HomeMy WebLinkAbout03/22/1976 - Regular MeetingCOUNCILMEN CITY OF NEWP® Y BEACH
® REGULAR COUNCIL MEETING
�A$��g �vp $ Place: Council Chambers
O ��a�On�M �+` Time: 7:30 P.M.
ROLL CALL__�\O * a�w Date: March 22, 1976
MINUTES
Pr�t
x
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xlx
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion.
x
March 8, 1976 was waived, and said Minutes were approved as
Ayes
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x
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written and ordered filed.
The reading in full of all ordinances and resolutions
Motion
x
under consideration was waived, and the Acting City Clerk
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was directed to read by titles only.
HEARINGS:
1. Mayor McInnis opened the public hearing to determine
if the boundaries of Underground Utilities District
No. 4 should be amended to include a strip of land
approximately 50 feet wide along the northerly side
of the Pacific Coast Highway between Jamboree Road
and MacArthur Boulevard.
A report was presented from the Public Works Director.
Motion
The hearing was closed after it was determined that
Ayes
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x
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y
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no one desired to be heard.
Resolution No. 8721, amending Underground Utility
District No. 4 by annexing thereto certain territory
located on the northerly side of Coast Highway
easterly of Jamboree Road to easterly of MacArthur
Boulevard and ordering the removal of poles, overhead
wires and associated overhead structures and the
underground installation of wires and facilities for
supplying electric, communication or similar or
Motion
x
associated service within that area of the City
Ayes
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x
x
x
x
x
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located within said district, was adopted.
2. Mayor McInnis opened the public hearing regarding
General Plan Amendment 76 -1, consisting of the
following three parts:
(A) An amendment to the Land Use Element and Recre-
ation and Open Space Element to add "Adminis-
trative, Professional and Financial Commercial"
and "Recreational and Environmental Open Space"
as alternate uses, in addition to the "Recre-
ational and Marine Commercial" designation, for
the property at the southeast corner of Bayside
Drive and Marine Avenue, and to add the following
wording to Page 16 of the Land Use Element:
"Any development of the property at the south-
east corner of Marine Avenue and Bayside Drive
should assure that a view triangle, with its
apex at the intersection of Marine Avenue and
Bayside Drive, is maintained and that adequate
public access to the bay is provided. The
appearance of structures shall be compatible
with, and not offensive to, the surrounding
area. In order to assure that these objectives
will be reached, Planning Commission approval of
the development plans will be required. If
necessary, the property will be rezoned to
accomplish the above."
Volume 30 - Page 56
INDEX
Underground
Utility
District 4
R -8721
General
Plan
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(B) An amendment to the Land Use Element to change
the designation of a portion of the industrially -
designated area of the Newport Place Planned
Community (at the intersection of Bristol Street
and Spruce Avenue) to a mixture of "Adminis-
trative, Professional and Financial Commercial"
and "Retail and Service Commercial."
(C) An amendment to the Land Use Element to change
the designation of a portion of the industrially -
designated area of the Koll Center Newport
Planned Community (at the intersection of Jam-
boree Road and Birch Street) to a mixture of
"Administrative, Professional and Financial
Commercial" and "Retail and Service Commercial."
A report was presented from the Community Development
Department.
The following people addressed the Council and
opposed Amendment (A) in connection with the property
at the southeast corner of Bayside Drive and Marine
Avenue: Bob Millar, President of the Little Island
Property Owners Association; Frank Fulton, President
of the Balboa Island Improvement Association; Hans
Hegna; Morgan Stanley; Andrea Skall and Bill Morris.
David Neish of The Irvine Company addressed the
Council in favor of Amendment (A).
COUNCILMEN
BEACH MINUTE3
ROLL CALL
22, 1976 INDE
and dancing, in conjunction with an existing
•
restaurant; located at 3295 Newport Boule-
vard between 32nd Street and Finley Avenue;
zoned C -1.
A report was presented from the Community
Development Department.
A letter from David R. Baade, attorney, in
behalf of the applicant was presented re-
questing continuance to April 26, 1976.
Letters from Elsie Erikson and Nora R.
Walker were presented opposing the extension
of subject use permits.
David Baade, attorney for applicant, ad-
dressed the Council and requested a contin-
uance of the matter.
The following people addressed the Council
and opposed the extension of the Use Permits:
Quentin Smith, John Callahan, George Deacon,
Warren West, Douglas Smith, Richard W.
Atwell, Mel Atwell, Mr. Monroe, Bob Atwell,
Joe Starr and Vincent Atwell.
Motion
X
Attorney David Baade addressed the Council
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x
x
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again in rebuttal and was granted ten minutes
0
for his presentation.
