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HomeMy WebLinkAbout05/14/1979 - Regular MeetingCOUNCILMEN ROLL CALL J' CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:00 P.M. Date: May 14, 1979 MINUTES INDEX of sent x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Regular Meeting All Ayes of April 23, 1979 was waived, and the Minutes were approved as written and ordered filed. 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. Due to the time stated in the hearing notices that hearings would begin at 7:30 p.m., the regular order of the Agenda was changed in order to comply with the time stated in the hearing notices. F. CONTINUED BUSINESS: 2. A report was presented from the Parks, Beaches and Ensign Recreation Commission regarding the naming of the Vw Pk /Npt facility in Ensign View Park. Theatre arts (1294) R. H. Spooner addressed the Council regarding Ensign View Park. Motion x The recommendations of the Parks, Beaches and All Ayes Recreation Commission and the City Arts Commis- sion to name the facility the "Newport Theatre Arts Center" was confirmed. • 3. A report was presented from the Councilmanic Councilmanic Redistricting Committee with two proposed redis- Redistricting tricting maps for Council consideration. (513) Motion x Option "A" was approved; and the staff was directed Ayes x x x x x x to prepare the necessary ordinance. Noes x 4. A letter from Paul Shapiro requesting City Council Shapiro reconsider the action taken on April 9, 1979 denying Appeal Resubdivision No. 621; and a later letter dated (3227) May 10, 1979 asking that his request be withdrawn were presented. Motion x The matter was removed in compliance with the All Ayes request of the applicant. G. CURRENT BUSINESS: 4. A report was presented from the Public Works Npt Center Department regarding the Construction of Pumper Fire Stn Test Pit at Newport Center Fire Station, Contract Pumper Test No. 2069. Pit (3217) Motion x The one bid received from Savala Construction on All Ayes April 30, 1979 was rejected. I i i i i Volume 33 -Page 111 CITY OF NEWPORT BEACH COUNCILMEN 3�'P C� �O y9G22 ROLL CALL MINUTES INDEX • 5. A report was presented from the Marine Department Boat regarding a request by the Boy Scouts of America to Storage moor their vessel, "Argus," at the Rhine Wharf Park. (1212) Motion x The request was approved, subject to the conditions All Ayes of approval listed in the staff report. 3. A report was presented from the City Manager Council regarding suggested amendments to Council Policy Policy I -5 in connection with the use of Parks, Beaches and (430F) Recreation facilities. Motion x The amendments to Council Policy 1 -5, "Use, Ayes x x x x x x Priorities and Fees for Facilities and Equipment" Noes x were adopted. The remaining items on the Agenda proceeded in their proper order. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding Gold the appeal of Philip J. Gold, Corona del Mar, from Appeal the decision of the Planning Commission on April 5, (3248) 1979, approving Use Permit No. 1108 (Amended), a request of the California Institute of Technology, Pasadena, to amend a previously approved use • permit which permitted the rehabilitation and addi- tion of six apartment units to the existing noncon- forming Kerckhoff Marine Laboratory, and consideration of an Environmental Document, on property located at 101 Dahlia Avenue, Corona del Mar, zoned R -3. A report was presented from the Community Devel- opment Department. The appeal application and a letter from Philip J. Gold was presented. A letter opposing Use Permit No. 1108 from Charles W. and Doris B. Masters was presented. Dr. Wheeler North, Professor of Environmental Science, California Institute of Technology, addressed the Council and presented a letter in support of Use Permit No. 1108 signed by Leone and Norman Kendall, Mrs. Neal D. Ramsey and Margo Taylor. Staff reports regarding soil stability and grading requirements were given by Bobby Fowler, Chief Building Official, and Fred Talarico, Environmental Coordinator. The following people addressed the Council in opposition to the Use Permit: Philip Gold and Julia Gold. Motion xj Mrs. Gold was granted two more minutes for her All Ayes presentation. i Volume 33 - Page 112 CITY OF NEWPORT BEACH COUNtM N E MINUTES y�y i�0 y9G22 ROLL CALL INDEX �tion x Mayor Ryckoff made a motion to sustain the decision of the Planning Commission including the new wording in Condition No. 2 to read as follows: "That the grading plans and retaining wall plans shall be in accordance with the requirements of the Grading Engineer and the Public Works Department. The slopes shown on the approved plan are accepted with the following condition: The cut slope exposes only cemented sandstone materials. Other materials will require installation of retaining structures and /or reduction of slope ratio to two horizontal to one vertical." Councilman Strauss asked that a modification to Condition No. 5 be included to limit the length of time the use permit would be in effect to two years at which time it should come back to Council for review, which condition was accepted by the maker of the motion. Ayes x x x x x x A vote was taken on Mayor Ryckoff's motion, which Abstain x motion carried. 2. Mayor Ryckoff opened the public hearing regarding Resub 624 Resubdivision No. 624, a request of Virginia Dey to (3245) create one parcel of land to permit the conversion of an existing triplex into a three —unit residential condominium complex, located at 111 Via Lido Nord • on Lido Isle; referred to the City Council by the Planning Commission with no recommendations. A report was presented from the Community Devel- opment Department. John Dryden, representing the applicant Virginia Dey, addressed the Council requesting that the Council approve Resubdivision No. 624 subject to the conditions set forth by the staff in their report of April 5,1979 which was submitted to the Planning Commission. Motion x The hearing was continued to August 13, 1979, which All Ayes was agreeable to the applicant. John Dryden addressed the Council stating that the applicant was in full compliance with all known ordinances requiring the number of garage spaces per dwelling unit. 3. Mayor Ryckoff opened the public hearing regarding Family/ Ordinance No. 1804, being, Dwelling Unit 0 -1804 AN ORDINANCE OF THE CITY OF NEW- (685) PORT BEACH AMENDING SECTION 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE TO REDEFINE THE TERM "DWELLING