HomeMy WebLinkAbout02/13/1978 - Regular MeetingCITY OF NEWPORT BEACH
COUNCILMEN
4 p\F\
ppc ��v�0��� G� n Regular Council Meeting
C, Place: Council Chambers
ps9 ;��� Time: 7:30 P.M.
ROLL CALL
Date: February 13, 1978
MINUTES
INQFX
sent
x
x
x
x
x
x
Roll Call.
sentt.
x
Motion
x
The reading of the Minutes of the Regular Meeting of
Ayes
x
x
x
x
x
x
January 23, 1978 was waived, and said Minutes were
Absent
x
approved as written and ordered filed.
Motion
x
The reading in full of all ordinances and resolutions
Ayes
x
x
x
x
x
x
under consideration was waived, and the City Clerk was
Absent
x
directed to read by titles only.
HEARINGS:
1. Mayor Pro Tem Barrett opened the public hearing
Harbor
regarding Amendment No. 502, a request to amend
Vw Hills
the Planned Community Development Plan for Harbor
PC Dev
View Hills to permit residential development, a
(1112)
private open space and recreation area, and a
City park where a reservoir site now exists, and
the acceptance of an environmental document on
property located at 2023 Spyglass Hill Road, on
the southeasterly corner of Spyglass Hill Road
and San Miguel Drive in Harbor View Hills; zoned
P -C.
A report was presented from the Community Develop-
ment Department.
•
David Neish, representing The Irvine Company
(applicant) and Mike Mohler, Project Engineer,
addressed the Council.
Motion
x
Mr. Neish was granted two additional minutes for
Ayes
x
x
x
x
x
x
his presentation.
Absent
x
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
Mayor Pro Tem Barrett stepped down from the
Council table due to a possible conflict of
interest regarding this item and the hearing on
Tentative Map of Tract No. 10151. Mayor Pro Tem
Barrett appointed Councilman McInnis as Temporary
Chairman to conduct the meeting.
Motion
x
The environmental document was accepted; and
Ayes
x
x
x
x
x
Resolution No. 9271, adopting certain amendments
R -9271
Absent
x
x
to the Planned Community Development Plan for
Harbor View Hills to permit changes in the land
use map and text, and accepting an Environmental
Document (Amendment No. 502), was adopted.
2. Temporary Chairman McInnis opened the public
Tract 10151
hearing regarding Tentative Map of Tract No.
10151, the subdivision of 20± acres into forty -
.
one numbered lots for a single - family residential
development, one numbered lot to be developed as
an open space and recreation area, one numbered
lot to be developed as a City park, and three
Volume 32 - Page 26
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
.Pp $� y 0p 'pA 'F6
G �� p U0 '2
F,p� 9i^�9! p�'sy �yg+
ROI.I C61 1 �� \ February 13, 1978 � nc
lettered lots to be developed as streets on
•
property located at 2023 Spyglass Hill Road, on
the southeasterly corner of Spyglass Hill Road
and San Miguel Drive in Harbor View Hills; zoned
P -C.
A report was presented from the City Attorney
regarding Park Dedication ordinance credits.
David Neish, representing The Irvine Company
(applicant), addressed the Council and stated
that they concur with the 14 findings and 32
conditions of approval; that they concur with the
amendment of Finding No. 13 and Condition No. 33
as proposed by staff; and suggesting that Council
make a finding that the 1.68 acres in excess of
the normal requirement would be in reasonable
proximity to future development sites.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
that no one else desired to be heard.
Absent
x
x
Motion
x
Councilman Ryckoff made a motion to approve the
Tentative Map of Tract No. 10151, incorporating
by reference the findings and conditions recom-
mended by the Planning Commission, with the
exception of Conditions 4 and 33, and to deny at
this time credit for excess park dedication.
Councilman Williams asked that the motion be
amended to include an additional addition that
Lot 42 shall be landscaped with native and
drought- resistant plants that would be compatible
with the contiguous nature park, which amendment
was accepted by the maker of the motion.
The hearing was reopened to hear from the develop-
er regarding the grading referred to in Condition
4.
Mike Mohler addressed the Council in regard to
the grading.
Motion
x
The hearing was closed.
Ayes
x
x
x
x
x
Absent
x
x
Ayes
x
A vote was taken on Councilman Ryckoff's motion,
Noes
x
x
x
x
which motion failed to carry.
