HomeMy WebLinkAbout03/27/1978 - Regular MeetingCOUNCILMEN
9
�P%P fir � AN �2'N
ROLL CALL_ \
IWIS
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: March 27, 1978
MINUTES
TIMOV:i1
Went
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
March 13, 1978 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
Ayes
x
x
x
x
x
x
x
was directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the public hearing regarding
McKinnon
the appeal of Roger McKinnon from a condition
Appeal
imposed by the Planning Commission in approving
(2903)
Modification No. 2188, a request to permit
additions to and remodeling of an existing
single - family dwelling located at 3207 Ocean
Boulevard between Larkspur Avenue and Marguerite
Avenue in Corona del Mar; zoned R -1. The condi-
tion being appealed restricts the replacing of
an existing non - conforming entry stair with a
new Building Code conforming stairway.
A report was presented from the Community
Development Department.
The appeal application of Roger McKinnon was
•
presented.
Letters opposing the Modification were received
after the agenda was printed from Ruth B. Nelson,
Pere and Cloyse Endsley, R. M. Wolff, Marian
Haberman and from attorney Tully H. Seymour
representing Mr, and Mrs. Edward T. Maloney and
a number of their neighbors.
Roger McKinnon, applicant, addressed the Council.
Robert Altevers, architect for Mr. McKinnon,
gave a slide presentation and projected the
floor plan on a screen.
Motion
x
Mr. Altevers was granted four additional minutes
Ayes
x
x
x
x
x
x
x
for his presentation.
Motion
x
Mr. Altevers was granted two more minutes for
Ayes
x
x
x
x
x
x
x
his presentation.
The following people addressed the Council in
opposition to the Modification: Tully Seymour,
attorney for Mr. and Mrs. Edward T. Maloney, who
also presented a letter from Mr. and Mrs. Alec
B. Ferguson; Ed Maloney, who presented a letter
and a picture; Sam Howard and Mrs. Michael
McNally.
•
Albert Trondle addressed the Council regarding
street sweeping problems in Balboa.
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Volume 32 - Page 60
;- I , f EtA.CH
COUNCILMEN MINUTES
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ROLL CALL IN
ion
x
The hearing was closed after it was determined
es
x
x
x
x
x
x
x
that no one else desired to be heard.
Motion
x
Councilman Kuehn made a motion to uphold the
decision of the Planning Commission and deny the
appeal application.
Motion
x
Councilman Williams made a substitute motion to
Ayes
x
x
refer Modification No. 2188 back to the Planning
Noes
x
x
x
x
x
Commission, which motion failed to carry.
A vote was taken on Councilman Kuehn's motion,
Ayes
x
x
x
x
x
x
which motion carried and the Planning Commission's
Noes
x
decision approving Modification No, 2188, subject
to certain findings and conditions, was upheld.
2. Mayor Dostal opened the public hearing regarding
District
Ordinance No. 1762, being,
Map 24
0 -1762
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(556)
AMENDING A PORTION OF DISTRICTING MAP NO.
24 TO RECLASSIFY FROM THE UNCLASSIFIED
DISTRICT TO THE R -3 DISTRICT AND THE C -1 J
DISTRICT AND ESTABLISHING FRONT, SIDE AND
REAR SETBACKS FOR EXISTING AND PROPOSED
DEVELOPMENT ON CERTAIN PROPERTY LOCATED AT
2101 AND 2121 EAST COAST HIGHWAY AND 777
AVOCADO AVENUE;
•
Planning Commission Amendment No. 503, a request
of the Bank of Newport to amend a portion of
Districting Map No. 24 for existing and proposed
development on property located at 2101 and 2121
East Coast Highway and 777 Avocado Avenue on
property bounded by East Coast Highway, Avocado
Avenue, Kewanee Drive, and Zahma Drive, adjacent
to Irvine Terrace, zoned Unclassified.
A report was presented from the Community
Development Department.