Motion
x
The hearing was closed after it was deter -
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X
x
x
x
x
X
mined that no one else desired to be heard.
Motion
x
The extension of Use Permits No. 1244, No.
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x
x
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1272 and No. 1419 was denied, and the
action of the Planning Commission was sus-
tained, based on the following findings
supported by the evidence and testimony
received at the hearing:
1. The first finding that the basic oper-
ation has changed since the original
use permits were granted and even since
the last extensions were granted to the
point where the kitchen has been
removed and is now used for office
space and the operation constitutes a
"nightclub" as opposed to the original
food and beverage establishment.
2, That the continuation of live entertai-
nment and dancing in "Smokey Stovers"
will be detrimental to the surrounding
uses since the noise and sound amplifi-
cation can be heard outside the struc-
ture and is a source of complaints from
surrounding neighbors.
3. That adequate parking is not available
for the existing development. There -
Volume 30 - Page 58
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COUNCILMEN
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fore, customers have illegally parked
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in adjoining areas and have blocked the
alley and driveways of nearby resi-
dents.
4. That trash and debris from the operation
of the establishment have accumulated
in the yards of nearby residents as
well as the adjoining alleys and channel.
5. That the behavior and conduct of the
customers of "Smokey Stovers" have
been a source of disturbance to the
surrounding neighbors.
6. That based on the testimony received at
the public hearing there have been
police problems relating to the op-
eration at "Smokey Stover's."
7. That the operation at "Smokey Stovers"
constitutes a public nuisance.
8. That based on the findings heretofore
made the extensions of subject use
permits will, under the circumstances
of this case, be detrimental to the
health, safety, peace, moral comfort
and general welfare of the persons
residing and working in the neigh-
borhood and be detrimental or injurious
to property and improvements in the
neighborhood and the general welfare of
the City.
4. Mayor McInnis opened the public hearing
Blower
regarding the appeal of Floyd A. Blower of
Appeal
the conditions established by the Planning
Commission in the approval of Resubdivision
No. 509, a request to create two parcels of
land for residential development where two
lots and portions of two other lots now
exist; located at 1024 -1028 East Balboa
Boulevard, on the northwesterly corner of
East Balboa Boulevard and "C" Street on the
Balboa Peninsula; zoned R -3.
A report was presented from the Community
Development Department.
Floyd Blower, applicant, addressed the
Council.
Motion
x
The hearing was closed after it was deter -
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x
x
X
Y
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mined that no one else desired to be heard.
ion
21
The recommendation of the Planning Commission
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x
x
x
x
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was overruled, and the use of the existing
nonconforming garage was permitted.
Volume 30 - Page 58A
ROLL(
Motia
Ayes
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Motio
Ay'd
Motio
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COUNCILMEN
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MINUTES
;ALL \Am�V
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AA 0\ March 22, 1976 INDEX
5. A report was presented from the Community Development
Tract 8737
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Department regarding the scheduled public hearing on
Tentative Map of Tract No. 8737, a request of Mariners
Savings and Loan Association, Newport Beach, to
create one parcel of land for condominium medical
office development; located at 320 Superior Avenue,
across Hospital Road from Versailles -on- the - Bluffs;
zoned A -P.
n
x
The hearing was reset for April 12, 1976.
x
x
x
x
6. Mayor McInnis opened the public hearing regarding
Skateboards
Ordinance No. 1660, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1660
ADDING CHAPTER 12.27 TO THE NEWPORT BEACH
MUNICIPAL CODE ENTITLED "SKATEBOARDING REGULA-
TIONS ".
A report from the City Attorney was presented with
the Assembly Committees on Local Government Report
and a copy of Assembly Bill No. 2676.
A report was presented from the Parks, Beaches and
Recreation Commission.
A report was presented from the Police Chief.
rA
report was presented from the Traffic Affairs
Committee.
A letter to the City Attorney from the Orange County
Traffic Commissioner was presented enclosing an essay
on "skateboarding ".
A letter from Warren G. Althoff was presented
opposing the ordinance.
Letters were received after the agenda was printed
from Dick Wandrocke, Kenneth F. Tobiason and Mrs.
John Durkee opposing the ordinance.
The following people addressed the Council in favor
of the ordinance: Ron Robison, President of the
Spyglass Hill Homeowners Association; Walter Heeley;
David Ariss; Archibald Scott; Robyn Mason; James
Casey and Kenneth Tobiason.
The following people addressed the Council in op-
position to the ordinance: Mike Kramer, John Warren,
Bill Sharpe, Harvey Carpenter, Chip Burden, Mike
Johnson, Andy Carpenter, Christie Kwak and Betsy
MacKenzie.
n
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The hearing was closed.
