HomeMy WebLinkAbout04/26/1982 - Regular MeetingC UN IL ME 8 RS
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: April 26, 1982
MINUTES
I►�Td3 ]
Mayor Pro Tem Hart presented a Proclamation to Pat
Krone, Director of Orange County Mental Health Associa-
tion, declaring the month of May as Mental Health Month.
Council Member Cox introduced Boy Scout Troop No. 333
from Corona del Mar.
Present
x
x
x
x
x
A. ROLL CALL.
Absent
x
x
Motion
x
B. The reading of the Minutes of the Meeting of
All Ayes
April 12, 1982, was waived, approved as written
and ordered filed.
Motion
x
C. The reading of all ordinances and resolutions under
All Ayes
consideration was waived, and the City Clerk was
directed to read by titles only.
D. HEARINGS:
1. Mayor Pro Tea Hart opened the public'hearing and
U/P 2068
City Council review of an APPEAL BY NOVAK'S PLACE,
(88)
CORONA DEL MAR, from the decision of the Planning
Commission on March. 18, 1982, approving USE PERMIT
NO. 2068, a request of Neal Bergstrom, Costa Mesa,
to establish a commercial dry cleaning facility in
the C -1 District. The proposal, as approved by the
Planning Commission, also includes modifications to
the Zoning Code so as to allow a portion of the
proposed building and a portion of the required
off- street parking to encroach into a required ten
foot rear yard setback adjacent to an alley which
is proposed for abandonment and to allow one tandem
•
parking space where the Zoning Code provides that
all required off - street parking in the C -1 District
shall be independently accessible. In addition,
the proposal as approved by the Planning Commission
also allows a portion of the required off - street
parking to encroach in a public alley which is
proposed for abandonment. Property located at 2934
East Coast Highway on the northeasterly side of
East Coast Highway between Iris Avenue and Helio-
trope Avenue in Corona del Mar.
Report from the Planning Department, was presented.
Appeal Application with letter from David A.
Kaylor, representing Novak's Place, was presented.
Letter from Richard A. Nichols with a copy of a
petition bearing approximately 15 signatures from
residents urging approval of Use Permit 2068, was
presented.
A map was displayed showing the location of the
proposed dry cleaning facility.
• .
Volume 36 - Page 133
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R()[ 1 COI l trn Aoril 26. 1982 I NDFY
E. E. Clabaugh, Jr., Attorney representing the
Appellant, urged that this item be continued
•
until a determination had been made as to the
abandonment of the alley in question.
It was noted in the staff report that the
Planning Commission did not approve the abandon-
ment of the alley, but rather, approved the subject
use permit contingent upon the alley being aban-
doned. The request for alley abandonment is
scheduled for City Council consideration at its
May 10, 1982 meeting.
Neal Bergstrom, 11137 Glen Eagles Terrace, Costa
Mesa, Applicant, skated that he talked with
adjacent and surrounding property owners in the
area and has received no objections to the pro-
posed project other than Mr. Novak.
Mr. Clabaugh spoke in rebuttal urging again that
the item be continued until a decision has been
made on the abandonment of the alley.
Mary King, owner of 2920 E. Pacific Coast Highway,
addressed the Council in favor of the project.
Motion
x
Hearing no others wishing to address the Council,
All Ayes
the public hearing was closed.
Motion
x
Sustained decision of Planning Commission, based
All Ayes
on the findings and conditions of approval desig-
nated as Exhibit "A."
•
2. Mayor Pro Tem Hart opened the public hearing per-
Weed Abatm/
taining to WEED ABATEMENT PROGRAM.
Fire
(41)
Report from the Fire Department dated April 12,
1982, was presented.
In response to Council inquiry, Russ Cheek of the
Fire Department advised that approximately 300
notices had been mailed to property owners of
vacant lots, and that last year the City actually
cleared about 50 lots.
