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Home My WebLink About11/14/1977 - Regular MeetingCOUNCILMEN Po �� v �0 c� �! 'A��by��"�,q( ROLL CALL \ CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: November 14, 1977 MINUTES IKI ncv *sent x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion x October 25, 1977 was waived, and said Minutes were Ayes x x x x x x x approved as written and ordered filed. 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 on the Alley Paving report of the Public Works Director on the cost Bl 3 of work for alley paving in Block 3, Balboa Tract Balboa Tr accomplished under Chapter 27 of the Improvement (2425) Act of 1911 (informal contract). A report was presented from the Public Works Director. Paul Morgan and Lloyd Patterson addressed the Council opposing the assessments. Motion x The hearing was continued to November 28. Ayes x x x x x x x 2. Mayor Dostal opened the public hearing regarding Vacation the vacation and abandonment of an unused portion 23rd St/ • of 23rd Street and Irvine Avenue, northeasterly Irvine Av of Irvine Avenue realigned between 22nd and 23rd (2797) Streets. A report was presented from the Public Works Director. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one desired to be heard. Motion x Resolution No. 9214, ordering the vacation and R -9214 Ayes x x x x x x x abandonment of an unused portion of 23rd Street and Irvine Avenue, was adopted. 3. Mayor Dostal opened the public hearing regarding Curb Cut appeals in connection with the Council's decision Abatements on restoration of abandoned driveways in Corona (687) del Mar from the following: Carter B. Wurts, Albert Jobe, Gordon McClellan, Maurice Stauffer, Dan R. Wiseman, Mrs. Ruth C. Edwards and Dillon R.,Cox, Trustee for the Brady Estate. A report was presented from the Public Works Director. A slide presentation was made by the Public Works Director and the Assistant General Services Director showing the locations of the abandoned • driveways. Carter Wurts and Ruth Edwards addressed the Council opposing the restoration of the curbs adjacent to their property. i Volume 31 - Page 284 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 19 6 O P \ F Fp w 9 9tw < Sy �y. �' November 14, 1977 ROI I CAI I \ \ IIunl:v ion x The hearing was closed after it was determined a x x x x x x x that no one else desired to be heard. The decision of the staff to restore certain . Motion x abandoned driveways was sustained with four Ayes x x x x x x x exceptions, and it was agreed that those four would be considered separately. Motion x The staff decision was overruled, and the curb Ayes x x x x x x x cut at 528 Hazel Avenue was allowed to remain. Motion x The staff decision was overruled, and the curb Ayes x x x x x x x cut at 336 Hazel Avenue was allowed to remain. Motion x The staff decision to abandon the driveway at Ayes x x x x 2700 Ocean Boulevard was sustained. Noes x x x Motion x The staff decision was overruled, and the curb Ayes x x x x x x cut on the west side of Heliotrope Avenue at the Noes x rear of 2828 Ocean Boulevard was allowed to remain. Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest in con - nection with the next item of business. 4. Mayor Dostal opened the public hearing regarding Pease Appeal/ the appeal of Harvey D. Pease from the decision Bayside Sq of the Planning Commission on October 6, 1977 (2803) • approving the Development Plan Review of Bayside Square, a development plan requested by Innovative Development Concepts, Irvine, for a proposed . office building for portions of Lots 1 and 2, Tract 3232, located at 1101 Bayside Drive on the southeast corner of Bayside Drive and Marine Avenue, adjacent to the Balboa Island Bridge; zoned C -1. The appeal of Harvey D. Pease was presented with a report from the Community Development Depart - ment. The following people addressed the Council in favor of the proposed office building at the corner of Bayside Drive and Marine Avenue: David Neish of Urban Assist, Inc. representing The Irvine Company; Robert Millar, a member of the Board of Directors of the Little Island Property Owners Association; and Morgan Stanley. Motion is Robert Millar was granted five more minutes for Ayes x x x x x x his presentation. Absent x Motion x David Neish was granted three more minutes for Ayes x x x x x x his presentation. �bsent x The following people addressed the Council in opposition to the development of an office I Volume 31 - Page 285 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9p 4� 9 pO�IL 16 'tip, P G+ C .