UNIT" AND AMENDING • i SECTION 20.87.180 OF THE NEWPORT BEACH MUNICIPAL CODE TO REDEFINE i THE TERM "FAMILY," i Volume 33 - Page 113 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yGy f 'P�y�s�i'n F 9O�yGS2� F tr ROLL CALL p na ., ti, io�o INDEX • Planning Commission Amendment No. 525, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20.87 of the Newport Beach Municipal Code as it applies to the definitions of the terms "Dwelling Unit" and "Family." A report was presented from the Community Devel- opment Department. A letter from Lawrence H. Rouillard, Episcopal Chaplain to UCI opposing the ordinance was presented. The following people addressed the Council opposing a change in the number of people limited to a "family ": Stephanie Smith, Director of the Munici- pal Lobby and representing the Associated Students, UCI; Cas Champion; Dave Carter; Don MacDougall, a staff member of the Orange County Renters Association; Ronald Kennedy of the Corona del Mar Civic Association and Sid Soffer. Motion x Miss Smith was granted one and one -half additional Ayes x x x x x minutes for her presentation. Noes x x Community Development Director, Richard Hogan gave a staff report on "Dwelling Units." l 0tion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x Ordinance No. 1804 was adopted. Ayes x x x x Noes x x x 4. Mayor Ryckoff opened the public hearing regarding Tract 10625 a request of The Irvine Company, Newport Beach, to consider a Traffic Study for a proposed subdivision, Harbor Point, containing twenty -one single - family residential lots AND Tentative Map of Tract 10625, a request to subdivide 12.97 acres into twenty -one numbered lots for single - family residential develop- ment, one lettered lot for private street purposes, and one lettered lot for landscape open space. Said request also includes the extension of San Miguel Drive and the consideration of an Environmental Document; on property located at 1401 San Miguel Drive, between MacArthur Boulevard and the pro- posed extension of San Miguel Drive, southwesterly of Roger's Gardens; zoned R —A, R -1 —B, and P —C. A report and supplemental report on the Traffic Study were presented from the Community Develop - ment Department. i I Volume 33 - Page 114 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9 l o C+yy9 � .: 9 2 ROLL CALL yes Mnv 14_ Ig79 INDEX Keith Greer, representing The Irvine Company, addressed the Council and requested ten minutes for his presentation. Motion x Mr. Greer was granted ten minutes for his presenta- All Ayes tion. The following people addressed the Council in favor of Tract 10625 and the proposed extension of San Miguel Drive; E. P. Benson; Dan Rogers; and Bill Lillis. The following people addressed the Council opposing the extension of San Miguel Drive: Dr. Robert Rosenberg; Philip Arst, President of the Broadmoor Hills Community Association, who presented a letter to Council; Ted Carpenter, President of the Harbor View- Broadmoor Community Association; Jean Morris, Vice President of the Harbor View Home- owners Association; Bob Bise, representing the Newport Hills Community Association, who urged The Irvine Company to work for the passage and approval of the San Joaquin Hills Corridor. Motion x Mr. Arst was granted two more minutes for his All Ayes presentation. Keith Greer addressed the Council and stated that the extension of San Miguel Drive was based on the need which will be created by future projects that will come before the City in the next three or four years; and that landscape projects have been planned to reduce the noise factor. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The Environmental Document was accepted; and Ayes x x x x x Tract No. 10625 was approved, subject to the Noes x x following findings and conditions recommended by the Planning Commission as modified by Council: FINDINGS FOR THE TRAFFIC STUDY: 1. That a Traffic Study has been prepared which analyzes the impact of the proposed project on the peak hour traffic and circulation system in accordance with Chapter 15.40 of the Newport Beach Municipal Code. 2. That the Traffic Study indicates that the project - generated traffic will be greater than one percent of existing traffic during the 2.5 hour peak period on any leg of the intersection of San Joaquin Hills Road and MacArthur Boulevard. I Volume 33 - Page 115 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �o S9e2 F s ROLL CALL �s'� 9s� INDEX 3. That the Traffic Study indicates that the • project - generated traffic will neither cause nor make worse an unsatisfactory level of traffic service on any "major," "primary - modified" or "primary" street. FINDINGS FOR TRACT NO. 10625: 1. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans, and the Planning Commission is satisfied with the plan of subdivision. 2. That the proposed resubdivision presents no problems from a planning standpoint. 3. That the site is physically suitable for the type of development proposed. 4. That the site is physically suitable for the proposed density of development. 5. That an Initial Study and Negative Declaration have been prepared in compliance with the California Environmental Quality Act, and that their Contents have been considered in the decisions on this project. • 6. That based on the information contained in the Negative Declaration, the project incorporates sufficient mitigation measures to reduce potentially- significant environmental effects, and that the project will not result in signif- icant environmental impacts. 7. That the design of the subdivision or the proposed improvements will not substantially and avoidably injure fish or wildlife or their habitat. 8. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 9. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 10. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (com- mencing with Section 1300) of the Water Code. i I Volume 33 - Page 116 CITY OF NEWPORT BEACH COUNCILMEN MINUTES C C 9Ti TyF SS �� ROLL CALL d' 9 nRnv is io7o INDEX • 11. The project is defined as the subdivision of 12.97 acres into numbered lots for single family residential developments, one lettered lot for private street purposes; one lettered lot for landscape open space. 12. The proposed site has very poor traffic ingress /egress capabilities due to the design of the surrounding road system. The proposed single family residential development is the highest density usage which this site can accommodate. CONDITIONS: 1. That a tract map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That Section 19.16.030 of the Subdivision Ordinance be waived provided that drawings of the tract map at a scale of I" = 100' are provided to the Public Works Department. 