Motion
x
Hearing no one wishing to address the Council, the
All Ayes
public hearing was closed.
Motion
x
Adopted Resolution No. 82 -56 ordering the Fire
Res 82 -56
All Ayes
Chief to abate weeds and other public nuisances
existing upon streets, alleys, sidewalks, parkways
and private property within the City.
3. Mayor Pro Tem Hart opened the public hearing
Community
regarding PROPOSED RATE INCREASE FOR 12- CHANNEL
Cblv /CATV
CABLE SERVICE SUBMITTED BY COMMUNITY CABLEVISION.
(42)
Report from the City Manager, was presented.
•
Volume 36 - Page 134
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
Rf11 f CAI I �� April 26. 1982 i.lnry
Tom LaFourcade, President of Community Cablevision,
stated that he was in agreement with the findings
of the staff report and was available for
questions:
Motion
x
Hearing no others wishing to address the Council,
All Ayes
the public hearing; was closed.
Motion
x
Adopted Resolution. No. 82 -57 establishing a rate
Res 82 -57
All Ayes
increase in fees for Community Cablevision as
related to 12- channel service, and amending
Resolution No. 10002.
4. Mayor Pro Tem Hart. opened the public hearing
U/P 1717(A)
regarding CLOSING 21ST PLACE TO VEHICULAR TRAFFIC.
(88)
Report from Public Works, was presented.
The City Clerk advised that after the printing of
the agenda, letters had been received in opposi-
tion to the project from Bank of America and
Eileen Rapp.
The City Clerk further reported Mrs. Rapp had
telephoned the afternoon of April 26, advising
that she would like her letter of opposition with-
drawn, as she was now in support of the project.
The City Manager reported that no protests had
been filed on behalf of the utility companies,
including the City departments such as Water,
Sewer, Fire and Police.
•
A map was displayed showing the proposed street
closure.
Richard Lawrence, Applicant, in response to Coun-
cil inquiry, advised that the dumpaters on 21st
Place will be manually rolled to either end of the
street proposed to be blocked off, and will be
stored within their building. He has received
written support of the project from the owners of
the Stag, Sid's Blue Beet, and Eileen Rapp. The
only opposition he was aware of was from the Bank
of America.
Eileen L. Rapp, owner of 60 feet of property
adjacent to the project, and Sid Soffer, owner of
Sid's B1ue.Beet, 107 -21st Place, spoke in support
of the proposed project.
Motion
x
Hearing no others wishing to address the Council,
All Ayes
the public hearing was closed.
Motion
x
Following comments by staff, Resolution No. 82 -58
Res 82 -58
All Ayes
was adopted authorizing the closure of 21st Place
between Ocean Front. and McFadden Place to vehicu-
lar traffic; directing the City Clerk to record
same with the Orange County Recorder; and directed
the City Attorney to prepare supplemental findings
•
to the subject resolution, clarifying the legali-
ties involved for consideration under the consent
calendar at the next regular meeting.
Volume 36 - Page 135
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
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ROLL CALLS s� 9 April 26, 1982 INDEX
Volume 36 - Page 136
5. Mayor Pro Tem Hart opened the public hearing
15th 6 Bolas/
regarding ASSESSMENT PROJECT= -ALLEY 102D FROM 15TH
Assmt Prj
STREET TO BOLSA AVENUE (C- 23$°$).
C -2327
(38)
Report from Public Works, was presented.
The Director of Public Works pointed out a correc-
tion to Item 7 of the staff report, noting that
the assessments may be paid in cash, or the City
may allow the assessment to be paid over a 10 -year
period at an interest rate of 7% on the unpaid
balance.
Motion
x
Hearing no one wishing to address the Council, the
All Ayes '
public hearing was closed.
Motion
x
Approved construction of the project per the plan,
All Ayes
if the property owners do not commence construc-
tion within the 60 -day period of public notice.