X
x
x
x
x
n
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Ordinance No. 1660 was adopted; and the matter was
x
x
x
x
referred back to the Parks, Beaches and Recreation
Commission to consider the installation of skateboard
areas.
i
Volume 30 - Page 59
ROLL CALL
Motion
Ay
Motion
Ayes
Motion
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Noes
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COUNCILMEN
\\OA 111;\650 6\0
MINUTES
INDEX
ected to prepare a resolution to be
adoption naming the streets and
City where skateboarding will not
the effective date of the ordinance.
READING AND ADOPTION:
9, being,
OF THE CITY OF NEWPORT BEACH
ON 7.04.055 ENTITLED "PENALTY" TO
(DOGS) OF TITLE 7 OF THE NEWPORT
.PAL CODE,
second reading.
•vey Paeden was presented asking that
'.or owners to clean up after their
:ds.
mneth Boss addressed the Council and
Lance.
i9 was adopted.
Lng ,
's OF THE CITY OF NEWPORT BEACH
;TION 7.04.030 OF THE NEWPORT BEACH
)DE PROHIBITING ANIMALS ON PUBLIC
PARKS,
aented from the General Services
r McInnis from Mary Rosburg was
Lag dog nuisances on the beaches.
a made a motion that the ordinance
1.
c.ed that the motion be amended to
to take the necessary steps to
avious Council commitment to co-
)P, which amendment was accepted by
motion.
on Councilman Rogers' motion, which
and the ordinance was not introduced.
as was declared.
3 with all members present except
[ Rogers.
ame 30 - Page 60
Dogs/
Penalties
D -1659
Animal
Control
=Z9r
0V��a \�i�\ March 22, 1976
x
The staff was dix
x
x
x
x
x
I
brought back for
areas within the
be allowed as of
ORDINANCES FOR SECOND
1. Ordinance No. 16`
AN ORDINANCE
ADDING SECT]
CHAPTER 7.01
BEACH MUNIC]
was presented foi
A letter from Hai
the requirement ]
dogs apply to yai
Hans Hegna and Kf
opposed the ordii
x
Ordinance No. 16:
x
x
x
x
CONTINUED BUSINESS:
1. An ordinance, be:
AN ORDINANCI
AMENDING SEI
MUNICIPAL CI
BEACHES AND
was presented.
A report was pre;
Department.
A letter to Mayo,
presented regard.
x
Councilman Roger
not be introduce
Mayor McInnis as
direct the staff
implement the pr
operate with SCO
the maker of the
X
x
x
I
A vote was taken
x
motion carried,
A recess of two minut
The Council reconvene
Councilmen Kuehn and
I
Vol
MINUTES
INDEX
ected to prepare a resolution to be
adoption naming the streets and
City where skateboarding will not
the effective date of the ordinance.
READING AND ADOPTION:
9, being,
OF THE CITY OF NEWPORT BEACH
ON 7.04.055 ENTITLED "PENALTY" TO
(DOGS) OF TITLE 7 OF THE NEWPORT
.PAL CODE,
second reading.
•vey Paeden was presented asking that
'.or owners to clean up after their
:ds.
mneth Boss addressed the Council and
Lance.
i9 was adopted.
Lng ,
's OF THE CITY OF NEWPORT BEACH
;TION 7.04.030 OF THE NEWPORT BEACH
)DE PROHIBITING ANIMALS ON PUBLIC
PARKS,
aented from the General Services
r McInnis from Mary Rosburg was
Lag dog nuisances on the beaches.
a made a motion that the ordinance
1.
c.ed that the motion be amended to
to take the necessary steps to
avious Council commitment to co-
)P, which amendment was accepted by
motion.
on Councilman Rogers' motion, which
and the ordinance was not introduced.
as was declared.
3 with all members present except
[ Rogers.
ame 30 - Page 60
Dogs/
Penalties
D -1659
Animal
Control
ROLL
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Mot
Aye
Abs
Mot
Aye
Noe
Abs
4
Mot
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Abs
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COUNCILMEN
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a * Aim March 22, 1976 INDEX
2. A report was presented from the Community Development
Hillside
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Department regarding Hillside Development Standards.
Dev
Sue Picker addressed the Council and commended the
staff on the proposed standards presented.
Council Policy K -7, "Hillside Development Standards,"
ion
x
was adopted; and this Council Policy, along with the
a
x
x
x
San Clemente ordinance covering hillside development
ent
x
2
standards, was referred to the Environmental Quality
Control Citizens Advisory Committee for a report back
at their convenience.