Absent
x
x
Motion
Councilman Kuehn made a motion to approve the
Ayes
x
x
x
x
Tentative Map of Tract No. 10151, incorporating
Noes
x
by reference the findings and conditions recom-
Absent
x
x
mended by the Planning Commission, to exempt
Condition No. 33; to deny credit for excess park
dedication; and to incorporate Councilman Williams
•
additional condition regarding landscaping Lot
42.
Volume 32 - Page 27 .
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
.p 9 OO -P
ROLL CALL February 13, 1978 INDEX
•
Mayor Pro Tem Barrett resumed his seat at the
Council table.
CONTINUED BUSINESS:
1. A letter from L. D. Hubbell was presented regard-
Encroach-
ing encroachment permit for property located at
ment
2919 Cliff Drive.
Cliff Dr
Park
A report was presented from the Parks, Beaches
(2582)
and Recreation Director.
Parks, Beaches and Recreation Director Cal
Stewart gave a brief report.
Larry Hubbell, representing Mrs. Barbara Gartler,
addressed the Council.
Motion
x
An encroachment for 25 years was granted which
Ayes
x
x
x
x
x
x
would clear title for the sale to proceed.
Absent
x
CURRENT BUSINESS:
1. A letter from Feldaott & Lee was presented
Sundance Dr
requesting Council to consider the vacation of
Dedication
Sundance Drive now that the City is no longer a
(2380)
party to the lawsuit involved.
_
•
A letter from Welton & Company was presented
regarding Sundance Drive street access.
A report was presented from the City Attorney.
Martin Lee of Feldaott & Lee, representing the
Newport Condominium Homeowners Association,
addressed the Council and urged consideration of
the vacation of Sundance Drive.
Motion
x
The request was denied.
Ayes
x
x
x
x
x
x
Absent
x
Mayor Pro Tem Barrett stepped down from the Council
table due to a possible conflict of interest on the
following item and appointed Councilman McInnis as
Temporary Chairman.
2. A letter from Jean Watt for L.E.A.F. was pre-
Moratorium
sented regarding a proposed building moratorium.
(2873)
A letter from the Balboa Island Improvement
Association was presented supporting a moratorium
on developments of ten or more units, or greater
than 10,000 square feet imposed by the Council.
Letters from Marguerite Forgit and from the.
Newport Harbor Chamber of Commerce were presented
opposing a building moratorium.
Volume 32 - Page 28
CITY OF NEWPORT BEACH
COUNCILMEN
.pp �` 7 Op pA
��PS \\2
��m P0
MINUTES o�yy yes
ROLL CGLI \ February 13, 1978
MINUTES
IN f1FV
•
The City Attorney reviewed for Council the State
law on moratoriums, and reminded the Council that
six affirmative votes were necessary to adopt an
emergency ordinance.
The following people addressed the Council in
favor of a building moratorium: Jean Watt,
representing L.E.A.F.; Daniel Emory; Shirley
Knutsen; and Frank Robinson.
Motion
x
Jean Watt was granted an additional three minutes
Ayes
x
x
x
x
x
for her presentation.
Absent
x
x
Motion
x
Daniel Emory was granted two additional minutes
Ayes
x
x
x
x
x
for his presentation.
Absent
x
x
The following people addressed the Council and
opposed a building moratorium: Glen Martin,
executive officer of Newport Harbor Board of
Realtors; Marguerite Forgit; Evelyn Hart for
Newport Heights Homeowners Association; Goldie
Joseph; and Dick Reese, Vice President for
Planning for The Irvine Company who read a letter
in full.
Motion
x
Mr. Reese was granted eight minutes for his
x
x
x
x
x
presentation.
Wnt
x
x
Motion
x
The item was continued to February 27, 1978.
Ayes
x
x
x
x
x
Absent
x
x
Mayor Pro Tem Barrett resumed his seat at the Council
table.
Councilman McInnis was excused from the meeting.
3. A report was presented from the Parks, Beaches
Council
and Recreation Director regarding an amendment to
Policy
Council Policy I -5.
(430F)
Motion
x
Council Policy I -5, "Use, Priorities and Fees for
Ayes
x
x
x
x
x
Facilities and Equipment" was amended as recom-
Absent
x
x
mended by staff.