�. 4`,s y tn� v 'A p� y �yis m T November 14 1977 ROLL CAI l \ \ inincv building at the corner of Bayside Drive and • Marine Avenue: Harvey Pease., the appellant who presented a petition bearing 203 signatures, Shirley'Knutsen and Joanne La Montagne. Motion x The hearing was closed after it was determined Ayes x x x x x x that no one else desired to be heard. Absent x Herman Kimmel addressed the Council and answered questions regarding traffic projections for the area. Motion x Councilman Ryckoff made a motion to overrule the Ayes x decision of the Planning Commission, which motion Noes x x x x x failed to carry.. Absent x Motion x Councilman McInnis made a motion to sustain the decision of the Planning Commission incorporating by reference the findings and conditions of the Planning Commission. Councilman Rogers requested an amendment to the motion to require that the placement of bicycle racks in the park be referred to the Parks, Beaches and Recreation Commission for approval, which was accepted by the maker of the motion. We x x x x x A vote was taken on Councilman McInnis' amended Noes x motion, which motion carried. Absent x Mayor Pro Tem Barrett resumed his seat at the Council table. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1753, being, Sign Code 0 -1753 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (1926) ADDING CHAPTER 20.06 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CONTROL AND REGULATION OF SIGNS AND DELETING AND AMENDING CERTAIN SECTIONS OF TITLE 20 RELATING TO SIGNS, Planning Commission Amendment No. 493, a request initiated by the City of Newport Beach. A report was presented from the Community Develop - ment Department. Letters from Charles E. Hirsch of Macnab- Irvine Realty Company and William C. Hardesty were presented approving the sign ordinance permitting • real estate signs in accordance with the staff recommendation dated October 19, 1977. i Volume 31 - Page 286 CITY OF NEWPORT BEACH COUNCILMEN 9p c!9\FSy ON November 14, 1977 MINUTES INDEX Chris Hurd addressed the Council opposing the ordinance. Motion x Ordinance No. 1753 was adopted. Ayes x x x x x x x 2. Ordinance No. 1754, being, Com Dev Procedures AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1754 AMENDING CHAPTER 20.11 OF THE NEWPORT BEACH (1376) MUNICIPAL CODE BY MAKING SAID CHAPTER AP- PLICABLE ONLY TO R -1, R -3 AND R -4 DISTRICTS AND AMENDING CHAPTER 20.15 OF THE NEWPORT BEACH MUNICIPAL CODE BY AMENDING THE DEVELOP- MENT STANDARDS IN THE R -2 DISTRICT, Planning Commission Amendment No. 486, a request initiated by the City of Newport Beach. Motion x Ordinance No. 1754 was adopted. Ayes x x x x x x x 3. Ordinance No. 1756, being, PERS 0 -1756 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY (617) OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (ADDITIONA CHOICE TO ELECT THE 1959 SURVIVORS BENEFIT), was presented for second reading. Motion x Ordinance No. 1756 was adopted. Ayes x x x x x x x CONTINUED BUSINESS: 1. The Appointments Committee recommended to the Ping Comsn Council that the resignation of Larry Lynch be (530F) requested because conflicts of interest result in his not being able to act on all matters before the Planning Commission. _ Motion x Larry Lynch's resignation from the Planning Ayes x x x x x x x Commission was requested. The appointment of a member to fill the unexpired Motion x term of Larry Lynch ending June 30, 1981 was Ayes x x x x x x x postponed to November 28, 1977. 2. City Arts Commission Appointments: City Arts Comsn The recommendation of the Appointments Committee (120F) Motion x was confirmed and George Jeffries was appointed to Ayes x x x x x x x fill the unexpired term of Reginald Jones ending June 30, 1980. Wtion The recommendation of the Appointments Committee x was confirmed and Thomas Garver was appointed as Ayes x x x x x x x ex- officio member to fill the unexpired term of Shirley A. Wilson ending June 30, 1978. i Volume 31.