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HomeMy WebLinkAbout10/12/1976 - Regular MeetingCOUNCILMEN Regular Council Meeting Place: Council Chambers Time! 7 °30 P.M. MINUTES ROLL CALL ;m a� 4s% Date: October 12 1976 INDEX Present K K K x x x Roll Call. -1 The reading of the Minutes of the Regular Meeting of �tion September 27, 1976 was waived, and said Minutes were yes K K x x x x approved as written and ordered filed. The reading in full of all ordinances and resolutions under Motion K consideration was waived, and the City Clerk was directed Ayes c K K x x x to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing regarding alley Alley Impr/ improvement in Block 5, East Newport - (portions of Blk 5 alley in block bounded by Balboa Boulevard, 8th Street, E Npt Bay Avenue, and 7th Street) to hear protests from anyone who does not desire to have the unimproved portion of said alley paved under the procedures of Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Director. A letter from Pauline and Gordon Howard was presented objecting to the paving of the alley. Motion x The hearing was closed after it was determined no one Ayes K x x x x x desired to be heard. Motion x The staff was directed to construct the alleys per the Ayes x x x x plans under the procedures of the Improvement Act of 40 1911. 2. Mayor Dostal opened the public hearing regarding alley Alley Impr/ improvement in Block A, East Newport - (alley in two Blk A City blocks bounded by Lindo Avenue, Edgewater Avenue, E Npt Anade Avenue and Bay Avenue) to hear protests from anyone who does not desire to have the alley paved under the procedures of the Improvement Act of 1911. A report was presented from the Public Works Director. Goldie Joseph addressed the Council asking for clarifi- cation of the location of the improvements. Motion x The hearing was closed after it was determined no one Ayes x x x x else desired to be heard. Motion x The staff was directed to construct the alleys per the Ayes r x x x x plans under the procedures of the Improvement Act of 1911. 3. Mayor Dostal opened the public hearing regarding the Parkinson appeal of James H. Parkinson from the decision of Appeal the Planning Commission denying Use Permit No. 1803 requesting the installation of an identification ground sign and automobile display area adjacent to Jamboree Road for peach Imports and Newport Datsun auto sales and service facilities in Newport Place and permission to construct a new service building on the site located at 848 - 888 Dove Street, south- easterly of Dove Street and northwesterly of Jamboree Road. Volume 30 - Page 241 COUNCILMEN Vii? f NEWPORT BEACH 7 ROLL CALL ;WrA9f -_: October 12, 1976 INDEX A report from the Community Development Department was presented with the appeal application of James H. Parkinson. James Parkinson, applicant, and William C. Adams, consultant for Mr. Parkinson, addressed the Council and presented slides to illustrate their concept of the ground sign and automobile display requested. Motion Mr. Adams was granted five additional minutes for his Ayes x x x x presentation. Motion x The hearing was closed after it was determined that Ayes K x x x x I no one else desired to be heard. Motion x The decision of the Planning Commission was overruled, Ayes K x x x x and Use Permit No. 1803 was approved, subject to the findings and conditions recommended by the staff. CONTINUED BUSINESS: Motion 1. Mrs. Trudi Rogers was appointed as Councilman from Council Ayes the First District for a term ending April 18, 1978 Vacancy x x x x x 2 to fill the vacancy created by the death of Howard Rogers. 2. A report was presented from the City Attorney regard- Encroach- ing the Edgewater Avenue and Buena Vista Boulevard ment/ encroachments. 105 Edge - water A petition signed by fifty property owners was pre- sented regarding encroachments into the public right - of -way on Edgewater Avenue. The following people addressed the Council and asked that the matter be continued for thirty days: James Rogers, Robert Allan and the resident at 309 Edgewater. Frank Cordell, representing the property owners who had signed the petition, addressed the Council and asked that the encroachments into the public right- of -way be removed. Motion 11 Proposed Council Policy L -7, "Improvements on Buena Ayes x x x x 3 1 Vista Boulevard - Edgewater Avenue between Bay Avenue and Fernando Street," was referred to the Parks, Beaches and Recreation Commission for review and recommendation. 