HomeMy WebLinkAbout02/14/1977 - Regular MeetingCOUNCILMEN
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Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: February 14, 1977
MINUTES
INOFX
Present
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
on
x
January 24, 1977 was waived, and said Minutes, as
x
x
x
x
x
x
x
amended, were approved and ordered filed.
K
The reading in full of all ordinances and resolutions
Motion
x
under consideration was waived, and the City Clerk was
Ayes
x
x
x
x
x
x
x
directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the public hearing regarding
Senior
the development plan for a Senior Citizens Center
Citizens
on property located at Fifth and Marguerite
Center
Avenues, Corona del Mar, and consideration of the
environmental document.
Reports were presented from the Community Develop-
ment Department and from the Parke, Beaches and
Recreation Department.
A report was presented from the Community Develop-
ment Citizens Advisory Committee.
A letter from the Corona del Mar Chamber of
Commerce was presented urging Council to vote
favorably on the implementation of the Senior
Citizens Center.
•
The following people addressed the Council in
favor of the Senior Citizens Center at Fifth and
Marguerite: Allison Bishop; Gwen Felton; Joan
Bernatz, representing the Citizens Advisory Board
to the County Mental Health, Region 3; and Joe
Mariscal.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one else desired to be heard.
Motion
x.
Councilman Kuehn made a motion to accept the
environmental document and approve the development
plan for the Senior Citizens Center in concept
for implementation by August 1, 1977, subject to
City Council approval of a phasing plan and
financing plan.
Mayor Dostal asked that the motion be amended to
delete the implementation date of August 1, 1977,
which amendment was accepted by the maker of the
motion.
Ayes
x
x
x
x
x
x
A vote was taken on Councilman Kuehn's amended
Noes
x
motion, which motion carried.
2. Mayor Dostal opened the public hearing for the
Conflict
purpose of adopting a Conflict of Interest Code
of
for designated public officials and employees.
Interest
•
A report from the City Attorney was presented
with the Conflict of Interest Code.
Motion
x
The proposed Conflict of Interest Code was
Ayes
x
x
x
x
x
x
x
referred to the Pending Legislation and Ethics
Committee, and the hearing was continued to
February 28.
Volume 31 - Page 26
COUNCILMEN
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MINUTES
February 14. 1977
iwinry
CONTINUED BUSINESS:
1. Appointments to the Citizens Advisory Committees.
Citizens
Advisory
A letter from Robert J. Coles was presented
Committees
expressing his pleasure in serving as Chairman
of the Community Development Citizens Advisory
Committee and his appreciation for the Council's
support for their work.
The following appointments to the Bicycle Trails
Bicycle
x
Citizens Advisory Committee for a term ending
CAC
x
x
x
x
x
x
x
December 31, 1977 were confirmed:
(District 1) Councilman Rogers' appointment
of Dr. Hugo Schmidt and reappointment of
Marilyn Hendrickson.
(District 2) Councilman McInnis' reappoint-
ment of Donald J. Foster and Duane Black.
(District 3) Mayor Pro Tem Barrett's re-
appointment of Betsy Carpenter MacKenzie,
and postponment of his second appointment to
February 28.
(District 4) Mayor Dostal's appointments
were postponed to February 28.
(District 5) Councilman Ryckoff's appointment
of Don Rose, and postponement of his second
appointment to February 28.
(District 6) Councilman Kuehn's appointment
of Margaret Howland and reappointment of
Dr. Stephen D. Sholkoff.
(District 7) Councilman Williams' reappoint-
ment of Robert L. Newcomb.
The following appointments to the Community
Com Dev
x
Development Citizens Advisory Committee for a
CAC
x
x
x
x
x
x
x
term ending December 31, 1977 were confirmed:
(District 1) Councilman Rogers' reappointment
of Elaine Linhoff.
(District 2) Councilman McInnis' appointment
of Gwen Felton and reappointment of Barbara
Stabler.
(District 3) Mayor Pro Tem Barrett's re-
appointment of Willard G. Wade, and post-
ponement of his second appointment to
February 28.
(District 4) Mayor Dostal's reappointment
of Connie Mumford and Alex Schvarz.
(District 5) Councilman Ryckoff's appointment
of E. W. Burke, and postponement of his
second appointment to February 28.
(District 6) Councilman Kuehn's reappointment
of Joan Petty and Jeanne Wanlass.
Volume 31 - Page 27
COUNCILMEN
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MINUTES
INDEX
Lot-
it CEQCAC
)r
I:
ant
:went
:ment
Lnt-
-01 Litter
CAC
:ment
it-
Lot-
ant
vent
Lon I Trans Plan
CAC
ment
it-
Log.
)sh.
t
t-
(District 7) Councilman Williams' reappo,
ment of Ruth M. Kahn.
on
x
The following appointments to the Environment,
x
x
x
x
x
x
x
Quality Control Citizens Advisory Committee L
a term ending December 31, 1977 were confirme,
(District 1) Councilman Roger's appointm
of Dennis Reid.
(District 5) Councilman Ryckoff's appoin
of Brett Klyver.
(District 6) Councilman Kuehn's reappoin
of Jerry King.
(District 7) Councilman Williams' reappo .
ment of Bernard Pegg, and postponement o.
his second appointment to March 14.