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated except
All Ayes
for those itfms removed:
1. ORDINANCES FOR INTRODUCTION:
Set for public hearing on May 10, 1982:
(a) Ordinance No. 82 -7, being,
Ord 82 -7
Pkg /Coml Veh
•
AN ORDINANCE OF THE CITY OF NEWPORT
(63)
BEACH AMENDING SECTION 12.40.055 OF THE
NEWPORT BEACH MUNICIPAL CODE ENTITLED
"PARKING OF COMMERCIAL VEHICLES IN
RESIDENTIAL DISTRICTS PROHIBITED" TO
APPLY TO OTHER TYPES OF VEHICLES AND
NONMOTORIZED TRAILERS. (Report from the
City Manager)
(b) Removed from the Consent Calendar.
Pass to second reading on May 10, 1982:
(c) Ordinance No. 82 -8, being,
Ord 82 -8
Massage Prl
AN ORDINANCE OF THE CITY OF NEWPORT
(27)
BEACH AMENDING SECTION 5.50.150 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO MASSAGE PARLORS. (Report from the
City Attorney)
(d) Ordinance No. 82 -9, being,
Ord 82 -9
Pkg /Fire Hyd:
AN ORDINANCE OF THE CITY OF NEWPORT
(63)
BEACH ADDING SECTION 12.66.085 TO THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO APPLICATION OF THE CALIFORNIA VEHICLE
CODE AS IT RELATES TO PARKING WITHIN.15
•
FEET OF A FIRE HYDRANT ON PRIVATE ROADS
WITHIN THE CITY AND AUTHORIZING THE
POLICE DEPARTMENT TO CITE AND /OR TOW
VIOLATORS THEREFOR. (Report from City
Attorney)
Volume 36 - Page 136
CITY OF NEWPORT BEACH
C UNCIL ME 8 RS MINUTES
ROLL CALLS �� April 26, 1982
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i IucA
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 82 -59 authorizing the destruc-
Police Dept
tion of certain records in the Police Depart-
Res 82 -59
ment. (Reports from the Police Department and
VO)
City Attorney)
3. CONTRACTS /AGREEMENTS FOR APPROVAL:
(a) Subdivision Agreement guaranteeing completion
Site Plan
of public improvements required with Site
Rev #28
Plan Review No. 28; and authorize the Mayor
(84)
and City Clerk to execute said Agreement.
(Lot 1, Tract No. 443, located at 522 North
Newport Boulevard, on the southerly corner of
North Newport Boulevard and 15th Street, in
the 'Old Newport Boulevard Area ") (Report
from Public Works)
(b) Award Contract No. 2300 to Sully- Miller
Misc Resurf/
Contracting Company for $274,250; authorize
Reconstr
the Mayor and City Clerk to execute the
C -2300
contract; and authorize the Public Works
(38)
Department to negotiate a project change
order in the approximate amount of $50,000 to
'
add the Shorecliffs area to the resurfacing
program. (Miscellaneous Resurfacing and
Reconstruction - Report from Public Works)
(c) Agreement for Geotechnical Inspection Services
Upr Npt Bay/
for the Upper Newport Bay Early Action Plan
EAP S Pilot
•
and Pilot Marsh Restoration Combined Project
(Contract No. 2276); authorize the Mayor and
Marsh RCP
C -2333
City Clerk to execute the subject Agreement.
(38)
(Report from Public Works)
(d) Removed from the Consent Calendar.
(e) Map Checking.. Agreement with County of Orange
O/C Map Chkg
(revised); and authorize Mayor and City Clerk
C -1811
to execute said Agreement. (Report from
(38)
Public Works)
4. COMMUNICATIONS - For referral as indicated:
(a) To the Planning Department for reply, and
U/P 2074
Planning Commission for inclusion in the
(88)
records, statement from Bette J. Estes along
with petition bearing approximately 37 signa-
tures in opposition to video games operation
at 3024 East Pacific Coast Highway, Corona
del Mar (Use Permit #2074 - Hersel Meyers).