4. That vehicular access to Lot 21 be limited to one driveway approach on San Miguel Drive. This driveway approach shall be limited to • right -turn in and out only. The location of the driveway approach shall be subject to further study and approval of the Public Works and Community Development Departments prior to filing of the tract map. The driveway approach location shall be located as far away froin MacArthur Boulevard as possible. 5. That all vehicular access rights to MacArthur Boulevard, except at the public street intersec- tion, be released and relinquished to the City. 6. That the remaining street improvements along the easterly side of MacArthur Boulevard frontage adjacent to the tract be completed including a ten - foot -wide sidewalk -bike trail. 7. Developer is to bond for the completion of San Miguel at such time as the City Council declares it is needed. Alternatively, developers bonding obligation may be waived if developer applies the same amount of funding to more critically needed projects as defined by the Council. S. That all vehicular access rights to San Miguel i Drive, except for two private drive openings and the public street intersection, be released • and relinquished to the City. I iVolume i I 33 - Page 117 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL Mav 14 _ 1979 INDEX • 9. That the noise impact from MacArthur Boule- vard and San Miguel Drive be considered and that the dwelling units be designed to provide for sound attenuation in accordance with the requirements of law and the recommendation of a qualified acoustical engineer. Specifical- ly, that acoustical attenuation devices be included in final project design as described in Mitigation Measure 11 of the Initial Study and that a higher barrier be erected, if requested unanimously by the residents of Lots 3, 4 and 5. 10. That the design of the private streets conform with the City's private street policy. 11. That the structural section of the private streets and drives be designed in accordance with standard civil engineering practice. The design will be approved and the construction inspected by the Public Works Department. The standard plan check and inspection fee shall be paid. 12. That the private streets shall have a street light system approved by the Public Works Department. • 13. That the California Vehicle Code be enforced on the private streets. 14. That a traffic control plan shall be submitted and approved by the City's Traffic Engineer. 15. That if it is desired to have a control gate on the entrance off San Miguel Drive, a turn- around shall be provided prior to the gate. The design of the controlled entrance shall be reviewed and approved by the Public Works and Community Development Departments. 16. That a ten - foot -wide sidewalk -bike trail be provided on the northerly side of San Miguel Drive. 17. San Miguel Drive may be extended only from its present terminus to the entrance of Harbor Point as shown on Tentative Tract Map No. 10625. The width of this extension is to be sufficient to provide for two lanes of traffic and a bicycle lane but is to be no greater than 30 feet. No median strip is to be added at the present time. 18. That the water capital improvement acreage fees be paid. i I Volume 33 -Page 118 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ��P C� �o y9G22 C 9�i T �,p ms mod, ROLL CALL INDEX 19. That storage capacity in San Joaquin Reser- voir equal to one maximum day's demand be dedicated to the City. 20. That easements for ingress, egress and public utility purposes on Lot "A" be dedicated to the City. 21. That three - foot -wide easements for public utility purposes adjacent to Lot "A" be dedicated to the City. 22. That a subdivision agreement and accompany- ing surety be provided if it is desired to record the final tract map prior to com- pletion of the public improvements. 23. That all work within the MacArthur Boule- vard right -of -way be done under an encroach- ment permit issued by the California Department of Transportation. 24. That sight distance for the bike trail along . the westerly side of San Miguel Drive be provided for the future driveway approach for Roger's Gardens. 25. That on -site fire hydrants be provided as • required by the Public Works Department and the Fire Department. 26. That Fire Department access shall be approved by the Fire Department. 27. A landscape and irrigation plan for all com- mon areas shall be prepared by a licensed landscape architect. Said plan shall include a maintenance program which controls the use of organphosphates and pesticides. 28. That the landscape plan shall place heavy emphasis on the use of drought- resistant vegetation. 29. That planting be done on any exposed slopes as soon as possible to reduce erosion potential. Prior to the occupancy of any dwelling unit, the licensed landscape archi- tect shall certify to the Department of Community Development that the land- scaping has been installed in accordance with the proposed plan. 30. Development of the site will be subject to a grading permit to be approved by the Depart- ment of Community Development. Surface and subsurface drainage shall be provided to the satisfaction of the Community Develop - ment Department and the Public Works Department. i I Volume 33 - Page 119 ROLL 4 CITY OF NEWPORT BEACH COUNCILMEN MINUTES %y C+ O'LGZi 93 TF.pstP � CALL s' May 14, 1979 INDEX 30. Development of the site will be subject to a j grading permit to be approved by the Depart- ment of Community Development. Surface and subsurface drainage shall be provided to the satisfaction of the Community Development Department and the Public Works Department. 31. An erosion and dust control plan shall be submitted with the grading permit appli- cation and be subject to the approval of the Community Development Department. 32. That drainage along MacArthur Boulevard adjacent to the tract be improved in conjunc- tion with tract grading; if grading and drainage are to be accomplished as a precise plan, this should be accomplished prior to finalization of the grading plan. 33. That a lined brow ditch(es) be provided on off -site areas where cuts are proposed on the tract, and in accordance with the precise grading plan to be approved by the Com- munity Development Department. 