities in the area, and the fire danger which could occur to the proposed increase in density. He felt there could be a.serious liability on the part of the City. Mr. Johnson also distributed copies of a news- paper article from the Orange County Register, September 27, 1981, entitled "Great.Quake - How Vulnerable is Orange County." He pointed out that the proposed development would be • located in the Newport /Inglewood fault area. Volume 35 - Page 285 CITY OF NEWPORT REACH C UNktPtP'P\P 6 RS MINUTES ROLL CALL September 28, 1981 INDEX Don Borthwick, 205 Canal Street, representing GpA 81 -1 Newport Shores, expressed concern with further drainage into the tidal channel that surrounds their community on the north and east. He stated that, due to recent storms, the west • end of the channel is completely clogged with sediment and they do not want any further deterioration. There are no provisions in the EIR to alleviate the run -off damage created by construction of the study area. He request- ed that provisions be made to trap and filter the runoff, or channel all run -off to the Greenville - Banning channel seaward of the Coast Highway bridge, in order that no further damage result to the communities of Newport Shores, Lido Sands, and the west end of the bay. Dr. Matthew Ross, 10 Summerwind Court, stated that the site is a natural drainage area, and that no one has addressed the issue of the soils at the proposed location. He urged that the drainage issue be considered further prior to final action. Charles Mallinson, 17 Summerwind Court, ex- pressed his concerns regarding the density factor for the proposed development. He felt any increase in density would greatly decrease the quality of living in the area. Todd Bailey, Newport Crest resident, spoke in support of more open space in the area. He • also indicated that, if a light industrial area were allowed, it would generate more traffic than a "living" area. Motion x Continued public hearing to October 13, 1981. All Ayes 2. Mayor Heather opened the public hearing regarding Finance SPECIAL DISTRICT AUGMENTATION FUNDS ($1,589.00), to (40) determine the distribution of these funds. A report from the Finance Director, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Accepted allocation of.$1,589.00 to be disbursed to A11 Ayes the Balboa Island Street Lighting District.. E. PUBLIC COMMENTS: 1. H. W. "Woody" Linton, Management Consultant repre- "Four -Way senting local Rotary Clubs, 519 Vista Flora, Test" City addressed the Council and requested they take (35) whatever action necessary to declare Newport Beach to be a "Four -Way Test" City, and proclaim October 20, 1981, as "Four -Way Test Day." • There being no objections, the Council indicated this item would be considered later in the meeting. Volume 35 - Page 286 C UNCIL ME 8 RS ROLL CAI I n 9nnromhc.- 19 1091 MINUTES INULX F. CONSENT CALENDAR: Motion x: The following actions were taken as indicated except All Ayes for those items removed: • 1. ORDINANCES FOR INTRODUCTION: - For introduction and pass to second reading on October 13, 1981: (a) Proposed Ordinance No. 1888, being, 0 -1888 Conduct on AN ORDINANCE OF THE CITY OF NEWPORT Beaches BEACH ADDING SECTION 11.08.055 TO THE (62) NEWPORT BEACH MUNICIPAL CODE PROHIBITING DANGEROUS ARTICLES ON ANY BEACH OR ADJACENT SIDEWALKS. (Reports from the Litter.Committee dated January 6 and August 19, 1981) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11052 authorizing the Mayor Lido Is/ and City Clerk to execute an Agreement for Little Bal Professional Engineering Services with Bridges William M. Simpson, Consulting Structural R -11052 Engineer, in connection with Lido Isle and C -2292 Little Balboa Island Bridges. (A report (38) from the Public Works Department) (b) Resolution No. I1053 declaring the City of Vac /Aband Newport Beach's intention to vacate a sewer swr esmt easement (Easterly of MacArthur Boulevard, R -11053 between Birch Street and Campus Drive) in (90) connection with Resubdivision No. 579 and • adopting a map showing the easement proposed to be vacated; and setting a public hearing thereon. (A report from the Public Works Department) (c) Resolution No. 11054 awarding a contract.to Grnd Canal AA -1 Painting Service, Inc. in connection Blkhd/ with the Grand Canal Bulkhead Sealant (C- R -11054 2278) and authorizing the Mayor and City C -2278 Clerk to