Mayor Pro Tem Barrett stepped down from the Council
table due to a possible conflict of interest on the
following item and appointed Councilman Ryckoff as
Temporary Chairman.
4. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application No. 259 -106
Permits
by Gary Levitt to replace an existing float at
(304F)
106 S. Bay Front.
Won.
x
The application was approved subject to the
Ayes
x
x
x
x
condition that no vessel shall be moored on the
Absent
x
x
x
outside of the slip.
Volume 32 - Page 29
CITY OF NEWPORT BEACH
COUNCILMEN
9p y pp AA f 3.0
G�p(9�
T
Qc� ��^f?yi
Rnll 0611 \ February 13. 1978
MINUTES
INnFV
Councilman Barrett resumed his seat at the Council
table.
5. A resolution was presented supporting the San
SE OrCo
Joaquin Hills Transportation Corridor and endors-
Circulation
ing the specific alignment.
Study
(2158)
Motion
x
Resolution No. 9272, supporting the San Joaquin
R -9272
Ayes
x
x
x
x
x
Hills Transportation Corridor and endorsing
Absent
x
x
specific alignment indicated on Exhibit "A ", was
adopted.
6. A letter from the Newport Crest Homeowners
State Hwy
Association was presented requesting permission
Surplus
to address Council.
Land
(1308)
Louise Greeley and David Shores, representing
Newport Crest Homeowners Association, addressed
the Council regarding letters from the State
Department of Transportation concerning property
lying oceanward of Newport Crest owned by Beeco
which is being offered for sale and urging
Council to purchase the property.
It was agreed that the staff would contact.the
State regarding the price of the property and
come back to a future meeting with the information
as well as suggestions as to possible sources.
7. A report was presented from the City Manager
Unemploy-
regarding State - mandated unemployment insurance.
ment Ins
(2620)
Motion
x
The "Local Public Entity Employees' Fund" option
Ayes
x
x
x
for unemployment insurance was selected, and the
Noes
x
x
employment of Chandler- Jordan Associates was
Absent
x
x
authorized.
CONSENT CALENDAR:
Motion
x
The following actions were approved by one motion
Ayes
x
x
x
x
x
affirming the actions on the Consent Calendar:
Absent
x
x
1. The following resolutions were adopted:
(a) Resolution No. 9273 appointing Election
Election
Officers and establishing their compensation,
R -9273
designating polling places, and providing
(12)
for the opening and closing of the polls for
the General Municipal. Election to be held on
April 11, 1978. (A report from the City
Clerk)
(b) Resolution No. 9274 authorizing the Mayor
Marine Dept
and City Clerk to execute a lease between
Shop /Garage
the City and the County of Orange Harbors,
R -9274
Beaches and Parks District in connection
(1964)
with leasing the City ground for construc-
tion of the Marine Department shop /garage
structure on Harbor District property. (A
_
report from the Marine Department)
Volume 32 - Page 30
CITY OF NEWPORT BEACH
COUNCILMEN
90�i 9GO��'FG\
ROLL CGLL \L \ \ February 13, 1978
MINUTES
INnFV
(c) Resolution No. 9275 authorizing the Mayor
Ford /MacAr-
•
and City Clerk to execute an Agreement for
thur
Engineering Services between the City and
Intersectn
Simpson- Steppat Consulting Civil Engineers
R -9275
in connection with the design of Ford Road
(2872)
and MacArthur Boulevard intersection
modifications. (A report from the Public
Works Department)
(d) Resolution No. 9276 approving the Parcel
Resub 559
Map for Resubdivision No. 559, subject to
R -9276
dedication to the City of an easement for
(2780)
an off -site storm drain, and accepting the
Offer of Dedication of Mariners Drive. (A
report from the Public Works Department)
(e) Resolution No. 9277 approving a Subdivision
Resub 559
Agreement guaranteeing completion of the
R -9277
improvements required with Resubdivision
(2780)
No. 559, and authorizing the Mayor and
City Clerk to execute said agreement.
(f) Resolution No. 9278 designating an inter-
Stop Signs
section at which vehicles are required to
R -9278
stop and directing the Traffic Engineer to
(8F)
erect necessary stop signs (Baycrest Road
at Tradewinds Lane, Francisco Drive at
Tradewinds Lane and Linda Place at Priscilla
•
Lane). (A report from the Public Works
Department.