34. That a detailed geotechnical report be prepared prior to approval of the final tract map and before finalization of a grading plan, ' subject to the approval of the Public Works Department and Community Development Department. 35. That an erosion and siltation control plan be approved by the California Regional Water Quality Control Board -Santa Ana Region, and that the plan be submitted to said Board ten days prior to any construction activities. 36. That the applicant provide for street sweep- ing services for all non - dedicated streets equal to that service provided by the City for residential area streets. 37. That in order to retain the physical integrity of midden deposits during grading activities, that Mitigation Measures 4, 5 and 6 as described in the Initial Study be observed during construction of the project. 38. That prior to the issuance of building permits it be demonstrated to the satisfaction of the Community Development Director that energy conservation measures described as Mitigation Measures 13, 14 and 15 in the Initial Study have been considered in project design. 1� I i i Volume 33 - Page 120 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL d' M,,, is ia7o INDEX • 39. That appropriate deed restriction(s) subject to the approval of the City Attorney and Director of Community Development be placed on Lot 21 as shown on Tentative Tract No. 10625 to inform any potential purchaser(s) of high noise levels and access restrictions on this site. 40. That the applicant provide assurance in a manner acceptable to the City. Attorney and Director of Community Development that the off -site desilting basin will be retained or should any development of the desilting basin site occur, a basin of equal or greater capacity will be provided. 41. That all pad elevations shall be depicted on the subdivision map or lower. 42. That the height of all landscape materials shall not exceed a height of twenty -nine feet (299 above pad elevation or the ridge of the dwelling, whichever is lower. 43. That prior to the recordation of the Final Map the applicant shall deposit with the City an In -Lieu Park Fee in an amount as • determined by the City Council in accordance with Section 19.50.070 of the Newport Beach Municipal Code. 44. That additional traffic phasing studies be made between the Planning Commission meeting of April 5, 1979 and the City Council meeting of April 9, 1979, by the applicant, concurrent with continued work on this appli- cation. 45. That a pedestrian gate be added to the proposed wall for pedestrians and children to get from Salt Air Circle onto San Miguel Drive, to be placed at the end of Island View Drive. 46. That Lot 21 be designated as not a buildable lot. 47. That a five foot textured block wall be constructed in Lot C of Tract No. 6385 parallel to Salt Air Drive for the entire distance between Lots 15 and 49 of Tract No. 6385. Said textured block wall shall connect to the eight foot barrier adjacent to Lot 49, Tract No. 6385, and shall connect to the rear l wall on Lot 15, Tract No. 6385. The base of the five foot textured block wall shall be con- structed at grade with the top of curb on Salt Air Drive adjacent to Lot C of Tract No. 6385. I i i i I Volume 33 - Page 121 CITY OF NEWPORT BEACH COUNCILMEN MINUTES S' Gy C C+9� i 9�0 3 c. F9 s wni i cni i �' .,_.. ,,. ," INDEX • 48. That a street lighting plan for San Miguel Drive be submitted to the Broadmoor Hills Community Association Board of Directors for review and comment and to the Director of Community Development for the City of Newport Beach for approval prior to the issuance of building permits for residential dwellings within Tentative Tract No. 10625. Said streets lighting plan shall include con- sideration of provisions for minimizing the intrusion of peripheral street lighting into the existing homes easterly of Tentative Tract No. 10625. 49. That the Covenants, Conditions, and Restrictions recorded for Tentative Tract No. 10625 shall require the pruning of trees on individual Lots 1 - 21 to limit the growth of said trees to the height of the building ridge line for each residential dwelling. 50. No construction shall be permitted on Lot 21 without the approval of the Broadmoor Hills Community Association as to view plane preservation and related impacts. Mayor Pro Tern Williams made the following state- ment: "What this does, in effect, is to ask the • Council to approve the homes and necessary access to those homes via San Miguel Drive and delay at this time the proposal to extend San Miguel across MacArthur to Avocado and yet provides the funds to be made available at such time as needed or for other projects that are needed sooner if that can be accomplished." 5. Mayor Ryckoff opened the public hearing and City Use Permit Council review of Use Permit No. 1053, a request of 1053 lk Yves Briee and Yvan Humbert, Newport Beach, to Resub 623 amend a previously approved use permit permitting (3247) the establishment of a restaurant facility with on- sale alcoholic beverages on site. The proposed development includes live entertainment and the expansion of the dining areas within the existing Le Biarritz restaurant, on property located at 414 North Newport Boulevard, on the northeasterly corner of North Newport Boulevard and Westminster Avenue, zoned C -1. AND Resubdivision No. 623, a request of Yves Briee and Yvan Humbert, Newport Beach, to establish one building site and eliminate an interior lot line where two lots now exist to permit the expansion of the existing LeBiarritz restaurant facility. i i I Volume 33 - Page 122 :ALL r MA 4 M A A CITY OF NEWPORT BEACH COUNCILMEN MINUTES CALL �o s INDEX ' A report was presented from the Community Devel- opment Department. Letters opposing Use Permit No. 1053 and Resub- division No. 623 from Margaret R. Chapman and Thomas G. and Lu Anne Baker were presented. Councilman Hart presented a petition bearing 20 signatures of the residents in the area. )tion x Councilman Hart made a motion to modify the decision of the Planning Commission to have the applicant acquire the needed off —site parking across old Newport Boulevard, subject to the conditions recommended by the Planning Commission. The following people addressed the Council regarding the parking problems: Don Cots and LuAnne Baker, who submitted a letter from Renie K. Espe. The following people addressed the Council in favor of the Use Permit and