execute same. (A report from the (38). Public Works Department) (d) Resolution No. 11055 authorizing the Mayor Jamboree Rd and City Clerk to execute an Agreement for widening/ Professional Engineering Services with R -11055 Phillips Brandt Reddick for Professional C -2293 Engineering Services for Environmental (38) Documentation for the Jamboree Road widening and noise wall construction adjacent to East Bluff. (A report from the Public Works Department) (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. Volume 35 - Page 287 CITY OF NEWPORT REACH C UNCIL ME B RS MINUTES yG3 s9�9s�� G� ROLL CALL `piP Se tember 28 1981 I NOEX crease rates for mobile radiotelephone services. Volume 35 - Page 288 (g) Resolution No. 11058 creating the Ad -Hoc City Irvine Coast Council Irvine Coast Study Committee. Ad- Hoc /Com R- 11058(24) • (h) Resolution No. 11059 establishing the Ad -Hoc City Council Dunes Development Committee. Dunes Dev/ Com (24) R -11059 (i) Resolution No. 11060 approving the destruction Records Mgm of certain records in the City Clerk's office. R -11060 .(32) (j) Resolution No. 11061 modifying certain assign- Personnel ment differential pay within the Police R -11061 Department. (A report from the City Manager) (66) 3. COMMUNICATIONS - For referral as indicated: (a) To Traffic Engineering for reply, a letter Tfc /Signs from Corona del Mar Chamber of Commerce re- (81) garding replacement of 1 -hour parking signs on Jasmine Avenue. (b) To Traffic Engineering for reply, a letter Tfc /Signs from residents in the vicinity of 15th and (81) - Aliso, Newport Heights, regarding removal of stop signs. (c) To the Utilities Department for reply, a Sewer Fees letter from Ed and Leah Schwaner, protesting (40) increased sewer charges. • 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letters from Al "King Alfonso" Lizanetz re- garding hydroelectric generated energy and his ongoing campaign against the sale of Seagram alcoholic beverages. (b) Orange County Health Planning Council's call for nominations for Assembly -At -Large posi- tions and Board of Directors for The Health Planning Council. (c) Orange County Division - League of California Cities tentative Agenda for October 1, 1981. (d) Friends of Oasis - Minutes of Board Meeting of August 17, 1981. (e) Minutes of Local Agency Formation Commission of Orange County for August 26, 1981. (f) Orange County Housing Authority Annual Report. (g) Orange County Board of Supervisors agenda for September 22 and 23, 1981 meetings. (h) Applications before the Public Utilities Com- • mission of the State of California, of Air- port Service, Incorporated for extended airport services; and the Pacific Telephone and Telegraph Company for authority to in- crease rates for mobile radiotelephone services. Volume 35 - Page 288 111] lip i C UNCIL ME 8 RS MINUTES G ti s G 9 •� � ROLL CALL Sn 9 iPOtembP_r 28. 1981 INDEX (i) Letter from Mrs. W. E. McNair, expressing thanks for Prospect Street improvement. (j) Notice from Pacific Telephone regarding new • Area Code 619. 5. CLAIMS FOR DAMAGES - For denial and confirmation Claims of the City Clerk's referral to claims adjuster: (36) (a) Marilyn I. Vann for property damage sustained Vann to her home on August 21, 1981, alleging stoppage of sewer draining existed in the city right -of -way. (b) Thomas H. Wells for property damage and Wells personal injuries, sustained on June 10, 1981, alleging unlawful trespassing by Police Officer. (c) Janet Lynn Wells for property damage and Wells personal injuries, sustained on June 10, 1981, alleging unlawful trespassing by Police Officer. (d) Carrie Blodgett for personal injuries sus- Blodgett tained on August 11, 1981, alleging that as she was being towed out of a riptide, Life- guard buoy clip hook became imbedded in her hand. (e) David Stewart seeking reimbursement of tow Stewart and storage charges and property damage to his vehicle sustained on June 30, 1981, • alleging the lack of parking signs denoting 72 -hour parking violation. 6. SUMMONS AND COMPLAINTS - For confirmation of the (36) City Clerk's referral to claims adjuster: (a) Mohn Hasan Nouri for Assault and Battery, Nouri Negligent Employment, and Intentional Inflic- tion of Severe Emotional Distress, Orange County Superior Court, Case No. 47123. (Duplicate Summons and Complaint - See August 31, 1981 agenda item F -6(b)) (b) Michael A. Swenson for personal injuries Swenson sustained from fall off lifeguard stand at Newport Dunes, Case No. 363647, Orange County - Superior Court. Claim was filed with City on August 17, 1981 and denied by Council on August 24, 1981. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Library Clerk I, Library Department. (b) One Concrete Foreman, General Services Depart - ment. (c) One Utility Serviceworker, Utility Depart- • ment. Volume 35 - Page 289 CITY OF NEWPORT BEACH C GUNCIL ME G B 9RS � Sentamber 28. 1981 MINUTES ROLL C_L� F Wncv S. STAFF AND COMMISSION REPORTS- For Council informa- tion and approval: (a) Report from Parks, Beaches and Recreation PB &R /St End Director regarding.REVIEW OF COUNCIL POLICY I- Impvms 12 'Ocean Front Street End Improvement's." (62) (b) Removed from the Consent Calendar. 9. PUBLIC HEARING SCHEDULING - For public hearing on October 13, 1981: (a) PLANNING COMMISSION AMENDMENT NO. 564, a P/C Amnd request of the J. M. Peters Company, Newport 564 Beach, to amend the previously approved Aeronutronic Ford Planned Community District Regulations to reflect the deletion of a park site and increase the permitted number of . dwelling units in Area 5 from thirty -nine to forty -eight within the overall allowed three hundred dwelling units for the district. The proposed amendment also.includes changed to. the Planned Community Development Standards involving garage setbacks from sidewalks or curbs and the location of future tennis courts and the acceptance of an Environmental Docu- ment. Property bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south and Jamboree Road on the west; zoned P -C. (A report from the Planning Department) (b) TENTATIVE MAP OF TRACT NO. 11604, a.request of Tr.11604 J. M. Peters Company, Newport Beach, to sub - divide 11.48 acres into thirty -three lots for single - family residential development and two lots for private landscape purposes where there were previously thirty -three lots for single- family residential development, two lots for private landscape purposes and one lot for private recreational purposes. Prop- erty locatedat -the southeasterly corner of Jamboree Road and Bison Avenue, in.the Aero- nutronic Ford planned Community; zoned P -C. (See report with F- 9(a)). (c) TENTATIVE MAP OF TRACT NO. 11605, a request of Tr 11605 J. M. Peters Company, Newport Beach, to subdivide 10.09 acres of land into nine lots for single - family residential development and one lot for private open space and landscap- ing purposes. Property located at the south- westerly corner.of Bison Avenue and MacArthur Boulevard, in the Aeronutronic Ford Planned Community; zoned P -C. (See report with Item F -9(a)) Volume 35 - Page 290 _ • •', - C AG U N Cs q I9 L ti � Mys E � 9 � R S MINUTES '; ROLL CALL INDEX (d) PLANNING COMMLSSION AMENDMENT NO. 565, a P/C Amnd request of Pacific Mutual Life Insurance 565 Company, Newport Beach, to amend the Planned Community Text for the Block 800 Planned • Community to allow additional gross floor area for the restaurant use and additional net floor for office use within the existing building at 800 Newport Center Drive, and the acceptance of an Environmental Document. I . Property located at 800 Newport Center Drive and Santa Barbara Drive in Newport Center; zoned P -C. (A report. from the Planning Department) 10. WATER MAIN ABANDONMENT IN WEST NEWPORT (C -2275) - West Npt/ Approval to reject all bids received for the Wtr Main project. (A report from the Public Works Department C- 2275/(38) 11. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10151 - Tr 10151 Lot 1, Tract No. 9587 and a portion of Blocks 92 Impvms and 97, Irvine's Subdivision, located at 2023 Spyglass Hill Road, on the southeasterly corner of Spyglass Hill Road and San Miguel Drive in Harbor View Hills - Accept the public improvements con - structed in conjunction with Tract No. 10151; authorize the City Clerk to release the Faithful Performance Bond (No. S767821); and authorize the City Clerk to release the Labor and Material Bond (Bond No. /Certificate of Deposit No. S767821) in six months, provided no claims have been filed. (A report from the Public Works Department) 12. ACCEPTANCE OF DOVER DRIVE RECONSTRUCTION AND Dover Dr/ • RESURFACING FROM CLIFF DRIVE TO IRVINE AVENUE (C- Reconstr 2232) - Accept the work; authorize the City Clerk C -2232 to file a Notice of Completion; and authorize