(g) Resolution No. 9279 requesting the County
West Coast
of Orange to increase the AHFP allocation
Hwy Widening
for Project No. 881 (Coast Highway Improve-
R -9279
ment) from $30,000 to $60,000. (A report
(2552)
from the Public Works Department)
(h) Resolution No. 9280 authorizing the Mayor
West Coast
and City Clerk to execute a supplemental
Hwy Widening
Engineering Services Agreement between the
R -9280
City and Robert Bein, William Frost and
(2552)
Associates for design of the Coast Highway
improvements.
(i) Resolution No. 9281 being a resolution of
Commendation
commendation presented by the City Council
R -9281
of the City of Newport Beach regarding "El
(9F)
Camino" service. (A letter from Supervisor
Ralph B. Clark to Mayor Dostal attached)
(j) Resolution No. 9282 authorizing the Mayor
Swimming
and City Clerk to execute an agreement
Program -
between the City of Newport Beach and the
R -9282
Newport -Mesa Unified School District in
(2252)
connection with the development of a swim
program at Newport Harbor High School. (A
.�
report from the Parks, Beaches and Recreation
Director)
Volume 32 - Page 31
CITY OF NEWPORT BEACH
COUNCILMEN
9 P`
February 13, 1978
ROLL CALL
MINUTES
9 ,
2. The following communications were referred as
•
indicated:
(a) To staff for reply, a letter from the
Npt Theatre/
Friends of Newport Theatre/ Arts Center
Arts Center
requesting permission to serve wine with
(1294)
the refreshments at the Invitational Dress
Opening of Newport Theatre /Arts Center.
(Copies mailed to Council)
(b) To staff for inclusion in on -going study,
Traffic
a letter from Jean Morris requesting firm
Complaints
drastic steps be taken in connection with
(1154F)
density and traffic problems. (Copies
mailed to Council)
(c) To staff for reply, a letter from Burr
Eastbluff/
Allegaert regarding the malfunctioning
Jamboree
traffic signal at Eastbluff Drive /Ford
Traffic
Road and Jamboree and requesting a
Signals
drastically reduced speed limit in order
(690)
to prevent any accidents. (Copies mailed
to Council)
(d) To staff for reply,, a letter from Mr. and
Federal
Mrs. Everett E. Bieger asking that the
Revenue
City use some of the Revenue Sharing Funds
Sharing
to pave a dedicated street, Avon Avenue
(1159)
from Riverside Drive to Santa Ana Avenue,
•
since it is used by 51 families and customers
of the 11 stores in the area. (Copies
mailed to Council)
(e) To Pending Legislation and Procedural
Nat'l League
Ethics Committee, a resolution from the
of Cities
City of Costa Mesa requesting the National
(2550)
League of Cities to make a change in its
voting policy. (Copies mailed to Council)
(f) To Pending Legislation and Procedural
Legislation/
Ethics Committee, a resolution of the City
Other Cities
Of Costa Mesa requesting the County of
Resolutions
Orange to act as the lead agency in the
(1429)
study and evaluation of highway traffic
capacities within the Central /Southern
Orange County area. (Copies mailed to
Council)
(g) To Pending Legislation and Procedural
SCAG
Ethics Committee, a resolution from the
(447F)
City of Garden Grove requesting that the
SCAG Executive Committee provide a 60 -day
comment period and information workshops
for SCAG publications impacting local
government. (Copies mailed to Council)
(h) To Pending Legislation and.Procedural
SCAG
Ethics committee, a letter and resolution
(447F)
•
from the City of Rolling Hills Estates
objecting to the Southern California
Association of Governments regional housing
model. (Attached)
Volume 32 - Page 32
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
90 y �p PA FG $C
9
c�� V p� ( o� fy syy /�
ROLI CAI I� �� \ February 13, 1978 iNnFY
(i) To Pending Legislation and Procedural
Communica-
•
Ethics Committee, a letter from Ralph
tions
Winkler, National Chairman of "Not One Square
(20)
Inch," requesting that the City of Newport
Beach place the Panama Canal Issue on the
ballot in the City's General Municipal
Election. (Copies mailed to Council)
(j) To staff for report back, a letter from
Encroach -
Howard and Marilyn Meek requesting permission
ment Pub
to encroach into the public right -of -way
R -O -W
by building a fence along the curb line at
DeAnza Dr
509 DeAnza Drive. This request was denied by
(2867)
the Public Works Department. (Copies mailed
to Council)
(k) To staff for reply, a letter from Frank Zinzer
OrCo
asking for information about whom to contact
Airport
in regard to the noise generated by commercial
(195)
aircraft taking off from Orange County
Airport. (Attached)
(1) To staff for report back, a letter from Bert
Curb Cut/
Elliott, A.I.A. requesting the City Council
Park Ave
to allow a 12'8" new curb cut on Park Avenue
(2867)
on Balboa Island. (Copies mailed to
Council)
3. The following communications were referred to
•
the City Clerk for filing and inclusion in the
records:
(a) Letters of appreciation from Mr. and Mrs.