3. A report was presented from the Administrative Balboa - Assistant to the City Manager regarding the Balboa Newport and Newport Pier concessions. Pier Cnnnacai.- Noel Phoenix addressed the Council and asked for, and was granted, permission to.sell the equipment belong- ing to him in connection with his operation of the Balboa and Newport Pier concessions. Mr. Phoenix also questioned the termination date of his existing lease and was advised that the lease would terminate on December 9, 1976, ninety days from his notice to Council in accordance with the terms of the lease, contingent upon his continuing payments as stipulated in the lease. Volume 30 - Page 242 l COUNCILMEN \ \p iWickn CITY OF NEWPORT BEACH MINUTI ROLL CALL m X 1 S\ October 1 INDEX The specifications for bid proposals for the Newport Motion 21 and Balboa Piers were approved as presented, and the es x x x staff was directed to accept proposals for the con- cessions on the Newport Pier and on the Balboa Pier. 4. A report was presented from the Public Works Director Library regarding proposed plans for the Newport Center Branch Library. Motion x The schematic design submitted by the architect for a Ayes K K K x x x 10,000 square foot library building was approved. 5. The appointment of a member to the City Arts Commis- City sion to fill the vacancy created by the resignation Arts Motion x of Tom Gleason for a term ending June 30, 1978 was Comsn Ayes K K x x x x postponed to October 26, 1976. 6. (District 5) Councilman Ryckoff's appointment of a Bicycle member to the Bicycle Trails Citizens Advisory Trails Motion x Committee to fill the vacancy created by the resigna- CAC Ayes I & x x x tion of Helen Reeder was postponed to October 26, 1976. 7. (District 3) Mayor Pro Tem Barrett's appointment of a Litter member to the Litter Control Citizens Advisory CAC Motion x Committee to replace Richard Stube was postponed to Ayes October 26, 1976. K X x x x x 8. (District 4) Mayor Dostal's appointment of Louise Litter Greeley as a member of the Litter Control Citizens CAC ion x Advisory Committee to fill the vacancy created by the es x X x x x resignation of Leslie Rizzo was confirmed. 9. (District 7) Councilman Williams' appointment of a CEQCAC member to the Environmental Quality Control Citizens Motion Advisory Committee to fill the vacancy created by the Ayes r x x x resignation of David Tosh was postponed to October 26, 1976. 10. Designation of the Mayor as the City representative Council on the Ontario International Airport Study Task Force Cmtes was confirmed; there was no alternate appointed on the TICMAP Committee; and appointment of a City Motion K representative on the Upper Newport Bay Ecological Ayes C K K x x x Reserve Development Committee was postponed to October 26, 1976. CURRENT BUSINESS: 1. A report was presented from the City Council Com- Council mittees Review Committee. Cmtes Review Motion x The termination date of the City Council Committees Cmte Ayes K x x x x I Review Committee was extended to November 23, 1976. 2. A report was presented from the Public Works Depart- ment regarding the 1976 -77 Traffic Signal Priorities. • Volume 30 - Page 243 COUNCILMEN e MINUTM 9q,m ROLL CALL m vs r + I i W October 12 1976 INDEX Motion Councilman Ryckoff made a motion to approve the priorities list for the 1976 -77 traffic signals as recommended by staff, and to direct the staff to • proceed with the traffic signal projects as approved. Councilman Kuehn asked that the motion be amended to add for consideration an Item 10 (g) "Moving the traffic signal from Poppy Avenue to Orchid Avenue," to Item 10 under the recommended projects, "Conduct studies, prepare plans, specifications and process cooperative agreements and permits for the following traffic signal projects for possible construction within the next three years," which amendment was accepted by the maker of the motion. Ayes x x x x 11 A vote was taken on Councilman Ryckoff's amended motion, which motion carried. 