(b) To the Planning Department for reply, and
Planning
Planning Commission for inclusion in the
(68)
records, letter from Robert J. Craig, express
ing opposition to proposed expansion of the
St. Andrew's Church.
(c) To the Planning Department for reply, letter
Npt /Bang
from Robert and Frances Tadych regarding
Leaseholds
•
leaseholds in Newport Shores- Banning Ranch.
(68)
Volume 36 - Page 137
CITY OF NEWPORT BEACH
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ROLL CALLS �+� April 26, 1982 INDEX
(d) To the Planning Department for inclusion in
Freeway Resv
the records, letter from Newport Hills Com-
West /Big C'yn
munity Association expressing their Board's
(68)
•
feelings regarding Freeway Reservations West
(Big Canyon) Planned Community, and Park
.
Sites issues.
(e) Removed from the Consent Calendar.
(f) To the License Supervisor, Finance Department
Vending /Bus
for reply, letter from Audrey J. Maratta
(27)
regarding vending services.
(g) To Traffic Affairs Committee for inclusion in
Orchid /PCH'wy
the records, copy of letter to CALTRANS from
Tfk Signal
Corona del Mar Community Association for
(85)
intersection improvement (traffic signal) at
Orchid and Pacific Coast Highway.
5. COMMUNICATIONS - For referral to the City Clerk
for inclusion in the records:
(a) Minutes of the Local Agency Formation Commis-
sion of Orange County for March 24, 1982.
6. CLAIMS FOR DAMAGES - For denial and confirmation
of the City Clerk's referral to the claims adjust-
er:
(a) Paul DeSan for alleged false accusation and
DeSan
arrest by the Police Department, on January
5, 1982.
•
(b) Mary Lou Hilker for alleged personal injuries
Hilker
as a result of difference in sidewalk and
curb levels at Miramar Street /Balboa Boule-
vard, on January 11, 1982.
(c) Joan Jeter for property damage, alleging
Jeter
trash crew took red metal wheelbarrow on
trash day on March 10, 1982, at 1940 Teresita
Lane.
(d) Leslie Pion for personal injuries due to
Pion
alleged unsafe conditions of control signs/
signals at intersection of MacArthur Blvd.
and Ford Road on January 8, 1982.
(e) Application for leave to present late claim
Prechel
of Kristine L. Prechel for personal injuries
sustained on April 15, 1981, alleging danger-
ous and hazardous conditions existing at
intersection of Superior and Placentia Ave-
nues.
7. SUMMONS AND COMPLAINTS - For confirmation of the
City Clerk's referral to the claims adjuster:
(a) Peter Panno for money damages, negligence,
Panno
breach of third party beneficiary contract,
•
preliminary injunction, inverse condemnation,
and trespass to property, Orange County
Municipal Court, Case No. 52250.
Volume 36 - Page 138
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
ROLL CALL �n 'A Anril 26_ 1982 IIunry
8. REQUEST TO FILL PERSONNEL VACANCIES: None.
•
9. STAFF AND COMMISSION REPORTS:
For Council information filing -
and
(a) Removed from the Consent Calendar.
(b) Report from Parks, Beaches and Recreation
CALTRANS
regarding CALTRANS WEST ACQUISITION.
West /Acq
(62)
For Council information and approval -
(c) Removed from the Consent Calendar.
(d) Report from the City Attorney regarding
O'Donnel/
CONFIRMATION OF ATTORNEY ESTIMATES FOR
Gordon
AIRPORT LITIGATION.
C -2331
(38)
(e) Reports from Library Director regarding the
Library
following gilts to the Newport Beach Public
(50)
Library:
1) Anonymous donation of triptych water
color painting valued at $1,750;
2) Former Friends of the Newport Beach
Arts Commission donation of oil painting
valued at $650; and
3) Mr. and Mrs. Roy Freeman's donation
of oil painting valued at $100 - $150
•
(estimated).
