HomeMy WebLinkAbout04/14/1980 - Regular MeetingCOUNCILMEN
ROLL CALL\ \ / \\ \ \ \\
REGULAR COUNCIL MEETING
PLACE. Council Chambers
TIME: 7:30 P.M.
DATE: April 14„ 1980
MINUTES
N UtX
Present
x
xi
xlx
x
x
x
A. ROLL. CALL.
Won !
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x]
B. The reading of the Minutes of the Regular Meeting
All Ares
x
x
x
x
x
of March 24, 1980 was waived, and the Minutes were
Abstain
xl
approved as written and ordered filed.
Motion
x
C. The reading in full of all ordinances and resolu-
All Ayes
tions under consideration was waived, and the City
Clerk was directed to read by titles only.
D. HEARINGS:
1. Mayor Ryckoff opened the public hearing regarding
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Use Permil
Use Permit No. 1930, referred to the City Council
No. 1930
by the Planning Commission with no recommendation.
(88)
This is a request by Lee & Strock Architects, Inc.
to permit the construction of a two -story office
building exceeding 5,000 sq. ft. of floor area in a
Specific Area Plan where a specific plan has not
been adopted; and the acceptance of an Environmenta
Document; on property located at 350 North Newport
Boulevard, on the southerly corner of North Newport+
Boulevard and Beacon Street, adjacent to Newport
Heights; Zoned C -1 -H.
A report was presented from the Planning Department.
A petition signed by 29 residents opposing the
project was presented.
.
A letter from Herbert W. Sutton was presented
requesting that the item be continued to April 28.
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Motion
x
The hearing was continued to April 28, 1980.
All Ayes
2. Mayor Ryckoff opened the public hearing regarding
Police Tot,
increases in the Official Police Tow rates as
Truck
proposed by Harbor Towing Company
Services
(70)
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A copy of the proposed increase Was presented with a
report from the City Manager.
Thom Gall, Manager of Harbor Towing, addressed the
Council and answered questions regarding the
increase.
Motion
x
The hearing was closed after it was determined that
All Ayes
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- no one else desired to be heard.
Motion
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Resolution No. 9758, establishing tow charges,
IR -9758
All Ayes
storage rates and after -hours release fees for
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official police tow truck services, and rescinding
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Resolution No. 9735, was adopted.
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COUNCILMEN
ROLL CALL`
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Motion
All Ayes
Motion
All Ayes
10tion
1 Ayes
Motion
All Ayes
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- « ` T 10 1
MINUTE S
April 14, 1980
INDEX
Bicycle
Trails CAC
(24)
Litter
Control CAC
(24)
Off -Site
Parking/
Evans
(38)
Small boat
Launching
18th & Bay
(51)
E. ORDINANCES FOR ADOPTION: None.
F. CONTINUED BUSINESS:
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1. The following appointments to Citizens Advisory
Committees were confirmed for a one -year term
ending December 31, 1980:
(a) District 6, Councilman Hummel °s appointment of
x
Mike Hewitt as a member of the Bicycle Trails
Citizens Advisory Committee to replace
William Pope.
(b) District 4, Councilman Heather's appointment
x
of LaVerne Schvarz as a member of the Litter
Control Citizens Advisory Committee to replace
Rae Cohen.
2. A letter dated March 18, was presented from
Julius V. Evans asking Council to reconsider its
action taken on March 10 recommending the installa-
tion of a block wall in connection with the off -sit
parking agreement at 329 and 331 Marigold in Corona
del Mar.
The City Manager stated that he had received a
telephone call stating that Mr. Evans was still
ill and asking that the matter be continued again.
The request of the applicant was granted, and the
X
item was continued to April 28, 1980.
3. A report was presented from the City Manager regard-
ing small boat launching at 18th and Bay.
Marine Director David Harshbarger addressed the
Council regarding the hours the lifeguards were on
duty at this location, and the dates the swimming
ropes were put out.
Doug Ammerman, a Parks, Beaches and Recreation Com-
missioner, spoke as an individual and stated that
the Commission had not seen the most recently recom-
mended changes and opposed the variations from the
Parks, Beaches and Recreation recommendations.
The item was referred to the Parks, Beaches and
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Recreation Commission for report back not later tha
May 12.
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Volume 34 -'Page 80
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INDEX
Bicycle
Trails CAC
(24)
Litter
Control CAC
(24)
Off -Site
Parking/
Evans
(38)
Small boat
Launching
18th & Bay
(51)
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9�o�ti9�22�
\��y, c`�'9 d April 14, 1980
ROLL CALL INDEX
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G. CURRENT BUSINESS:
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1. A report was presented from the Public Works Depart
Encroachment
ment regarding an encroachment permit to allow
Permit /Ca1Fed
California Federal Savings to install a monument
Savings Sign
sign in the public right -of -way at 2340 East Coast
(65)
Highway.