3. A report was presented from the City Attorney regard- Balboa ing the refinancing of the Balboa Bay Club. Bay Club A letter of request from Thomas J. O'Keefe, attorney for the Balboa Bay Club, was presented. Motion x The staff was directed to have the City auditor Ayes x x x x A analyze the request in view of the City's lease agreement and its impact on the City, and report back to the City Council on October 26, 1976. CONSENT CALENDAR: lotion x The following items were approved by one motion affirming - Ayes K x x x x the actions on the Consent Calendar: 1. The following ordinances were introduced and passed to second reading on October 26, 1976: (a) Proposed Ordinance No. 1697, being, AN ORDINANCE Massage OF THE CITY OF NEWPORT BEACH AMENDING SECTION Parlors 5.50.050 OF THE NEWPORT BEACH MUNICIPAL CODE 0 -1697 RELATING TO THE APPLICATION FOR A MASSAGE PERMIT. (Report from the Assistant City Attorney) (b) Removed from the Consent Calendar. (c) Proposed Ordinance No.1698, being, AN ORDINANCE Commercial OF THE CITY OF NEWPORT BEACH AMENDING SECTION Vehicles 12,32.020 OF THE NEWPORT BEACH MUNICIPAL CODE 0 -1698 PROHIBITING THE OPERATION OF COMMERCIAL VEHICLES OVER SIX THOUSAND POUNDS ON BACK BAY DRIVE (FROM SAN JOAQUIN HILLS ROAD TO EASTBLUFF DRIVE). (Report from the Public Works Department) 2. The following resolutions were adopted: (a) Resolution No. 8908 agreeing to a special assess- League ment for the construction of the League of Hdgtrs California Cities Headquarters in Sacramento. R -8908 Volume 30 - Page 244 COUNCILMEN MINUTES ROLL CALL �'W A'0 Est M Oct INDEX (b) Resolution No, 8909 requesting the Orange County OrCo Board of Supervisors to establish a County Service Service Area in unincorporated areas of the Area • County. (Letter and resolution from the City of R -8909 Orange) (c) Resolution No. 8910 authorizing the Mayor and Marinapark City Clerk to execute a Consent to Sale of R -8910 mobilehome and trailer space in Newport Marina - park (Leo and Nadler). (Report from the City Attorney) (d) Resolution No. 8911 authorizing the Mayor and Off -site City Clark to execute an off -site parking agree- Prkg/ ment between the City of Newport Beach and Westerr Western Canners Company (Use Permit No. 1792). (Report Canners from the Community Development Department) R -8911 (e) Resolution No. 8912 authorizing the Mayor and Jamboree City Clerk to execute an engineering services Road agreement between the City of Newport Beach and Widening Boyle Engineering Corporation in connection with R -8912 the design of the widening of Jamboree Road from Eastbluff Drive (North) to MacArthur Boulevard, C -1752. (Report from the Public Works Department) (f) Resolution No. 8913 authorizing the Mayor and Park 5 City Clerk to execute an agreement between the View Sites City of Newport Beach and the County of Orange R -8913 transferring the use of Revenue Sharing Funds from the acquisition of Inspiration Point Lots to • the acquisition of West Newport Park. (Report -' from the Parks, Beaches and Recreation Director) 3. The following communications were referred as in- dicated: (a) To staff for inclusion in on -going study, a Senior letter from Barbara Stabler, Elaine Linhoff and Citizens Ann Spencer submitting their personal determina- Center tions concerning the Phase One report in connec- tion with the Senior Citizens Center Planning Program, (Copies mailed to Council) (b) To staff for reply, a letter from the Eastbluff Noise Homeowners Community Association enclosing their Pollution resolution requesting the City to proceed with noise mitigation measures within Eastbluff. (Copies mailed to Council) (c) To Pending Legislation and Ethics Committee, a Legislati -- letter from the Orange County Division of the Informari•- League of California Cities enclosing a descrip- System tion from the City of Placentia regarding the system used by that city in order to exchange information on State legislation. (Copies mailed to Council) (d) To Pending Legislation and Ethics Committee, a Paramedics . resolution from the City of Garden Grove urging the State legislature to enact legislation authorizing local paramedic programs on a perma- nent basis. (Copies mailed to Council) Volume 30 - Page 245 COUNCILMEN \\�5\06 ?L b CITY 00 NEWPORY BEACH MINUTI ROLL CALL N a c Z m October 12, 1976 INOI (e) Removed from the Consent Calendar. (f) To the City's representative to the League of League • California Cities, a resolution from the City of Appts Cypress and a letter