- Page 287 CITY OF NEWPORT BEACH COUNCILMEN 904 y00�f �\ G,�9C� � < ROLL CALL November 14, 1977 \ MINUTES INnFX • CURRENT BUSINESS: 1. Reports dated October 25, 1977 were presented from Business the City Attorney and from the City Manager License concerning business license tax modifications. Tax 0 -1757 Motion x Councilman Ryckoff made a motion to introduce the (891) following ordinance and pass to second reading on November 28, 1977: Ordinance No. 1757, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.04; SECTIONS 5.08.010 AND 5.08.024 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR THE COLLECTION OF A GROSS RECEIPTS TAX ESTABLISHING A MINIMUM TAX AND OPTIONAL METHOD OF DETERMINING TAX AND BECOMING EFFECTIVE UPON ITS DATE OF ADOPTION, FIXING THE RATE OF TAXATION. Joe Moreland of Moreland Electric in Garden Grove addressed the Council and opposed the business license fee. The following people addressed the Council and basically approved the ordinance but asked that it be reviewed through the year: Dennis Harwood, President of the Newport Harbor Area Chamber of Commerce; William Kull, representing the Corona • del Mar Chamber of Commerce; and Todd Nicholson, Executive Director of Irvine Industrial League. Ayes x x x x x x x A vote was taken on Councilman Ryckoff's motion, which motion carried. 2. A letter from Christine Hurd, agent for Mr. and Balboa Mrs. Loren Buist, owners of property located at Blvd. 202 and 202 -1/2 - 34th Street, was presented Widening asking the City to purchase the property in (438) connection with the widening of Balboa Boulevard and stating that a hardship exists. A report was presented from the Public Works Director. Chris Hurd addressed the Council and stated she was present to answer any questions. Motion x The staff was authorized to retain an appraiser to Ayes x x x x x x determine the fair market value of 202 and 202 -1/2 Noes x - 34th Street. 3. A report was presented from the City Manager Council regarding the Boards Commissions and Committees Committees Manual. (1123) Motion x The Boards, Commissions and Committees Manual was Ayes x x x x x x x approved as amended, and Resolution No. 9215, R -9215 reaffirming various standing and ad hoc City Council Committees; deleting the Beacon Bay Lease - Committee and the Big Canyon, Bluffs and Land Trade Remnant Property Committee; and rescinding Resolution No. 8970, was adopted. i Volume 31 - Page 288 CITY OF NEWPORT BEACH COUNCILMEN MINUTES Ccr p O� ON Cy< � T'FG �y y 3c y y/ November l4, 1977 ROLL LL \ \ INDEX 4. A report was presented from the Marine Department Harbor • regarding Harbor Permit Application 11110 -1200 by Permit Dr. Deeb and Niels Christiansen to add a 10 -foot (304F) extension to an existing float at 1200 E. Balboa Boulevard. Letters opposing the requested pier extension were presented from Barbara 0. Sargeant, Thomas H. Childs, Dr. William F. House and a petition bearing twenty -one signatures of area residents. Marine Director David Harshbarger and Tidelands Coordinator Glen Weldon gave a brief staff report with a slide presentation. Michael Gering, attorney representing Dr. Deeb, Motion x addressed the Council and was granted three Ayes x x x x x x x additional minutes for his presentation. The following people addressed the Council and urged approval of the float extension: Niels Christiansen, Mrs. Christiansen, Ernest George and Dr. Edward Deeb. Motion x Dr. Deeb was granted three aditional minutes for Ayes x x x x x x x his presentation. The following people addressed the Council and opposed the float extension: Thomas Childs, John • Negus, Joan Corbin Smith, Dan Gilliland and Gilbert Smith. Motion x Harbor Permit Application 11110 -1200 to add a 10- Ayes x x x x x x x foot extension to an existing float at 1200 E. Balboa Boulevard was denied. 5. A letter addressed to Councilman Kuehn from Anita Litter J. Ferguson resigning from the Litter Control CAC Citizens Advisory Committee due to business (2046) demands was presented. Motion x Mrs. Ferguson's resignation was accepted with Ayes is x x x x x x regret; the City Clerk was directed to prepare a Certificate of Appreciation; and Councilman Rogers' (District 1) appointment of a member to fill the unexpired term ending December 31, 1977 was postponed to November 28, 1977. 