Motion
x
The application was approved for an encroachment
Ayes
x
x
x
x
x
x'
to install one monument sign in the public right-of-
Abstain
x
way, subject to the condition that the sign will be
removed upon 60 days' notice from the Public Works
Director, and that a $2,000 bond be posted to guar-
antee this removal.
H. CONSENT CALENDAR:
Motion
The following actions were taken as indicated except for
All Ayes
x
those items removed:
1. ORDINANCES FOR INTRODUCTION:
For introduction and set for public hearing on
April 28, 1980:
(a) Removed from the Consent Calendar.
For introduction and pass to second reading on
April 28:
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(b) Proposed Ordinance No. 1841, being, AN ORDI-
NP Beach
NANCE OF THE CITY OF NEWPORT BEACH AMENDING
Municipal
SECTION 12.32.020(B) OF THE NEWPORT BEACH MUNI
Code
CIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES
0 -1841
EXCEEDING 6,000 POUNDS FROM OPERATING ON DOVER
(53)
BETWEEN WESTCLIFF DRIVE AND IRVINE AVENUE. (A
report from the Public Works Department)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 9759 approving the application
Lighting of
for grant funds under the Robert- Z'Berg Urban
Tennis Crts
Open Space and Recreation Program for lighting
WNptPrk /SJHP
of tennis courts at West Newport Park and
R -9759
San Joaquin Hills Park. (A report from the
(62)
Parks, Beaches and Recreation Director).
(b) Resolution No. 9760 declaring that weeds and
Weed Abatemt
other public nuisances exist upon streets,
R -9760
alleys, sidewalks, parkways, and private
(41)
property within the City, declaring that said
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weeds and public nuisances must be abated,
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setting the time and place for a public hear-
ing at which the City Council will consider
protests from persons objecting to the propose
destruction or removal of such public: nuisance
by the City, and directing the Fire Chief to
give notice of the passage of this resolution
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and of the public hearing.
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COUNCIL MINUTE 5
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i6 ,ACS
ROLL CALL ��� s April 14, 1980 INDEX
(c) Resolution No. 9761 increasing the basic water!
Basic Water
rate from $.0.45 per 100 cubic feet to $0.50
Rate Increase
per 100 cubic feet effective July 1, 1980. (A
R -9761
report from the Utilities Director.
(38)
(d) Resolution No. 9762 awarding a contract to the
Right -turn
Griffith Company in connection with the San
In /SJH Rd &
Joaquin Hills Road and Jamboree Road free
Jamboree
right -turn lane (C- 1991). (A report from the
C -1991
Public Works Department)
R -9762
(38)
(e) Resolution No. 9763 authorizing the Mayor and
City Clerk to execute an agreement between the
N. A. Croy/
City of Newport Beach and N. A. Croy in connec
Computer Use
tion with the use of the City Computer. (A
AT't .
report from the City Manager)
R -9763
(38)
(f) Removed from the Consent Calendar.
(g) Resolution No. 9764 authorizing the Mayor and
Bank of Npt
City Clerk to execute a License Agreement
Lic /Agrmt
between the City of Newport Beach and the
R -9764
Bank of Newport for nonstandard improvements
(38)
in the public rights -of -way adjacent to the
Bank of Newport on Coast Highway. (A report
from the Public Works Department)
(h) Resolution No. 9765 stating Council's opposi-
SoCalGas Co.
tion to the request by the Southern California
Rate Incr.
Gas Company for a rate increase.
R -9765
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(42)
(i) Removed from the Consent Calendar.
(j) Removed from the Consent Calendar.
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for reply, two letters from Betty
(51)
Heckel dated March 24 and 30 and letters from
Charlotte Luesse and Mimi Swain regarding
Council's decision to permit the Warmington
Power Boat Race to take place during the migra-
tion of the gray whales. (Attached)
(b) To staff for reply, a letter from Eileen Wilson
(26)
regarding the height of a house under construc-
tion at 230 Orchid in Corona del Mar and
questioning the Police wages paid by the City.
(Attached)
(c) To staff for reply, a letter from Spencer Crumpl(7O)
regarding drivers on the wrong side of the
street on Orchid Avenue and parking in the
alley between Poppy and Orchid Avenues in
f
Corona del Mar. (Attached)
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F-
COUNCILMEN
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ROI 1 CAL L<, 9�ss April 14, 1980
MINUTES
INDEX
(d) To staff for reply, a letter from the State of',
(40)
California, Department of Transportation re-
garding publication of a Notice of Adoption of
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the Business and Transportation Agency's regu-
lations to administer the SB 620 discretionary
funds (Public Utilities Code, Section 99312).
