HomeMy WebLinkAbout03/26/1984 - Regular MeetingMEMBERS
Present x x
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Motion
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CITY OF NEWPORT BEACH
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: March 26, 1984
A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of March 12, 1984, was waived,
approved as written and ordered filed.
C. The reading in full of all ordinances
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Hart opened the public hearing and
City Council review of the NEWPORT PLACE
TRAFFIC PHASING PLAN AMENDMENT NO. 7,
AND PLANNING COMMISSION AMENDMENT NO.
604, requests of BILL LANGSTON, Newport
Beach, to amend the NEWPORT PLACE
TRAFFIC PHASING PLAN AND THE
PREVIOUSLY - APPROVED NEWPORT PLACE
PLANNED COMMUNITY REGULATIONS to allow
the construction of an additional 16,154
sq. ft. (net) of office space on
property located in the "Professional
and Business Offices Site 5;" a
modification to the Zoning Code so as to
permit a portion of the parking spaces
to be compact -sized parking spaces; and
the acceptance of an Environmental
Document. Property located at 1400 Dove
Street, on the northeasterly corner of
Newport Place Drive and Dove Street in
the Newport Place Planned Community;
zoned P -C.
Report from the Planning. Department, was
presented.
It was noted that the applicant was
aware of the "fair share" and noise wall
contribution requirement, as set forth
in Condition of Approval No. 12.
Hearing no one wishing to address the
Council, the public hearing was closed.
PCA 604
(94)
Tfk Phsg
Pln Amnd$7
Motion was made to approve the amendment Res 84 -22
to the Newport Place Traffic Phasing
Plan and adopt Resolution No. 84 -22,
amending the Newport Place Planned
Community Regulations as recommended by
'the Planning Commission.
2. Mayor Hart opened the public hearing and PCA 603
City Council review of PLANNING (94)
COMMISSION AMENDMENT NO. 603; TENTATIVE
MAP OF TRACT NO. 12105: AND A TRAFFIC TMpTr 1.2105
STUDY, a request of THE IRVINE COMPANY
(dba IRVINE PACIFIC), Newport Beach, to
amend the Planned Community Development
Plan for the BIG CANYON PLANNED
Volume 38 - Page 87
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\4001�0 March 26, 1984
MINUTES
INDEX
BULL c
COMMUNITY so as to establish PCA 603/
residential development standards for TMpTr 12105
property located At the southwesterly
comer of MacArthur Boulevard and Ford
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Road, to be established as Area 16 of
the Big Canyon Planned Community; the
acceptance of an Environmental Document;
and a further request to subdivide this
twenty -three acre site into one lot for
residential condominium development and
a residual lot for private open space
purposes.
Report from the Planning Department, was
presented.
The City Clerk advised that after
printing the agenda; a letter was
received from the Legal Aid Society of
Orange County in opposition to Tentative
Tract No. 12105.
It was pointed out that the Planning
Commission required a "fair share"
contribution to circulation system
improvements in conjunction with this
project, with the provision that the
improvements to MacArthur Boulevard
required in the approval of the
Tentative Map be considered the "fair
share" contribution.
In response to Council Member Strauss,
regarding the letter received from the
Legal Aid Society, the City Attorney
advised than the City has received
similar letters on prior occasions.
The basic contention is that the City's
Housing Element is inadequate under
State Law. This is an issue that will
be litigated and the City's position is
that its Housing Element, and all
procedures relating thereto, are in
compliance with State Law.
In response to Council Member Heather,
the Planning Director outlined
Conditions of Approval No. 38, 39 and 40
relating to affordable housing, noting
that prior to recordation of the final
map, the applicant shall enter into an
agreement with the City, guaranteeing
the provision of eight "affordable"
units. The affordability of said units
shall be guaranteed for a period of at
least ten years.
