HomeMy WebLinkAbout10/09/1979 - Regular MeetingCOUNCILMEN
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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
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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
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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
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be maintained for vehicular storage.
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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.
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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
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of a portion of Acacia Street.
(90)
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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.
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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)
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ROLL CALL October 9. 1979
MINUTES
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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)
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(h) Removed from the Consent Calendar.
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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.
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(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.
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Motion
Ayes
6a
Motion
Ayes
Noes
Motion
Ayes
!Noes
Motion
Ayes
dNoes
Abstain
CITY OF NEWPORT BEACH
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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
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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
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INDEX
Highway
(43)
R -9657
Condominium
Conversions
(94)