6. A letter from the National League of Cities was National presented asking the City to designate Voting and League Alternate Voting Delegates for the Annual Congress of Cities of Cities in San Francisco, December 3 -7, 1977. (2530) Motion x Mayor Dostal and Mayor Pro Tem Barrett were Ayes x x x x x x x designated as the Voting Delegates, and Councilmen Kuehn and Rogers as the Voting Alternates; and the City Clerk was directed to notify the National • League of Cities. 7. A letter was presented from Ladislaw Reday, Ensign Vw Secretary- Treasurer of the City Arts Commission, Park stating that the Musical Theater Guild of Newport (1294) Volume 31 - Page 289 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9c ( y PA ypF t+n P F� ROLL CALL \ \ November 14, 1977 itincv Beach has offered to fund the purchase of sound • equipment for the Newport Community Theater in Ensign Park for a maximum amount of $2,500.00 and asking that the Council notify the Guild in writing of its acceptance of the fund. Motion x The Mayor was directed to write a letter accepting Ayes x x x x x x x the proposed donation by the Musical Theater Guild. 8. A report was presented from the Police Department Bicycle regarding legislation regulating motorized Regs bicycles (Mopeds). (134) Motion x The proposed letters from the Mayor to Senator Ayes x x x x x Carpenter and Assemblyman Cordova asking that they Noes x x consider the introduction of legislation to bring uniformity to Moped regulations were approved; and Resolution No. 9216,requesting the Orange County R -9216 Division League of California Cities to support State legislation regulating motorized bicycles (Mopeds), was adopted. 9. The request for assignment of the contract for oil Armstrong production from Armstrong Petroleum Corporation to Petroleum Motion x Partnership Properties Company and Petro -Lewis (122) Ayes x x x x x x x Corporation was postponed to November 28, 1977. 10. A report was presented from the City Manager Council regarding an amendment to Council Policy L -2 Policy dealing with closure of curb cuts and abandoned (430F) driveway approaches. Motion x Amended Council Policy L -2, "Driveway Approaches" Ayes x x x x x x x was approved. 11. A report was presented from the Traffic Affairs Street Committee regarding the removal of paving at the Ends Channel Road Street end. (2817) Motion x The staff was directed to take the following Ayes x x x x x x x steps: (a) Coordinate the preparations of a plan for removal of pavement and installation of sand at the Channel Road Street end. (b) Prepare necessary Environmental Docu- ments for the project. (c) Apply for Coastal Zone Permit. (d) Prepare the necessary budget amendments to construct the project. Mayor Pro Tem. Barrett stepped down from.the Council table due to a possible conflict of interest in con- nection with the next item. . 12. A report was presented from the Community Develop- Eastbluff ment Department regarding a request initiated by Drainage • the City of Newport Beach, Holstein Industries and (2336) the Bluffs Homeowners' Association to authorize a study of the groundwater conditions in the Bluffs area. Volume 31 - Page 290 CITY OF NEWPORT BEACH COUNCILMEN 7 O� �A .p OC��'A C ROLL. CGII �\ \ November 14. 1977 MINUTES IN I]FX John Stuart addressed the Council and stated that • the Bluffs Homeowners' Association did not contem- plate contributing funding for the groundwater study, and suggested that The Irvine Company might be willing to participate. Grading Engineer James Evans gave a brief staff report. James Dooley, representing Holstein Company, addressed the Council and recommended that the John Mann study be accepted by the City. Motion x Mr. Dooley was granted three additional minutes Ayes x x x x x x for his presentation. Absent x Motion x The subject was postponed to December 12, 1977. Ayes x x x x x x Absent x Mayor Pro Tem Barrett resumed his seat at the Council table. CONSENT CALENDAR: Motion x The following actions were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following resolutions were adopted: • (a) Resolution No. 9217 designating intersection Stop Signs at which vehicles are required to stop and R -9217 directing the Traffic Engineer to erect (8F) necessary stop signs (Monrovia and 16th Street). (A report from the Public Works Department) (b) Resolution No. 9218 approving the parcel map Resub 557 for Resubdivision No. 557 and accepting the R -9218 offer of dedication of a bicycle and pedes- (2880) trian easement and the vehicular access