The City Attorney stated he had been advised
that four Councilmen apparently had a conflict
of interest on this item as well as the next
item on the agenda since Mayor Pro Tem Barrett
and Councilman McInnis have loans with the Bank
of Newport in excess of $250.00, Councilman
Rogers owns stock in the bank worth more than
$1,000.00 and Mayor Dostal's children own stock
in the Bank worth more than $1,000.00, which
would ordinarily require them to step down and
refrain from voting on these matters; that this
would leave the Council without a quorum, and no
action on these applications could legally be
made; that by State law and City Charter the
only appropriate decision - making authority to
rule on the matter was the City Council; and
that under these circumstances, the law provides
under a "Rule of Necessity" that upon disclosing
the nature of their interest and affirming for
the record that he or she has attempted in no
way to use his or her position to influence any
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Volume 32 - Page 61
COUNCILMEN
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MINUTES
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other public official with respect to these
matters the affected Councilmen would be eligible
to vote.
Councilman Rogers stated that she had not been
involved personally with anyone regarding the
subject, but would prefer to step down for
conflict of interest.
Mayor Dostal also announced that he had not
discussed the matter or tried to influence any
other Councilman but was also declaring conflict
of interest and stepping down. Mayor Dostal then
turned the gavel over to Vice Mayor Barrett.
Vice Mayor Barrett stated that he had miscel-
laneous loans with Bank of Newport in excess of
$250.00 but had not talked with any other member
of the Council nor tried to influence anybody on
this issue, and that by the Rule of Necessity
and by making public his position, he would
remain and participate in the vote.
Councilman McInnis stated that he had an outstand-
ing loan with the Bank of Newport valued at more
than $250.00 and that his wife also had a business
loan with the Bank of Newport that exceeds
$250.00, he affirmed that he had not attempted
•
in any way to influence anyone on this matter,
including any other Councilman, and stated that
he would remain seated.
These disclosures were made pursuant to Section
87101 of the California Government Code and
Division 6, Title 2, Section 18701 of the Cali-
fornia Administration Code.
Bill Ficker, architect for the Bank of Newport,
addressed the Council and stated that they
concurred with the findings and conditions of
the Planning Commission.
C. M. Gepfert, President of the Irvine Terrace
Homeowners Association, addressed the Council in
favor of the rezoning.
The following people addressed the Council in
opposition to the rezoning: Barry Allan; Dave
Shores; Richard A. Nelson, who presented
pictures; Val Skoro and Jim Forsyth.
Hal Thomas was informed that the widening of
Coast Highway would involve the north side of
the highway and would not affect the zone
change.
Motion
x
The hearing was closed after it was determined
es
x
x
x
x
x
that no one else desired to be heard.
bsent
x
x
Motion
x
Ordinance No. 1762 was adopted.
Ayes
x
x
x
x
x
Absent
x
x
Volume 32 - Page 62
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL r\ � March 27, 1978
MINUTES
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3. Mayor Pro Tem Barrett opened the public hearing
Tract 10274
regarding Tentative Map of Tract No. 10274, a
request of the Bank of Newport to subdivide
5.507 acres into one lot for multiple family
residential condominium development and one lot
for commercial development adjacent to Irvine
Terrace on property located at 2101 and 2121
East Coast Highway, Avocado Avenue, Kewanee
Drive, and 2ahma Drive; zoned Unclassified.
A report was presented from the Community
Development Department.
Bill Picker, architect for the Bank of Newport,
addressed the Council and stated that they
concurred with the findings and conditions and
urged approval.
Richard A. Nelson addressed the Council and
opposed the Tentative Map.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
that no one else desired to be heard.
x
x
Motion
x
Councilman Kuehn made a motion to approve the
Tentative Map of Tract No. 10274, incorporating
by reference the findings and conditions recom-
mended by the Planning Commission, and with the
added condition that the builder deposit monies
toward the cost of a traffic signal at Avocado
and Pacific Coast Highway; and asked that prior
to any construction, the Council direct an
inquiry to the Traffic Affairs Committee to
accomplish a four -way stop at Avocado and
Kewanee.