10. PUBLIC HEARING SCHEDULING: - Set for public hear-
ing on May 10, 1962:
(a) TENTATIVE MAP OF TRACT NO. 11785 - To con-
Tract 11785
sider a request of the J. M. PETERS COMPANY,
Newport Beach, to subdivide 12.115 acres of
land into seven lots for residential condo-
minium development and three lots for private
street purposes. Property located in Tract
No. 11377, at the southwesterly corner of
Bison Avenue and Belcourt Drive North, in,
Area 7 of the Aeronutronic Ford Planned
Community. (Report from Planning)
11. WESTCLIFF /DOVER DRIVE TRAFFIC MEDIAN LANDSCAPE
WClf /Dvr Dr
DEVELOPMENT (C -2319) - Approve the plans and
Tfk Lndscp
specifications; and authorize the City Clerk to
C -2319
advertise for bids to be opened at 2:00 p.m., on
(38)
May 27, 1982. (Report from Parks, Beaches and
Recreation /Public Works)
12. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10274 -
Tract 10274
Lot 182, Tract No. 2813, located at 2101 and 2121
East Coast Highway and 777 Avocado Avenue on
property bounded by East Coast Highway, Avocado
Avenue, Kewamee Drive and Kahma Drive, adjacent to
•
Irvine Terrace; accept the public improvements
Volume 36 - Page 139
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
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ROLL CALL J'�t+ April 26, 1982 INDEX
constructed in conjunction with Tract No. 10274;
authorize the City Clerk to release the Faithful
Performance Bond (7116355); and the Labor and
•
Material Bond (7116355) in six months, provided no
claims have been filed. (Report from Public
Works)
13. NORTH NEWPORT BOULEVARD DRAINAGE IMPROVEMENTS AT
N /Npt B1 Drug
ORANGE AVENUE AND HOSPITAL ROAD (C -2124) - Affirm
Orng /Hsptl Rd
the Negative Declaration of Environmental Impact;
C -2124
approve the plans and special provisions; and
(38)
authorize the City Clerk to advertise for bids to
be opened at 11:00 a.m., on May 12, 1982. (Report
from Public Works)
14. WATER MAIN REPLACEMENT PROGRAM (C -2221) - Approve
Wtr Main Rpl
the plans and specifications; and authorize the
C -2221
City Clerk to advertise for bids to be opened at
(38)
11:00 a.m., on May 13, 1982. (Report from Public
Works)
15. Removed from the Consent Calendar.
16. APPEAL OF THOMAS AND NAOMI HOOPER FROM DENIAL OF
Curb Cut /Perm
AN APPLICATION TO WIDEN A CURB CUT ON SECOND
Hooper
AVENUE FOR 444 BEGONIA AVENUE - Uphold denial of
(80)
the application. (Report from Public Works)
17. MAINTENANCE DREDGING APPLICATIONS - Approve the
Maint Drdg
following applications in conjunction with condi-
(51)
tions of approval listed in the General Permit
issued to the City by the Army Corps of Engineers:
•
(Report from Marine Department)
110 -1108 Leland Finley /1108 E. Balboa B1.
153 -309 Charles 12. Wickett /309 E. Bay Front
143 -031 Arnel Development Co. /31 Harbor Island
175 -654 Carl Akins /654 Via Lido Nord
225 -1400 City, Newport Beach /Marine Ave. Street-
end
225 -1105 City, Newport Beach /Amethyst & Apolena
Street -end
225 -600 City, Newport Beach /Collins Ave. Street-
end
225 -536 City, Newport Beach /Turquoise Ave.
Street -end
258 -312 City, Newport Beach /Pearl Ave. Street -
end
18. Removed from the Consent Calendar.
19. BUDGET AMENDMENTS: None.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Public Works Department regarding
19th St /RstRm
AWARD OF CONTRACT TO J. H. HEDRICK & COMPANY in
Classrm
the amount of $58,834 for the CONSTRUCTION OF THE
C -2312
19TH STREET RESTROOM AND CLASSROOM; was presented.