James Montgomery, representing Irvine
Pacific Development Company, addressed
the Council and stated they were in
agreement with the Conditions of
Approval as imposed by the Planning
Commission. With respect to the
Volume 38 - Page 88
MEMBERS
Motion
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CITY OF NEWPORT BEACH
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MINUTES
March 26, 1984
remaining 20 units in Big Canyon
referred to on Page 20 of the staff
report, he stated that the project they
designed would not accommodate more than
80 units, and therefore, they have no
plans for the additional 20 units.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to accept the
Environmental Document and adopt
Resolution No. 84 -23, amending the
Planned Community Development Plan for
the Big Canyon Planned Community; and
approve the Traffic Study and Tentative
Map of Tract No. 12105, subject to the
Findings and Conditions of Approval as
recommended by the Planning Commission.
Council Member Strauss stated that he
will abstain from voting, not because he
was opposed to the project, but because
he feels that the affordability period
of 10 years is too short to really
accomplish anything.
The motion was voted on and carried.
3. Mayor Hart opened the public hearing
regarding ORDINANCE NO. 84 -10, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 14.24.050
AND 14.02.065 OF THE NEWPORT BEACH
MUNICIPAL CODE REGARDING SEWER
CONNECTION AND USE FEES,
was presented for second reading and
adoption, with reports from Utilities
Director dated March 12, and Assistant
City Attorney, dated March 7.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
84 -10.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on April 9, 1984:
(a) Removed from the Consent Calendar.
Volume 38 - Page 89
84 -23
Ord 84 -10
Sewer Use
Fees
(40/74)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1984
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -24 defining the Council
Purpose and the Role of the Library Policy
in the Community (Mission Res 84 -24
Statement); and direct the City (69)
Clerk to include the Mission
Statement in the Library Section of
the the Council Policy Manual, to
be designated as Council Policy No.
0-4. (Report from Library Board of
Trustees w /resolution)
(b)
Resolution No. 84 -25 awarding
West Npt
Contract No. 2428 to Sampson Oil
oil fac
.
Company in connection with the
opr /Sampson
operation of oil facilities in West
Res 84 -25
Newport. (Attached w /report from
C-2428
Utilities Department dated March
(38)
12, 1984, and Agreement)
(c)
Removed from the Consent Calendar.
(d)
Resolution No. 84 -27 supporting the
Fire /Radio
concept of a City -Wide Fire /Radio
Cmunctn Sys
Communication System. (Report from
Res 84 -27
the Fire Department)
(41)
3. CONTRACTS/AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Approve a Use Permit Agreement Use Permit
guaranteeing completion of the 112046
public improvements required with (88)
Use Permit No. 2046; and authorize
the Mayor and City Clerk to execute
said agreement. (Report from
Public Works)
(c) Award Contract No. 2313 to R. J.
Noble Co., for $171,854 for Lido
Isle and Via Lido Street
Resurfacing Program, Phase III; and
authorize the Mayor and the City
Clerk to execute said contract.
(Report from Public Works)
Lido Is/
VLido St
Rarfcg PhIII
6-2313
(38)
(d) Award Contract No. 2401 to Thibodo WtrMnRplcm
Construction Company for $295,909 '83 -84/
for Water Main Replacement Program Thibodo Cns
1983 -84; and authorize the Mayor C -2401
and City Clerk to execute said (38)
contract. (Report from Public
Works.-(see Budget Amendment No.
061))
Volume 38 - Page 90
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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F F d% March 26, 1984
MINUTES
INDEX
4. COMMUNICATIONS - For referral as
indicated:
(a) To Parks, Beaches and Recreation
PB&R /5th
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for inclusion in the records,
St Park
letter of thanks to the City
(62)
Council for considering Corona del
Mar community input in developing
the new 5th Street Park.
(b) To Pending Legislation and
Legislation
Procedural Ethics Committee, City
(48)
of Seal Beach Resolution No. 3355
"Supporting AB 2099, the Park Bond
Ballot Issue."