Councilman McInnis asked that the motion be
amended to ask the builder to deposit securities
rather than monies, which amendment was accepted
by the maker of the motion.
Councilman Ryckoff asked that the motion be
amended to condition the construction upon prior
completion of the signal, which amendment was
not accepted by the maker of the motion.
Ayes
x
x
x
x
x
A vote was taken on Councilman Kuehn's amended
Absent
x
x
motion, which motion carried.
Councilman Rogers and Mayor Dostal resumed their
seats at the Council table.
4. Mayor Dostal opened the public hearing regarding
Coastal
the adoption of Issue Identification and Work
Development
Program for transmission to the Coastal Commission
(709)
for approval and funding as part of the City's
•
total work program for the Local Coastal Program.
A report was presented from the Community
Development Department.
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COUNCILMEN
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MINUTES
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A letter from the Director of the Environmental
Coalition of Orange County, Inc. was presented
stating that the document entitled "Local
Coastal Plan" is deficient in several areas.
David Dmohowski, Advanced Planning Administrator,
gave a brief staff report.
Hal Thomas, Director of the Environmental
Coalition of Orange County, addressed the
Council and reiterated his feeling as expressed
in his letter that the Local Coastal Plan is
deficient in several areas and also his feeling
that the public testimony was not being included
properly.
Preston Johns of the Department of Fish and Game
addressed the Council and asked that a reference
to the Department's adopted objectives be
included in connection with their development
plan for the Upper Bay Ecological Reserve.
Jerry King, Chairman of the Environmental
Quality Citizens Advisory Committee, addressed
the Council regarding the Committee's concerns
in connection with additional traffic.
Councilman Williams asked that the report
include consideration of adequate buffers
•
between development areas and the Upper Bay
Ecological Reserve.
Councilman Ryckoff asked for revision of the
section dealing with circulation system capacity.
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.
The Issue Identification and Work Program for
the Local Coastal Program was approved as
amended; and Resolution No. 9295, authorizing
R -9295
submittal of the Local Coastal Program Issue
Motion
x
Identification and Work Program, revised March 27,
Ayes
x
x
x
x
x
x
x
1978, and funding application to the California
Coastal Commission, was adopted.
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1759, being,
Harbor Regs
0 -1759
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(386)
AMENDING CHAPTER 17.41 ENTITLED "COMMERCIAL
ACTIVITIES ON THE WATERS OF NEWPORT HARBOR"
OF THE NEWPORT BEACH MUNICIPAL CODE RELATING
TO HARBOR REGULATIONS,
was presented for second reading.
•
A report was presented from the Marine Department.
A letter from the Lido Sailing Club was presented
regarding their operation.
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Volume 32 - Page 64
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL \ \ March 27, 1978
MINUTES
IN DFX
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Letters objecting to the Lido Sailing Club
operation and /or the houseboat used by the Club
were presented from Mrs. E. G. Carter and
Virginia Dey.
John Dryden addressed the Council and asked that
the houseboat in connection with the Lido Sailing
Club operation be removed.
Motion
x
Ordinance No. 1759 was adopted.
Ayes
x
x
x
x
x
x
x
CONTINUED BUSINESS:
1. A report was presented from the Community Develop-
Tract 9620
ment Department regarding the Final Map of Tract
No. 9620, a request of The Irvine Company to
subdivide 10.36 acres into twenty -nine lots for
residential development and two lots to be
developed as landscape open space on property
located southwesterly of Westcliff Drive between
Dover Drive and Santiago Drive in Westcliff;
zoned P -C.
Keith Greer, representing The Irvine Company,
addressed the Council and stated that the Company
concurred with the staff report.
•
The Final Map of Tract No. 9620, incorporating by
reference the condition recommended by the
Motion
x
Planning Crommission, was approved; and Resolution
R -9296
Ayes
x
x
x
x
x
x
No. 9296, authorizing the Mayor and City Clerk to
Noes
x
execute an agreement between the City of Newport
Beach and The Irvine Company for construction of
improvements in Tract No. 9620, was adopted.