the (38) City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 13. ACCEPTANCE OF JAMBOREE ROAD (NORTHBOUND) RESURFAC- Jamboree Rd/ ING FROM FORD ROAD TO 900 FEET SOUTH OF EASTBLUFF Resurf DRIVE (C -2197) - Accept the work; authorize the. 6-2197) City Clerk to file a Notice of Completion; and (38) authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 14. ACCEPTANCE OF JAMBOREE AND BAYSIDE DRIVE RESURFAC- Jamboree/ ING (C -2226) - Accept the work; authorize the City Bayside Clerk to file a Notice of Completion; and authorize C -2226 the City Clerk to release the bonds 35 days after (38) Notice of Completion has been filed. (A report from the Public Works Department) Volume 35 - Page 291 • C UNCIL ME B RS ROLL CALL cif+ P 0 • 0 MINUTES September 28, 1981 INDEX Tr 9858 Impvms Harbor Per (51) Ancient Mar/ Permit(51) EC /CAC (24) Cncl /Expns (25) BA/ (25) 15. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9858 - Portions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in an area bounded by the existing Spyglass Hill Development, the Bren III Development, Broadmoor Seaview, San Miguel Drive, and the San Joaquin Reservoir site. This is a portion of Tentative Tract No. 8725- Sector IV of Harbor View Hills, known as "Harbor Ridge." - Accept the public improvements constructed in conjunction with Tract No. 9858; authorize the City Clerk to release the Faithful Performance Bond (No. S757907); and authorize the City Clerk to release the Labor and Material Bond (No. 5757907) in six months, provided no claims have been filed. (A report from the Public Works Department) 16. Removed from the Consent Calendar. 17. MAINTENANCE DREDGING APPLICATIONS - Approve the applications in conjunction with conditions of approval listed in the General Permit issued to the City by the Army Corps of Engineers. (A report from the Marine Department) 175 -844 Jack Rosenberg 844 Via Lido Nord 110 -1114 J. R. Bahan 1114 E. Balboa Bl. 175 -840 Donald B. Ayres, Sr. 840 Via Lido Nord 151 -1205 Harold E. Simpson 1205 No. Bay Front 175 -530 Mrs. Alan Campbell 530 Via Lido Nord 154 -111 James Busby 111 E. Bay Front 175 -600 John O'Donnell 600 Via Lido Nord 18. APPROVAL OF APPLICATION OF ANCIENT MARINER - Sponsor of the "14th Annual Hobie Cat Regatta" to allow approximately 75 Hobie Catamaran boats to be stored on the public beach at 18th and Bay for two nights, on October 2 and 3, 1981. (A report from the Marine Department) 19, ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE - Accept letter of resignation from Judith Shelton with regret, and direct the City Clerk to prepare Certificate of Appreciation; schedule for Council Meeting of October 13 to fill vacancy. 20. APPROVAL OF REIMBURSEMENT FOR TRAVEL /EXPENSE IN THE AMOUNT OF $84.12 - For Council Member Donald A. Strauss' attendance at the San Francisco League of California Cities Employee Relations Committee Meeting on September 17 and 18, 1981. 21. BUDGET AMENDMENTS - For approval; BA -033, $13,500.00 Increase in Budget Appropria- tions for City's share of costs of Environmental Documentation for General Plan Amendment 812; Planning Fund. (A report from the Budget Commit- tee) BA -034, $298.44 Increase in Budget Appropriations and increase in Revenue Estimates for donation towards bronze plaque to be installed on the Upper Volume 35 - Page 292 INDEX Tr 9858 Impvms Harbor Per (51) Ancient Mar/ Permit(51) EC /CAC (24) Cncl /Expns (25) BA/ (25) me - C UNCIL ME B RS MINUTES s q 3 ti9�9s��G�� Volume 35 - Page 293 Newport Bay Bridge from Bridge Action Team for Plaque; Public Works Administration and Engineering Fund. (A report from the City Manager) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Won x 1. Following discussion regarding the OCTOBER /NOVEMBE Citizens All Ayes EDITION OF THE CITIZENS REPORTER Newsletter, staff Reporter was directed to insert paragraph relative to the (34) Federal Aviation Administration testing procedure recently being conducted at the airport. Motion, x 2. Report from the Public Works Department regarding Npt Center RESURFACING NEWPORT CENTER DRIVE (C- 2282), was Dr /Resurf presented. C -2282 Council Member Hummel stated he was not in favor (38) of approving the subject work, inasmuch as he felt there were other arterial streets and alleys in the City that were more in need of this improve.