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HomeMy WebLinkAbout10/09/1979 - Regular MeetingCOUNCILMEN s%� ROLL CALL �S CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 9, 1979 MINUTES INDEX Present < x x x x x A. ROLL CALL Absent x • B. The City Clerk stated that the Minutes of the Adjouned Council Meeting of October 1 would be presented on October 23, 1979. 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 continued public hearing Resub 624 regarding Resubdivision No. 624, a request of (84) Virginia Dey to create one parcel of land to per- mit the conversion of an existing triplex into a three -unit residential condominium complex, locat- ed at 111 Via Lido Nord on Lido Isle; referred to the City Council by the Planning Commission with no recommendation. A report was presented from the Community Develop- ment Department. Ruthelyn Palmer addressed the Council in favor of Resubdivision No. 624. Suzie Ficker, representing the Central Newport Beach Community Association, addressed the Council regarding the decrease in rentals attributable to etion condominium conversions. x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Councilman Hummel made a motion to deny Resubdiv- Ayes x x x ision No. 624, with the finding that the project Noes X x x is not consistent with Chapter 20.73 of the New- port Beach Municipal Code in that it does not com- ply with proposed regulations pertaining to zoning requirements, lot size or vacancy rate, which motion failed Motion x Councilman Heather made a motion to approve Ayes x x x Resubdivision No. 624, which motion also failed. Noes x x x Motion x Councilman McInnis made a motion to reopen the Ayes x x x public hearing, which motion failed. Noes x x x •Volume i I i 33- Page 282 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 1Ci's '�i �,�. �� S•� tip 2i �O y9G22i F 9 T F s ROLL CALL 3(T 9 C)rtnhPr 9_ 1979 INDEX 2. Mayor Ryckoff opened the continued public hearing Resub 636 regarding Resubdivision No. 636, a request of (84) Molina Enterprises to create one parcel of land to permit the construction of a two -unit residen- tial condominium complex at 122 -43rd Street, on the southwesterly side of 43rd Street between West Balboa Boulevard and Seashore Drive in West New- port, zoned R -2; referred to the City Council by the Planning Commission with no recommendation. A report was presented from the Community Develop-. ment Department. George Molina, the applicant, addressed the Coun- cil. Motion x The hearing was closed after it was determined All ayes that no one else desired to be heard. Motion x Resubdivision No. 636 was approved, subject to Ayes x x x x x the following findings and conditions: Noes x A. FINDINGS: 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 specif- ic plans and the Planning Commission is satisfied with the plan of subdivis- ion. • 2. That the proposed resubdivision present no problems from a planning standpoint. B. CONDITIONS: 1. That a parcel map be filed. 2. That all improvements be constructed as required by ordinance and the Public Works Department. 3. That each proposed dwelling be provided with individual connections to the pub- lic water and sewer facilities. 4. That separate electric and gas meters shall be provided for each dwelling unit. 5. That a minimum of two off - street park- ing spaces (including at least one - garage space) per dwelling unit shall i be maintained for vehicular storage. • i i Volume 33- Page 283 COUNCILMEN 93 ��,psir S ROLL CALL MINUTES INDEX E. ORDINANCES FOR SECOND READING: 1. Ordinance No. 1818, being, Parking AN ORDINANCE OF THE CITY OF NEWPORT BEACH Requirements • AMENDING SECTIONS 20.11.030, 20.14.070, 0 -1818 20.15.070, 20.16.075, 20.17.075, 20.33.030 (94) (F) OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO REQUIRED PARKING FOR RESIDEN- TIAL USES, Planning Commission Amendment No. 535, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20 of the Newport Beach Municipal Code as it pertains to required parking for residential uses, and the acceptance of an Environmental Document. A letter received after the agenda was printed was presented from David A. W. Young opposing the ordinance. Motion x Councilman Heather made a motion to postpone Ordinance No. 1818 to October 23 so it could be heard with the Corona del Mar Development Stan- dards. Arvo Hasps and Margot Skilling addressed the Council and asked that the ordinance be postponed to October 23. Ayes X x x x x A vote was taken on Councilman Heather's motion, �es x which motion carried. Assemblywoman Marian Bergeson addressed the Council regarding various legislation concerning the City. 2. Ordinance No. 1823, being, Water Rates 0 -1823 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (93) AMENDING SECTION 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR AUTO- MATIC WATER RATE ADJUSTMENT FROM AND AFTER JANUARY 1, 1980, was presented