from Sonia Sonju, Council- woman of the City of Cypress, requesting support for her appointment to the South Coast Air Quality Management District Board. (Copies mailed to Council) (g) To the City's representative to the League of Orco California Cities, a letter from the Orange Human County Division of the League enclosing a reso- Relati, lution from the City of Santa Ana regarding the Comsn Orange County Human Relations Commission that is to be acted upon at the Division meeting of October 14. (Copies mailed to Council) (h) To staff for reply, letter from the Harbor View Senior Hills Homeowners Association requesting the Citizei opportunity of discussing proposed developments Center which are at variance with the residential nature of their community with proper City officials. (Copies mailed to Council) (i) To Pending Legislation and Ethics Committee, a Sales resolution of the City of Walnut urging redis- Use Ta, tribution of sales tax revenues on the basis of population. (Exhibit)' (j) To Council Appointments Committee for inclusion Counci • in study, a mailgram from Gamlin Industries Vacanc — = supporting Peg Forgit for the vacant Council seat. (Copies mailed to Council) (k) To Council Appointments Committee for inclusion Counci in study, letter from Mariners Community Associa- Vacanc tion urging that the vacancy on the Council be filled by holding an election. (Exhibit) (1) To staff for inclusion in on -going study, a Newpor letter from Noel and Betty Phoenix regarding the Balboa concession operation of the Newport and Balboa Pier piers. (Copies mailed to Council) conces 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A resolution from the City of Irvine expressing its sorrow to the City of Newport Beach at the loss of their Mayor - Howard N. Rogers. (Exhibit) (b) A letter from the Balboa Improvement Association, thanking Council for the fast action in installing the wheel chair ramps on Main Street in Balboa. (Copies mailed to Council) (c) A letter from Riley and Company, Municipal Financing Consultants, offering to submit a Volume 30 - Page 246 eX ms is si,- COUNCILMEN \46p'�A\�Za s MINUTES ROLL CALL 'b+'�°t +si F October 12 1976 INDEX proposal as financing consultants for the Open Space Bond Election. (Copies mailed to Council) • (d) A letter from Edward J. Byrne, Councilman for the City of La Palma, withdrawing his name from the nominations for the South Coast Air Control Quality Management District Board. (Exhibit) (e) A letter addressed to Mayor Dostal from the Mariners Community Association expressing its support of a second paramedic unit. at Mariners Park, and suggesting the possibility of investi- gating the sharing of costs with the City of Costa Mesa. (Exhibit) (f) Copy of a letter addressed to Chief Glavas regarding the lack of signing and traffic control in the Big Canyon area. (Copies mailed to Council) (g) A resolution of the Board of Supervisors giving permission for the Newport Beach Chamber of Commerce to serve alcoholic beverages at its get - acquainted party at the Newport Dunes facility on September 24, conditioned on similar authorization from the City of Newport Beach. (Copies mailed to Council) (h) A letter to the Mayor from the Action Committee to Inform Orange Now enclosing resolutions and • statements endorsing the Inter - County Airport Authority's Inter - County Airport Study Plan from the Cities of Los Alamitos, West Covina, Cypress and Tustin, and the Saddleback Area Coordinating Council, Inc. and the Central Labor Council of Riverside County. (Exhibits) (i) Notice from the Local Agency Formation Commission of hearing on October 13, 1976 regarding the proposed annexation to the Costa Mesa County Water District designated Engineer's No. 166 Annexation, located northerly of McCormack Avenue and southeasterly of Pullman Avenue in the City of Costa Mesa. (Copies mailed to Council) (j) A Notice of Joint Investigation before the Public Utilities Commission and the Energy Resources Conservation and Development Commission into the availability and potential use of solar energy in California. (k) Notice before the Public Utilities Commission on three hearings; (a) Investigation on the Commis- sion's own motion regarding exploration and development programs of local utility companies; (b) In the Matter of the Joint Application of