(Attached)
(e) To the Pending Legislation and Procedural
(48)
Ethics Committee, a resolution of the City
Council of the City of Sanger, supporting a
Federal tax deduction for the Olympic Games.
(Attached)
(f) To the Pending Legislation and Procedural
(48)
Ethics Committee, a letter from the.City of
Norwalk, urging support for retention of
Revenue Sharing for local governments.
(Attached)
(g) Removed from the Consent Calendar.
(h) Removed from the Consent Calendar.
(i) To staff for reply, a letter from Newport
(61)
Shores Community Association, Inc. requesting
that the City consider using Federal Disaster
funds for repair to storm caused damage of a
small channel that was overlooked in the past.
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(Attached)
(j) To the Parks, Beaches and Recreation Commis-
(65)
sion for a report back, a memorandum from the
Public Works Department regarding.the request
of Mr. and Mrs. John Valentine to construct
retaining walls, planters, sidewalk, steps,
and landscaping in public right -of -way
adjacent to .4 0 an Boulevard, Corona del
pp
Mar. (AttacAe747 kk'
4. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) A letter from Mrs. B. Griest, expressing her
views on twice weekly trash collection and
the City's regulations regarding trash can
lids. (Attached)
(b) A copy of a letter of complaint from Curtis H.
Bratton against the Newport Beach Police
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Department. (Attached)
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTE 5
F
ROLL CALL April 14, 1980 INDEX
(c) Minutes of the Board Meeting of the Friends of
OASIS. (Attached)
(d) A letter from Southern California Edison Com-
pany advising the City that division of prop-
erty would not unreasonably interfere with the
exercise of any easements held by them regard-
ing property shown on Final Parcel Map
Nos. 79 -734, 79 -735 and 79 -736. (Attached)
(e) Hearings before the public Utilities Commis-
sion:
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1) Airport Service, Incorporated for
rate adjustments.
2) Orange Coast Sightseeing Company for
rate adjustments.
3) Southern California Edison Company
for a rate change.
4) Greyhound Lines, Inc. to revise
route groups.
(f) Preliminary Agenda of the Local Agency Forma-
tion Commission of Orange County, California
for April 9, 1980. (Attached)
(g) Agenda of the Regular Meeting of the Board of
Supervisors, Orange County, California of
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March 25, 16, April 1, 2, 8 and 9, 1980.
5. CLAIMS FOR DAMAGES - For denial and confirmation of
Claims
the City Clerk's referral of claims to the insur-
(36)
ance carrier:
(a) Claim of Paul F. Pankhurst for towing and
Pankhurst
storage charges incurred on March 17, 1980
when his Jeep Wagoneer was towed away from
2145 Ocean Boulevard allegedly without prior
warning.
(b) Claim of Richard C. Calhoun for property
Calhoun
damages at 703 .Jasmine Avenue on February 4,
1980, when a City truck broke a PVC riser Whip
checking storm drains in the area. It was nec-
essary to have the City turn the water off and
a plumber was called to repair the pipe and
fittings.
(c) Claim of the Automobile Club of Southern Cali-
!Hendlin
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fornia for Steven Hendlin for property damage
to his car on January 17, 1980 at 703 Poppy
Avenue when a large tree branch fell on it,
allegedly caused by negligence by the City's
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tree trimming operation.
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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ROI.I. CAL \\9�s \yam \2 /S\ April 14, L980 INDEX
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(d) Claim of Jon P. and Marcia E. Davis for prop- iDavis
erty damage on February 14, 1980 at Jamboree
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and Bison Avenue when the claimant's car was
allegedly struck by a City Police car while it
was en route to answer a burglary call.
(e) Claim of Mrs. Constance Dewey for personal
Dewey
injuries on February 24, 1980 when she fell on
Balboa Boulevard, allegedly due to the side-
walk being cracked and broken.
(f) Claim of Derher Jeng for property damage on
Jeng
April 2, 1980 when the Police broke down the
door to his home at 455 Newport Boulevard
(Baycliff Motel) to make an arrest.
(g) Claim of Barry D. Eaton for towing and storage
Eaton
charges incurred on February 11, 1980 when his
automobile was towed away from in front of his
home at 727 Bellis Street allegedly without
prior warning.