for second reading. Motion x Ordinance No. 1823 was adopted. All Ayes F. CONTINUED BUSINESS: 1. A report was presented from the Community Develop County ment Department regarding annexation of the Count3 Triangle Triangle as permitted under the Municipal Organ- (21) ization Act of 1977 (MORGA -AB 1533). The following people addressed the Council in favor of the annexation: David Shores, Dorothy Parker of the Newport Crest Association, and Bill Hardesty. • i Volume 33 - Page 284 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ,A v 2 ?ice 9 OT y G� 2i ROLL CALL d' n + tie. o �o�e INDEX Suzie Ficker addressed the Council in behalf of S.P.O.N asking for information regarding the den- sity and drainage in the triangle area. lion x Resolution No. 9647, applying to the Local Agency R -9647 11 Ayes Formation Commission of Orange County for auth- orization to annex to the City of Newport Beach certain inhabited territory surrounded by the City of Newport Beach and known as the "County Trian- gle" pursuant to Cite Municipal Organization Act of 1977, Annexation No. 87; was adopted. 2. A report dated August 13, 1979 was presented from Litter the Chairman of the Litter Control Citizens Advi, Control sory Committee regarding appointments to that CAC Committee. (24) Motion x Councilman Hummel's appointment of a member to All Ayes fill the unexpired term of Helen Anderson ending December 31, 1979 was postponed to October 23,' 1979. - 3. A report dated October 1, 1979 was presented from Harbor the Marine Department regarding Harbor Permit Permits Applications to construct a wood retaining wall (51) at 1907, 1909, 1911 and 1913 E. Bay Avenue from the following: 11109 -1907, William Ware; #109 -1909, Henry Buckingham; #109 -1911, Martha Button and 1109 -1913, Don Russell. • Marine Director David Harshbarger gave a brief staff report regarding vacated East Bay Avenue. Sue Ficker addressed the Council and opposed bulkheading. Applicants Don Russell and Sid Button addressed the Council and urged approval, stating their homes were being endangered. Motion x Mayor Ryckoff made a motion to deny the applicat- ions. Motion x Councilman Hart made a substitute motion to con - Ayes x x x x x tinue the item to November 26,-1979, which motion Noes x carried Motion x 4. The Mayor's appointment of Judy Clark as the al- OrCo Housing Abstain x x x x x ternate on the Orange County Housing Authority Authority Advisory Committee was confirmed. (54) G. CURRENT BUSINESS 1. A report was presented from the Public Works Vacation/ Department regarding the vacation and abandonment Acacia Street I i of a portion of Acacia Street. (90) • 1 i i Volume 33 -Page 285 CITY OF NEWPORT BEACH COUNCILMEN MINUTES cn� N ROLL CALL Ortnhar Q I Q7Q INDEX Motion x The following resolutions were adopted. All Aye Resolution No. 9648 adopting a map showing the R -9648 • portion of Acacia Street which is proposed to be vacated, closed up and abandoned. Resolution No 9649 declaring the Council's R -9649 intention to order the closing up and abandon- ment of a portion of Acacia Street and setting a public hearing for November 12, 1979. 2. A report was presented from the Public Works Encroachment Department regarding the application of Dr. and (65) Mrs. Tucker for an encroachment permit for a second curb cut at 218 Evening Star Lane. Motion x The application for a second curb cut at 218 All Ayes Evening Star Lane was approved. 3. A report was presented from the Public Works Ensign VW Department regarding Ensign View Park. Park/Storm Drain Rick Richardson addressed the Council and opposed (79) the proposed easements. Jim Penney, attorney representing the owner of property at 2500 W. Coast Highway, addressed the Council and urged the Council to take action to alleviate the flooding problem on that property. Motion x The plans and specifications for the storm drain Ayes were approved, and the following resolutions were adopted: Resolution No. 9650 declaring the necessity of R -9650 condemnation, requiring the taking of an easement for storm drain purposes and a temporary con- struction easement for property southerly of En- sign View Park in the City of Newport Beach, as authorized pursuant to the Charter of the City of Newport Beach and Section 38350.5 of the California Government Code, finding that the public interest and necessity require the project "that`.the project'-is planned'aud located'i.in. the manner that will be most compatible with the greatest public good and the least private injury that the property described in the resolution is necessary for the proposed project, authorizing the City Attorney to institute condemnation pro- ceedings and authorizing the Finance Director to make a deposit in court for possession of the subject property prior to judgment. i I Volume 33- Page 286 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 4i�•� y�0 y9GP 2� ROLL CALL Resolution