3. A report was presented from the Parks, Beaches and
Ensign
Recreation Commission regarding the Master Plan for
View
Ensign View Park.
Park
The recommendation of the Parks, Beaches and Recrea-
ion
x
tion Commission to proceed with the development of a
a
E
x
x
X
portion of Ensign View Park for dedication as a
a
x
Bicentennial Park with ceremonies to take place some
ent
x
31
time in July was approved.
CURRENT BUSINESS:
1. A report was presented from the Public Works Depart-
Tract 7989
ment regarding the improvements in Tract No. 7989.
Resolution No. 8723, authorizing the execution of an
R -8723
Amendment to the Subdivision Agreement between the
City and Leadership Housing Systems, Inc. in connec-
tion with the acceptance of improvements in Tract No.
ion
x
7989 (Balboa Boulevard and 19th Street), was adopted;
s
K
x
x
x
x
the public improvements constructed to date with
ent
x
Tract No. 7989 were accepted; and the City Clerk was
authorized to accept Riders for the Faithful Per-
formance Bond and Labor and Materials Bond
decreasing the effective amount of each bond from
$235,000 to $85,000.
2. A report was presented from the Community Development
Tract 9260
Department regarding the Final Map of Tract No. 9260
and
(Phase I - Broadmoor - Pacific View) and the Final Map
Tract 9261
of Tract No. 9261 (Phase II - Broadmoor- Pacific
View), requests of Broadmoor Homes, Inc., Tustin, to
subdivide 21.717 acres into 69 lots for single - family
residential development and one lot for recreational
purposes, and to subdivide 13.593 acres into 49 lots
for single- family residential development and three
lots for landscape purposes; property located on the
southeasterly side of New MacArthur Boulevard, ad-
jacent to the Big Canyon Reservoir in Harbor View
Hills; zoned P -C.
Rob Carley of Raub, Bein, Frost & Associates, repre-
senting the developer, addressed the Council and
stated that they were in agreement with the conditions
imposed.
Volume 30 - Page 61
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March 22, 1976
INDEX
The Final Maps of Tract Nos. 9260 and 9261 were
x
approved, subject to the conditions imposed and
incorporating by reference the findings made by the
It
x
x
x
x
Planning Commission; the reference to lot "A" in
Condition No. 2 was amended to read "Lots 'A', 'B'
and 'C' of Tract 9260 "; and the following resolutions
were adopted:
Resolution No. 8724 authorizing the execution of
R -8724
a Subdivision Agreement between the City and
Broadmoor Homes, Inc. in connection with the
construction of improvements in Tract No. 9260.
Resolution No. 8725 authorizing the execution of
R -8725
a Subdivision Agreement between the City and
Broadmoor Homes, Inc. in connection with the
construction of improvements pertaining to New
MacArthur Boulevard.
Resolution No. 8726 authorizing the execution of
R -8726
a Subdivision Agreement between the City and
Broadmoor Homes, Inc. in connection with the
construction of improvements pertaining to Tract
No. 9261.
3. A report was presented from the Community Development
Tract 8917
Department regarding the Final Map of Tract No. 8917,
a request of The Irvine Company, Newport Beach, to
approve the final map establishing one lot where two
lots and a portion of a third now exist to permit the
conversion of a thirty -four unit apartment building
into a thirty -four unit residential condominium
development; located at 1201 -1325 Bayside Drive, on
the southwesterly side of Bayside Drive, easterly of
the Balboa Island Bridge (Mai -Kai Apartments); zoned
R -3.
A report was presented from the Public Works Director.
Bill Frost of Raub, Bein, Frost & Associates addressed
the Council and stated that he was present to answer
any questions.
rn
x
The Final Map of Tract No. 8917 was approved, subject
x
x
x
x
to the conditions imposed and incorporating by
it
X
reference the findings made by the Planning Commis-
sion; and the following resolutions were adopted:
Resolution No. 8727 authorizing the execution of
R -8727
an agreement between the City and The Irvine
Company in connection with the conversion of the
Mai -Kai Apartments to condominiums (Tract No.
8917).
Resolution No. 8728 authorizing the execution of
R -8728
a Quitclaim Deed for an existing 4 -foot wide
storm drain easement in connection with the
'
conversion of the Mai -Kai Apartments to condo-
miniums.
4. A report was presented from the Public Works Director
Curb Cut/
regarding the application of Don Peterson for a curb
227 SapphiL
cut on Balboa Avenue, Balboa Island to serve 227
Sapphire Avenue.