rights to Jamboree Boulevard. (A report from the Public Works Director) (c) Resolution No. 9219 setting forth the total CEQCAC membership of the Environmental Quality R -9219 Control Citizens Advisory Committee, together (1058) with certain procedural rules; and rescinding Resolution No. 8656. (Attached) 2. The following communications were referred as indicated: (a) To staff for reply, a letter from the Newport Greenville Shores Community Association requesting help Banning from all agencies that would be involved in Channel the dredging of the Greenville - Banning (148) Channel, and the legal status of the portion needing dredging. (Copies mailed to Council) (b) To staff for reply, a letter from the Traffic Mariners Church concerning the ingress and Complaints (1154F) I Volume 31 - Page 291 CITY OF NEWPORT BEACH COUNCILMEN MINUTES \y0 9 O0 tpk c�'p 3 T tp ROLL CALL \ \ November 14, 1977 iNnaY egress to their parking lot at Bison and • Jamboree on Sunday mornings and weekday rush hours. (Copies mailed to Council) (c) To staff for reply, a letter from C. P. Harbor Avery concerning the need for a bulkhead to Permit control the erosion of the City park land at #124 -3300 the public beach on the northwest corner of (304F) the Lido Island bridge adjacent to the marina at 3300 Via Lido since a new operator has leased the marina and will undoubtedly request a dredging permit. (Copies mailed to Council) (d) 'To staff for reply, a letter from James C. Complaints Harris objecting to the fines imposed for (600) expired meter parking by the City of Newport Beach. (Copies mailed to Council) (e) To staff for inclusion in on -going study, a Animal letter from Margaret Vochelli for SCOOP Control asking that all sides of pet control be (862) considered before over - restrictive measures are taken against dogs. (Copies mailed to Council) (f) To Pending Legislation and Procedural Ethics SCAG Committee, a letter from Senator Richardson (447F) concerning SCAG. (Copies mailed to Council) • (g) To staff for reply, a request from the State Mobilehome Office of Research for completion of a Parks survey questionnaire concerning mobilehome (807) parks. (Copies mailed to Council) (h) To staff for reply, a letter asking for Anti- Litter possible projects that will be eligible for (2046) funding from the State Solid Waste Management Board in connection with the Litter Control, Recycling, and Resource Recovery Act of 1977 (SB 650) which provides funds for eligible programs. (Copies mailed to Council) (i) To staff for reply, a letter from the Litter Street Control Citizens Advisory Committee requesting Sweeping mandatory no parking for scheduled street (639F) sweeping. (Attached) (j) Removed from the Consent Calendar. (k) To staff for report back, a letter from Traffic Louise H. Cote, a teacher at Mariners Signal School, requesting a stop light at the Priorities intersection of Mariners Drive and Irvine (711) Avenue. (Attached) 3. The following communications were referred to the City Clerk for filing and inclusion in the • records: (a) A letter to Mayor Dostal from the Mayor of (436) San Diego expressing appreciation for support ' Volume 31 - Page 292 CITY OF NEWPORT BEACH COUNCILMEN p 4. v �o �� (('ptl \�^y�y �yif+ 9�S ��( O� y �Zs ROLL CALL November 14, 1977 MINUTES for the no- strike resolution proposed at the • annual League of California Cities' convention. (Attached) (b) A copy of a letter to Chief Gross from Julie (600) J. Beck regarding a parking ticket received in Newport Beach. (Copies mailed to Council) (c) A letter from Herbert C. Estes objecting to (2030) the bids for the Newport Center Branch Library. (Copies mailed to Council) (d) A letter to Mayor Dostal from Supervisor (576) Riley regarding the reduction in the water consumption by Orange County. (Copies mailed to Council) (e) Removed from the Consent Calendar. (f) A copy of a letter and an addendum to the (1920) State Real Estate Commissioner from Feldsott, Parker and Lee, attorneys for Newport Garden Villas Homeowners Association, a condominium conversion project, for the purpose of analyzing any developer malfeasance in con- nection with the construction of the project, and presenting any appropriate administrative claims thereon, and listing the complaints of the homeowners. (Copies mailed to Council) • (g) A letter to the City