The following appointments to the Litter Conn,
Motion
x
Citizens Advisory Committee for a term ending
Ayes
x
x
x
x
x
x
x
December 31, 1977 were confirmed:
(District 1) Councilman Rogers' reappoin
of Charles P. Avery and Anita Ferguson.
(District 2) Councilman McInnis' reappoii
ment of Suzanne Rudd.
•
(District 3) Mayor Pro Tem Barrett's
reappointment of William Ritter.
(District 4) Mayor Dostal's reappointmen
of John Shea.
(District 5) Councilman Ryckoff's reappo .
ment of Gail Vinje and Dolores Miller.
(District 6) Councilman Kuehn's appointm
of Gordon Kilmer and reappointment of
Charles Paskerian.
(District 7) Councilman Williams'appoint
of Cindy Houston and Margaret Sangster.
The following appointments to the Transportat
Motion
x
Plan Citizens Advisory Committee for a term
Ayes
x
x
x
x
x
x
x
ending December 31, 1977 were confirmed:
(District 1) Councilman Rogers' reappoin
of Walter Koch and William Agee.
(District 2) Councilman McInnis' reappoi
ment of Richard Clucas and Merrill Skill
(District 3) Mayor Pro Tem Barrett's
reappointment of John Haskell and Curt D
(District 4) Mayor Dostal's reappointmen
of Herman Basmaciyan and David Tosh.
(District 5) Councilman Ryckoff's appoir
ment of Jean Watt and reappointment of
Virginia Vosburg.
Volume 31 - Page 28
MINUTES
INDEX
Lot-
it CEQCAC
)r
I:
ant
:went
:ment
Lnt-
-01 Litter
CAC
:ment
it-
Lot-
ant
vent
Lon I Trans Plan
CAC
ment
it-
Log.
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CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL February 14, 1977
MINUTES
(District 6) Councilman Kuehn's appointment
of Robert Stoessel and Harold T. Joanning.
(District 7) Councilman Williams' reappoint-
ment of Calvin McLaughlin and Robert Curci.
Mayor Dostal's reappointment of Hans Lorenz and
Tech 011
George P. Zebal to the Technical 011 Advisory
Adv Cmte
Motion
x
Committee for a four -year term ending December 31,
Ayes
x
x
x
x
x
x
x
1980 was confirmed.
2. Reports were presented from the Parks, Beaches
Atherton
and Recreation Commission and the Planning
Initiative
Commission regarding the Initiative Petition in
connection with the dedication of park and
recreational lands.
A report was presented from the City Manager.
Dr. Atherton, proponent and circulator of the
petition, addressed the Council.
Motion
x
The issue was postponed to April 11, 1977.
Ayes
x
x
x
x
x
x
x
3. A report was presented from the Public Works
Ticonderoga
Director regarding the request of the Newport
Street
Crest Homeowner's Association for the vacation
of Ticonderoga Street as a public street.
•
A letter from Robert F. Waldron was presented
opposing the possible vacating of Ticonderoga.
Joan Doherty, a member of the Board of the
Newport Crest Homeowner's Association, and John
Shea, representing the West Newport Improvement
Association, addressed the Council in favor of
the vacation.
Motion
x
The issue was referred to the City Attorney for
Ayes
x
x
x
x
x
x
x
a legal opinion to come back to Council on
February 28, 1977.
4. A letter from the Corona del Mar Traffic and
CdM Traffic
Parking Task Force Committee was presented
Survey
requesting that their report to Council in
connection with the traffic survey questionnaire
be postponed to February 28.
The date for the traffic survey questionnaire to
Motion
x
be presented to Council was postponed to Febru-
Ayes
x
x
x
x
x
x
x
ary 28 in accordance with the request of the
Task Force Committee.
5. A report was presented from the Community Develop-
Bayside
ment Department regarding the Planning Commission
Drive
public hearing on the proposed Master Plan for
Park
Bayside Drive Park, a plan initiated by the
•
Parks, Beaches and Recreation Commission, and
the acceptance of an enviroxrnental document,
located on the northerly side of the right -of-
way for Bayside Drive, between Carnation Avenue
and Larkspur Avenue in Corona del Mar.
A report was presented from the Parks, Beaches
and Recreation Director to the City Manager.
Volume 31 - Page 29
COUNCILMEN
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ROLL CALL February 14, 1977
MINUTES
INDEX
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3rd St
rvine Av
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Lag Pole
The Bayside Drive Park Master Plan, with the
exception of the installation of the tennis
Motion
x
courts, was approved, subject to the findings
x
x
x
x
x
x
and conditions recommended by the Planning
s
x
Commission, and the environmental document was
accepted.
CURRENT BUSINESS:
1. A letter from the Carden School dated January 21
Ca
requesting a renewal of their lease on the
Sc
property at Fifth and Marguerite was presented
with a letter from John Wilson dated January 28
requesting to be heard in this connection.
John Wilson addressed the Council.
The following people addressed the Council and
stated their preference for the location at
Fifth and Marguerite over the Cliff Drive
church site for a Senior Citizens Center: Jeanne
Wanlass, member of the Community Development
Citizens Advisory Committee, Fern Pirkle and
Ruth Kahn.
Motion
x
Councilman Kuehn made a motion to postpone the
issue to May 9.