Southern Cal- fornia Gas Company and Pacific Lighting Service Company for an extension of time for gas exploration and development; and (c) Application of Pacific Gas and Electric Company Volume 30 - Page 247 COUNCILMEN mrol r q qz� MINUTES ROLL .CALL \\ ;w`1��9t\ \ = =\Z\ October 12, 1976 INDI to adjust gas rates periodically to provide funds for gas exploration and development activities. • (1) Notice of applications before the Public Utilities Commission of Continental Trailways, Inc, and American Buslines, Inc. to increase fares. (m) A resolution of the City of Pico Rivera support- ing a summons to action for reform of the Criminal Justice System. (Copies mailed to Council) (n) A resolution from the Property & Homeowners of San Gabriel Valley regarding the Federal Regional Councils and requesting legislative support from the State Assembly and Senate by creating a special Committee to Investigate Regional Govern- ments. (Copies mailed to Council) (o) A letter from the Mayor of the City of West- minster regarding the construction of the League of California Cities Headquarters office building in Sacramento and stating they did not feel the League should become involved in the real estate business and asking that this aspect be taken into consideration at the League Conference in San Diego in October. (Copies mailed to Council) (p) Agenda of the Board of Supervisors meetings on September 28, 29, October 5 and 6, 1976. • (q) A resolution of the Local Agency Formation — Commission approving the spheres of influence for the cities of Newport Beach and Laguna Beach as shown on the attached map. (Exhibit) (r) A letter and flyer from the Property & Homeowners of San Gabriel Valley requesting that the City take action and declare October 23rd as United States Day, to be celebrated throughout our Country every October 23rd as a legal holiday. (Copies mailed to Council) (s) Letter addressed to the Mayor from Peralta Entertainment Ventures Corporation regarding development of a skateboard park in Newport Beach. (Copies mailed to Council) 5. The following claims were denied and the City Clerk's Claim: referral to the insurance carrier was confirmed: (a) Claim of Alexander Goglanian for Mary Ann Goglar Goglanian (a minor) for personal injuries allegedly sustained when Mary Ann cut her foot on a broken pool light while swimming at Newport Harbor High School on August 30 as a participant in a City renreation program. (b) Claim of Ian D. Greaves for personal injuries Greavc sustained when he fell while riding his bicycle Volume 30 - Page 248 :X Lian is COUNCILMEN ROLL CALL 0�°r � Z N October 12, 1976 MINUTES INDEX at the intersection of Channel Road and Ocean Boulevard in Balboa on June 20, alleging negli- gence on the part of the City for not barricading and signing a construction hole in the street. (c) Claim of Helen F. Knott for personal injuries Knott sustained when she tripped and fell due to a hole in the crosswalk in the 200 block of Marine Avenue on August 25 allegedly due to the City's negligence in proper maintenance of crosswalks. (d) Claim of Michael Ray Lee for damage to his car Lee allegedly caused when he was struck by a City vehicle at the intersection of Cypress and East Bay on September 7. (e) Claim of Corinne Stoughton for property damage Stoughton allegedly incurred when City trash men broke the wheels of her trash can on September 20 at 2000 Diana Lane. (f) Claim of Allstate Insurance Company as subrogee Allstate/ of Larry Tackett for damage to Mr. Tackett's Tackett car, allegedly caused when it was struck by a City vehicle while parked on 19th Street on August 6. (g) Claim of George D. West for property damage to West his home at 412 Snug Harbor Road, Newport Beach when the sewer backed up on July 30. 6. The following request to fill personnel vacancies was approved: (Report from the Acting City Manager) (a) One Duplicating Machine Operator II in the Finance Department to fill a position to be vacant. 