(38)
•
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C UNCI� ME B RS
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CITY OF NEWPORT BEACH
Anri] 26. 19R2
MINUTES
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INDEX
A letter from Helen Rinderknecht, received after
19th St /RstRm
the agenda was printed, asking the City Council
Classrm
to reconsider the award of contract for the
subject work, was presented.
It was noted that residents in the area had
objected to the location of the restroom and
classroom.
The City Manager presented a report from the
Director of Parks, Beaches and Recreation, advis-
ing that the project involves the demolition and
reconstruction of an existing restroom and boat
storage facility located at the bayside end of
19th Street. The existing facility is used to
store sabots used in the City's instructional
sailing program. The proposed new construction
will make the rest:rooms accessible to the handi-
capped, as well as include boat storage and a
small area for sailing instruction. The proposed
reconstruction will not further encroach on the
beach area.
It was further pointed out that the location of
the restroom facility is ideal for the swimming
beach located between 18th and 19th Streets. The
19th Street restroom facility will not be used for
public lauching of small boats. Parks, Beaches
and Recreation Department sailing classes will use
an existing dock for an instructional sabot sail-
ing program. The instructional program has been
using the existing 19th Street restroom building
and dock for the past 15 years without problems.
It was indicated by staff that the 19th Street
Restroom project would eliminate an unattractive
restroom facility existing at the site, and
replace it with an attractive well- designed struc-
ture, which will provide public restrooms for a
heavily used beach area. The proposed restroom
facility will not impact existing uses of the 18th
to 19th Street swimming beach and will not in-
crease sailing activity in the area.
Ron Whitley, Director of Parks, Beaches and Recrea
tion, stated that the existing sailing program is
a year -round program. With the addition of a
classroom, students who would normally use the
beach for their sailing lesson will now be brought
into the building, thereby leaving more space on
the beach for other users. The new building will
be no larger than the existing structure.
Motion
x
Motion was made to award the contract to J. H.
Hedrick and Company as recommended, with the
understanding that there would be no intensity of
sailing use at the site.
•
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CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
\CALM ROLL J'n 'A Anril 26. 1982 INDEX
The following persons addressed the Council in
opposition to the restroom and classroom project
at the 19th Street site: Beverly James, represent
•
ing Helen Rinderknecht, 1829 W. Bay Avenue, Tom
Hyance, 217 -19th Street, Nina Harper, 233 719th
Street, Marian Brown, 221 -19th Street, Joseph
Philbrick, 1823 W. Bay Avenue, and Christine
Hutchinson, 210 -19th Street.
In response to Council inquiry, the Director of
Parks, Beaches and Recreation, stated that the
existing sailing program at the subject location
utilizes the dock space and does not encroach
upon the beach area. To relocate the program, as
well as the restroom, is a complex problem which
has been ,studied for several years. In his opin-
ion, there was no other location that could
accommodate the program and restroom facility as
well, due to the public parking and dock space.
Motion
x
Substitute motion was made to refer the subject
Ayes
x
x
x
x
item to the Parks, Beaches and Recreation Commis -
Noes
x
sion for alternatives as to other site locations.
Motion
x
Motion was made to reject all bids for the 19th
All Ayes
Street Restroom and Classroom.
2. LETTER FROM JOHN MACNAB REGARDING JOHN WAYNE
John Wayne
SCULPTURE, was presented.
Sculpture
(24)
Motion
x
Following comments by Council Member Plummer,
Ayes
motion was made to authorize the release of donat-
ed funds presently held by the City to be paid to
the sculptor, Chris Matson.
3. Proposed Ordinance, AMENDING CHAPTER 20.73 OF THE
Condo /Zoning
NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO
(94)
RESIDENTIAL CONDOMINIUM PROJECTS, was presented.