Volume 30 - Page 62
COUNCILMEN
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ROLL CALL
A y t _
rch 22, 1976 IP! ®EJ(
Don Peterson, applicant, addressed the Council.
M0t`1'6n
x
Councilman Ryckoff made a motion to approve the
application.
Hans Hegna addressed the Council in favor of the
application.
Ayes
K
x
x
x
x
A vote was taken on Councilman Ryckoff °s motion,
Absent
x
x
which motion carried.
5. A report was presented from the Public Works Director
Encroach -
regarding the request of William D. Mowrer for per-
ment
mission to construct a 6 -foot high fence with an 8-
Permit /447
foot high gate in the parkway of Clay Street at 447.
Irvine Av
Irvine Avenue.
Mr. and Mrs. William D. Mowrer, applicants, both
addressed the Council.
Motion
x
Councilman Ryckoff made a motion to grant permission
for the encroachment into the parkway with the con -
dition that a deed restriction be recorded which
would run with the land and be binding on future
owners guaranteeing the removal of the structure
should the property be required for public purposes.
Sue Ficker addressed the Council in favor of the
IN
request.
Ayes
x
x
x
A vote was taken on Councilman Ryckoff °s motion,
Noes
K
x
which motion carried.
Absent
6. A report was presented fxom the Public Works Director
Bicycle
regarding the proposed bike trail surfacing on Back
Trails/
Bay Drive.
Back Bay Dr
A letter from the Friends of Newport Bay was pre-
sented opposing the proposed bike trail surfacing at
this time.
Betsy MacKenzie, Chairman of the Bicycle Trails
Citizens Advisory Committee, addressed the Council in
favor of the proposed bike trail surfacing.
i
Ray Williams, President of Friends of Newport Bay,
addressed the Council and opposed the proposed bike
trail surfacing as proposed at this time.
Motion
x
The matter was referred back to staff for further
Ayes
K
x
x
x
x
input from the Fish and Game Policy Committee and
Absent
x
x
the County.
•
7. A letter from Allana Pfischner was presented re-
Business
questing a waiver on the penalty imposed on a
License
delinquent business license.
Motion
The request for waiver of the penalty was denied.
Ayes
x
x
x
x
Absent
Volume 30 - Page 63
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COUNCILMEN
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March 22, 1976 INDEX
.
8. A letter to Mayor McInnis from Rolly Pulaski in
Bicentennial
behalf of the Balboa Improvement Association was
Bandstand
presented requesting approval of a bandstand in Pen-
insula Park in connection with Bicentennial Ceremo-
nies and requesting the City share in the cost.
A letter was presented from the Parks, Beaches and
Recreation Commission in support of the proposed
bandstand.
Rolly Pulaski addressed the Council asking for
approval of the bandstand.
The installation of a bandstand in Peninsula Park for
initial use as the focal point for the Bicentennial
ceremonies proposed by the Balboa Improvement Associ-
ation during the first week in July was approved,
:ion
x
subject to the conditions recommended by,the Parks,
as
I
x
x
x
x
Beaches and Recreation Commission; and the request
sent
K
x
for financial participation by the City was referred
to the Bicentennial Citizens Advisory Committee for
analysis.
9. A report was presented from the Litter Control
Litter
Citizens Advisory Committee requesting $40,000 for
fiscal year 1976 -77 to establish a litter enforcement
unit.
_
The matter was postponed for consideration during
x
Budget deliberations.
es
C
x
x
x
x
sent
K
x
CONSENT CALENDAR:
tion
The following items were approved by one motion affirming
es
x
the actions on the Consent Calendar:
x
x
x
x
sent
x
1. The following ordinances were introduced and passed
to second reading on April 12, 1976:
(a) Proposed Ordinance No. 1661, being, AN ORDINANCE
Alarms
OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER
0 -1661
5.49 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING
WITH ALARM BUSINESS, ALARM AGENTS AND ALARM
SYSTEMS. (Report from the Police Chief)
(b) Proposed Ordinance No. 1662, being, AN ORDINANCE
Building
OF THE CITY OF NEWPORT BEACH AMENDING SECTION
Excise
13.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE
Tax
RELATING TO EXEMPTIONS IN CONNECTION WITH THE
0 -1662
PROPERTY DEVELOPMENT TAX. (Report from the City
Attorney)
2. The following resolutions were adopted;
•
(a) Resolution No. 8729 awarding a contract to
Storm
Clarke Construction Company for storm drain and
Drain &
street improvements at Finley Avenue from
St. Impr/
Newport Boulevard to 34th Street, 1975 -76 -
Finley Av
Contract No. 1668. (Report from Public Works
Director)
Volume 30 - Page f4
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COUNCILMEN
March 22, 1976
MINUTES
INDEX
(b) Resolution No. 8730 designating an intersection
Stop
at which vehicles are required to stop and
Signs
directing the Traffic Engineer to erect neces-
R -8730
sary stop signs (Rutland Road and Mariners
Drive). (Report from the Public Works Depart-
went)
(c) Resolution No. 8731 authorizing the execution of
Newport Is.