Motion
x
Councilman Ryckoff made a substitute motion to
Ayes
x
x
renew the lease for one year, from August 1,
x
x
x
x
x
1977 to August 1, 1978, which motion failed to
carry.
Councilman Williams asked that Councilman
Kuehn's motion be amended to state the date as
being "May 9 or sooner," which amendment was
accepted by the maker of the motion.
Ayes
x
x
x
x
x
x
x
A vote was taken on Councilman Kuehn's motion,
as amended, which motion carried.
2. A report was presented from the Public Works
L:
Director regarding the proposed Newport Center
Branch Library (Contract No. 1861).
Motion
x
The plans and specifications for the proposed
Ayes
x
x
x
x
x
x
x
Newport Center Branch Library were approved.
3. A report was presented from the Public Works
V.
Director regarding the vacation and abandonment
2.
of an unused portion of 23rd Street and Irvine
I'.
Avenue (northeasterly of Irvine Avenue realigned
between 22nd and 23rd Streets).
The formal proceedings to vacate and abandon
Motion
x
the unused portions of 23rd Street and Irvine
Ayes
x
x
x
x
x
x
x
Avenue were postponed for six months.
4. A report from the Public Works Director regarding
B
the request of the Balboa Island Improvement
F
Association to install a Bicentennial flag
pole was presented with the request letter from
the Association.
Volume 31 - Page 30
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rvine Av
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Lag Pole
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CALL s \ \ February 14, 1977
The installation of a flag pole at the north-
INDEX
ition
x
easterly side of the Balboa Island Bridge was
x
x
x
x
x
x
x
approved, subject to the following conditions:
(a) That the pole be located as shown on
the exhibit attached to the report;
(b) That there be no advertising placed on
the pole;
(c) That the pole be properly maintained;
(d) That an encroachment permit be secured
from the Public Works Department;
(e) That the height not exceed 35'; and
(f) That the applicant be notified in
writing that the permit is revocable
and the pole will be removed if condition
are not met.
5. A report was presented from the Public Works
Vacation/
Director regarding the vacation and abandonment
Pub Utility
of a public utility easement over Lot 49, Tract
Easement
No. 9261 and quitclaim deed for water line
Lot 49
easement adjacent to Lot 49, located on Yacht
Tract 9261
Resolute in "Seaview Area" (Broadmoor Homes,
Inc.).
,tion
x
The following resolutions were adopted:
es
x
x
x
x
x
x
x
Resolution No. 8988 adopting a map showing
R -8988
the existing 10 -foot public utility easement
to be vacated and abandoned (Lot 49, Tract
'
No. 9261 -Yacht Resolute - Seaview Area).
Resolution No. 8989 declaring Council's
R -8989
intention to order the vacation and abandon-
ment of an existing 10 -foot wide public
utility easement over Lot 49, Tract No. 9261,
and setting a public hearing for March 14,
1977.
Resolution No. 8990 authorizing the Mayor
R -8990
and City Clerk to execute a quitclaim deed
for a water line easement southeasterly of
Lot 49, Tract No. 9261 (Yacht Resolute -
Seaview Area).
6. A report was presented from the Public Works
Stop Signs
Department regarding traffic controls on Dover,
Westcliff and Santiago Drives in the Westcliff
area.
The following people addressed the Council and
protested the thirty -five mile per hour speed
limit proposed for Westcliff Drive between Dover
and Santiago: Mark Bridl, Gerald Greer and Ed
Fretz.
A proposed ordinance, being, AN ORDINANCE OF THE
CITY OF NEWPORT BEACH AMENDING SECTION 12.24.040
OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH
A SPEED LIMIT ON WESTCLIFF DRIVE BETWEEN DOVER
DRIVE AND SANTIAGO DRIVE, was postponed, to be
Volume 31 - Page 31
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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Motion
x
brought.back to the Study Session on February 28,
Ayes
x
x
x
x
x
x
x
and the following resolutions were adopted:
Resolution No. 8991 designating an inter-
R -8991
section at which vehicles are required to
stop and directing the Traffic Engineer to
erect the necessary stop signs (Westcliff
Drive at Santiago Drive).
Resolution No. 8992 designating an inter-
R -8992
section at which vehicles are required to
stop and directing the Traffic Engineer to
erect the necessary stop signs (Westcliff
Drive at Dover Drive).
Resolution No. 8993 designating an inter-
R -8993
section at which vehicles are required to
stop and directing the Traffic Engineer to
erect the necessary stop signs (Pescador
Drive at Santiago Drive, and southbound on
Santiago Drive at Pescador Drive), and
rescinding Resolution No. 7558.
7. A report was presented from the Public Works
Resub 465
Director regarding Resubdivision No. 465,
Corporate Plaza, subdivider - The Irvine Company,
located in an area bounded by East Coast Highway,
Newport Center Drive, Farallon Drive and future
extension of Avocado Avenue, in Newport Center.
ion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 8994 approving the Parcel
R -8994
Map and Resubdivision No. 465 (Corporate
Plaza) and accepting the offers of dedica-
tion in connection therewith.
Resolution No. 8995 approving an agreement
R -8995
between the City of Newport Beach and The
Irvine Company, and authorizing the Mayor
and City Clerk to execute said agreement
(Resubdivision No. 465).
Resolution No. 8996 authorizing the Mayor
R -8996
and City Clerk to execute a subdivision
agreement between the City of Newport Beach
and The Irvine Company in connection with
Resubdivision No. 465.