(c) To Executive Assistant to the City
CATV /Grp W
Manager for response, petition
(42)
signed by residents in the vicinity
of Santa Ana Avenue, Cliff Drive,
and Snug Harbor Rd., who are
concerned about the visual blight
resulting from moving cable
television facilities from
underground to the utility poles;
and letter of complaint from Keith
0. Burnham regarding his experience
with Group W service.
(d) To Public Works for inclusion in
FW /Capital
the records, letter from Alan Blum
impvms
regarding item on Capital
(74)
Improvemements -- Keeping the City
Working and the plans to widen
Pacific Coast Highway (Bayside
Drive to MacArthur) in the
"Citizens Reporter."
(e) Removed from the Consent Calendar.
(f) To Police Department for inclusion
PD
in the records, investigation of
(70)
health and sanitary conditions of
the City of Newport Beach detention
facilities, as required by Section
459 of the California State Health
and Safety Code.
(g) To staff for reply, Society of
Society
Professional Journalists, Sigma
Prfsnl
Delta Chi request dated March 1,
Journalists
1984, to authorize staff (Fire
Misc rqst
Chief and.other City Executives) to
(52)
donate certain antiquated, and no
longer usable city property to subjec
organization.
Volume 38 - 91
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
March 26, 1984
MINUTES
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Local Agency Formation Commission
of Orange County regarding
recruitment of LAFCO Public Member
and Alternate Public Member; and
Minutes of March 7, 1984 meeting.
(b) Southern California Gas
Company /Pacific Lighting Gas Supply
Company notice to customers of
filing of Application (No.
84- 03 -30) and Public Hearing.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Removed from the Consent Calendar.
(b) James Robert Converse and Civic
Converse/
Data Corporation for indemnity
Civic Data
filed by a co- defendant in the
Kristine L. Prechel case.
(c) Cynthia Lynn Griffin alleging
Griffin
personal injuries as a result of
fall on sidewalk at 1700 16th
Street on December 10, 1983.
(d) Tom Oliver Janise alleging personal
Janise
injuries to wrist by Police Officer
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when stopped for traffic violation
on February 29, 1984.
(e) Douglas L. Killian alleging
Killian
personal injuries by Police
Department at Novaks, The Place -
2920 E. Coast Highway on December
6, 1983.
(f) Application for Leave to Present
Late Claim of William Wade London
London /The
and The Hertz Corporation regarding
Hertz Corp.
involvement in traffic accident at
SR -73 and 511 feet north of the
north curb of Von Kerman on
February 3, 1983. Claim filed
October 17, 1983 and denied by City
Council on October 24, 1983.
For rejection:
(g) Late Claim of John Thomas Morris
Morris
seeking reimbursement for time lost
in jail, etc., as the result of his
arrest on October 3, 1983.
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Volume 38 - Page 92
MINUTES
ounry
(h) Late Claim of Bienevido C. Alesna
Alesna
for alleged police brutality, false
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imprisonment, false arrest,
defamation of character, excessive
mental anguish on December 10, 1983
at Bristol Street, North of
Jamboree, before MacArthur
Boulevard during an auto accident..
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) One Secretary, Planning Department.
(b) One Marine Safety Officer, Marine
Department.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from City Attorney
O'Donnell
requesting approval of two -month
Gordon
ESTIMATE ON ATTORNEY'S FEES FROM
Arprt Ltgtn
O'DONNELL AND GORDON IN CONNECTION
C -2331
WITH CITY'S AIRPORT LITIGATION CASE
(38)
FOR THE PERIOD MARCH 1 - APRIL 30,
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1984.
(b) Removed from the Consent Calendar.
(c) Removed from the Consent Calendar.
(d) Report from Parks, Beaches and
PB &R /CNB
Recreation regarding CITY HALL
Gallery &
GALLERY /LOBBY REFURBISHMENT.
Lobby Rfrb
(62)
10. PUBLIC HEARING SCHEDULING:
None.