- . ment, and therefore, moved to not approve the plans and specifications at this time. Ayes x The motion FAILED. Noes x x x x x Abstain x Motion x Approved plans and specifications for the RESURFAC Ayes x x x x x ING OF NEWPORT CENTER DRIVE (C- 2282); and author - Noes x ized the City Clerk to advertise for bids to be Abstain x opened at 11:00 a.m., October 15, 1981. 3. Following comments by the staff relative to Agenda Motion Ayes x items F -2(e) and (f), the Council: a) Rejected all bids for C -2276 and C -2277; b) Adopted Resolution No. 11956 authorizing R -11056 the Mayor and City Clerk to execute an Upper Npt Agreement with The Irvine Company for Bay Excav placement of excavated material on "Site C -2279 A" in relation to Upper Newport Bay Exca- (38) vation and rescinding Resolution No. 11005. c) Adopted Resolution No. 11057 approving -a R -11057 Modified Agreement between the City of Npt Bay Newport Beach and the State Water Re- Siltation sources Control Board for implementa- C -2290 tion of the Newport Bay Siltation Program. (38) At this time, the Mayor announced and congratulate Council Member Maurer on his recent appointment to the Santa Ana Regional Water Quality Control Board. H. ORDINANCES FOR ADOPTION: - For second reading and adoption: 1. Ordinance No. 1886, being, 0 -1886 Tfc /Vehicles AN ORDINANCE OF THE CITY OF NEWPORT BEACH (85) AMENDING SECTION 12.32.020 BY ADDING THERETO SAN MIGUEL DRIVE BETWEEN SAN JOAQUIN HILLS • ROAD AND MACARTHUR BOULEVARD, AS A STREET WHERE COMMERCIAL VEHICLES ARE PROHIBITED, was presented for adoption. Volume 35 - Page 293 CITY OF NEWPORT BEACH C LUNCs I L s Ms E o R S MINUTES ROLL CAS INnFY A report from the Traffic Affairs Committee dated September 14, 1981, was presented. Motion x Ordinance No. 1886, was adopted. Ayes 2. Ordinance No. 1887, being, 0 -1887 Interf /Law AN ORDINANCE OF THE CITY OF NEWPORT BEACH Enforcement AMENDING SECTION 10.12.010 OF THE NEWPORT (70) BEACH MUNICIPAL CODE PERTAINING TO GIVING FALSE INFORMATION TO A POLICE OFFICER, was presented for adoption. A report from the Chief of Police dated September 14, 1981, was presented. Motion x Continued to October 13 1981 for more > quantita- All Ayes tive information from the Police Department. I. CONTINUED BUSINESS: 1. Reports from the Planning Department regarding SAna Heights the SANTA ANA HEIGHTS ANNEXATION, dated July 27 Annex(21) and September 28, 1981, were presented. The City Manager distributed copies of a letter he had just received from Roger C. Summers, advising that "a substantial number of property owners on Acacia, Birch, and Cypress Streets of Santa Ana Heights wish to express the opinion to the City that they have no desire at this time to • be annexed to the City." In view of the foregoing, it was recommended by the City Manager that, before proceeding any further, the staff be directed to determine what is meant by "a substantial number of property owners. . ." It was noted that if there area substantial number of property owners, it could decrease the petition in favor of annexation to less than 51 %. Motion x Council Member Hummel stated that, in view of the fact that the City has already received a petition signed by over 51% of the property owners in favor of the annexation, he would move the following motion: Determine responsibility for the preparation of an.Environmental Impact Report and filing of the Justification of Proposal with the Local Agency Formation Commission; waive, or fix City annexa- tion fees as established by Section 3.13.030 of the Municipal Code; waive the requirements to bring the subject area up to the image of Harbor Ridge and /or Big Canyon, and provide a type of zoning that allows the keeping of horses, but disallows the keeping of kennels, etc.; and authorize the Planning Commission to commence prezoning activities and amendments to the Land • Use Plan of the Local Coastal Plan. Volume 35 - Page 294 C UNCIL ME B RS y yG3 ?i ROLL CALL �y Sentemher 29 . 