Resolution No. 8997 approving an agreement
R -8997
for construction of curb, gutter, sidewalk
and street lights for Corporate Plaza and
authorizing the Mayor and City Clerk to
execute said agreement (Resubdivision No.
465).
8. A report was presented from the Parks, Beaches
Council
•
and Recreation Commission recommending that
Policy
Council Policy I -14, be amended to incorporate
open space criteria.
i
Volume 31 - Page 32
CITY OF NEWPORT BEACH
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ROLL CALL s \ February 14, 1977
Council Policy I -14, "Policy Statement for Park
otion
x
Land Acquisition," was amended as recommended by
Ix
x
x
x
x
x
x
the Parks, Beaches and Recreation Commission.
CONSENT CALENDAR:
otion
x
The following items were approved by one motion
yes
x
x
x
x
x
x
x
affirming the actions on the Consent Calendar:
1. The following ordinances were introduced and set
for public hearing on February 28, 1977:
(a) Proposed Ordinance No. 1705, being AN
Community
ORDINANCE OF THE CITY OF NEWPORT BEACH
Development
AMENDING SECTIONS 20.80.050, 20.81.040,
Procedures
20.82.040, 20.84.030, 19.12.040 AND 19.12.070
0 -1705
OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY
PERTAIN TO THE REQUIRED NOTICE OF OWNERS OF
PROPERTY LOCATED OUTSIDE THE LIMITS OF THE
CITY OF NEWPORT BEACH AND ADDING SECTIONS
20.80.077, 20.81.075, 20.82.080 AND 20.84.070
PERTAINING TO THE REQUIRED NOTICE OF COUNTY
ASSESSOR AND THE OWNER OF RECORD OF ACTIONS
TAKEN TO GRANT USE PERMITS, MODIFICATION
PERMITS, VARIANCE PERMITS AND OTHER AMEND-
MENTS WHICH RESULT IN ANY CHANGE FROM ONE
DISTRICT TO ANY OTHER DISTRICT. (Report
from the Community Development Department)
(b) Proposed Ordinance No. 1706, being, AN
Hearing
ORDINANCE OF THE CITY OF NEWPORT BEACH
Notices
ADDING SECTION 20.82.070 ENTITLED "RIGHT OF
0 -1706
REVIEW BY CITY COUNCIL" TO TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE, Planning
Commission Amendment No. 480, providing the
right of review by City Council in connec-
tion with Variance Permits. (Report from
the Community Development Department)
(c) Removed from the Consent Calendar.
(d) Proposed Ordinance No. 1707, being, AN
District
ORDINANCE OF THE CITY OF NEWPORT BEACH
Map 11
REZONING PROPERTY AND AMENDING DISTRICTING
0 -1707
MAP NO. 11 (806, 808, 810, 812 AND 814 EAST
OCEAN FRONT, 107 "A" STREET AND 815 EAST
BALBOA), Planning Commission Amendment No.482
amending portions of Districting Map No. 11
from the C -1 District to the R -2 District.
(Report from the Community Development
Department)
(e) Removed from the Consent Calendar.
(f) Proposed Ordinance No. 1708, being, AN
District
ORDINANCE OF THE CITY OF NEWPORT BEACH
Map 11
REZONING PROPERTY AND AMENDING DISTRICTING
0 -1708
NO. 11 (807 AND 809 EAST BAY AVENUE AND
10
900 EAST BALBOA BOULEVARD, ALSO KNOWN AS
900
901 EAST BAY AVENUE), Planning Commission
Amendment No. 481, amending portions of
Districting Map No. 11 as follows: From
the C -1 District to the R -2 District, a
portion of Lot 3 and Lot 4, Block 11,
Volume 31 - Page 33
COUNCILMEN MINUTES
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Balboa Tract Eastside Addition, known as
807 and 809 East Bay Avenue; and from the
C -1 District to the R -3 District, Lot 1,
Block 13, Balboa Tract Eastside Addition,
known as 901 East Bay Avenue. (Report from
the Community Development Department)
Ordinances introduced and passed to second
reading on February 28, 1977:
(g) Removed from the Consent Calendar.
(h) Removed from the Consent Calendar.
(i) Removed from the Consent Calendar.
2. The following resolutions were adopted:
(a) Resolution No. 8998 authorizing the Mayor
Resub 499
and City Clerk to execute a quitclaim deed
R -8998
for water and sewer line easements over
Parcels 1 and 2, Resubdivision No. 499
(Bullock's Wilshire site in Newport Center).
(Report from the Public Works Director)
(b) Resolution No. 8999 awarding a contract to
Water Main
Pacific Pipeline Construction Company in
Constr &
connection with water main construction and
Replacement
replacement, Corona del Mar and Balboa
CdM & Balboa
Peninsula, 1976 -77, Contract No. 1808.
Peninsula
•
(Report from the Public Works Director)
R -8999
(c) Resolution No. 9000 authorizing the Mayor
Coast Hwy
and City Clerk to execute a cooperative
Bicycle
agreement between the City of Newport Beach
Trail
and the County of Orange for construction
R -9000
of the Coast Highway Bicycle Trail from
Newport Boulevard to 58th Street. (Report
from the Public Works Department)
(d) Resolution No. 9001 declaring the month of
Burglary
March to be burglary prevention month.