11. NEWPORT BOULEVARD TRAFFIC MEDIAN
Npt B1 Tfk
LANDSCAPING (CONTRACT 2403) - Approve
Mdn Lndscpg
the plans and specifications; and
C -2403
authorize the City Clerk to advertise
(38)
for bids to be at 9:30 a.m., on April
12, 1984. (Report from Parks, Beaches
and Recreation Department)
12. NEWPORT AND BALBOA OCEAN PIERS
Npt /Balboa
MISCELLANEOUS REPAIRS (CONTRACT 2366) -
Piers Rpr
Accept the work; and authorize the City
C -2366
Clerk to file a Notice of Completion and
(38)
release the bonds 35 days after Notice
of Completion has been filed, provided
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no claims, (Report from Public Works)
Volume 38 - Page 93
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1984
13. HARBOR PERMIT APPLICATION NO. 113 -201 BY Harbor Perm
DOBRZENSRY- ETTINGER - Uphold #113 -201
recommendation from the Tidelands (51)
Affairs Committee to approve the
application, subject to conditions
listed in the staff report.
14. GIRL SCOUT COUNCIL OF ORANGE COUNTY Girl Scout
REQUEST - Uphold recommendation of 0/C Rqst
approval from Tidelands Affairs (61)
Committee regarding the use of North
Star Beach for an overnight camp -out on
May 18, 19 and 20, 1984, subject to the
conditions listed in the staff report.
15. BUDGET AMENDMENTS - For approval: (25)
BA -059, $1,500 - Decrease in PB &R /Npt
Unappropriated Surplus and Increase in Pier Lndscpg
Budget Appropriation for Newport Pier (62)
Area Landscaping; Parks, Beaches and
Recreation Fund. (Report from Parks,
Beaches and Recreation)
BA -060, $6,000 - Transfer in Budget Pearl Av /SD
Appropriations for retaining a (74)
consultant: to prepare plans, .
specifications and engineer's estimate
for Pearl Avenue Storm Drain (Report
from Public Works)
BA -061, $30,000 - Transfer in Budget
Appropriations for completion of funding
for 1983 -84 Water Main Replacement
Contract 2401; Water Main Replacement
Program Fund. (See report from Public
Works- agenda Item F -3(d))
BA -062, $9,500 - Transfer in Budget
Appropriations to retain a consultant
to prepare plans, specifications and
Engineer's estimate (P, S & E); Fernleaf
Avenue Storm Drain Fund. (See report
from Public Works - Budget Amendment -060,
above)
BA -063, Removed from the Consent
Calendar.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
0
1. Proposed ordinance was presented for
introduction, and adoption on April 9,
1984, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 1.25 OF THE
NEWPORT BEACH MUNICIPAL CODE
REGARDING CAMPAIGN CONTRIBUTIONS.
(Report by the Ad Hoc Elections
Procedural Review Committee).
Volume 38 - Page 94
Elections/
Cntrb
(39)
COUNCIL MEMBERS
Motion
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Motion
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CITY OF NEWPORT BEACH
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MINUTES
March 26, 1984
INDEX
Motion was made to introduce Ordinance Ord 84 -11/
No. 84 -11, and pass to second reading Introd
and adoption on April 23, 1984,
2. Proposed VIDEOPLAN, (no -cost
videocassette service program
exclusively for libraries) Agreement
between the City of Newport Beach Public
Library and Professional Media Service
Corp., was presented with a report from
Library Board of Trustees.
Council Member Strauss indicated his
concern as to whether the proposed
program was an appropriate function for
the City to undertake, and questioned if
such a program would be competing with
commercial enterprise.
Mary Richmond, Chairman, Board of
Library Trustees, addressed the Council
and cited reasons the Board felt the
subject program was needed. She stated
that Newport Beach would be the seventh
City in Orange County to implement a
Videoplan. She also stated she did not
feel it would be competitive with local
merchants and urged the Council to give
it favorable consideration.