No. 9651 finding urgent necessity for R -9651 the preservation of property, authorizing the staff solicitation of bids for the construction • of a storm drain line to carry storm water from Ensign View Park to an existing City - maintained drainage pipe running between Cliff Drive and West Coast Highway and containing a declaration of facts constituting such urgency. H. CONSENT CALENDAR: Motion x The following actions were taken as indicated All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - None 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No 9652 authorizing the Mayor and Resub 579 City Clerk to execute a Subdivision Agree- R -9652 ment between the City of Newport Beach and (84) The Irvine Company in connection with the completion of public improvements required with Resubdivision No. 579. (A report from the Public Works Department) (b) Resolution No. 9653 designating an intersec- Stop Signs tion at which vehicles are required to stop R -9653 and directing the Traffic Engineer to erect (81) necessary stop signs (Antigua Way and Hamp- shire Lane). (A report from the Traffic Affairs Committee) • (c) Resolution No. 9654 designating an intersec- Stop Signs tion at which vehicles are required to stop R -9654 and directing the Traffic Engineer to erect (81) necessary stop signs (Santiago Drive and Hampshire Lane). (See above report from Traffic Affairs Committee) (d) Resolution No 9655 authorizing the Mayor Lifeguard and City Clerk to execute an agreement be- Services tween the City of'Newport Beach and the I R -9655 County.of Orange for lifeguard financial (51) assistance for the fiscal year 1979 -80. (A report from the Marine Department) (e) Resolution No. 9656 amending the Compensatiox Personnel Plan and Table of Authorization of Permanent Classification Employee Classes for the 1979 -80 Fiscal R -9656 Period as amended (Fire Department) (A report (66) from the City Manager) • I I i i iVolume i 33 Page 287 CITY OF NEWPORT REACH COUNCILMEN N t'c V 9G 22 9� ' ROLL CALL October 9. 1979 MINUTES INDEX Volume 33 Page 288 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply a letter from R. H. Clucas • regarding parking control. (Attached) (64) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk for filing and inclusion in the records: (a) Copies of letters from the Newport Harbor Area Chamber of Commerce to Senator Schmitz and Assemblywoman Bergeson with a Resolution and Request regarding the "Upper" or "Back Bay" of Newport Beach. (Attached) (51) (b) A letter to the City Clerk from Senator Schmitz regarding the status of legislation on which the City had expressed concern. (48) (Attached) (c) Notices of hearings from the Local Agency Formation Commission regarding the following: (21) Proposed annexation to Mesa Consolidated Water District designated Annexation No. 79-' -approximately 9.8 acres, located northerly of Baker and easterly of Bear; Parcel 2 -,0.92 acres, located southerly of Paulerino and easterly of Bear. (d) Public Utilities Commission: (28) Notice of filing of application and advice letter in the matter of application of South- ern California Gas Company to increase re- venues. Opinion in connection with the application of Pacific Telephone and Telegraph Company for authority to split the present yellow page directories for Orange County into five yellow pages directories to be known as Full- erton, Anaheim, Santa Ana, E1 Toro and Orange Coast South. (e) Agenda of the Board of Supervisors meeting of October 2, 1979. (56) (f) A letter from William L. Kennedy commending the Utilities Department on its efficiency i and courtesy. (Attached) (37) (g) A letter from the Lido Isle Community Assoc- iation to the General Services Refuse Depart- ment expressing appreciation for assistance i on the Isle's Clean -up Day, Sunday, Septem- ber 16. (Attached) (37) i I (h) Removed from the Consent Calendar. Volume 33 Page 288 1, 1111111 111'! 1 as ! { i COUNCILMEN �A l�9�0 A\9�22i C ?rT�9NJ+ ROLL CALL S MINUTES INDEX 4. (1) Letters from Spencer Crump and Mrs. E. Maloney expressing support for Ordinance No. 1824 (Planning Commission Amendment No. 524 - • Corona del Mar development standards). (94) (Attached) (j) A letter from the Cliff Haven Community Association thanking Council for approving the Traffic Plan for the Cliff Haven /Newport Heights area. (Attached) (85) (k) Minutes of the Friends of Oasis Board Meeting of September 17, 1979. (Attached) (62) (1) Minutes of the Local Agency Formation Commis- sion meeting of September 12, 1979. (21) (Attached) (m) A petition bearing 12 signatures opposing amendment 524. (Attached) (94) (n) A letter signed by "St James Rd. Neighbors" regarding the stop signs on 15th by Kings Place and Signal. (Attached) . (81) 5. CLAIMS FOR DAMAGES - For denial and confirmation Claims of the City Clerk's referral to the insurance (36) carrier: (a) Claim of Clarke - Marine Insurance