an agreement between the City and the County in
Dredging
connection with maintenance dredging of portion
R -8731
of West Newport Channels adjacent to Newport
Island. (Report from the Public Works Director)
(d) Resolution No. 8732 authorizing execution of an
Crude
agreement between the City and Kern County
011
Refining Corporation for the purchase of crude
R -8732
oil, and authorizing the termination of the
existing agreement between the City and Golden
Eagle Refining Company, Inc. (Report from the
Assistant to the City Manager)
3. The following communications were referred as in-
dicated:
(a) To staff for reply, letter from Rex Brandt
Landscaping
requesting the City require contractors to
Replace -
replace trees and landscaping when it is neces=
ments
sary to remove them to construct public improve-
ments. (Exhibit)
(b) Removed'from Consent Calendar.
(c) To staff for reply, letter from C. P. Avery
Litter
complaining about the trash in the unpaved
parking lot on the west side of the Balboa
Market at 608 E. Balboa Boulevard. (Exhibit)
(d) To Traffic Affairs Committee for report back,
Traffic/
letter from the Corona del Mar Chamber of
Parking
Commerce to Mayor McInnis stating their position
on traffic and parking within the City and
requesting professional input as well as offer-
ing to provide manpower to serve on a task
force. (Exhibit)
(e) To staff for report back, letter from the Balboa
Balboa
Angling Club regarding the unusual silting
Angling
situation in and around their docks which will
Club
require the removal of two barge loads of
Dredging
material at a cost of approximately $1,000 and
requesting the City's help in financing the
project. (Exhibit)
(f) Removed from Consent Calendar.
(g) To the Bicentennial Committee for reply,
Bicenten-
invitation from the City of Cypress to a Birth-
nial
day Party complete with balloons which will
include a Special All Cities race with hot air
balloons on May 9. (Exhibit)
(h) Removed from Consent Calendar.
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(i) To Pending Legislation Committee, a resolution of Fixed
the City of Costa Mesa opposing the proposed Guideways
ballot measure pertaining to the diversion of
motor vehicle fuel taxes for fixed guideway
purposes, and giving reasons therefor. (Exhibit)
(j) To staff for reply, letter to Mayor McInnis from Dunes
Little Island Property Owners Association pro- Aquatic
testing any expansion of the Dunes Aquatic Park. Park
(Exhibit)
(k) To staff for reply, letter from Dawn Taylor re- Lighting
garding burglaries and the lack of proper lighting Iris Av
in the area around 719 Iris Avenue in Corona del CdM
Mar and requesting that lights be installed in the
area. (Attached with copy of note from the
Utilities Superintendent)
(1) To staff for reply, letter from the State Office Oil Well
of Planning and Research regarding a federal grant Drilling/
to facilitate planning for the onshore impacts Offshore
associated with Outer Continental Shelf (OCS) oil
exploration and development and related workshops.
(Exhibit)
4. The following communications were referred to the City
Clerk for filing and inclusion in the records:
(a) Letter to Mayor McInnis from California Anti-
Litter League regarding May as "Anti- Litter
Month." (Exhibit)
(b) Copy of letter to the Board of Directors of the
Orange County Sanitation District No. 2 from Dale
T. Chaput, Councilman of Yorba Linda challenging
the legality of the resolution authorizing salarie
and expenses and requesting that the Sanitation
District void the action taken on their Resolution)
76 -12 -2. (Exhibit)
(c) Notice of Hearing before the Public Utilities
Commission on the investigation on the Commis-
sion's own motion into the Planning, Construction,
Operations, Practices, Aesthetics, and Economics
of Overhead and Underground Transmission
Facilities of all Electric Public Utilities in the
State of California.
(d) A resolution of the City Council of the City of
Santa Ana requesting the Board of Supervisors of
Orange County to establish a county service area
in the entire unincorporated area of the county.
(e) Agenda of Board of Supervisor's meetings held
March 9, 10, 16 and 17, 1976.
S. The following claims were denied and the Acting City Claims
Clerk's referral to the insurance carrier was confirmed:
(a) Subrogation claim of Mutual Insurance Adjusting Mutual Tn.