Following comments, motion was made to
approve VIDEOPLAN Agreement (exclusively
for libraries) between the City of
Newport Beach Public Library and
Professional Media Service Corp.
(Contract No. 2405).
Videoplan
Agm /Prfsnl
Media Corp.
C -2405
(38)
Report from Parks, Beaches and PB &R /Pnsla
Recreation Director regarding PENINSULA Pt Bch
POINT BEACH CLOSURE PETITION, was (62)
presented.
The City Clerk advised the City Council
that after the agenda was printed, a
letter from Seymour Beek was received in
support of the 10 p.m. closure because
of the subsequent noise and litter
problem.
Council Member Strauss noted that it
petition had been submitted, requesting
a change from the 12 midnight closure
time of the beach from the Wedge to E
Street to 10 p.m., and stated that if
the request were granted, it could set
precedent for similar requests.
It was further noted that the Parks,
Beaches and Recreation Commission,
following consideration of said request,
recommended that the beach from E Street
Volume 38 - Page 95
COUNCIL MEMBERS
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Motion
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1984
to the Wedge be open until midnight with
the provision of additional police
enforcement, and that additional signs
be posted on the beach in the area of E
Street to the Wedge notifying people of
the beach closure time.
Mrs. Patricia Eichenhofer, 2128 E. Ocean
Boulevard, addressed the Council and
stated that the reason their group is in
support of the 10 p.m, beach closure is
because people are staying overnight on
the beach which causes increased noise
and traffic, thereby disturbing the
residents in the immediate area. She
also suggested a lifeguard be placed on
patrol of the beach.
Police Chief Charles Gross addressed the
Council and stated that there would be
similar problems regardless of what time
the beach were to close. He stated that
it was no more difficult to enforce the
10 p.m. closure than at 12 midnight.
David Harshbarger, Marine Director,
addressed the Council and stated that
the Balboa Pier parking lot is staffed
and patrolled 24 hours to collect fees
and insure no sleeping in vehicles. He
stated that if the beach were closed at
10 p.m. from the Wedge to E Street, he
would suggest that one jeep and one man
be added to patrol the area from 9 p.m.
to 1 a.m. for the summer season. The
estimated cost for personnel and
equipment is $4,500. In addition,
police assistance may also be needed.
R. G. Mitchell, 2172 E. Ocean Front,
addressed the Council and spoke in
support of closing the beach at 10 p.m.
He stated that many of the nighttime
users are ":repeats," weekend after
weekend, and are an entirely different
breed than daytime users. He stated he
did not feel the beach closure was being
enforced properly, and suggested that
citations be issued to those violators.
He stated that many people leave the
beach when requested by law enforcement,
but return shortly after police
officials have left the area.
Following discussion, motion was made to
uphold the recommendation of the Parks,
Beaches and Recreation Commission and
keep the beach from E Street to the
Wedge open until midnight, with the
provision of additional police
Volume 38 - Page 96
Beach
MEMBERS
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Motion,
Ayes
Noes x x
Ayes ( x Ix
Noes
Abstain
Motion
All Ayes
Motion
All Ayes
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CITY OF NEWPORT BEACH
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x x x
x x
x x x x x
x
MINUTES
March 26, 1984
enforcement, and that additional signs
be posted on the beach in the subject
area notifying people of the beach
closure time.
Substitute motion was made to close the
beach from E Street to the Wedge at 10
p.m. on a trial basis between now and
October 1, which motion FAILED.
The motion on the floor was voted on and
carried.
4. BA -063, $5,000 - Transfer in Budget
Appropriations for appraisal of the
effects of raising the Newport Boulevard
Channel Bridge on values of properties
upstream of the bridge; Public Works
Admr. & Engr. Fund, was presented with
report from Public Works.
In response to Council Member Strauss,
the Public Works Director stated that
the purpose of this appraisal is to
ascertain if there would be a legal
basis for forming an assessment
district, whereby the benefitted
property owners would pay for all, or a
portion of the cost of a higher bridge.