for Edward Clarke - H. Flach for property damage on September 14, Marine Ins/ • 1979 at 829 Harbor Island Drive when Mr. Flach Flach's car was allegedly struck by a City vehicle. (b) Claim of K.N. Clissold for Steven J. Clissold Clissold for personal injuries on June 23, 1979 at 120 45th Street allegedly caused when Steven was arrested and assaulted by the Police Department. (c) Claim of Barbara Doreman for Lori Doreman Doreman for personal injuries on August 6, 1979 when Lori fell while rollerskating on a sidewalk that was allegedly unsafe one black from the; pie;'. (d) Claim of Otto and Phyllis Christensen for Christenson property loss on June 21, 1979, allegedly because burglarly items from 2021 Altura which were recovered by the Newport Police and retained for photography were later missing when property was returned to claim- ant. 6. SUMMONS AND COMPLAINTS: None, 7. REQUEST TO FILL PERSONNEL VACANCIES - For Approval (A report from the City Manager) (66) I (a) One Assistant Planner, Current Plans Division • Community Development Department, to fill a position now vacant. i Volume 33- Page 289 CITY OF NEWPORT BEACH COUNtLM EN MINUTES yG y yA ROLL CALL J' P n . tiva a io�o INDEX (b) One Assistant Traffic Engineer, Public Works Department, to fill a position now vacant. • (c) One Firefighter I, Fire Department, to fill a newly created position. (d) One Typist Clerk I, Fire Department, to fill a newly created position. (e) One Civil Engineer - Grading, Community Develop- ment, to fill a position now vacant. 8. COMMISSION, COMMITTEE AND STAFF REPORTS - For Council information and filing: (a) A report from the Traffic Affairs Committee TrfC Affairs regarding bylaws. (Attached) (24) 9. PUBLIC BEARING SCHEDULING - Set for public hearing on October 23, 1979: (a) General Plan Amendment 79 -1, a request Gen Plan initiated by the City of Newport Beach (45) to consider proposed amendments to the Land Use, Residential Growth and Recreation and Open Space Elements of the General Plan, and the acceptance of Environmental Document. (A report from the Community Development Department) 10. LIDO ISLE SEWER 'FORCE MAIN (C -2108) - Approval Lido Isle Sewer . of the plans and specifications, and author'iza- Force Main tion to the City Clerk to advertise for bids to (38) be opened at 2:30 p.m, on November 6, 1979. ( A report from the Public Works Department) 11. BUDGET AMENDMENTS - For approval: Budget Amendments BA -022, $33,000.00 transfer of Budget Appropria- (25) tions. for completion of funding for acquisition of drainage easements and cons Lruction of Ensign View Park storm drain, from General Fund to Park and Recreation Fund. (See Agenda Item G -3) 2. ITEMS REMOVED FROM THE CONSENT CALENDAR: Mayor Pro Tem Williams joined the meeting and took his seat at the Council table. 1. Letters opposing and /or asking for reconsider- Condominium ation of the condominium conversion ordinance Conversions were presented from the following: Margaret (94) Hall, Ruthelyn Plummer, S. C. Osadche, and Russell Griffith. Motion x Councilman McInnis made a motion to bring Ayes x x x Ordinance No. 1817 back for reconsideration, Noes x x x x which motion failed. I i i 'Volume 33 - Page 290 COUNCILMEN ; ��F � C9�O,� y9S22i ROLL CALL �d Motion Ayes 6a Motion Ayes Noes Motion Ayes !Noes Motion Ayes dNoes Abstain CITY OF NEWPORT BEACH MINUTES n,t+ knr Q 1979 INDEX Highway (43) R -9657 Condominium Conversions (94) x The staff was directed to reply to the letters stating that the motion to reconsider the ordin- x x x x x x ance had failed, and that Councilman McInnis .would 11 ask-that it be placed on a future Study Session. J. ADDITIONAL BUSINESS: 1. San Joaquin Hills Transportation Corridor: x Mayor Pro Tem Williams made a motion for the • x Council to continue to support the Alternate X x x I x 2 alignment at the westerly end of the corridor, which motion failed. x Mayor Ryckoff made a motion to adopt Resolution • x x x x x No. 9657, a resolution of the City Council x expressing support for the Alternate 5 alignment for the westerly end of the San Joaquin Hills Transportation Corridor, which motion carried. 2. A report was presented from the Community Develop- ment Department regarding the implementation of Ordinance No. 1817 - Rental Vacancy Survey. x Mayor Ryckoff made a motion to adopt Alternate 3 x x x in the staff report, which would eliminate all • x x rental dwelling units which are inappropriate or x ineligible for conversion to condominiums, which motion failed. The City Manager stated that the staff would then conduct its inventory on 15% on the City's rental units, excluding single - family detached residences and mobile homes. There being no further business to come before the Council, the Mayor adjourned the meeting at 10:45 P.M. yor ATTEST: City Clerk �41FO;~5a�. I I i Volume 33- Page 291 INDEX Highway (43) R -9657 Condominium Conversions (94)