Prevention
(Report from the Chief of Police)
R -9001
(e) Resolution No. 9002 donating certain surplus
Donation
radio equipment to the Orange County Chapter
R -9002
of the American National Red Cross. (Report
to the City Manager from the Purchasing
Agent and letter from the American Red
Cross)
(f) Resolution No. 9003 terminating the Joint
Greenbelt
Powers Agreement establishing the Santa Ana
Comsn
River and Santiago Creek Greenbelt Commis-
R -9003
sion and approving the Greenbelt Imple-
mentation Plan. (Exhibit)
(g) Resolution No. 9004 designating Via Malaga
One -Way
•
a one -way street for eastbound traffic only
Street
from Via Oporto to Via Lido. (Report from
R -9004
the Public Works Department)
Volume 31 - Page 34
CITY OF NEWPORT BEACH
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MINUTES
3. The following communications were referred as
indicated:
(a) To the Planning Commission for inclusion in
Jeannette
the public hearing, a copy of a letter from
Appeal
the Corona del Mar Chamber of Commerce and
a letter from Nigel Bailey & Associates
opposing rezoning of the property at the
corner of Dahlia and Fifth Avenue, Planning
Commission Amendment No. 478. (Exhibits)
(b) To staff for reply, a letter from William
Animal
J. McFadden regarding a citation he received
Control
while on the beach with his dog and stating
he was a visitor who had received incorrect
information from a female lifeguard.
(Copies mailed to Council) (Report from
the Marine Director)
(c) To staff for reply, a letter from Pat and
Special
Bob Hauk requesting permission to block off
Event
a portion of Acacia Avenue for their
daughter's wedding which would be held in
their yard and the yard across the street.
(Copies mailed to Council)
(d) To Pending Legislation and Ethics Committee,
Property
a letter from the City of Westminster
Taxes
enclosing a newspaper clipping regarding
their reduction of city taxes to reduce the
tax burden caused by the increase in
assessed valuation. (Copies mailed to
Council)
(e) To staff for reply, a letter and resolution
Burglary
of the Orange County Criminal Justice
Prevention
Council declaring the month of March as
Month
Burglary Prevention Month and suggesting
the City of Newport Beach adopt a similar
resolution. (Copies mailed to Council)
(f) To Pending Legislation and Ethics Committee,
Death
a letter and resolution from the Orange
Penalty
County Division of the League of Cities in
support of reinstating the death penalty
through State legislation consistent with
the United States Supreme Court guidelines
on the subject. (Copies mailed to Council)
(g) To the City's representative to the League,
League
from the Orange County Division of the
Calif
League of Cities regarding applications for
Cities
appointments and re- appointments to the
Adv Cmte
State League Advisory Committees. (Copies
Appts
mailed to Council)
(h) To the staff for inclusion in on -going
Tract 9620/
study, a letter from Michael A. Gramme, Jr.
Castaways
requesting that a moratorium be placed on
the Castaways property including Tract No.
9620. (Exhibit)
Volume 31 - Page 35
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(i) To staff for inclusion in on -going study, a
Senior
letter from Elaine Linhoff suggesting using
Citizens
the vacant church building on Cliff Drive
Center
for a Senior Citizens Center temporarily
and leasing the Fifth and Marguerite site
for another year. (Exhibit)
(j) To staff for inclusion in on -going study, a
Sign
letter from Blackie Gadarian opposing any
Ordinances
new sign ordinances. (Exhibit)
4. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) Letters from Reed B. Scott and Robert V.
Staats opposing the one -way couplet in
connection with Mariners Mile Specific Area
Plan. (Copies mailed to Council)
(b) A letter from Mrs. William J. Chilson in
appreciation of the rescue efforts of the
Paramedic team. (Copies mailed to Council)
(c) A news release from the publishers of the
Orange County Illustrated, the Orange
County Business and the Orange County
Dining Guide announcing that George Calamaras
has been named editorial director of these
magazines. (Copies mailed to Council)
'
(d) A letter from Mrs. Karl B. Zorn opposing
the proposed Bayside Drive Park and stating
that she would like to see the property
left in its natural state. (Copies mailed
to Council)
(e) A letter from John Butler stating that he
cannot gain access to his boat, moored at
D -28, without trespassing, because the Lido
Isle Homeowner's Association has hired a
security guard to inform the public that
there is no access to the water from Lido
Isle. (Copies mailed to Council)
(f) A letter from the Balboa Improvement Associa-
tion advising that Tom Fox is the new
president of their Association. (Copies
mailed to Council)
(g) A letter from the Orange County Division of
the League of California Cities regarding
the formula for distribution of park bond
monies as prescribed by the Nejedly -Hart
State, Urban and Coastal Park Bond Act of
1976. (Copies mailed to Council)
(h) Letters from Ronald Cordova stating that he
is working on legislation opposing the sale
of record information by the Department of
Motor Vehicles. (Copies mailed to Council)
Volume 31 - Page 36
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
�p �� 9
% 00 �L fG ?in
r
ROLL CALL � � �\ February 14, 1977 INDEX
M A letter from Senator Dennis E. Carpenter
regarding the selling of names and addresses
to individuals by the Department of Motor
1
Vehicles. (Copies mailed to Council)
(j) Resolutions from the cities of Placentia
and South E1 Monte opposing the selling of
names and addresses to individuals by the
Department of Motor Vehicles.