With respect to the estimated cost of
the appraisal, it was difficult for the
appraiser to give a definite cost amount
because of the nature of the appraisal.
Following .comments, motion was made to
approve Budget Amendment No. 063 as
requested.
Npt B1 /Chnl
Brdg
(74)
5. Letter from H. Ross Miller regarding JUse Permit
opposition to downzoning property in 3075
Corona Highlands in connection with the (88)
Rumney Enterprises condominium project
(Use Permit No. 3075), was presented.
Council Member Agee advised that he will
respond to Mr. Miller, stating that he
has no intentions of downzoning the
subject area; however, he did feel that
it was time for reevaluation of the
zoning standards.
Motion was made to refer the subject
letter to the Planning Department for
inclusion In the records.
Volume 38 - Page 97
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Motion
All Ayes
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MEMBERS MINUTES
x
March 26, 1984
6. Report from Parks, Beaches and
Recreation. Director regarding COMMERCIAL
USE OF PUBLIC RECREATION FACILITIES
(COUNCIL POLICY I -5, USE, PRIORITIES AND
FEES FOR FACILITIES AND EQUIPMENT; AND
COUNCIL POLICY G-4, USE OF CITY
FACILITIES), was presented.
Motion was made to refer the subject
report back to the Parks, Beaches and
Recreation Commission for a more
comprehensive review and report back on
April 23, 1984.
Council Member Agee indicated that the
method for reserving City facilities was
unclear to him.
The motion on the floor was voted on and
carried.
7. Proposed resolution calling for the
preparation of a Mariners Mile Highway
Improvement and Implementation Program
and delaying major improvements in the
Mariners Mile area until the program is
approved by the City Council, was
presented with a report from Public
Works and Mariners Ad Hoc Traffic
Circulation Committee.
The Public Works Director summarized the
above reports and answered questions
relative to the recommendations of the
Ad Hoc Committee.
Jim Dale, Chairman of the Mariners Mile
Traffic Circulation Ad Hoc Committee,
addressed the Council and commended
those who served on the committee, as
well as City staff members.
Rolly Pulaski, Architect, 5120 Birch
Street, addressed the Council and
expressed his concerns regarding the
extension of Avon Street to join Santa
Ana, and its impact on a proposed
development in the area.
Discussion ensued wherein the Public
Works Director noted that the word
"consideration" in the last line of the
proposed resolution should be changed to
"approved."
Motion was made to adopt Resolution No.
84 -26, as revised, calling for the
preparation of a Mariners Mile Highway
Improvement and Implementation Program
and delaying major improvements in the
Mariners Mile area until the program is
approved by the City Council.
Voiume 38 - Page 98
Impvm
84 -26
COUNCIL MEMBERS
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Motion
All Ayes
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A Ayes
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1984
It was pointed out that Recommendations
No. 1, 2 and 3 of the'ad hoc committee
were included in the above resolution;
that Recommendation No. 4 pertains to a
proposed new ad hoc committee to review
Mariners Mile Specific Area Plan; and
Recommendation No. 5 did not require any
Council action.
Motion was made to direct the City
Attorney to prepare a resolution
establishing an ad hoc committee to
review the Mariners Mile Specific Area
Plan in conjunction with the development
of the Highway Improvement and
Implementation Program.
Mayor Hart made reference to paragraph 2
of Recommendation No. 4, which states in
part, "The widened six -lane Pacific
Coast Highway and extended Avon Street
shall be. ." and suggested the word
"shall" be changed to the word "may,"
which was acceptable to the maker of the
motion.
The motion was voted on and carried.
8. Claim of Herbert Maxwell Andrews, Jr., Andrews/
to indemnify and hold harmless for any Claim
claim arising under the court case (36)
regarding Edna Hood, was presented.