Motion
x
Motion was made to schedule the public hearing on
the foregoing ordinance for June 14, 1982, in
order to allow for additional time for public
notification.
Barnett Larks, 1901 Beryl Lane, representing the
Friends of the Oasis, addressed the Council in
support of the motion.
All Ayes
The motion was voted on, and carried.
4. A letter from Morriss and Alice Cusick regarding
19th St /RstRm
opposition to the proposed project to enlarge
Classrm
the PUBLIC RF.STROOM AND STORAGE ROOM AT 19TH
C -2312
STREET PUBLIC BEACH, was presented.
(38)
Motion
x
In view of the Council's action taken earlier in
Al I Aye a
the meeting, the subject letter was referred to
the Public Works Department for reply.
•
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CITY OF NEWPORT BEACH
C U ME B RS MINUTES
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;?nl I rAI I Sn .A Anril 26. 1982 ......
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mv n
5. Report from the Traffic Affairs Committee regard-
Tfk Sgnl /Bal
ing a PROPOSED FOUR -WAY STOP AT BALBOA AND 15TH
15th St
STREET, was presented.
(85)
•
Richard Park, 1128 Ocean Front, representing the
Central Newport Beach Community Association, ad-
dressed the Council in favor of a signal at the
subject location, rather than a four -way stop. He
indicated he did not feel a four -way stop would be
"worthwhile" as a temporary measure.
Frank Hughes, 1521. Ocean Front, spoke in support
of a signal at 15th and Balboa, but stated he felt
a four -way stop sign was acceptable to the resi-
dents if a signal was not approved by the Council.
It was pointed out that the Council would be con-
sidering the proposed traffic signal during review
of the Capital Improvement items on June 14, and
that public input could be made at that time. It
was further noted that if a signal were approved,
it would be four to five months before installa-
tion.
Motion
x
Received and filed the subject report, with the
All Ayes
understanding that said report be recycled and
considered with Capital Improvement items on June
14.
6. Report from Parks, Beaches and Recreation regard-
Mouth Big
ing MOUTH OF BIG CANYON PARK CREDITS, was pre-
Canyon /Prk
sented.
(62)
on
x
Following clarification of the recommendation as
to the four acres of park credit, motion was made
to approve said recommendation as set forth in the
subject report.
Mayor Pro Tem Hart stated that the Mouth of Big
Canyon is zoned Recreational Open Space. In her
opinion, the land was a desirable piece of proper-
ty, and she would like Council to consider its
acquisition. She ;felt this item should have
thorough study prior to action, which could in-
elude an appraisal of the property.
Richard Sims, representing The Irvine Company,
addressed the Council stating that they were
prepared to support the staff's recommendation
with one clarification. They would like the Coun-
cil to consider applying the park credits to
Newport Center and Big Canyon Planned Community
District instead of limiting the credits to those
parcels recommended by staff.
Following discussion, Council Member Hummel with-
drew his motion.
Motion
x
Motion was made to approve the recommendation as
set forth in the staff report.
n
x
Substitute motion was made to defer this item to
A Ayes
May 24, 1982.
Volume 36 - Page 143.
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ROLL CALL u'�+
CITY OF NEWPORT BEACH
April 26 1982
MINUTES
'
INDEX
7. APPLICATION OF ROBERT AND KATHLEEN TWETER TO
Encroachmt/
•
ENCROACH ONE FOOT INTO THE PUBLIC RIGHT -OF -WAY ON
SECOND AVENUE AT 500 AVOCADO AVENUE WITH RETAINING
Tweter
(65)
WALL EXCEEDING THREE FEET IN HEIGHT, with report
from Public Works, was presented.
Robert Tweter, 500 Avocado Avenue, Applicant,
addressed the Council in support of his appeal. He
stated that the four -foot wall was needed, as it
was their desire to move the primary entryway from
the front of the house to the side of the house.