2. A report was presented'from the Public Works
Mariners
Department regarding construction of a drafting
Fire Stn
pit, enlargement of the parking lot at Mariners
(2726)
Fire Station, and construction of handball courts
Mariners
at Mariners Park, Contract No. 2002.
Park
(1033)
Stan Cole, a member of the Parks, Beaches and
Recreation Commission, addressed the Council and
stated that the Commission felt that the parking
unit and handball court should be constructed
concurrently, and that the drafting pit had not
been part of the original consideration.
Motion
x
Mayor Dostal made a motion to approve the plans
and specifications for the construction of a
drafting pit, enlargement of the parking lot at
Mariners Fire Station, and construction of
handball courts at Mariners Park, Contract No.
2002; and to authorize the City Clerk to advertise
for bids to be opened at 2:30 p.m. on May 10,
Con
1978.
x
Councilman Ryckoff made a substitute motion for
Ayes
x
x
x
x
the bids to be obtained on the entire project
Noes
x
x
x
with bidders required to provide a price breakdown
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Volume 32 - Page 65
COUNCILMEN
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MINUTES
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for the three items, and to include a stipulation
in the bid document permitting the Council to
accept the entire bid or any portion thereof, the
bid opening date to remain the same, which motion
carried.
Mayor Instal asked that the Minutes reflect the
fact that he wanted the entire bid placed before
the bidders.
3. A proposed resolution was presented establishing
Citizens
a Citizens Budget Review Advisory Committee,
Budget Rev
its duties and responsibilities.
Adv Cmte
(2892)
Motion
x
Councilman Ryckoff made a motion to adopt the
Ayes
x
x
x
resolution, which motion failed to carry.
Noes
x
x
x
x
CURRENT BUSINESS:
1. A report was presented from the Parks, Beaches
Surfing
and Recreation Commission regarding ocean front
Regs
surfing.
(281)
Letters opposing the proposed area for board
surfing only and /or urging retention of the
present arrangement were presented from the
•
following: Terry W. Chastain, Frances and Paul
Gibbs (2), Don Anderson, Jim and Janet Aldrich,
Isabelle Pease, Ray Parker, Mr. and Mrs. Jungclas,
Jr., Lido Sands Community Association, Sally S.
Langmade, Russell M. Beaumont, Ernest K.
Egunseland, Jack D. and Adrienne Hughes,
Vicki Orr, Marion D. Burns, James M. Gaylord and
Sandra Guyer.
Gary Lovell, member of the Parks, Beaches and
Recreation Commission, addressed the Council and
gave the Commission's rationale on the proposed
change.
Motion
x
Mr. Lovell was granted three additional minutes
Ayes
x
x
x
x
x
x
x
for his presentation.
Jack Gamaus and Tim Rysdale addressed the
Council in favor of the proposed change in
surfing regulations.
The following people addressed the Council and
opposed the proposed change in surfing regulations:
Greg Ranker, President of the Lido Sands Community
Assotiation; Robert Fitzpatrick; Jack Hughes;
Dave Anderson; Bill Sauder; Dan Wiener, Vice
President of the Lido Sands Community Association;
Pete Hoffman and Russ Beaumont.
Kendall Jacobsen; Assistant Director of the
•
Marine Department, gave a brief staff report.
Motion
x
The proposal of the Parks, Beaches and Recreation
Ayes
x
x
x
x
x
x
Commission to change the surfing regulations was
Noes
x
rejected.
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Volume 32 - Page 66
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COUNCILMEN
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March 27, 1978 p o
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MINUTES
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2. A report was presented from the Public Works
32nd St
Department regarding the 32nd Street property
Property
exchange.
Exchange
(35)
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
x
Resolution No. 9297 authorizing the Mayor and
R -9297
City Clerk to execute an agreement between the
City of Newport Beach and the Southern Pacific
Land Company in connection with the 32nd Street
Property Exchange.
Resolution No. 9298 authorizing the Mayor and
R -9298
City Clerk to execute a Corporation Grant Deed
transferring Parcels F and H to the Southern
Pacific Land Company in connection with the 32nd
Street Property Exchange.