Pursuant to recommendation from the City
Attorney, motion was made to defer
action on said claim to April 9, 1984.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 84 -7, being, Ord 84 -7
GPA 83 -2/
AN ORDINANCE OF THE CITY OF NEWPORT Zoning
BEACH ADOPTING A PLANNED COMMUNITY (94)
DEVELOPMENT PLAN FOR THE
DEVELOPMENT OF THE CORONA DEL MAR
ELEMENTARY SCHOOL SITE, AND
AMENDING PORTIONS OF DISTRICTING
MAP NO. 16 SO AS TO RECLASSIFY SAID
PROPERTY FROM THE UNCLASSIFIED
DISTRICT TO THE PLANNED COMMUNITY
DISTRICT (PLANNING COMMISSION PCA 599
AM=mENT NO. 599),
was presented for second reading and
adoption, with report from the Planning
Department.
Volume: 38 - Page 99
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
March 26, 1984
MINUTES
84 -9
Rstrctn
(63)
1(
h of
Canyon/
Mayor Hart requested that the attachment
to the ordinance be designated as
Exhibit "A," and that the word
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"regulations" on said Exhibit be changed
to "Text" in order to be in conformance'
with the ordinance.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
84 -7, as corrected.
2. ORDINANCE NO. 84 -9, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REPEALING SECTION 12.40.055.1
REGARDING PARKING OVERSIZED
VEHICLES IN RESIDENTIAL DISTRICTS,
was presented for second reading and
adoption, with report from City Attorney
dated March 7, 1984.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
84 -9.
I. CONTINUED BUSINESS:
1. Reports from the City Manager and City
Attorney concerning acceptance of the
MOUTH OF BIG CANYON, were presented.
The City Manager made reference to a
letter from The Irvine Company dated
•
March 9, 1984, reiterating their
as follows:
proposal
o Land area to be dedicated to the
City comprises all 39.5 acres in
Mouth of Big Canyon including
slopes and the 2.5 acre area near
Jamboree previously identified as a
potential building site.
o Irvin: Company to receive total of
5 acres of park .credit.
o Park credits would be applicable to
the following Irvine Company
residential projects:
Newport Center Block 800;
PCH Frontage (Villa Point
Apts.)
Newport Village
Big Canyon Area 10
Big Canyon Area 16 (Big Canyon
Villa Apts.)
Other sites which the City may
determine are in similar
proximity to Mouth of Big
Canyon
•
Volume: 38 - Page 100
84 -9
Rstrctn
(63)
1(
h of
Canyon/
COUNCIL MEMBERS
•
Motion
•
x
CITY OF NEWPORT BEACH
Ayes
Noes I xI xI xlxlxlxlx
•
MINUTES
March 26, 1984
o Irvine Company will repair slopes
to City specifications and
indemnify City against slope
failure for a period of three
years.
Motion was made to accept the slopes as
proposed in the March 9, 1984 letter
from The Irvine Company with the
following conditions:
1) That the slopes be repaired
(including tops of slopes) in
conformance with recommendations of
the August 15, 1983, slope report
prepared by Leighton and
Associates, and in accordance with
the requirements of the Grading
Engineer and the Public Works
Department;
2) That The Irvine Company
indemnify the City against slope
failure for a period of three years
from the time the slope repair work
is completed. The company is to
agree to repair or have repaired
any failures occurring during that
time; and
3) That The Irvine Company and City
work with the contiguous property
owners to get an agreement on their
part to control their surface and
subsurface water flow onto the
slopes.
Council Member Strauss stated that he
did not feel The Irvine Company's
proposal made "good sense" from the
City's point of view, and expressed his
concerns regarding the amount of land
area to be dedicated, and the three -year
indemnification clause.
In response to Council Member Plummer,
the City Manager stated that 28 areas
have been identified in the report,
which are In need of repair at an
estimated cost of $180,000 to $200,000;
said cost to be borne by The Irvine
Company.
The motion was voted on and carried.
Council Member Strauss stated that he
felt the City has assumed a
responsibility in which the three -year
idemnificat:ion period is too short.