(k) A letter to Mayor Dostal from the Assessment
and Treatment Services Center of Coastal
Orange County thanking Council for the
funding of $90.00 for each youngster
referred to the center by Newport Beach
during 1977. (Copies mailed to Council)
(1) A letter to Mayor Dostal from Commuter
Computer announcing the location of their
new office in Anaheim. (Copies mailed to
Council)
(m) A letter to Mayor Dostal from the City of
Orange stating that they are preparing a
resolution recommending that the Greenbelt
Commission be dissolved. (Copies mailed to
Council)
(n) Resolutions from the cities of Garden
Grove, Buena Park and Cypress urging the
Congress of the United States to conduct an
'
investigation of the procedures, methods of
notification and the impact of the proposed
plan to transfer administration of the Los
Alamitos Naval Air Station to the California
National Guard.
(o) A Notice of Hearing before the Public
Utilities Commission of the Application of
Airport Service, Incorporated for authority
to adjust its rates.
(p) A Notice of Hearing before the Public
Utilities Commission of the application of
Greyhound Lines, Inc. for a two -step raise
in passenger fares and express rates in
parts of Nevada and California.
(q) A Notice of Hearing before the Public
Utilities Commission of the Southern
California Gas Company to engage in a solar
demonstration project and to include in its
rates the amounts necessary to fund a solar
energy program.
(r) Agenda of the Board of Supervisors meetings
of January 25 and 26 and February 1, 2, 8
and 9, 1977.
1
(s) A letter from SPON restating their position
that more open space is needed in the City
and that the small portion of the Castaways
site in the up- coming bond election is not
sufficient. (Copies mailed to Council)
Volume 31 - Page 37
CITY OF NEWORT BEACH
COUNCILMEN
9p� ypp�/.'FG;C
s
ROLL CALL \ \ February 14, 1977
MINUTES
(t) A letter from Jane A. Hilgendorf in support
of the construction of a bicycle bridge at
the Arches overpass. (Copies mailed to
•
Council)
(u) A letter from the Department of Housing and
Community Development attaching the second
draft of the Department's proposed revision
of the State Housing Element Guidelines.
(Copies mailed to Council)
5. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Sandy Ann Camire for damage to her
Camire
Moped sustained when she struck the open
door of a City vehicle at 23rd Street in
Newport Beach on December 18, 1976, alleging
negligence on the part of the City's driver
in not checking properly before he opened
the door.
(b) Claim of Eva L. Hines alleging the wrongful
Hines
death of her husband which occurred in the
parking lot of Albertson's Market, 3049
East Coast Highway, on or about December 17,
1976, when he stepped into the line of
fire and was shot by a Police officer who
was attempting to stop a fleeing robbery
•
suspect.
(c) Claim of Helen E. Miali for personal injuries
Miali
allegedly sustained when she tripped and
fell on an uneven part of the sidewalk at
the corner of Seaview and Iris in Corona
del Mar on January 12, 1977.
(d) Removed from the Consent Calendar.
(e) Subrogation claim of United Services Auto
United
Association for $130.89 in connection with
Services
a claim paid by them to Patricia B. Jones
Auto Assn
for damage to Mrs. Jones'car on September 9,
1976, allegedly caused when a tree limb
broke and fell on her car at 308 Poppy
Avenue in Corona del Mar.
(f) Claim of Patricia A. Coxon for damage to
Coxon
her car, allegedly sustained when it was
struck by a City vehicle while parked at
the corner of Highland and David Drive in
Newport Beach on December 29, 1976.
(g) Claim of Frank A. Guzman for damage to his
Guzman
car allegedly sustained when it was struck
by a City vehicle on Lafayette Avenue in
•
Newport Beach on January 5, 1977.
(h) Claim of David Salaets for loss of his car,
Salaets
allegedly as a result of his arrest which
forced his passenger to drive the car
resulting in an accident which totally
wrecked the car.
Volume 31 - Page 38
56 i `y° O F rJ E',NOK#]
COUNCILMEN
.A 7Op <'fG \C�
°c ��9m \q
c�`� y 9F'A9C p� Sy
s � T
ROLL CALL \ \ February 14, 1977
MINUTES
itincv
6. The City Clerk's referral to the City Attorney
!
and the Public Works Department for appropriate
action on the following claim was confirmed:
•
(a) Claim of John L. Meek Construction Co.,
John L.
Inc. for costs incurred in the performance
Meek
of the contract for Timber Pile Replacement
Constr Co
(C -1827) beyond those anticipated at the
time of the bid.
7. The following Applications for Leave to Present
Late Claim were denied:
(a) Application for Leave to Present Late Claim
Drca
of Sharon A. Drca for damage to her car,
allegedly sustained when it was struck by a
City vehicle at 318 Via Lido Nord in Newport
Beach on September 22, 1976.
(b) Application for Permission to File Late
Automobile
Claim of Automobile Club of Southern Califor-
Club
nia, Subrogee of Ferol Ballenger for damage
to Ms. Ballenger's car allegedly sustained
when it was struck by a City vehicle on
August 28, 1976 at Ford Road in Newport
Beach.
8. The following request to fill personnel vacancies
was approved: (Report from the City Manager)
•
(a) One Purchasing Clerk I in the Finance
Department to fill a position to be vacant.