Resolution No. 9299 accepting a Grant Deed from
R -9299
the Southern Pacific Land Company in connection
with the 32nd Street Property Exchange.
3. A letter from Eric D. Welton, President of
Tract 9291
Welton & Company, was presented requesting that
the annexation of Tract 9291 (transfer from the
City of Costa Mesa, located northeasterly of
Tract 7989 on an extension of Sundance Drive) be
•
considered at the April 10, 1978 meeting instead
of the June date previously set.
Motion
x
The staff was requested to prepare a report
Ayes
x
x
x
x
x
x
x
concerning the City's annexation policies, and
to consider the annexation of Tract 9291
at the meeting of April 24.
4. A letter addressed to Councilman Kuehn from
Bicycle
William H. Bertsch was presented resigning from
Trails
the Bicycle Trails Citizens Advisory Committee
CAC
since he is moving out of the City.
(205F)
Motion
x
Mr. Bertsch's resignation was accepted with regret;
Ayes
x
x
x
x
x
x
x
and (District 6) Councilman Kuehn's appointment of
Thomas Schulman as a member of the Bicycle Trails
Citizens Advisory Committee to fill the unexpired
term of William H. Bertsch ending December 31,
1978 was approved.
5. A letter from Orange County Division of the League
League
of California Cities was presented regarding the
Calif Cities
Division vacancies on Committees and Commissions.
Cmtes
(2527)
Motion
x
It was directed that any member of the Council
Ayes
x
x
x
x
x
x
x
who desires nominees to serve on any of the
commissions or committees contact the Mayor's
office for transmittal to the Orange County
Division.
•
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Volume 32 - Page 67
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COUNCILMEN MINUTES
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�ni i rAi i �
.
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. 9300 authorizing the City
Disasters
Manager to make application for financial
R -9300
assistance under the Federal Disaster
(512)
Relief Act. (A report from the City Manager)
(b) Resolution No. 9301 authorizing the Mayor
BI Bridge
and City Clerk to execute an amended
R -9301
Agreement for Professional Engineering
(725)
Services between the City of Newport Beach
and Converse, Davis, Dixon Associates for
soil report on Balboa Island Bridge. (A
report from the Public Works Department)
(c) Resolution No. 9302 awarding a contract to
Marinapark
Pacific Tennis Courts, Inc. in connection
R -9302
with Marinapark improvement, Contract No.
(209)
1921, for $115,776.80. (A report from the
Public Works Department)
(d) Resolution No. 9303 awarding a contract to
Grand Canal
Submarine Engineering Associates in connec-
Water /Sewer
tion with water and sewer main replacement
Main Rep].
•
across the Grand Canal - Balboa Island,
R -9303
Contract 1959. (A report from the Public
(2881)
Works Department)
(e) Resolution No. 9304 authorizing the Mayor
PB &R
and City Clerk to execute an agreement
Sailing
between the City of Newport Beach and Hobie
Program
Newport (Catamaran Sailing Lessons). (A
R -9304
report from the Parks, Beaches and Recreation
(128)
Director)
(f) Resolution No. 9305 authorizing the Mayor
Marinapark
and City Clerk to execute a Consent to Sale
R -9305
of Mobilehome and Trailer Space in Newport
(209)
Marinapark (Fei and Zuckerman). (A report
from the City Attorney)
(g) Resolution No. 9306 authorizing the Mayor
Marinapark
and City Clerk to execute a Consent to Sale
R -9306
of Mobilehome and Trailer Space in Newport
(209)
Marinapark (Gilbert and Fei). (A report
from the City Attorney)
2. The following communications were referred as
indicated:
(a) To staff for report back, a petition bearing
Carnation Av
16 signatures from residents of Carnation
Beach /Street
•
Cove requesting that action be taken to
End
alleviate the problems caused by the
(847)
tremendous force of the water rushing from
the storm drain and the litter that is
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Volume 32 - Page 68
A1111KA61WIAT F
COUNCILMEN
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6301 I C61 1 March 27, 1978
MINUTES
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deposited on the beach; and a letter from