Resubdivision: Brion Jeannette, the architect for the proposed recon- struction, who submitted a letter from Hal Pinchin of the Newport Harbor —Costa Mesa Board of Realtors agreeing to the use of their parking lot by the restaurant; and Hal Pinchin, who stated as a ' private citizen he was very much in favor of the proposed reconstruction of the restaurant, but that the Board of Realtors had not as yet agreed to the use of their parking facilities, but were meeting the next morning and the matter would be considered. Tom Baker addressed the Council objecting to any outside amplification of entertainment at the res- taurant as well as the ingress or egress into Westminster Avenue. Brion Jeannette addressed the Council regarding the use of Westminster Avenue for ingress and egress and replied to questions by Council. Councilman Hart agreed to amend her motion to direct the applicant to work with staff on closing the entrance /exit on Westminster Avenue. Councilman Hart agreed to amend her motion to direct the applicant to work with staff on the ingress /egress from the on -site parking lot onto Westminster Avenue. otion x The hearing was closed after it was decided no one 11 Ayes else desired to be heard. 11 Ayes A vote was taken on Councilman Hart's motion, ' which motion carried. I i i Volume 33 - Page 123 ROLL 1 L CITY OF NEWPORT BEACH COUNCILMEN MINUTES F s cai RAC.. ill :ono INDEX JF. CONTINUED BUSINESS: 1. A report dated March 8, 1979, was presented from Traffic Councilman Heather and McInnis regarding the Solutions Positive Traffic Solutions Program. (3261) Reports from members of the Council and staff in conjunction with the original report were presented. Mayor Ryckoff proposed that each councilman discuss their own section as they wish, either with or without a motion, and that the motions be specific as to what was different from the existing Circulation Element or different from the stated Council position; or, in other words, to specify what is different from what is currently going on. Public Works Director Ben Nolan gave a report regarding "Immediate Improvements" and stated the staff report prepared mainly by Richard Edmonston, the Traffic Engineer, enumerated traffic projects which are in either the planning or implementation stage in connection with traffic signal and channel - ization improvements. lotion x Councilman Heather made a motion to direct the X11 Ayes staff to proceed as rapidly as possible with the traffic signal and channelization improvements described, and to identify and initiate other similar short -range projects which can provide near term traffic benefits, which motion carried. Councilman McInnis discussed the traffic problems along the Pacific Coast Highway in Corona del Mar including the elimination of parking along the highway as part of the "Intermediate Range Improvements." Aotion x Councilman McInnis made a motion to direct the staff to report back on May 29 with alternative methods for determining community consensus regarding the acceptability of parking restrictions during peak hours on Coast Highway in Corona del Mar. The following people addressed the Council opposing parking restrictions along the highway stating the result would be hazardous to pedestrians or vehicles trying to enter the flow of traffic from the side streets: Luvena Hayton, President of the Corona del Mar Chamber of Commerce; Jeff Schulein; Al Jobe; and Gordon West, President of the Newport Beach Chamber of Commerce, who gave a report on a traffic survey recently mailed to residents. Motion x A vote was taken on Councilman McInnis' motion, Ayes x x I x x which motion carried. iMayor Ryckoff stated for the record: "I voted "no" i on that motion, since i feel it is an exercise in futility on a position on which the answer is already known." Volume 33 - Page 124 I CITY OF NEWPORT BEACH COUNCILMEN MINUTES spy 'A C) 4i3� 0� 1 ys22/ t^ N ROLL CALL 3s'� 9 May 14, 1979 INDFx • Councilman McInnis' second recommendation re- garding Pacific Coast Highway traffic from Mac- Arthur Boulevard to Bayside Drive was in connection with the FAU widening project. He stated that differences might occur, and the City should hold itself in a position to solve those problems as quickly as they arise. No motion was needed for this recommendation. Councilman McInnis' third recommendation regard- ing the use of the City -owned lot in Mariner's Mile as an off - street parking area was that it will be necessary to gain access to the lot, to pave it and get it ready for parking. Motion x Councilman McInnis made a motion to authorize the staff to move out immediately and to determine what is required to get access to the lot, how much that would cost, how much the improvements would cost, and bring back to Council for consideration. Mayor Pro Tem Williams asked that the motion be amended to include the source of funds and subject acquisition which was accepted by the maker of the motion. All Ayes A vote was taken on Councilman McInnis' amended motion, which motion carried. • Councilman McInnis' fourth recommendation con- cerned the program beginning in Huntington Beach for the widening of Coast Highway in the westerly _ part of the City. The highway bridge over the Santa Ana River will be the key element, which will take a consensus and an agreement between many agencies; such as, The City of Newport Beach, the City of Huntington Beach, the Orange County Flood Control District, the Corps of Engineers, etc. Motion x Councilman McInnis made a motion to direct the All Ayes staff to begin the coordination of the agencies involved with the intent of arriving at a configura- tion regarding a height and location of the bridge within the next few months, which motion carried. Councilman McInnis' last recommendation concerned Motion x University Drive, and he made a motion that an appropriation of $15,000 be included in the 1979 -80 Budget for a focused traffic report on the University Drive- Corona del Mar Freeway - Bristol Street- Irvine Avenue - Jamboree Road complex. Motion x Mayor Ryckoff made a substitute motion to approve Ayes x x x x x a lower amount of $10,000.00 for a traffic report for Noes x x the Corona del Mar Freeway - Bristol Street corridor to meet trans -bay circulation needs, intersection operations and congestion, impacts on nearby • arterial streets, and effects if the Corona del Mar iFreeway is not implemented, which motion carried. i i Volume 33 - Page 125 ROLL COUNCILMEN A`�� S p�9S9G2'I'i F� s CALL E Motion All Aye Motion All Aye • Motion Ayes Noes • CITY OF NEWPORT BEACH MINUTES Mav 14. 