7. The following staff report was received and ordered filed: (a) Memo from the Community Development Department Garbage regarding the status of the complaint received from the Shorecliff Homeowners' Association regarding flushing of detergent and garbage wastes into Buck Gully by the Five Crowns Restaurant, Corona del Mar. 8. The following matter was set for public hearing on November 8, 1976: (a) Proposed Underground Utilities District No. 6 Undergr (Pacific Coast Highway from Dover ,Drive to Utility easterly of Upper Bay Bridge). (Report from the District E Public Works Department) 9. The following committee resignations were accepted with regret, and the replacement appointments were to October 26: postponed (a) Resignation of Margaret S. Stivers (District 1) CEQCAC from the Environmental Quality Control Citizens Advisory Committee. Volume 30 - Page 249 COUNCILMEN CITY OF NEWPORT S r A ° 43 MINUTES ROLL CALL %XN4 * a% * October 12, 1976 INOE (b) Resignation of John B. Hoag (District 4) from CEQCAC the Environmental Quality Control Citizens Advisory Committee. . 10. The work on the Street Resurfacing Program 1975 - 76, Street Contract No. 1809, was approved; the City Clerk was Resur- authorized to file a Notice of Completion; and the facing City Clerk was authorized to release the bonds 35 Progrmi days after Notice of Completion has been filed. (Report from the Public Works Director) 11. The plans and specifications on the Cement - Mortar Lido I! Lining of Cast Iron Water mains on Lido Isle, Phase Water I, Contract No. 1859, were approved; and the City Mains Clerk was authorized to advertise for bids to be opened at 11:00 A.M. on October 27, 1976. (Report from the Public Works Director) 12. The plans and specifications for Newport Island Dredgi. Channel Dredging were approved; and the City Clerk wa authorized to advertise for bids to be opened at 10:30 A.M. on October 28, 1976. (Report from the Public Works Director) 13. The following Harbor Permit applications were ap- Harbor proved: Permit (a) Approval of Harbor Permit Application 0129 -2420 of the Bayshore Community Association to con- struct a pier and ramp for boat launching, subject to 1) the approval of the U. S. Army Corps of Engineers, and 2) to the drainage from the paved area going into the existing storm drain. (Report from the Marine Department) (b) Approval of Harbor Permit Application #105 -101 of California Institute of Technology to add a ramp and float to an existing pier, subject to the approval of the U. S. Army Corps of Engi- neers. (Report from the Marine Department) 14. The following Budget Amendments were approved: (a) Current year. BA -19, $700 transfer of Budget Appropriations from Exit Control - Corona del Mar & Balboa Parking Lot to Gate - Corona del Mar Main Beach for purchase of prefabricated steel gate for closing the Corona del Mar Beach Parking Lot, General Fund. BA -20, $695 transfer of Budget Appropriations for additional funds for a new roof at Mariners Library, from Unappropriated Contingency Reserve, Library Fund. (b) Closing entries, 1975 -76. BA -21, $277,366.46 transfer of future Workmen's Compensation claim funds from encumbrances to Volume 30 - Page 250 X. ag COUNCILMEN \\N%x YC \ CITY OF NEWPORT SEACH MINUTES ROLL CALL ;m 1t +YY m October 12, 1976 INOE reserve for future Workmen's Compensation claims, General Fund. BA -22, $22,423.80 transfer of future Workmen's • Compensation claim funds from encumbrances to reserve for future Workmen's Compensation claims, Park and Recreation Fund. BA -23, $1,150.75 transfer of future Workmen's Compensation claim funds from encumbrances to reserve for future Workmen's Compensation claims, Library Fund. BA -24, $21,595.32 transfer of future Workmen's Compensation claim funds from encumbrances to reserve for future Workmen's Compensation claims, Water Fund. BA -25, $1,660.14 transfer of future Workmen's Compensation claim funds from encumbrances to reserve for future Workmen's Compensation claims, Marinapark Fund. BA -26, $21,095.00 increase in Budget Appropria- tions and decrease in Unappropriated Surplus for interest payments for 1975 -76 and 1976 -77 on three lots purchased at $165,000 from the State which was inadvertently omitted from the budget, Building Excise Tax Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Police Department regarding the licensing of motorized bicycles. Motion The following ordinance was introduced and passed to Ayes x x x x N second reading on October 26, 1976: ORDINANCE NO. 1699, being, AN ORDINANCE OF Bicycl e THE CITY OF NEWPORT BEACH AMENDING SECTION Mopeds 12.56.101 OF THE NEWPORT BEACH MUNICIPAL 0 -1699 CODE TO INCLUDE MOTORIZED BICYCLES IN THE DEFINITION OF THE TERM "BICYCLE." 