Merle E. Tracy enclosing pictures of the
storm drain emptying into the bay after one
of the recent storms. (Copies mailed to
Council)
(b) To Pending Legislation and Procedural
Property Tax
Ethics Committee, a resolution from the
Reduction
City of Antioch opposing the Jarvis -Gann
(2833)
Initiative and Supporting and Urging the
State Legislature to Enact a Suitable
Property Tax Reform Measure. (Copies
mailed to Council)
(c) To staff for inclusion in ongoing study, a
Jetty Bulkhd
letter from Curtis Herberts enclosing a
Channel Rd/
letter that he has written to the U.S. Army
Ocean Blvd
Corps of Engineers regarding the problem of
(107)
wave action and destruction in the jetty
area, and requesting that the City Council
review the problem with the U. S. Corps of
Engineers to remedy the situation. (Copies
mailed to Council)
(d) To staff for inclusion in ongoing study, a
OrCo
letter and resolution from the Inter - County
Airport
Airport Authority "Stating its Position on
(195)
Preconceived Solutions to Airport Site
Location Studies." (Copies mailed to
Council)
(e) To staff, a resolution from the City of
SoEast
Irvine "Supporting the San Joaquin Hills
OrCo
Transportation Corridor and Endorsing the
Circulation
Specific Alignment Indicated on Exhibit
Study
'A'." (Copies mailed to Council)
(2158)
(f) To staff for reply, a letter from Mary Jane
Npt -Bal
Sanborn and Jeanne Pittinger asking permis-
Pier
sion to address the Council and present a
Concession
proposal for activating the Balboa Pier
(726)
facilities. (Copies sent to Council)
(g) To the City's representative to League of
League
California Cities, a letter from the Orange
Calif Cities
County Division advising that the subject
(2529)
of a Congress of Orange County Cities will
be discussed at the April 13 executive
meeting. (Copies mailed to Council)
(h) To the City's representative to the League
League
of California Cities, a letter from the
Calif Cities
Orange County Division advising that their
(2529)
proposed 1978 -79 Budget and the proposed
assessment schedule based on 2.25c per
capita will be taken up at the April 13,
•
1978 meeting. (Copies mailed to Council)
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Volume 32 - Page 69'
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COUNCILMEN MINUTES
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C�sC\tp q� g�TZa �2�N
ROLL CALL N\ \ March 27, 1978 IN f)F If
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(i) To staff for report back at next Study
CATV
Session, a letter from Teleprompter reporting
(6)
their progress on cable installations in
Newport Beach in compliance with the City's
Resolution No. 8614. (Copies mailed to
Council)
3. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) A letter from the Local Agency Formation
LAFCO
Commission of Orange County advising that
(20)
the term of office for the LAFCO Regular
Public Member expires May 1 and asking that
anyone interested in being considered
submit a resume. (Copies mailed to Council)
(b) A resolution from the City of Westminster
"Reciting the Result of Votes Cast in a
General Municipal Election Held March 7,
1978, Relating to the United States Retaining
Control of the Panama Canal." (Copies
(1429)
mailed to Council)
(c) Notice of Public Hearing before the Orange
County Board of Supervisors on a proposed
•
zone change of property located westerly of
Superior Avenue, southerly of Production
Place and easterly of Monrovia Avenue
totaling 52 more or less acres. (Copies
(20)
mailed to Council)
(d) A Notice before the Public Utilities
Commission resetting the hearing of Pacific
Western Stage Lines, Inc. for a Certificate
of Public Convenience and Necessity to
operate a sightseeing tour service between
points in Los Angeles and Orange Counties
and points in Newport Beach.
(20)
(e) Agenda of the Board of Supervisors meetings
of March 14, 15, 21 and 22, 1978.
(20)
(f) Removed from the Consent Calendar.
4. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Ann Latham for property damage to
Latham
her vehicle when it was sideswiped by a
(2893)
City vehicle on March 18, 1978 at 323 East
Bay Front, Balboa Island.