Co. for claim paid by them to John McGowan through McGowan
Government Employees Insurance Company for damage
Volume 30 - Page 66
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to Mr. McGowan's house on January 8, 1976, al-
legedly due to flooding resulting from installa-
tion of a temporary water line by City forces.
(b) Claim of Robert Mendez for personal injuries
Mendez
allegedly sustained when he was requested to help
the Newport Beach Fire Department put out a fire
and in the process was injured at 118 East Ocean
Front on January 1, 1976.
(c) Claim of John H. Leach II alleging police brutal-
Leach
ity while in jail in connection with his arrest on
December 3, 1975 at 870 Santa Barbara Drive,
Newport Beach.
(d) Claim of Florence Sandler for personal injuries
Sandler
allegedly sustained while she was a passenger in
an automobile which was involved in an accident at
the intersection of Bristol and Campus on Decem-
ber 5, 1975, allegedly due to the malfunction of a
traffic signal.
(e) Claim of Betty Maria Winkes for damages sustained
Winkes
on March 9, 1976 when she and her sister sat on a
freshly painted bench on Marine Avenue, Balboa
Island, because allegedly a City employee had
removed the sign too soon and their slacks were
•
ruined.
(f) Summons and Complaint of Michael Kent Secor for
Secor
Personal Injuries, Case No. 24 -23 -87 in the Orange
County Superior Court, incurred when he was
allegedly struck by a City vehicle at 23rd Street
and Newport Boulevard July 22, 1975.
l(g)
Summons and Complaint of Thomas R. Mockett, a
Mockett
minor, by and through his Guardian ad Litem,
Claudette Mockett, and William A. Mockett, for
Personal Injuries, Case No. 242447 in the Orange
County Superior Court alleging wrongful arrest and
injuries.
16. The City Attorney's referral of the following claim to
the County Counsel and for authorization of the County
Counsel to appear and defend the interest of the City
of Newport Beach in this proceeding was confirmed:
(a) Summons and Complaint of Gordon C. Vaughn for
Vaughn
Refund of Taxes Paid Under Protest, Case No.
242299 in Orange County Superior Court. (Report
from City Attorney)
7. The following request to fill personnel vacancies was
approved: (Report from the City Manager)
(a) One Police Officer in the Police Department to
i
fill a position now vacant.
8. The following staff, commission and committee reports
were received and ordered filed:
(a) Memorandum from Parks, Beaches and Recreation
San Joaquii
Commission regarding the tennis court reservation
Hills Park
Volume 30 - Page 67
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system at San Joaquin Hills Park. (Exhibit)
(b) Memorandum from the Bicycle Trails Citizens
Bicycle
Advisory Committee regarding the resolution of
Trail.
the City of La Mirada in connection with the
Markings
color of pavement markings used to designate
official bicycle lanes and trails. (Exhibit)
(c) Letter dated March 11, 1976 from the Community
Building
Development Department to the Bluffs Homeowners'
Permits
Association regarding the issuance of building
permits in their common areas. (Exhibit)
9. The following matters were set for public hearing:
On April 12, 1976:
(a) Tentative Map of Tract No. 8725 (Amended) -
Tract 8725
A request by the City of Newport Beach to .
amend Condition -No. 8 of Tentative Map No. 8725
so as to increase the size of the play area
proposed at the northeast corner of El Capitan
Drive and Spyglass Hill Road from one -half
acre to approximately one acre and to decrease
the size of the proposed park site at the
southeast corner of Spyglass Hill Road and New
MacArthur Boulevard from 6 acres to approxi-
mately 5 -1/4 acres; zoned P -C. (Report from the
Community Development Department)
On April 26, 1976:
(b) Ambulance Rates - Requests of Schaefer's
Ambulance
Ambulance Service and Seal's Ambulance,Service
Rates
to increase their rates. (Exhibits)
(c) Removed from Consent Calendar.
(d) Removed from.Consent Calendar.
10. The staff was authorized to retain an appraiser to
Balboa Blvd.
determine the fair market value of 3510 -3520 West
Widening
Balboa Boulevard (Lot 2, Lake Tract, Newport Beach).
(Report from the Public Works Director)
11. The Acting City Clerk was authorized to attend the
Ninth Biennial City Clerks' Institute of the League
of California Cities in Monterey, California on
April 28 -30, 1976.
12. Councilman Barrett's expense account for attendance
at the Southern California Association of Governments
Task Force in Washington, D. C. on March 10 and 11,
1976 was approved.
13. The following Budget Amendments were approved:
BA -59, $400.00 transfer of Budget Appropriations for
Upppr Newport Bay Ecological Reserve Model, from
Unappropriated Contingency Reserve to Nondepartmental,
Services -Prof Tech, etc., General Fund
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March 22, 1976 INDEX
BA -60, $1,365.86 transfer for reimbursement to Water
Fund in accordance with the Water System Development
Fund Reimbursement Agreement, from Water Services
Development Fund to Water Fund.