The encroachment of one -foot onto Second Avenue
was not their initial intent as indicated in their
building permit application. However, their re-
taining wall contractor admittingly made an error
in the initial construction. They feel the
precedent for a one -foot encroachment has been
set, inasmuch as another such wall, which exceeds
the required height limit, exists at 600 Avocado
Avenue, one block to the north. He felt his
request was justified and fair,and urged approval.
Motion
x
All Ayes
Upheld the decision of the Public Works Depart -
ment, and denied the application as recommended.
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS:
1. Report from the Planning Department regarding
Kings Rd/
PETITION FROM "SAVE OUR NEIGHBORHOOD" requesting a
Height Lmt
moratorium on the construction of residences 1
(68)
.
along the bluff side of Kings Road, and an amend-
ment to the Municipal Code, Section 20.02.030A,
regarding residential height limitations, was pre-
sented.
Report from the City Attorney regarding height
restrictions on Kings Road - opinion and proce-
dures for imposition of moratorium, was presented.
-
. The City Clerk reported that after the printing
of the agenda, a petition had been received,
signed by 88 residents on the Bluff side of Kings
Road and Kings Place, requesting the Council not
reopen the issue, as requested by Save Our Neigh-
forhood Organization.
In addition, a letter was received from Ronald
Brown, Attorney representing Save Our Neighborhood
Organization, requesting this item be continued
to May 10, 1982.
Barbara Luther(500 Kings Road) and Robert Eschbach
(510 Kings Road) spoke in support of continuing
this item to May 10, 1982. They felt a full
Council should be present when this item is to be
considered, and they would prefer to be repre-
sented by their legal counsel at that time.
•
Volume 36 - Page 144
COUNCIL MEMB RS
ROLL CALL
0
Motion
Ayes
Noes
Motion
All Ayes
Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
April 26. 1982
INDEX
U/P 1717(A)
(88)
Park Lido/
Tfk Study
U/P 2021(88)
The following persons addressed the Council and
urged that the subject issue not be reopened:
Robert Cecka, 1401 Kings Road, Lori Miller, 128
Kings Place, and Warren Howland, 311 Kings Road.
x
Received and filed reports from Planning Depart -
x
x
x
x
ment and City Attorney, and staff to notify Cliff
x
Haven Homeowners Association of said action.
It was indicated that if the Cliff Haven Home-
owners Association was desirous of having the
City Council reconsider this item, then it should
be brought to the attenion of the Council.
K. ADDITIONAL BUSINESS:
1. A report from Public Works regarding the ENCROACH-
MENT AGREEMENT AND DECLARATION OF COVENANTS FOR
NONSTANDARD IMPROVEMENTS IN THE PUBLIC RIGHT -OF-
WAY ALONG MCFADDEN PLACE, OCEAN FRONT, AND 21ST
PLACE (USE PERMIT 1717 AMENDED), was presented.
x
Motion was made to approve the Encroachment Agree-
ment for nonstandard improvements with Richard
Lawrence, and authorize the Mayor and City Clerk
to execute said agreement, with the provision
that the surety agreement entered into on April
20, 1982, apply also to subject improvements with
a deadline of June: 1 for sidewalk improvements on
Ocean Front and McFadden, and June 30 deadline
for mall improvements on 21st Place and the alley.
Richard Lawrence, Applicant, stated that he was
in agreement with the deadline dates for comple-
tion, as recommended by the City Attorney and
Director of Public Works.
The motion was voted on, and carried.
x
2. Scheduled the Park Lido Traffic Study for public
hearing on May 24, 1982.
Meeting adjourned at 11:00 p.m.
Mayor FV Tem
ATTEST-
"
C rt y Clerk
Volume 36 —Page 145
INDEX
U/P 1717(A)
(88)
Park Lido/
Tfk Study
U/P 2021(88)