19R1 MINUTES - INDEX Richard Truofreh, 2031 Orchard Drive and owner of SActa.Heights vacant lot adjacent to subject address, appeared Annex before the Council, stating he represented over 100 property owners in Santa Ana Heights (and has signatures to justify). He displayed a map depicting the property owners in the area,•who feel they need a zone change other than residen- tial. He stated he did not feel it was fair to the taxpayers of the City to take on such a blighted area as Santa Ana Heights. He felt Santa Ana Heights could only be improved by total redevelopment. They also feel strongly that the City wants to annex Santa Ana Heights for the sole purpose of using it as a "whipping boy" against the County. The Mayor requested Mr. Truofreh submit the list of persons he represented. Jack Mullan, 2031 Mesa Drive, Santa Ana Heights, addressed the Council and stated that there are sufficient signatures on file in favor of the annexation in order for the City to proceed. He stated he felt the annexation would be an asset to the City, and would also give the City control of future ground traffic. Bill Warren, resident of Santa Ana Heights, ad- dressed the Council, and stated he felt the real issue was the airport and those residents living under the flight plan. He stated that the air- port has a noise factor which he does not see lessening. Irma Batham, 20451 Upper Bay Drive, Santa Ana Heights, and Beverly Mullan, 2031 Mesa Drive, Santa Ana Heights, appeared in support of the proposed annexation. Beverly Truofreh, 2031 Orchard Drive, Santa Ana Heights, addressed the Council and stated that when the petitions were first circulated in the Santa Ana Heights area, there were different petitions for different people, i.e., one for people who had horses, and one for property owners who wanted their property rezoned. She stated she was unsure as to how many of those . petitions were submitted to the City. Motion x Following discussion, substitute motion was made All Ayes to continue this item to October 26, 1981, for the purpose of evaluating the signatures on file requesting annexation. Volume 35 - Page 295 • COUNCIL ME B RS 3� .� y Gy ROLL CALL ny Cantcmhcr 9R lopi MINUTES INDEX 2. APPOINTMENT TO LITTER CONTROL CITIZENS ADVISORY LC /CAC COMMITTEE: (P4) Motion x Confirmed (District 1) Council Member Strauss' Ayes appointment of Lucile Patterson to fill unexpired term of Carol McDonald, ending December 31', 1981. 3. Report from the Fire Chief concerning FIRE PROTEC- Fire Sta TION SERVICE FOR NORTH NEWPORT BEACH, was pre- 1127 sented. C -2208 (38) A letter from The Irvine Company in support of renewing the joint protection agreement with the County of Orange for the operation of.Fire Station No. 27, was presented. The City Manager summarized the proposal and answered questions of the Council. Don Porter, Executive Director of the Newport Harbor Area Chamber of Commerce, addressed the Council in support of renewing the agreement. Motion x Adopted Resolution No. 11062 authorizing the Mayor R -11062 Ayes x x x x x x and City Clerk to execute an Agreement between Abstain x the City of Newport Beach and County of Orange in connection with Fire Protection Services in the northern part of the City (phased 3 -year Agree- ment), and direct staff to explore land acquisitio and mutual aid pacts leading towards the construc- tion of a City fire station in the area. • J. CURRENT BUSINESS: 1.' APPLICATION OF JOSEPH LIPNIK to construct a 10- Lipnik/ foot -wide curb cut on Crystal Avenue to serve Curb Cut 301 East Bay Front, Balboa Island, was presented. (80) A report from the Public Works Department, was presented. Letters from Balboa Island Improvement and Little Balboa Island Property Owners Associations, in support of proposed curb cut, were presented. Council Member Maurer stated he had viewed the site in question, and felt the curb cut would be an improvement to the property and benefit to the area. Motion x To approve the application. Brion Jeannette, architect for the Applicants, addressed the Council in response to a question raised regarding enclosed storage area for gar- bage cans, and stated that the plans do include . and reflect an enclosure for trash containers. All Ayes The motion was voted on, and carried. • Volume 35 - Page 296 CITY OF NEWPORT REACH C UNC1L ME B \RS MINUTES y y9 9s� A yP� RAI 1 rAI I SRontomhpr 7R_ 19R1 INIf1CY K. ADDITIONAL BUSINESS: Motion x 1. Adopted Resolution No. 11063 declaring the City -11063 A* Ayes of Newport Beach to be a "Four -Way Test" City,. "Four -Way proclaiming October 20, 1981 as "Four -Way Test Test" City Day" and authorizing the Newport Balboa Rotary (35) Club, Newport Irvine Rotary Club and Newport Center Sunrise Rotary Club to advertise and promote the City as such. The meeting was adjourned at 11:25 p.m. May ATTEST: City Clerk • Volume 35 - Page 297