1979 INDEX Councilman Williams discussed San Joaquin Hills Road at Jamboree and the free right hand turn project behind the Texaco station under the Intermediate Range Improvements. It was agreed by Council to direct the staff to prepare a drawing for the Council's information showing channelization, turn lanes, merges, etc. x The balance of the Traffic Solutions Program s reports were to be continued on May 29, 1979 and adjourned to a meeting on the 30th or 31st if necessary. G. CURRENT BUSINESS: i. A report was presented from Mayor Ryckoff regard- Traffic ing traffic generating factors. Generating Factors x This item was continued to May 29, 1979. (3262) s 2. A petition bearing 37 signatures asking that Council Curb Cut/ reconsider its action taken on February 26, 1979 2901 Ocean approving a 25—ft. —wide driveway and curb cut at Blvd CdM 2901 Ocean Boulevard in Corona del Mar was (3180) presented. Dick Dodd, architect for Mr. and Mrs. Darwin Britvich, addressed the Council and stated that his clients did not want the item reconsidered. x Councilman Hummel made a motion to rescind the Council action and disapprove the curb cut. He also stated for the record: "My first choice is to enter this property and service it from the parking lot grade. It seems appropriate and I can see no real physical or financial handicap to doing that. I settled for the second choice of three options and in that regard got into the situation of not knowing what we have. I don't think anyone can tell me what kind of a building height we are looking at, and so I therefore feel this motion is in order to deny the curb cut. It wasn't a public hearing when we granted it and it doesn't need to be a public hearing now. I think we should get this thing back into a frame of reference and start all over again." The following people addressed the Council opposing the curb cut: Mary E. Burton, Hewitt Smith, Al Jobe and Bob Bole, who questioned whether access to the property only meant vehicle access. x x x x x A vote was taken on Councilman Hummel's motion x x which motion carried. i I Volume 33 - Page 126 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 'A �n 3p C .�92 F ROLL CALL 3u 9 s May 14. 1979 INDEX H. CONSENT CALENDAR: �otion x The following actions were approved by one motion II Ayes affirming the actions on the Consent Calendar: 1. The following ordinances were introduced and passed PERS to second reading on May 29, 1979: 0 -1805 (617) (a) Proposed Ordinance No. 1805, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CHP 2% AT 50 -OCEAN LIFEGUARDS). (A report from the City Manager) (b) Removed from the Consent Calendar. 2. The following resolutions were adopted: (a) Resolution No. 9551 authorizing the Mayor UP 1883 and City Clerk to excute a Use Permit R -9551 Agreement between the City of Newport (3249) Beach and Properties West, Inc., in connec- tion with Use Permit No. 1883. (A report from the Public Works Department) . (b) Removed from the Consent Calendar. (c) Resolution No. 9552 awarding a contract to W Npt Park Ben F. Smith, Inc., in connection with the R -9552 construction of handball courts in West New - (499) port Park (Contract No. 2053). (A report from the Public Works Department) (d) Resolution No. 9'553 supporting Senate Bill Pending 186 and opposing the McCarthy - Priolo long- Legislation term financing plan. (Attached with a report R -9553 from the League of California Cities) (1243) (e) Resolution No. 9554 expressing objection to Elections federal requirements that ballot materials be R -9554 printed in other than English language and (12F) supporting SB 12. (A report from the City Clerk) 3. The following communications were referred as indicated: (a) To the Planning Commission for inclusion in ongoing study, a report from the Trans- portation Plan Citizens Advisory Committee regarding their recommendations in connec- (673) tion with the Circulation Element. (Attached) (b) Removed from the Consent Calendar. 1 (c) Removed from the Consent Calendar. i Volume 33 - Page 127 I -:0 L.L 4 4 r COUNCILMEN C, yG� '�i��1FS•�� 0 1 9G22i CALL CITY OF NEWPORT BEACH Mav 14. 1979 MINUTES INDEX (d) To staff for recycling during budget consider- ' ation, a letter from McKibbon Sales requesting consideration in reinstating a paid Youth Employment Program. (Attached) (875) (e) To staff for reply, a letter from Edwin E. Corwin regarding opposition to Ordinance No. 1795, concerning required deposits for con- tractors in connection with construction site (3144) debris. (Attached) (f) To staff for reply, a letter from Adele Mann concerning the dangers that now exist on the ocean boardwalk. (Attached) (600) (g) To staff for reply, a letter from the West Newport Improvement Association expressing concern for the traffic problem at the inter- section of River (47th Street) and Balboa intersection. (Attached) (1154F) (h) To staff for inclusion in ongoing study, a letter from the Newport Crest Homeowners' Association requesting consideration of a short term lease arrangement with a non - profit or community- service organization for the recently vacated West Newport Library (1459) building. (Attached) ' W Removed from the Consent Calendar. (j) To staff for reply, a letter from Silver, Wells & Kreisler expressing their opposition to any change from the current Public Employees Retirement System to the Social Security (617) System. (Attached) (k) To staff for preparation of amending ordi- nance, a letter from the Balboa Island Improvement Association asking that the Municipal Code be amended to prohibit dog nuisances anywhere, including the gutters. (862) (Attached) (1) To staff for reply, a letter from Frank Spratt suggesting the posting of speed limits on Seashore Drive between 34th and Orange. 