(h) Claim of Mack Belton Walls, Jr. for personal
Walls, Jr.
injuries sustained on January 9, 1980 when he
allegedly was arrested and assaulted by Police
officers while sitting in front of his home at
531 Fullerton Avenue.
(i) Claim of State Farm Insurance for their
Donohue
insured, Tim Donohue, for property damage to
insured's automobile on February 20, 1980 at
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Crown and Ebbtide Avenues, when a City employ-
ee allegedly made an unsafe U turn and ran
into the side of insured's 1977 automobile.
6. SUMMONS AND COMPLAINT - For confirmation of the
City Clerk's referral to the City Attorney:
(a) Summons and Complaint of Jennifer Jo Whitehead
Whitehead
against a public entity and employee for
damages, false arrest, false imprisonment, and
deprivation of civil rights, Case No. 330382
in the Orange County Superior Court.
(b) Summons and Complaint of Jean Elaine Oates for
Oates
damages, in the Orange County Superior Court,
seeking indemnity from the City for any dam-
ages she must pay to Jeffrey Scott Page as a
result of an automobile accident which was
allegedly caused by obstructed visability.
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(c) Summons and Complaint of Russel William Ches-
Chessler
sler for Damages (Assault and Battery, Inten-
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tional infliction of Emotional Distress, False
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Imprisonment and Malicious Prosecution), Case[
No. 329676 in the Orange County Superior Court
Volume 34 - Page 85
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COUNCILMEN . MINUTES
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ROLL CA L� <� \tP(%
April 14, 1980 INDEX
7. REQUEST TO FILL PERSONNEL VACANCIES - For approval:)
Personnel
(A report from the City Manager)
Vacancies
(a) One Equipment Operator II, General Services
Department to fill a vacant position.
(b) One Secretary, Marine Department, to fill a I
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vacant position.
(c) Three Police Officers, Police Department, to
fill vacant positions.
(d) One Police Clerk, Police Department, to fill aI
vacant position.
(e) One Stock Clerk, Purchasing Department, to J
fill a vacant position.
8. REPORTS FROM STAFF AND COMMITTEES -
(a) Report from Transportation Plan Citizens
Transportatn
Advisory Committee regarding access to OASIS
Plan CAC
Center. (Attached)
(24)
9. PUBLIC HEARING SCHEDULING - None.
1
10. SIGN IN VIA LIDO AT VIA LIDO SOUD - For approval of
Via Lido/
the application of the Lido Isle Community Associa-
Via Lido Soud
tion to construct a "Neighborhood Watch" sign in
(65)
Via Lido at Via Lido Soud. (A report from the Pub-
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lic Works Department)
11. TRAFFIC SIGNAL AT SUPERIOR AVENUE AND HOSPITAL ROAD
Superior/
(C -2155) - For approval of the plans and specifica-
Hospital Road
tions, and authorization to the City Clerk to
C -2155
advertise for bids to be opened at 2:00 p.m. on
(38)
April 30, 1980. (A report from the Public Works
Department)
12. OUTRIGGER CANOE STORAGE - For approval of the
Outrigger
request by the Newport Outrigger Club to store and
Canoe .Storage
launch canoes from the public bay beach street end
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at 18th and West Bay, subject to the conditions of
approval recommended, by staff, (A report from the
Marine Department)
13. MAINTENANCE DREDGING HARBOR PERMIT - Approval of
Harbor
the following application for maintenance dredging
Permits
harbor permit, subject to the conditions of approva
(51)
listed in the general permit issued to the City by
the Corps of Engineers. (A report from the Marine
Department)
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101 -104 1701 Bayside Drive California Recrea-
tion Co.
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COUNCILMEN PrINUiES
RQLL CALL 3�T s April 14, 1980 INDEX
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14. BUDGET AMENDMENTS - For approval:
BA -079, $40,101.00 increase in Budget Appropria-
tions and increase in Revenue Estimates to provide
for the 1978 -79 ($21,791.00) and 1979 -80
($18,310.00) SB 821 allocations for bikeway/pedes-
trian projects, from Unappropriated Surplus and
Donations and Contributions to SB 821 Bicycle
Trails Program, General Fund.
BA -080, $50,000.00 increase in Budget Appropria-
tions and Donations and Contributions for Disaster
Relief Act contribution toward removal of ocean
beach debris, from Unappropriated Surplus and Dona-
tions and Contributions to General Services -Field
Maintenance and Services - Professional, Technical,
etc., General Fund.
BA -081, $25.00 increase in Budget Appropriations
and Donations and Contributions, donation from
John W. McKenzie for purchase of library books,
from Unappropriated Surplus and Donations and
Contributions to Libraries, Special Departmental
Expense, Library Fund.