(b) Claim of Yvonne and Richard Donaher for
Donaher
personal injuries to Mrs. Donaher when she
(2894)
•
was involved in an automobile accident on
December 27, 1977 at Jamboree and Ford
Roads while Jamboree Road was under construc-
tion, allegedly due to the City's failure
to maintain proper regulating devices.
i
Volume 32 - Page 70
CITY OF NEWPORT BEACH
COUNCILMEN
\� 9 CQ \N\ s ROLL CALL \ March 27. 1978
MINUTES
•
(c) Claim of James Thomas Williams for property
Williams
damage to his automobile on March 14, 1978
(2895)
at 18th and Balboa Boulevard.when his car
was splashed with tar as he drove over
cracks which were being tarred by workmen
from the City.
(d) Claim of Alvin Salvetti for personal
Salvetti
injuries which occurred on December 7, 1977
(2896)
when he fell on the sidewalk in front of
3905 Channel Place, allegedly due to a
defective sidewalk.
(e) Claim of Judy Reed for personal injuries
Reed
and items of special damage which occurred
(2897)
on January 23, 1978 when she fell at the
corner of Scott and Corinthian Way on
debris in the street, allegedly due to
negligence on the part of the City.
(f) Claim of John Robert O'Hara for property
O'Hara
damage due to the flooded condition of the
(2898)
alley between Iris Avenue and Jasmine
Avenue on February 28, 1978 when his
motorcycle and car were flooded.
(g) Claim of Betty E. McConkey for personal
McConkey
injuries sustained on March 10, 1978 when
(2899)
she stepped off the sidewalk and turned her
ankle on a crack in the street pavement
which was covered with rainwater at Bay and
15th Streets, alleging back and ankle
injuries due to City negligence.
(h) Claim of Lee A. and Cynthia K. Rubin for
Rubin
property damage to their automobile when a
(2900)
City tree fell on it on February 10, 1978
at •315 Heliotrope Avenue.
(i) Claim of Debbie Rieder for property damage
Rieder
to her car on January 11. 1978 when a City
(2901)
trashman accidently scratched her car with
a trash can in the alley at 1532A Miramar
Drive, Balboa.
(j) Claim of Howard Forster for property damage
Forster
on December 27, 1977 when a water main
(2902)
broke two houses down from their residence
at 1309 Dolphin Terrace and the dirt and
debris from the broken main entered the hot
water circulating pump and caused it to freeze.
5. The following application for Leave to Present
Late Claim was denied:
(a) Application for Leave to Present Late Claim of
Zarrinnegar
Ali Zarrinnegar for towing costs incurred on
(2904)
•
September 13, 1977 when his car was allegedly
towed away in error from the 200 block on
Grant Street.
i
Volume 32 - Page 71
COUNCILMEN MINUTES
-p 9 00 -P
9 F i
OcM� V P� 9 0
S �� T
ROL1. Cdl 1 �\ \\ March 27. 1978 mincer
•
6. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(1203F)
(a) One Library Assistant position in the
Library to fill a position now vacant.
(b) One City Librarian position in the Library
to fill a position to be vacant.
(c) One Legal Secretary position in the City
Attorney's office to fill a position now
vacant.
(d) One Parking Control Officer I in the Police
Department to fill a position now vacant.
7. The following staff report was received and
ordered filed:
(a) A memorandum from the Public Works Depart-
Traffic
ment in response to the letter from the
Complaints
Eastbluff Homeowners Community Association
(1154F)
asking that action be taken to reduce noise
and speed levels as recommended by the
Association. (Attached)
8. Set for public hearing on April 10, 1978:
•
(a) Planning Commission Amendment No. 504, a
Newport
request of Emkay Development and Realty
Place
Company to amend the Planned Community
PC Stda
Development Standards for Newport Place to
(1275)
allow the Planning Commission to grant ex-
ceptions to the minimum lot size requirement
of 30,000 square feet in the Planned Com-
munity, and the acceptance of an environ-
mental document on property known as Tract
7382, bounded by Birch Street, MacArthur
Boulevard, and Bristol Street North in
Newport Place; zoned F -C. (A report from
the Community Development Department)
9. The City Attorney was authorized to retain Donald
Airport
E. Olson, Airport Consultant, with fees to be
Growth
paid from the Airport Growth Control Fund (maxi-
Control
mum $3,000). (A report from the City Attorney)
Fund
(2853)
10. The work on the Superior Avenue Improvements from
Placentia Avenue to Industrial Way, Contract No.