Volume 38 - Page 101
Mouth of
Big Canyon
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAlo\0\04�'V March 26, 1984
Rni 0`
MINUTES
I :Tf bT nvj
J. CURRENT BUSINESS:
•
1. Report from Traffic Affairs Committee Traffic
regarding TRAFFIC CONTROL ON BACKBAY Cntrl /Back
DRIVE, was presented. Bay Dr
(85)
The City Manager summarized the subject
report and three options available.
Motion
x
Mayor Pro Tem Maurer stated that there
are a number of citizens interested in
this item who use Backbay Drive for
recreational purposes. He, therefore,
made a motion to defer action until
April 23, 1984, so that those
individuals have an opportunity for
input.
David Lewis, 505 Begonia Avenue,
addressed the Council and stated it was
his understanding at the March 12, 1984
Council meeting, that he would be
notified in writing when this item was
to be considered. He stated that he
concurred in the motion to defer action
in order to allow public input.
Ayes
x
x
x
Following discussion, the motion was
Noes
x
x
x
x
voted on and FAILED.
Motion
x
Motion was made to direct staff to
Ayes
x
x
x
x
review signing, striping and other
X
x
x
safety measures on Backbay Drive between
San Joaquin Hills Road and Eastbluff
Drive once the road repairs are
completed.
2. Report from Public Works on ALLEY PAVING PW /Alley
IN BLOCK 431, LANCASTER'S ADDITION TO Paving
NEWPORT BEACH (in City Block bounded by (74)
Newport Boulevard, 32nd Street, Villa
Way, and 31st Street), was presented.
Motion
x
Motion was made to direct staff to
All Ayes
continue the proceedings; and authorize
staff to employ the firm of Duca and
McCoy Consulting Civil Engineers, of
Corona del Mar, to prepare plans and an
estimate for improving both of the
alleys in Block 431, Lancaster's
Addition to Newport Beach, for a fee not
to exceed $3,150.
3. Report from Public Works regarding ALLEY ?W/Alley
PAVING IN BLOCK 11, FIRST ADDITION TO Paving
NEWPORT HEIGHTS (in City block bounded (74)
by Cliff Drive, Santa Ana Avenue, and La
Jolla Drive), was presented.
•
Volume 38 - Page 102
•
Motion
All Ayes
Motion
All Ayes
n
A Ayes
•
MEMBERS
x
x
X
CITY OF NEWPORT BEACH
MINUTES
March 26, 1984
Mary Larrick, 3000 Cliff Drive, and
Maxine Broback, 317 Santa Ana Avenue,
addressed the Council in support of the
alley improvements.
Motion was made to direct staff to
continue the proceedings; and authorize
staff to employ the firm of Duca and
McCoy Consulting Civil Engineers, of
Corona del Mar, to prepare plans and an
estimate for improving both of the
alleys in Block 11, First Addition to
Newport Heights for a fee not to exceed
$3,150.
K. ADDITIONAL BUSINESS:
1. Motion was made to schedule public
hearings on the following items:
(a) May 14, 1984 - Traffic Study
and Certificate of Correction for
Tract 11018 - GPA 83 -1(c);
(b) April 23, 1984 - Amendment No.
6 to Newport Place Traffic Phasing
Plan; and
(c) April 23, 1984 - Traffic Study
and Residential Coastal Development
Permit No. 9 - GPA 83 -2(c) Planning
Commission Amendment No. 605.
2. Motion was made to direct Off- Street
Parking Committee to work with Traffic
Engineer and other appropriate members
of staff regarding trolley /shuttle
study.
Meeting adjourned at 10:10 p.m.
ATTEST:
CITY CLERK
Volume: 38 - Page 103
83 -1(c)/
Study &
(Correction
IAmnd#6 /Npt
P1 Tfk Phsg
GPA 83 -2(c)/
Tfk Study &
Rsdntl CDP
#9 /PCA 605
Transportn/
Shuttle Stdy