063F) (Attached) (m) To Pending Legislation and Procedural Ethics Committee, a letter from Orange County Chiefs' of Police and Sheriffs' Association enclosing a copy of their resolution opposing Assembly Bill 1343 regarding reserve officers, and asking for support for their (1243F) position. (Attached) ' I i I Volume 33 - Page 128 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3�P C��•F� tiyG'2'Li ROLL CALL �kP ss May 14 1979 INDEX • (n) To Pending Legislation and Procedural Ethics Committee, the following resolutions of the City of Anaheim: (1) A resolution endorsing the League of California Cities' policy statment on revenue and taxation and the League resolution requesting the allocation of existing tax revenue to cities and counties and opposing the McCarthy /Priolo proposal to eliminate local sales tax and urging all cities in Orange County to oppose said proposal. (Attached) (1429) (2) A resolution supporting Assembly Bill 1163 and urging all cities in the County of Orange to support this legislation. (Attached) (1429) (o) To staff for reply, a letter from Betty Heckel suggesting the removal of the remaining billboard on Pacific Coast Highway. (20) (Attached) (p) To the City Attorney for preparation of the necessary resolution, letters from the Balboa Island Improvement Association, the Balboa Island Business Association, and the Traffic • Affairs Committee regarding the banning of skateboards and roller skates from Agate and Marine Avenues on the Island. (Attached) (2330) (q) To Pending Legislation and Procedural Ethics Committee, Minutes of the Transpor- tation Plan Citizens Advisory Committee of May 2. (Attached) (960) 4. COMMUNICATIONS - For referral to the City Clerk for filing and inclusion in the records: (a) A letter from the City of Buena Park endorsing Jessie M. Davis, Councilman of Buena Park, for the Orange County Transpor- tation Commission. (Attached) (2523) (b) A letter from the City of Los Alamitos endorsing Councilman David Lander for the Criminal Justice Council. (Attached) (1174) (c) Petitions bearing 45 signatures protesting the Planning Commission's approval of an encroachment into the required 10' alley setback in connection with the planned com- mercial building located at 2421 E. Coast Highway. (Attached) (600) i i I Volume 33 - Page 129 :JLL CITY OF NEWPORT BEACH COUNCILMEN MINUTES tiG 9 �� C �3 Aj C� �O9yy621� 9?i .flstn d' CALL �' Mav 14. 1979 INDEX • (d) A petition bearing 40 signatures in support of the Key's Marina located at the mouth of the Santa Ana River. (421) (e) A letter from the City of Yorba Linda enclosing a resolution requesting the State Legislature to review the formula for State distribution of Federal Title XX funds. (1429F) (f) A letter from the City of Seal Beach enclosing a resolution recommending Legislative reform in the areas of Workers' Compensation and Disability Retirement. (459F) (g) Excerpt from the Minutes of the Board of Supervisors of April 24, 1979 and a copy of their resolution in connection with assignment of interest in the Newport Arches Marina. (412) (Attached) (h) Notice of filing an application before the Public Utilities Commission by the Balboa Island Ferry for a rate change. (Attached for Council) (788) (i) A letter from Al 'King Alfonso" Lizanetz regarding organized crime. (20) . (j) A letter from Charles Haas requesting support for voters in a Citizenship Participation Certif- icate campaign. (20) (k) Agenda of the Board of Supervisors meetings of April 28, May l and 8, 1979. (20) (1) A resolution of the City of Anaheim supporting the ethical use of animals in research for the cure and control of disease. (1429F) 5. The following claims for damages were denied and Claims the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Bruce Gallit for personal damages Gallit allegedly caused by wrongful prosecution by the (3250) City Attorney and the Newport Police over a period of time ending on January 4, 1979. (b) Claim of Candido Sanchez dba Sanchez Plumb- Sanchez ing for property loss on April 4, 1979 when the (3251) City trash collectors allegedly picked up plumbing fixtures by mistake at 1906 Diana Lane. (c) Claim of Richard D. Schaffer for property Schaffer damage when the Police Department allegedly (3252) impounded a trailer from claimant as stolen property on January 22, 1979 at 1810 16th Street. Volume 33 - Page 130 i i I UNCILME ROLL CALL\ \_'� • • CITY OF NEWPORT BEACH Mav 1 4_ 197q. _.. (d) Claim of Kurt S. DeMeire for property damage which occurred on March 31, 1979 when claimant's car struck an allegedly unmarked hole on Superior Avenue. (e) Claim of Gilda J. Boswell for property damage which occurred on February 16, 1979 when claimant pulled into a parking space at 2241 West Coast Highway and her fender caught on a fire hydrant which was allegedly installed too close to the curbing. (f) Claim of Hawthorne Auto Body for property damage which occurred on March 29, 1979 when a City truck allegedly backed into their Pinto vehicle at the intersection of Via Lido Soud and Via Quito. (g) Claim of Gonzalo and Elvia Perez for personal damages which occurred on March 22, 1979 at First Street and B Street intersection in Tustin when they were allegedly hit by a Newport Beach City employee, Richard Thomas Long, a member of the Newport Beach Police Depart- ment. 6. There were no Summons and Complaints. 7. The following reauest to fill personnel var_anciPC wac approved: (A report from the City Manager) (a) One Equipment Mechanic I position in General Services Department to fill a position now vacant. (b) One Laborer position in General Services Department to fill a position now vacant. (c) One Maintenance Man 11 position in General Services Department to fill a position now vacant. (d) One Secretarial position in the Marine Depart- ment to fill a position to be vacant. (e) Five Police Officer positions in the Police Department to fill positions now vacant. (f) One Police Sergeant position in the Police Department to fill a position now vacant. (g) One Park Foreman position in the Parks, Beaches and Recreation Department to fill a position now vacant. Volume 33 - Page 131 MINUTES I@UI*:I DeMeire (3253) Boswell (3254) Hawthorne Auto Body (3255) Perez (3256) (1203F) ROLL F_ L CITY OF NEWPORT BEACH COUNCILMEN MINUTES �C O ti 9j,�yG 22 i C v� TF�Sit' d+ CALL s' Unu in_ ICM) INDEX ' (h) One Library Clerk II position in the Library to fill a position now vacant. (i) One Advance Planning Administrator in the Community Development Department to fill a position to be vacant. 8. The following staff reports were for Council information and filing: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. 9. Removed from the Consent Calendar. 10. Removed from the Consent Calendar. 