Loren Buist and Chris Hurd for the coopera-
tion of the staff and the City Council in
the City's acquisition of the Buist
property for the widening of Balboa
Boulevard. (Copies mailed to Council)
(438)
(b) A letter from Jane and Cecil Gibson
expressing appreciation for the work of
the Police Department in recovering their
property which was stolen in November of
1977. (Copies mailed to Council)
(1622)
(c) A letter from Warren Bostick congratulating
the Council on its decision not to accept
the 4th year HUD grant. (Copies mailed to
(2082)
Council)
(d) A letter from the City of Santa Ana expres-
sing appreciation of the City of Newport
Beach's support for the Bowers Museum
expansion. (Copies mailed to Council)
(2807)
(e) A letter from SPON congratulating Council
for taking a positive step to find a
solution to the traffic and density
•
problems. (Copies mailed to Council)
(673)
Volume 32 - Page 33
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
` 9p 4� 9 OO �~ * 6 C
February 13, 1978
ROLL CALL INDEX
•
(f) A letter from Earlene Vinyard requesting
Council to take action to lower densities
and limit road construction in the Newport
area. (Copies mailed to Council)
(673)
(g) A copy of a letter to Chief of Police
Gross from M. A. Richley, Jr. offering
suggestions regarding the training of
"green" police officers. (Copies mailed
to Council)
(1622)
(h). A copy of a publication called "Developments
in Criminal Justice" from the Public
Safety and Criminal Justice Program,
National League of Cities and U. S.
Conference of Mayors. (Copies mailed to
(20)
Council)
(i) A copy of a letter to the Metropolitan
Water District from the City of Brea
requesting that the penalty charges imposed
as a direct result of drought conditions
be immediately rescinded. (Copies mailed
(160)
to Council)
(j) A resolution from the City of Burbank
opposing the housing distribution proposals
of the Southern California Association of
•
Governments.
(447F)
(k) A letter from the State Office of Planning
and Research enclosing the Executive
Summary of the Economic Practices Manual.
(Copies of the letter mailed to.Council
and the 20 -page manual is on file in the
City Clerk's office)
(20)
(1) Notice of Hearing before the Public Utilities
Commission of the application of Western
Stage Lines to operate a sightseeing
service between Los Angeles and Orange
County to Burbank as well as Los Angeles
and Orange County to Newport Beach.
(20)
(m) Agenda of the Board of Supervisors meetings
of January 24, 25 and 31, February 1, 7
and 8, 1978.
(20)
(n) A letter from Althea P. Lang opposing the
granting of a variance for the property
located on the south side of Pacific Drive
and Begonia. (Copies mailed to Council)
(2868)
(o) A notice from the Local Agency Formation
Commission regarding a hearing on February 8,
1978 in connection with the proposed
.
annexation to Sanitation District No. 5
designated Annexation No. 8 - Harbor Ridge
-
Annexation located northeasterly of the
northerly and westerly boundary line of
Metropolitan Water District and adjacent to
Newport Beach Annexation 81 on the northwest
and Newport Beach Annexation 70 on the
southwest. (Copies mailed to Council)
(20)
Volume 32 - Page 34
CITY OF NEWPORT BEACH
COUNCILMEN
pp� yip
c�Pl99p�T �"yy fyy /s
ROLL CALL �� \ \ February 13, 1978
MINUTES
IN IIFY
•
(p) A letter to the City Manager Robert Wynn
from Assemblyman Cordova regarding the
Sundesert nuclear power plant. (Attached)
(1370)
(q) A letter from Susan Simpson asking for an
allocation of this year's Revenue Sharing
Funds to the Family Crisis Center of the
YMCA. (Copies mailed to Council)
(1159)
(r) A letter to Mayor Dostal from the Bayshores
Community Association protesting any new
flights of scheduled airlines at the Orange
County Airport. (Copies mailed to Council)
(195)
(a) A letter to Mayor Dostal from Mr, and Mrs.