9. The following staff and committee reports were
received and ordered filed:
(a) Memorandum from the City Attorney regarding
Senior
the use of the First Baptist Church on Cliff
Citizens
Drive as a Senior Citizens Center. (Exhibit)
Center
(b) Memorandum from the City Attorney regarding
Building
a moratorium on building. (Exhibit)
Moratorium
(c) Memorandum from the Traffic Affairs Committee
Parking
responding to the letter from Marguerite E.
Forgit regarding parking. (Exhibit)
(d) Memorandum from the Chairman of the Litter
Litter
Control Citizens Advisory Committeee regard-
ing the California Anti- Litter League Annual
State -wide Conference and Workshop. (Exhibit)
(e) Memorandum from the Transportation Plan
Newport
Citizens Advisory Committee regarding
Center
Newport Center Traffic Study, Phase II.
Traffic
(Exhibit)
Study
10. Matters set for public hearing on February 28,
•
1977:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
i
Volume 31 - Page 39
CITY OF NE%M ORT BEACH
COUNCILMEN
�O �'c 16 sib
c'. F '2
ROLL CALL February 14, 1977
MINUTES
II.
11. The staff was authorized to enter into informal
Balboa
contracts to make interim structural repairs to
Island
the Balboa Island Bridge. (Report from the
Bridge
•
Public Works Director)
12. The work on the Lido Island Bridge Pedestrian
Lido Island
Walkway Addition, Contract No. 1814, was accepted;
Bridge
and the City Clerk was authorized to file a
Pedestrian
Notice of Completion and to release the bonds
Walkway
35 days after the Notice of Completion has been
filed. (Report from the Public Works Director)
13. The public improvements constructed in conjunction
Tract 8445
with Tract No. 8445, located on the south side
of Ford Road between Jamboree Road and MacArthur
Boulevard in Big Canyon, were accepted; and the
City Clerk was authorized to release the
Faithful Performance Bond and to release the
Labor and Materials Bond in six months provided
no claims have been filed. (Report from the
Public Works Director)
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. Harbor Permit Application #112 -507 by R. H.
Harbor
Vallely to revise a commercial facility and
Permit
construct a bulkhead at 507 Bay Avenue was
approved,subject to the approval of the U. S.
Army Corps of Engineers. (Report from the
•
Marine Department)
17. The plans and specifications for the Traffic
Traffic
Signal at Balboa and Main, Contract No. 1895,
Signal
was approved; and the City Clerk was authorized
Balboa
to advertise for bids to be opened at 10:30
& Main
A.M. on March 3, 1977. (Report from the Public
Works Department)
18. The expense account of Councilman Kuehn in the
amount of $92.00 for attendance at the League
of California Cities Planning Institute in Los
Angeles on February 2 and 3, 1977, was approved.
19. The following budget amendments were approved:
BA -63, $1,900.00 transfer of Budget Approporiation
for funds for additional sweeping of bike
trails from Unappropriated Contingency Reserve
to General Services -Field Maintenance, Overtime,
Automotive Service and Special Departmental
Supplies, General Fund.
BA -64, $100.00 increase in Budget Appropriations
and in Revenue Estimates for purchase of Library
Books with funds donated by the Tuesday Club,
from Unappropriated Surplus and Donations and
Contributions to Libraries, Special Departmental
•
Expense, Library Fund.
i
Volume 31 - Page 40
01 "n M 129REM11110 15M
COUNCILMEN
90 y �0 �c F�\o
N i
1, 9p ,A �y y
F.p 9 t^�9� �'^ y \ ?ice
ani i rni i s �� \ February 14, 1977
MINUTES
INDEX -_
eed
mits
iimal
mtrol
•1709
►rbor
zrmit
istrict
ap 48
BA -65, $30,800 increase in Budget Appropriations
and decrease in Unappropriated Surplus for
architectural fees, soils report and grading
for Newport Center Library, to Newport Center
•
Branch Library, Building Excise Tax Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Traffic Affairs
S1
Committee regarding the establishment of a
L:
fifty mile per hour speed limit on San Joaquin
Hills Road from Marguerite Avenue to Spyglass
Hills Road.
A proposed ordinance, being, AN ORDINANCE OF
THE CITY OF NEWPORT BEACH AMENDING SECTION
12.24.058 OF THE NEWPORT BEACH MUNICIPAL CODE
TO ESTABLISH A SPEED LIMIT ON SAN JOAQUIN HILLS
Motion
x
ROAD FROM MARGUERITE AVENUE TO SPYGLASS HILLS
Ayes
x
x
x
x
x
x
x
ROAD, was postponed to February 28.
2. A report was presented from the City Attorney
A
regarding an amendment to the ordinances relating
C,
to animals running at large and impoundment to
give animal control officers the option of
either having the animal impounded or citing
the owner.
Proposed Ordinance No. 1709, being, AN ORDINANCE
0
OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS
7.16.010 AND 7.16.020 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO ANIMALS AT LARGE -
Motion
x
IMPOUNDING, as amended, was introduced and
Ayes
x
x
x
x
x
x
x
passed to second reading on February 28, 1977.
3. A report was presented from the Marine Department
H
regarding the Harbor Permit Application No.
P
109 -1905 by Robert Sumpf to construct a wooden
retaining wall at 1905 E. Bay Avenue.