BA -082, $100.00 increase in Budget Appropriations
and increase in Revenue Estimates, donation from
the Tuesday Club for purchase of library books,
from Unappropriated Surplus and Donations and
Contributions to Libraries, Special Departmental
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Expense, Library Fund.
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
Motion
x
1. A letter from Dorothy Napkie regarding the rental
OASIS
All Ayes
and use of facilities of OASIS was referred to
(62)
staff for report back to Council regarding the
rental policy.
Motion
x
2. A report was presented from the Planning Depart-
Municipal
All Ayes
ment regarding Planning Commission Amendment
Code
No. 541, a request initiated by the City of Newport
(53)
Beach to consider amending the Residential Develop-
ment Standards for the R -1, R -2 and R -3 Districts
in Old Corona del Mar, and the acceptance of an
Environmental Document.
The following ordinance was introduced and set
for public hearing on May 27, 1980:
Proposed Ordinance No. 1840, being AN ORDINANCE OF
i0 -1840
THE CTTY OF NEWPORT BEACH DP.LETTNG CHAPTER 20.11 OFI
THE NEWPORT BEACH MUNICIPAL CODE AND RECODIFYING
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SAID CHAPTER AS CHAPTER 20.19 OF THE NEWPORT BEACH
MUNICIPAL CODE, AMENDING SECTIONS 20.19.010 and
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20.19.020 TO DELETE THEREFROM THE EXISTING RESIDEN -1
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TIAL DEVELOPMENT STANDARDS FOR CORONA DEL MAR, AND
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CITY OF NEWPORT BEACH
COUNCILMEN MiNjU. ( E S
ROLI CALL 9� ° " \� April 1/1, 1080 INUFy
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ADDING CHAPTER 20.20 TO THE NEWPORT BEACH MUNICIPAL;
I CODE ESTABLISHING RESIDENTIAL STANDARDS FOR OLD
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CORONA DEL MAR, AND MAKING TECHNICAL CONFORMING
CHANGES TO SECTIONS 20.13.025, 20.13.070,
20.15.025, 20.15.070, 20.16.030, 20.16.075,
20.17.030 AND 20.17.075 OF THE NEWPORT BEACH MUNI-
CIPAL CODE, Planning Commission Amendment No. 541,
a request initiatied by the City of Newport Beach
to condiser amending the Residential Development
Standards for the R -1, R -2 and R -3 Districts in Old
Corona del Mar, and the acceptance of an Environ-
mental Document. (A report from the Planning
Department)
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3. A report was presented from the City Manager I IRWD /Cosa;
regarding an agreement between Irvine Ranch Water tation Di:
District, Sanitation District No. 5 and City of Newport Bi
Newport Beach for interim sewer service. Agreement
(38)
A letter from Daon Southwest was presented regard-
ing the alternate facilities.
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Dennis O'Neil, representing Daon Corporation,
addressed the Council.
Motion
x
It was agreed to make a slight change in the I R -9766
All Ayes
agreement regarding fees for the temporary service,)
and Resolution No. 9766, authorizing the Mayor and
City Clerk to execute an agreement between the
Irvine Ranch Water District, County Sanitation
District No. 5 and the City of Newport Beach for
interconnection of facilities and interim sewer
service, was adopted. (A report from the City
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Manager attached with a letter from Daon Corpora-
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tion) (Copy of agreement attached for Council
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only)
4. A proposed resolution stating Council's opposition PacTelephc
to the rate increase requested by Pacific Telephone Rate Incre
Company was presented. (89)
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Pat Krone, Telephone Company representative, ad-
dressed the Council and asked that the item be
continued to the Study Session of May 12.
Motion
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,
The request was granted, and the item was continued)
Ail Ayes
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to the Study Session of May 12, 1980.
Motion
x
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5. The Mayor was authorized to write a letter of sup- Fair Housi
All Ayes
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port in connection with a letter from Jack Lincoln, AmendAct
legal counsel to the Newport Harbor -Costa Mesa H.R. 5200
Board of Realtors, regarding provisions of Sections! (87)
810 and 811 of "H.R.. 5200, Fair Housing Amendments
Act of 1979," for the purpose of hearing and decid-
ing administrative complaints filed by HUD for
alleged violations of the fair housing laws.
(Attached)
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CITY OFI NEWPORT BEACH
MUNUIf S
April 14, 1980 - _ INDEX
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6. A proposed resolution supporting Proposition 1 - Prop. 1
Park Lands and Renewable Resources Investment Bond I (62)
Act was referred back to staff-.
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The Mayor adjourned the meeting at 8:10 p.m. to
4:00 p.m. on April 15, 1980.
ATPF'GT:
Volume 34 - Page 89