William Frederickson III opposing the
expansion and the noise of the Orange
County Airport and its effect upon the City
of Newport Beach. (Attached with a copy of
Mayor Dostal's reply)
(195)
(t) A letter from the City of Brea opposing the
proposed study by the Inter - County Airport
Authority regarding the Chino Hills airport
site. (Attached)
(195)
(u) A letter to Mayor Dostal from Supervisor
Thomas F. Riley regarding the Newport Dunes
•
project. (Copies mailed to Council)
(46)
(v) A letter to all Orange County Mayors from
the Chairman of the Orange County Transporta-
tion Commission requesting input from the
cities so that he may cast his vote as the
majority wish him to in connection with
supporting a planning study for the regional
airport for the Inter - County Airport
Authority. (Copies mailed to Council)
(195)
(w) A letter to Mayor Dostal from the City of
Cypress requesting the Council take action
and speak directly to the legislators
concerning the destructive capacity of the
Jarvis Amendment. (Copies mailed to Council)
(20)
5. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Miriam L. Baldwin for personal
Baldwin
injuries and property damage to her automo-
(2854)
bile on December 24, 1977 when she passed
over a loosely covered or open cable T.V.
vault in the alley between Dahlia and
Fernleaf.
•
(b) Claim of Joan DeLeon II for personal injuries
and property damage occurring on or about
DeLeon
(2855)
December 9, 1977 at Pacific Coast Highway
and Tustin Avenue when she followed the
directions of a Newport Beach Police Traffic
Officer who allegedly motioned her to make
a left hand turn and she was struck by an
on- coming car.
Volume 32 - Page 35
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
y0 1 y 0 p �L 'FG '$C
C \Fy�y
-A < C� y \y /S
oni i rni �� February 13, 1978 INDEX
•
(c) Claim of Safeco Insurance Company, subrogee
Safeco Ins/
for their insured, Joan DeLeon, for property
DeLeon
damage to her car and the other automobiles
(2856)
involved. This accident occurred on
December 9, 1977 at Pacific Coast Highway
and Tustin Avenue when Ms. DeLeon followed
the directions of a Newport Beach Police
Traffic Officer who allegedly motioned her
to make a left hand turn and the accident
.
ensued.
(d) Claim of Robert Duane Hess for personal
Hess
injuries and property damage on or about
(2857)
December 3, 1977 when his car skidded into
a utility pole due to the wet pavement at
Newport Center Drive and Granville Drive
allegedly due to the overflow from the
sprinklers in the grass - covered median.
(e) Claim of Charles A. Jordan for property
Jordan
damage to his automobile on January 10,
(2858)
1978 when he backed out of a parking place
on Marine Avenue and was hit by a City
vehicle.
(f) Claim of Sheila M. Jurgensen for property
Jurgensen
damage to her automobile on January 5, 1978
(2859)
when the City's trash truck struck the left
side rear view mirror while she was parked
•
on private property adjacent to the alley
behind 324 Marine Avenue.
(g) Claim of Linden Lavender for property
Lavender
damage to his automobile on November 10,
(2860)
1977 on Irvine Avenue between Monte Vista
and University Avenue, when he developed
motor trouble and had to pull off to the
side of the road and dropped into a large
hole in the pavement along the side of the
road. ,
(h) Claim of Marie Louise Nabb, Lillian Elizabeth
Nabb
Gibb, James Steven Nabb (a minor) and Jason
(2861)
Michael Nabb (a minor) for personal injuries
due to the wrongful death of Michael Wayne
Nabb, who was allegedly killed by the
Newport Beach Police officers on October
26, 1977.
(i) Claim of Charles H. Warnick for property
Warnick
damage to his house located at 501 and 501-
(2862)
1/2 Orchid Avenue when a City tree fell on
his house on January 15, 1978.
(j) Claim of Beverly Wunning for property
Wunning
damage to her automobile on January 16,
(2863)
1978, when her car was allegedly involved
•
in an accident with a City vehicle on
Pacific Coast Highway.