2. A letter from Delmer D. McCommon was presented Parking regarding the removal of parking restrictions at Prohib the corner of Ocean Boulevard and Goldenrod Street tions in Corona del Mar, and requesting the Council to ban parking in this hazardous area. Delmer D. McCommon addressed the Council and asked that the parking ban be reinstated at this location. Motion K Mr. McCommon's request was referred to the Traffic Ayes C K x x x x Affairs Committee for report back to Council. ADDITIONAL BUSINESS: 1. The purchase of the property at Superior and Industrial Way was considered. Corp Yard Volume 30 - Page 251 I X s/ i COUNCILMEN CITY OF NEWPORT n E A c I...F MINUTES ROLL CALL ;w3���� *� =1�N� October 12, 1976 Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest. tion x The Acting City Manager was authorized to purchase Ayes K x x x I the property at Superior and Industrial Way for Abstain sixty -five thousand dollars ($65,000) (10% down, with the balance to be paid at the close of escrow); and the Acting City Manager was further authorized to execute the escrow instructions and any further documentation necessary to consummate the transaction with escrow costs to be paid in the manner which is customary in the industry. Mayor Pro Tem. Barrett returned to the Council table. Motion 2. The date selected for the Open Space Bond Election C Ayes x x x 2 1 was reconsidered. S B Motion The date for the Open Space Bond Election was changed E Ayes x x x x from May 31, 1977 to March 8, 1977 to coincide with the School District election. The public relations and promotion of the election Motion was referred to the Parks, Beaches and Recreation Ayes K x x x 11 Commission, and the Commission was asked to form a citizens committee to work on various phases of the election. 3. The tentative map of Tract No. 8725 (Revised) on the I property located in portions of Blocks 91, 92, 97 8 and 98 of Irvine's Subdivision, in an area bounded by the existing "Spyglass Hill" development, the "Bren III" development, Broadmoor, Seaview, San -- Miguel Drive and the San Joaquin Reservoir site (Sector IV of "Harbor View Hills "), to permit the revision of the approved tentative map in conjunction Motion x with the required site plan review, was set for Ayes x x x x I public hearing on October 26, 1976. 4. A letter from the Board of Trustees of the Newport N Harbor Art Museum was presented requesting waiver of E the building excise tax and of the plan check and A building permit fees required by the City. N Councilman Kuehn stepped down from the Council table due to a possible conflict of interest. Motion x The request of the Newport Harbor Art Museum for Ayes x x Z exemption from the building excise tax requirement Abstain x was approved. Harvey West, Director of the Newport Harbor Art Museum, addressed the Council regarding their request. Councilman Kuehn returned to the Council table. 5. Bruce Lowe addressed the Council regarding the regula- A _ tions in the Municipal Code pertaining to dogs on C beaches and the leash law. Volume 30 - Page 252 I INDEX pen pace and lection ract 725 ewport arbor rt useum nimal ontrol COUNCILMEN ROLL CALL Motion _Ayes • Motion Ayes • CITY OF NEWPORT BEACH MINUTES INDEX Santa Ana River Flood Protection Agency 0 netnhpr 1?- 1976 x Mr. Lowe was granted an additional minute for his • x x x x N presentation. It was agreed that Mr. Lowe's attorney would meet with the City Attorney to discuss the matter. 6. Ed Just, Director of the Santa Ana Flood Protection Agency, addressed the Council and advised that the funding bill for the Santa Ana River flood protection program had gone through Congress, including the Santa Ana River project in the format requested, that the bill was on the President's desk for signature, and that a telegram to the President urging him to sign the bill would be helpful. He also thanked the Council for their support in the past. The Mayor was directed to send a telegram to the • x x x N I President asking for his support of the Public Works Omnibus Bill (Water Resources Development Act of 1976) and requesting that he sign the bill before the deadline. Mayor Dostal declared the meeting adjourned at 9:25 P.M. Mayor I ATTEST: Lt!-3 a City C1 rs i Volume 30 - Page 253 i INDEX Santa Ana River Flood Protection Agency 0