Manager from the City of (1755) Orange supporting the City of Yorba Linda's resolution concerning the redistribution of sales tax revenues and enclosing a copy of their own resolution opposing the redistribu- tion of sales tax revenues on the basis of population. (h) Removed from the Consent Calendar.' (i) A letter from the Citizens for Class Action (772) Lawsuits requesting information regarding our ordinance permitting charitable solicitation and whether they would qualify to solicit funds under the terms of the ordinance. (Attached with a copy of the City Attorney's reply) (j) A letter from the Orange County Division of (2529) the League of California Cities advising that they will have to charge for "no- show" dinner reservations. (Copies mailed to Council) (k) A letter from the Orange County Division of (228) the League of California Cities attaching a report from the City of San Clemente regarding population projection figures used by SCAG which might have a detrimental effect on various funding sources. (Copies mailed to Council) i Volume 31 - Page 293 CITY OF NEWPORT BEACH COUNCILMEN MINUTES A v O0 ;c cF�f�C94,9F �T��,ty'fyyi ROLL CALL November 14, 1977 INDEX • (1) A letter from the Orange County Division of the League of California Cities regarding (2526) SCAG's request for League Divisions to participate in Air Quality Management Plan- ning Process as spelled out in AB 250. (Copies mailed to Council) (m) A notice from the Local Agency Formation (20) Commission regarding a hearing on November 9, 1977 in connection with the proposed annexa- tion to the City of Costa Mesa designated Pacifica Vista Annexation located north- westerly of the intersection of Pacific Avenue and Wilson Street. (Attached) (n) A notice that on December 8, 1977 the State (20) Department of Health will hold a public hearing in the Auditorium at 714 P Street, Sacramento, commencing at 10:00 o'clock a.m. (Attached) (A 64 -page booklet is on file in the City Clerk's office) (o) A copy of a letter to the County Auditor from (824) the State Controller regarding apportionment of Trailer Coach Fees indicating the net amount for Orange County for the period ended June 30, 1977 to be $1,426,071.41. (Copies mailed to Council) • (p) Notice of Filing of Application before the (20) Public Utilities Commission for rate increase by the Southern California Gas Company for gas service. (q) Notice of Filing Application for Rate Change (20) before Public Utilities Commission by the Southern California Edison Company for time - of -use pricing tariff. (r) Notice of Hearing before the Public Utilities (20) Commission in the matter of the application of the Southern California Edison Company for authority to modify its energy cost adjustment clause. (s) Notice of Filing Application before the (20) Public Utilities Commission of Western LNG Terminal Associates, Pacific Gas and Electric Company and Pacific Lighting Service Company for a permit authorizing the construction and operation of an LNG terminal. (t) Notice of Prehearing Conference before the (20) Public Utilities Commission of the Commis- sion's own motions and the application of Western LNG Terminal Associates, Pacific Gas and Electric Company and Pacific Lighting Service Company for a permit authorizing the • construction and operation of an LNG terminal. (u) Notice of Investigation before the Public (20) Utilities Commission into the matter of the i Volume 31 - Page 294 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9p �� q ppp'pt 'FG 1 �s � ROLL CALL \ \ November 14, 1977 INDEX adoption of regulations governing the safety • and construction of a liquefied natural gas terminal in the State of California. (v) Agenda of the Board of Supervisors meetings (20) of October 25 and 26, November 1, 2, 3, 8 and 9, 1977. 4. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Allstate Insurance Company, subrogee Allstate for their insured, Helen K. Hull, for per- Ins Co/ sonal injuries and property damage when two Hull cars were involved in an accident at Clay (2814) Street and Riverside Drive on July 22, 1977 allegedly due to traffic markings that are obscured by a tree. (b) Claim of Michael Johnson for Money for Johnson Damages for False Arrest, False Imprisonment, (2813) Assault and Battery and Emotional Distress, which allegedly occurred on August 6, 1977 at the home of the claimant, 2912 Broad Street, Newport Beach. (c) Claim of Judy Johnson as Guardian ad Litem Johnson for Jeffery Johnson, a minor, for Money for (2815) Damages for False Arrest, False Imprisonment, • Assault and Battery and Emotional Distress, which allegedly occurred on August 6, 1977 at the home of the claimant, 2912 Broad Street, Newport Beach. (d) Claim of James Edward Cobb for personal Cobb injuries sustained on July 23, 1977 when he (2812) was arrested and allegedly pushed off the steps of the police vehicle by a police officer. The incident occurred at 10:15 p.m. in the 7300 block of West Ocean Front, Newport Beach when the claimant was being arrested. (e) Claim of Frank Foellmer,Jr, for damage to his Foellmer VW bus when it was hit by a City vehicle (2811) while stopped at a red light on Newport Boulevard at the Baker Street intersection on September 8, 1977. (f) Claim of the Southern California Gas Company So Calif for the cost of repairing damage to their gas Gas Co main located at 65 Montecito, Newport Beach, (2810) allegedly damaged by a backhoe on or about September 12, 1977 by the City's Water Department. (g) Claim of Loren Todd Hendrix, a minor, and his Hendrix parents and guardians, Mr. and Mrs. Loren (2809) Hendrix, Sr., for personal injury when on September 5, 1977, he received an electric shock while playing on a surfboard near a private dock in the vicinity of 812 through 824 Via Lido Nord. Volume 31 - Page 295 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 'Pp 1: v po �A c` �l 9 S < Z F� 'v �� RALI. CALLS $S \ \ November 14, 1977 INDEX 5. The City Clerk's referral of the following Summons • and Complaint to the insurance carrier was con- firmed: (a) Summons and Complaint of Ellen B. Smith for Smith . Personal Injuries and Damages, Orange County (2739) Superior Court, Case No. 27- 77 -69. The original claim was for injuries sustained on June 4, 1977 when she twisted and fractured her left foot on the broken asphalt as she stepped off the curb at the southeast corner of 26th Street and Balboa Boulevard. 6. The following request to fill personnel vacancies (1203F) was approved: (Report from the City Manager) (a) Two Building Maintenance Man I positions in the General Services Department to fill positions now vacant. (b) One Key Punch Operator position in the Finance Department to fill a now vacant position. (c) One Maintenance Painter position in the Public Works Department to fill a now vacant _ position. (d) Four Utilities Serviceworker positions now • vacant in the Public Works Department. (e) Two Fire Engineer positions in the Fire Department to fill two positions now vacant. (f) One Emergency Equipment Dispatcher position in the Police Department to fill a now vacant position. (g) Two Parking Control Officer positions that will be vacant in the Police Department. (h) One Police Clerk I position in the Police Department to fill one position that will be vacant. 7. The following staff reports were received and ordered filed: (a) Memorandum from the City Manager regarding Rape Crisis H.E.R.E. rape crisis clinic recommending no Clinic financial support. (Attached) (2818) (b) Removed from the Consent Calendar. 8. The plans and specifications for the 16th Street Utilities Utility Service Yard Improvements, Phase II, Service Contract No. 1942, were approved; and the City Yard • Clerk was authorized to advertise for bids to be opened at 2:30 p.m. on December 8, 1977. (A (2199) report from the Public Works Director) i Volume 31 - Page 296 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL November 14, 1977 INDEX 9. The plans and specifications for the Cement - Mortar W Npt/ • Lining of Cast Iron Water Pipe, West Newport and Balboa Penin Balboa Peninsula, Contract No. 1979, were approved; Water Mains and the City Clerk was authorized to advertise for (2819) bids to be opened at 10:30 a.m. on November 30, 1977. (A report from the Public Works Director) 10. The public improvements reconstructed in conjunc- Resub 516 tion with Resubdivision No. 516, located at (2349) Newport Boulevard and Via Lido, were approved. (A report from the Public Works Director) 11. The improvement of the Alley along the North Side Npt Shores of West Coast Highway between Walnut and Lugonia Specific Streets, and the improvement of portion of Walnut