BA -61, $4,200.00 transfer of Budget appropriations for
groundwater study along bluff along Backbay Drive in
vicinity of Tract 7166, from Unappropriated Contin-
gency Reserve to Nondepartmental, Services -Prof Tech,
etc., General Fund. (Report from the Public Works
Director)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from Herbert C. Estes suggesting that some
Energy
type of solar heating be required in all new buildings
Conservatioi
Motion
x
was referred to the Environmental Quality Control
Ayes
x
x
x
Citizens Advisory Committee.
Absent
x
2. A letter from Dr. Kenneth D. Litwack regarding
Pollution/
adverse effects of air and noise pollution to
Hwy Corrid.,
residents along highway corridors and requesting
Corridors
a guideline for "sufficient corridor width" be
i
part of the criteria for the selection of routes
Motion
x
was referred to the Transportation Plan Citizens
Ayes
xlx
x
x
I
Advisory Committee and to the Environmental Quality
Absent
x
Control Citizens Advisory Committee for reports back.
3. A resolution of the City of Westminster was pre- 'Bilingual
sented requesting the Federal Voting Rights Act
Election
of 1975 be amended to eliminate the requirement
Material
Ii
for bilingual voting materials.
I
iResolution
No. 8733, requesting that the Federal
R -8733
Motion
x
Voting Rights Act of 1975 be amended to eliminate the
Ayes
x
x
x
x.
requirement for bilingual voting materials, was
Absent
I
adopted.
4. Reports were presented from the Public Works Director
Alley Impry
regarding alley improvement in Block 331, Lancaster's
Balboa
Addition, Contract 1753, and alley improvement in
Peninsula
Block 3, East Newport, Contract 1753.
Motion
x
Ayes
C
x
x
x
These matters were continued to April 12, 1976.
Absent
K
x
ADDITIONAL BUSINESS:
Motion
x
I
1. The Mayor was directed to write a letter to the
Orange
Ayes
C
x
x
x1X
Board of Supervisors encouraging authorization of an
County
Absent
ix
opinion survey relative to Orange County Airport and
Airport
suggesting that the survey be conducted by a research
agency independent of Daniel, Mann, Johnson and
Mendenhall.
Motion
X
I
I2. Resolution No. 8734, expressing the City's opposition
SB 1579
A
x
x
x
to Senate Bill 1579, the California Coastal Plan,
R -8734
No
x
was adopted.
Absent
3. A report was presented from the City Attorney regard-
Oil Well
ing the status of the Outer Continental Shelf Oil
Drilling
lease litigation.
Offshore
Volume 30 - Page 69
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M(,
x
Ay x
x
x
x
N
The staff was directed to continue with the litiga-
Absent
x
I
tion through the Motion for Partial Summary Judgment.
Motion
x
4. The Mayor was directed to send a telegram to the Senate
Ayes
x
x
x
2
Committee on Natural Resources and Wildlife expressing
Absent
x
31
the City's support of SB 1631 which would appropriate
$1,100,000 from the General Fund to the Department
of Fish and Game for expenditure without regard to
fiscal years for the development of the coastal wet-
lands in Upper Newport Bay.
5. A report was presented from the Public Works Depart-
ment regarding SCAG 208 Areawide Planning Agency for
South Coast Area.
Motion
x
The Mayor was directed to send a letter stating that
Ayes
x
x
x
x
the City is in general agreement with the planning
Absent
K
x
approach and supports the concept of sub - contracting
with NIWA (Newport -Irvine Waste Management Planning
Agency) to prepare the subarea water quality plan.
6. A report was presented from the City Manager regarding
purchase of 1.04 acre parcel of State property in the
Mariners Mile area.
Motion
Ix
The staff was authorized to submit a bid on March 30
on the parcel of property that is 230'+- east of Tustin
and north of Pacific Coast Highway. in Newport Beach.
Vice Mayor Dostal asked that the motion be amended
to stipulate that the funds for the purchase of the
property would come from the Off- street Parking Fund,
which amendment was accepted by the maker of the
motion.
Ayes
x
x
x
x
A vote was taken on Councilman Barrett's motion,
Absent
C
x
which motion carried.
The meeting was adjourned at 11:45 P.M. after a minute of
silence in memory of City Clerk Laura Lagios and of civic
leader Theo Robins.
I
Mayor
ATTEST:
Acting City C rk
Volume 30 - Page 70