Mayor Pro Tem Barrett stepped down from the
Council table due to a possible conflict of
interest.
Motion
x
Harbor Permit Application No. 109 -1905 was
Ayes
x
x
x
x
x
approved, subject to the conditions of approval
Noes
x
recommended by the staff.
Abstain
x
Mayor Pro Tem Barrett resumed his seat at the
Council table.
4. Reports were presented from the Community
Development Department regarding the following:
Planning Commission Amendment No. 477, a request
T
of McLain.Enterprises to amend a portion of
N
Districting Map No. 48, consisting of 4.45
acres located along the westerly edge of the
•
Irvine Coast Country Club, from the Unclassified
District to the Planned Community District; to
establish Planned Community Development Standards
for the Sea Island Apartment Site located on
the easterly side of Jamboree Road northerly of
East Coast Highway; and the acceptance of an
environmental document.
i
Volume 31 . - Page 41.
INDEX -_
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istrict
ap 48
�' r! ";` O F r►J E '� P ;� F,'tiT��7E�TG�1T� W
COUNCILMEN
oc vp 0
\ \ February 14, 1977
ROLL CALI
MINUTES
INOFV
Tentative Map Tract No. 9620, a request of The
Tract 9620
Irvine Company to subdivide ten acres into twenty -
eight lots for residential development, one lot
to be developed as landscape open space, four lots
to be developed as streets, and three lots for
flood control purposes; located southwesterly of
Westcliff Drive between Dover Drive and Santiago
Drive in Westcliff; zoned P -C.
Resubdivision No. 537, a request of McLain Enter-
Resub 537
prises to create one parcel of land for development
as an apartment site; located at 1100 Jamboree
Road, on the easterly side of Jamboree Road
across from the Newporter Inn; zoned P -C and
Unclassified.
Bob Vasquez, representing The Irvine Company,
addressed the Council opposing these postponements.
The Tentative Map for Tract No. 9620 and Resub-
Motion
x
division No. 537 were set for public hearing on
Ayes
x
x
x
x
x
x
x
March 14, and the following ordinances were
introduced and set for public hearing on March
14:
Proposed Ordinance No. 1710, being, AN ORDINANCE
District
OF THE CITY OF NEWPORT BEACH REZONING PROPERTY
Map 48
AND AMENDING DISTRICTING MAP NO. 48 AND ESTAB-
0 -1710
LISHING THE PLANNED COMMUNITY DEVELOPMENT PLAN
AND DEVELOPMENT STANDARDS FOR "SEA ISLAND."
•
Proposed Ordinance No. 1711, being, AN ORDINANCE
Westcliff
OF THE CITY OF NEWPORT BEACH ESTABLISHING A
Grove
PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT
0 -1711
STANDARDS FOR "WESTCLIFF GROVE."
Motion
x
5. Approval was given for Mayor Milan M. Dostal to
Travel
Ayes
x
x
x
x
x
x
attend the Annual Congressional -City Conference
Authorization
Noes
x
sponsored by the National League of Cities on
March 6 -8, 1977, in Washington, D.C.
6. The claim of James Balis Hill was presented for
Claim/
reimbursement of vacation pay which was withheld
Hill
when he resigned from his job with the City on
December 3, 1976 and to which he claims he is
entitled.
James Hill addressed the Council.
Motion
x
The claim was denied.
Ayes
x
x
x
x
x
x
x
7. A report was presented from the Public Works
Balboa
Department regarding Balboa Island Bridge weight.
Island
and speed restrictions.
Bridge
Proposed Ordinance No. 1712, being, AN ORDINANCE
Speed
•
OF THE CITY OF NEWPORT BEACH ADDING SECTION
12.32.015 ENTITLED "BALBOA ISLAND BRIDGE SPEED
Limit
0 -1712
RESTRICTIONS" TO THE NEWPORT BEACH MUNICIPAL
Motion
x
CODE was introduced and passed to second reading
Ayes
x
x
x
x
x
x
x
on February 28, 1977.
i
Volume 31 - Page 42
COUNCILMEN
\ALL P p ROLL C T February 14, 1977
MINUTES
iiunry
ADDITIONAL BUSINESS:
1. The employment of a specialist in labor
Labor
ion
x
negotiations was authorized for a maximum amount
Negotiator
s
x
x
x
x
x
of $7,500.
Noes
x
x
Motion
x
2. A proposed emergency ordinance declaring a
Building
Ayes
x
x
x
moratorium on building on the remaining
Moratorium
Noes
x
x
x
x
undeveloped areas in the City failed adoption.
3. Ordinance No. 1713, being,
Balboa
Island
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Bridge
ESTABLISHING A MAXIMUM WEIGHT LIMIT FOR THE
Weight
BALBOA ISLAND BRIDGE FOR A PERIOD OF NINETY
Limit
DAYS AND DECLARING THE ORDINANCE TO BE
0 -1713
NECESSARY AS AN EMERGENCY MEASURE TAKING
EFFECT ON THE DAY IT IS INTRODUCED AND
ADOPTED,
Motion
x
was adopted.
Ayes
x
x
x
x
x
x
x
Mayor Dostal declared the meeting adjourned at
11:35 P.M.
Mayor
ATTEST:
City Clerk
•
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Volume 31 - Page 43