Superior
1665, was accepted; and the City Clerk was
Av Impry
authorized to file a Notice of Completion and
(2078)
release the bonds 35 days after Notice of
Completion has been filed. (A report from the
Public Works Department)
11. The public improvements constructed in conjunction
Resub 520
with Resubdivision No. 520, located at the
(2615)
•
northeast corner of West Coast Highway'and Orange
Street (Newport Shores) was accepted; and
the City Clerk was authorized to release the
I
Volume 32 - Page 72
CITY OF NEWPORT BEACH
COUNCILMEN
'P s o0 'PL
�.p 9 pFj,9! �.a
ROLL C ®LIB \ \ March 27. 1978
MINUTES
Inr.TAM
•
Faithful Performance Surety (Time Certificate of
Deposit No. 1223 issued by the Bank of Newport
on February 18, 1977), and to release the Labor
and Materials Surety (Time Certificate of Deposit
No. 1224 issued by the Bank of Newport on
February 18, 1977) in six months provided no
claims have been filed. (A report from the
Public Works Department)
12. Mayor Dostal's expense account in the amount of
$103.90 for attending and presiding over the
meeting of the Environmental Quality Committee
of the California League of Cities in San
Francisco on March 16, 1978 was approved.
13. The following budget amendment was approved:
BA -73, $2,720.00 increase in Budget Appropriations
for partitioning of the Technical Services room
in the Police facility, from Unappropriated
Surplus, Federal Revenue Sharing Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter to Mayor Dostal from Gordon Harvin
Griswold
Glass, AIA, was presented protesting the action
Property
of Planning Commissioner Hummel in speaking as a
(2905)
private citizen at the February 27 Council
•
meeting in opposition to the acquisition of the
Griswold property adjacent to Begonia Park.
Motion
x
Councilman Williams made a motion to receive the
letter and order it filed.
Gordon Glass addressed the Council regarding his
letter.
Motion
x
Councilman McInnis made a substitute motion to
Ayes
x
x
x
x
x
x
refer the letter to the Pending Legislation and
Noes
x
Procedural Ethics Committee, which motion carried.
ADDITIONAL BUSINESS:
1. A proposed Council Policy regarding fund raising
Council
by boards, commissions and committees was
Policy
presented. -
(430F)
Motion
x
Council Policy F -18, "Fund Raising" was adopted.
Ayes
x
x
x
x
x
x
x
2. A letter was presented from the Central Newport
Central
Parking Committee regarding Wilbur Smith and
Newport
Associates' draft report, "Parking Program
Parking
Feasibility - Central Newport Beach Parking
(2745)
Study," suggesting that CALTRANS be asked to
delay the sale of the portion of property on
West Coast Highway between Superior Avenue and
•
Newport Boulevard to allow the City to investi-
gate the feasibility of using the property in
connection with a peripheral parking concept.
i
Volume 32 - Page 73
i,
COUNCILMEN
.p sg A O k
Oct! /9Pff
u+co�Fg 2Z
A� 4 RAI 1 (: ®I I \\ \ March 27, 1978
MINUTES
ion
x
The Mayor was authorized to send a letter to
yes
x
x
x
x
x
x
x
CALTRANS asking that the sale of the property on
Pacific Coast Highway between Superior Avenue
and Newport Boulevard now scheduled for June 1,
1978 be delayed.
The Mayor adjourned the meeting at 12:32 a.m., March
28, 1978.
Mayor
ATTEST:
Cit Clerk
c
i
Volume 32 - Page 74