11. The plans and specifications for the Street Improve- PCHwy St ments (South Side) East Coast Highway between . Imprvmnts Jamboree Road and Avocado Avenue, Contract No. Jamboree/ 1990, were approved; and the City Clerk was Avocado authorized to advertise for bids to be opened at 2:30 (3072) p.m. on Thursday, May 31, 1979. (A report from the Public Works Department) 12. The work on the Storage Facility at Big Canyon Big Canyon Reservoir, Contract No. 2042, was accepted; and the City Clerk was authorized to file a Notice of Reservoir Storage Completion and to release the bonds in 35 days after Facility Notice of Completion has been filed. (A report from (3070) the Public Works Department) 13. The public improvements constructed in conjunction Tract 9810 with Tract No. 9810, located at the southeasterly corner of 16th Street and Tustin Avenue, were accepted; the City Clerk was authorized to release the Faithful Performance Bond (Bond No. 86-93218-45 issued by Sentry Indemnity Company; and the City Clerk was authorized to release the Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Department) 14. The following maintenance dredging harbor permits Harbor were approved, subject to the conditions of approval Permits listed in the general permit issued to the City by (304F) the Corps of Engineers: (A report from the Marine Department) 104 -1801 Balboa Yacht Club, 1801 Bayside Drive 0111 -207 Robert E. Gray, 207 North Star Lane 216 -1000 Al Schwab, 1000 West Bay Avenue 15. The application of Candace E. Jackson for a sound Sound amplification permit for street closure and dancing Amplification on June 10, 1979 from 2:00 p.m. to 6:00 p.m. at 2695 (1564F) . Bayshore was approved. (Attached with a copy of the Police Rer)+rt1 i I I Volume 33 - Page 132 ROLL CITY OF NEWPORT BEACH COUNCILMEN MINUTES A 'C'fO�tiy��2i CALL �i1) s INDEX •' 16. The following budget amendments were approved: BA -053, $5,000 transfer of Budget Appropriations for conversion of Seashore Drive to one -way traffic in two different directions and the establishment of a bike path on the south side of the street from 33rd Street to Orange Avenue, from Unappropriated Contingency Reserve to General Services, Field Maintenance and Traffic and Parking, General Fund. BA -054, $4,424.10 transfer of Budget Appropriations for median landscaping on Irvine Avenue between Dover Drive and 3001-+ northerly of Baycrest Avenue, from Unappropriated Contingency Reserve, General Fund. 1. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from the Spyglass Hill Community Spyglass Hill Association was presented requesting reclarification Paseo System and review of the original deposits into the City's (2175) reserve account by John D. Lusk & Son in connection with the Spyglass Hill community. Motion x The staff was directed to bring this item back to All Ayes Council on May 29, 1979 with back -up material and to notify the Spyglass Hill Community Association. • 2. A report was presented from the City Attorney Skateboarding/ regarding the proposed ordinance on skateboarding Rollerskating and roller skating regulations. Regulations 0 -1806 Councilman Strauss suggested a.change in the ordi- (2330) nance in Section 12.57.020 from "which are declared by resolution of the City Council to be hazardous" to "or other streets that the Council may find Motion x hazardous ", and made a motion to introduce pro- posed Ordinance No. 1806 as amended. Motion x Councilman Heather made a substitute motion to Ayes x x send the ordinance to the Parks, Beaches and Noes x x x x x Recreation Commission for recommendation, which motion failed. The following ordinance was introduced, as All Ayes amended, and passed to second reading on May 29, 1979: Proposed Ordinance No. 1806, being, AN ORDI- NANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.56.140 AND AMEND- ING CHAPTER 12.57 OF THE NEWPORT BEACH MUNICIPAL CODE TO READ "SKATE- BOARDING AND ROLLER SKATING REGULATIONS." • i i i Volume 33 - Page 133 :OLL 4. CITY OF NEWPORT BEACH COUNCILMEN MINUTES �C, CALL d' o Mav 14. 1979 INDEX ton x x 3 3. Councilman Heather made a motion to postpone to C Com Dev Ayes M May 29, 1979, the following reports from the D Dept Community Development Department concerning P Procedures the following Planning Commission recom- ( (1376) mendations: (a) Regarding the action initiated and taken by the Planning Commission at its meeting of April 19, 1979, to amend the Rules of Pro- cedure of the Planning Commission. (Attached) (b) Regarding the findings of the Planning Com- mission Sub - Committee with suggested guide- lines for ways in which the planning effectiveness of the City could be improved. (Attached) 4. A letter from the Corona del Mar Chamber of P Parking Commerce in opposition to the parking restrictions P Prohibitions on East Coast Highway recommended by the Trans- ( (440F) portation Plan Citizens Advisory Committee was presented. otion x x T The staff was directed to reply to all but the last 11 Ayes t two items concerning parking in the letter. ROLL CALL Son All Ayes Motion Ayes Noes x Motion x All Ayes • Motion x All Ayes Motion All Ayes r1 �i x CITY OF NEWPORT BEACH MINUTES Mayor Ryckoff made a motion to amend the wording in the agreement so the City would be provided with procurement information in connection with the services to be performed by the contractor under Phase I; and Resolution No. 9555 authorizing the Mayor and City Clerk to execute a Design and Procurement Agreement between the City of New- port Beach and Burt C. Gentle Company, Inc., in connection with the Newport Center Branch Library, was adopted. 7. A letter from Ruth Giffin was presented concerning the parking situation at the Newport Beach Post Office located on Riverside Avenue. The staff was directed to paint the curb green in front of the Post Office. A report was presented from the Public Works Department regarding Ford Road and MacArthur Boulevard (S.H. 73) Intersection Modification, Con- tract No. 1882. The plans and specifications were approved; and the City Clerk was authorized to advertise for bids open- ing reset for 10:30 a.m. Friday, June 1, 1979. ADDITIONAL BUSINESS: 1. The Mayor was authorized to send a telegram to the Assembly Committee on Natural Resources, Land Use and Energy and to Assemblywoman Marian Bergeson regarding Assembly Bill 462 advising the City's opposition to the deletion of the riparian section inland of MacArthur Boulevard as proposed on Map 12. 2. Modification No. -2402 was called up for Council review and set for public hearing May 29, 1979. There being no further business to come before the Council, Mayor Ryckoff declared the meeting adjourned at 1:10 a.m., May 15, 1979. ATTEST: Volume 33 - Page F R R -9555 (600) Ford /Mac Arthur Intersection Modification (2872) Pending Legislation (1243) Mod 2402 (3263)