Plan and Lugonia Streets (West Newport area) which were (1642) constructed in conjunction with the development of Lots 4, 5, 6, 11, 12 and 13, Block 5, Seashore Colony Tract (202, 204 and 206 Lugonia and 203, 205 and 207 Walnut), were accepted. (A report from the Public Works Director) 12. The public improvements in Resubdivision No. 518 Resub 518 constructed in conjunction with Resubdivision No. (2616) 518, located on the northwesterly corner of East Coast Highway and Jasmine Avenue in Corona del Mar were accepted; and the City Clerk was author- ized to release the Letter of Credit No. 1161 issued by the Idaho First National Bank in six months providing no claims have been filed. (A report from the Public Works Director) 13. Harbor Permit Application 11128 -3017 by Joe Mymmeli Harbor to construct a bulkhead at 3017 West Coast Highway. Permit (A report from the Marine Department) I (304F) 14. The following maintenance dredging harbor permits Harbor were approved subject to the conditions of ap- Permit proval under the general permit issued by the (304F) Corps of Engineers: $116 -1100 - Stephen Barnard, 1100 W. Bay Avenue; 11116 -1104 - Dr. Deiterich, 1104 W. Bay Avenue; 6151 -1107 - Jerald Hampton, 1107 N. Bay Front; 11109 -1805, Howard House, 1805 E. Bay Avenue; and 11109 -1813 - Willard Voit, 1813 E. Bay Avenue. (A report from the Marine Depart- ment) 15. The following budget amendments were approved: BA -34, $100.00 increase in Budget Appropriations and increase in Revenue Estimates, funds to assist in providing stage and lighting facilities for the Newport Community Theatre in Ensign View Park - donation from City National Bank, Lido Village Office, from Unappropriated Surplus to Phase II Ensign View Park, Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) • BA -35, $270.00 transfer of Budget Appropriations for chair for City Manager's office, from Un- appropriated Contingency Reserve to Furniture and Fixtures, General Fund. i Volume 31 - Page 297 COUNCILMEN 'P '% 9 O Z G�� C �,sy SyN S T � ROLL CALL Motion Ayes Noes Motion Ayes C] Motion Ayes Motion Ayes Motion Ayes 0 CITY OF NEWPORT BEACH MINUTES November 14. 1977 Campaign Expendi- tures (750) Anti- Litter (2046) Anti- Litter (2046) Orange County Airport (195) License Plate Survey (2561) BA -36, $8,250.00 increase in Budget Appropriations for installation of blacktop parking lot for the OASIS Center and the purchase of four light standards, from Reserve for Senior Citizen Site to Senior Citizen, Services- Prof., Tech., Etc., Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director) BA -37, $450.00 increase in Budget Appropriations for ten folding tables at Senior Citizen facility, from Reserve for Senior Citizen Site to Senior Citizen, Furniture and Fixtures, Park and Recrea- tion Fund. (A report from the Parks, Beaches and Recreation Director) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A memorandum from the Pending Legislation and x Procedural Ethics Committee regarding Municipal • x x x x Election Campaign Contributions and Expenditure x x Control Ordinance was received and ordered filed. 2. A letter from the Chairman of the Orange County Board of Supervisors requesting adoption of a resolution concerning the Orange County Solid x Waste Management Enforcement Agency was referred • x x x x x x to staff for study and report back. 3. A copy of a letter to Supervisor Schmit from the Mayor of Seal Beach, a member of the Solid Waste Management Technical Advisory Council, regarding the appointment of members to an Enforcement Board x as mandated by AB 2439 was referred to the City • x.x x x x x Clerk for filing and inclusion in the records. 4. A letter to Mayor Dostal from Senator Alan Cranston regarding the Air Transportation Regulatory Reform Act of 1977 and a new bill to establish a program x to reduce aircraft noise was referred to staff for • x x x x x x report back. ADDITIONAL BUSINESS: x 1. The Mayor was directed to write a letter to x x x x x x x Supervisor Riley in support of the proposed license plate survey for the coastal area by the Environmental Management Agency. The meeting was adjo at 1 :1 a.m., November 15, 1977. Mayor / ATTEST: City Cler Volume 31 - Page 298 I i Campaign Expendi- tures (750) Anti- Litter (2046) Anti- Litter (2046) Orange County Airport (195) License Plate Survey (2561)