(k) Claim of Eric Rowen for property damage to
Rowen
his automobile on January 19, 1978 when he
(2864)
Volume 32 — Page 36
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9 t 9 00 � �G\
O ! .p s F
9�p 0
� r 22�s
R(11 f (: INDEX
All February 13, 1978
•
ran over a series of holes in the road on
the on -ramp from Pacific Coast Highway to
Newport Boulevard (State property) damaging
the underside of the car and the front
tire.
(1) Claim of Donald Rose and Teachers Insurance
Rose/
Company, as subrogee, for property damage
Teachers
to Mr. Rose's automobile on November 14,
Ins. Co
1977 when it was hit by a City skiploader
(2865)
on Apolena Avenue, Balboa.
5. The City Clerk's referral of the following
Summons and Complaint to the insurance carrier
was confirmed:
(a) Summons and Complaint of Ralph Reds, Marlene
Reda
Reds, Tamara Rose Reda and Louis Reds, by
(2836)
their guardian ad litem, Ralph Reds, for
damages of wrongful death, Case No. 283286
in the Orange County Superior Court. The
original claim was for the death of Monique
Emelia Reds, a minor, which occurred on
September 22, 1977 at the intersection of
Santa Rosa and San Joaquin Hills Road
allegedly due to the malfunction of the
traffic signal.
6. The City Attorney's referral to the County
•
Counsel, and authorization to the County Counsel
to appear and defend the interests of the City
of Newport Beach in this proceeding was confirmed:
(A report from the City Attorney)
(a) Summons and Complaint of Elmer T. Behr and
Hehr
Kay J. Behr for refund of taxes paid under
(2869)
protest; recovery of taxes illegally
collected; injunction; Case No. 26 -38 -28 in
the Superior Court of Orange County.
7. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(1203F)
(a) One refuse Crewman position in the General
Services Department to fill a position to be
vacant.
(b) One Laborer position in the General Services
Department to fill a position now vacant.
(c) One Equipment Mechanic I position in the
General Services Department to fill a
position to be vacant.
(d) Two Firemen positions in the Fire Department
to fill positions to be vacant.
(e) One Police Officer in the Police Department
Patrol Division to fill a position now
vacant.
(f) One Animal Control Officer in the Police
Department Administrative Division to fill a
position now vacant.
Volume 32 - Page 37
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9p yOp"p <'FG'tin
G+F c�L
ROLL CALL \ \ February 13, 1978
•
(g) One Parking Control Officer position in the
Police Department to fill a position to be
vacant.
8. The plans and specifications for the Marinapark
Marinapark
Improvements, Contract No. 1921, were approved;
Improvements
and the City Clerk was authorized to advertise
(209F)
for bids to.be opened at 2:30 p.m. on March 1,
1978. (A report from the Public Works Department)
9. The plans and specifications for the Alley
Alley Imprv/
Improvements Balboa Island and West Newport,
BI & W Npt
1977 -78, Contract No. 1940, were approved; and
(2871)
the City Clrk was authorized to advertise for
bids to be opened at 10:30 a.m. on March 1, 1978.
(A report from the Public Works Department)
10. The expense account of Mayor Dostal for attendance
Expense
at a meeting of the California Anti - Litter League
Account
in San Francisco, January 16 and 17, 1978, in the
amount of $203.52, was approved.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Public Works
BI Coping
Department regarding plans and specifications for
Repair .
the Balboa Island Bulkhead Coping Repair, Contract
(2870)
No. 1860.
Won
x
The item was continued to March 13, 1978.
Ayes
x
x
x
x
x
Absent
x
x
Mayor Pro Tem Barrett stepped down from the Council
table due to a possible conflict of interest on the
next item and appointed Councilman Ryckoff as Temporary
Chairman.
2. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application No. 112 -400
Permit
of Davey's Locker to revise an existing float at
(304F)
400 Main Street.
Motion
x
Harbor Permit Application No. 112 -400 was approved,
Ayes
x
x
x
x
subject to the approval of the U. S. Army Corps
Absent
x
x
x
of Engineers.
Mayor Pro Tem Barrett resumed his seat at the Council
table.
The meeting was adjourned at 11:00 p.m.
Mayor
ATTEST:
City ClqXk
Volume 32 - Page 38