HomeMy WebLinkAbout04/09/1979 - Regular Meeting•' • -
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COUNCILMEN
fGZ C
MINUTES
REGULAR COUNCIL MEETING
1,9p �
Place: Council Chambers
3�'� p�O�y Gd 2i
Time: 7:30 P.M.
x
Date: April 9, 1979
ROLL CALL
INDEX
x
x
x
x
x
A. Roll Call.
Akesent
Went
x
x
Motion
x
B. The reading of the Minutes of the Regular Meetings
All Ayes
of March 12 and March 26, 1979 was waived, and
the Minutes were approved as written and ordered
filed.
Motion
x
C. The reading in full of all ordinances and resolutions
All Ayes
under consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
1. Mayor Ryckoff opened the public hearing on Coun-
Council Right
cil's own motion to review the decision of the
of Review
Planning Commission approving Use Permit No.
UP 1900
1900, a request of Ernest George to construct a
(3224)
two -story office- retail building and related subter-
ranean parking spaces in Corona del Mar Specific
Plan Area where a specific plan has not been
adopted, and the acceptance of an environmental
document on property located at 2600 East Coast
Highway, on the southeasterly corner of East Coast
Highway and Dahlia Avenue; zoned C -1 —Z.
A report was presented from the Community
Development Department.
A petition bearing 186 signatures of Corona del
Mar residents opposing Use Permit No. 1900 was
presented.
The following people addressed the Council in favor
of the Use Permit: Ernest George, applicant, who
presented a map of the project; Ernie George, Jr.,
contractor on the project; and Bob Pike.
Dick Succa and Maxine Halligan addressed the
Council and opposed the Use Permit.
Motion
x
The hearing was closed after it was determined
All Ayes
that no one else desired to be heard.
Motion
x
Councilman Hummel made a motion to modify the
decision of the Planning Commission with respect
to Condition No. 1 which shall read, "The develop-
ment shall be similar to the plans that have
previously been presented," and Condition No. 18
which shall read "That the building be reduced to .5 .
times the buildable area." All other conditions and
findings of the Planning Commission are adopted by
reference, and the following additional finding is
made: "The approval of Use Permit No. 1900 will,
under the circumstances of this case, be detriment-
al to the health, safety, peace, morals, comfort and
general welfare of persons residing and working in
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the neighborhood or be detrimental or injurious to
property and improvements in the neighborhood or
jthe
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general welfare of the City."
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Option
x
Councilman Strauss made a substitute motion to
deny Use Permit No. 1900, including the findings
on Page 17 of the staff report and to move as
quickly as possible with a Specific Area Plan for
this area.
Motion
x
The hearing was reopened to allow the applicant
Ayes
x
x
x
Ernest George to respond to a question.
Noes
x
x
Mr. George stated that he would prefer a decision
allowing him some building rather than a flat
denial.
Motion
x
The hearing was closed.
All Ayes
Ayes
x
x
A vote was taken on Councilman Strauss' motion,
Noes
x
x
x
which motion failed.
All Ayes
A vote was taken on Councilman Hummel's motion,
which motion carried, and Use Permit No. 1900 was
approved conditionally.
2. Mayor Ryckoff opened the public hearing regarding
Shapiro
the appeal of Paul Shapiro from the decision of the
Appeal
Planning Commission denying Resubdivision No.
(3227)
621, a request to permit the creation of one parcel
of land to permit the construction of a two -unit
•
residential condominium complex on the site on
property located at 408 - 40th Street, on the
southeasterly corner of 40th Street and Channel
Place on Newport Island, zoned R -2.
A report was presented from the Community
Development Department.
A letter from Lake S. Trout for Loeb and Loeb,
attorneys for Mr. Shapiro, was presented regarding
the Planning Commission decision.
Lake Trout, attorney for Mr. Shapiro, addressed the
Council in behalf of his client.
Motion
x
Mr. Trout was granted two additional minutes for
Ayes
x
x
x
x
his presentation.
Noes
x
Motion
x
Mr. Trout was granted one more minute for his
Ayes
x
x
x
x
presentation.
Noes
x
The City Attorney stated for the record that his
office had not coriceded on any legal point that had
been made by Mr. Trout in his letter or in his
presentation.
The following people addressed the Council and
opposed Resubdivision No. 621: Alan Miller, repre-
senting the Newport Island Association; Gloria
Vanderpool; Alan Harding; Stuart Brecka and
Donnie Backman.
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The following people addressed the Council in favor
of the proposed Resubdivision: Mike Steiner, Larry
Cronin, Russ Fluter and Rocky Tarantello.
Motion
x
The hearing was closed after it was determined
All Ayes
that no one else desired to be heard.
Motion
x
Councilman Hart made a motion to sustain the
decision of the Planning Commission, including by
reference the findings and conditions of the Plan -
ning Commission, and with the additional finding
that condominium construction would introduce a
new and unwanted concept into an established
community.
Motion
x
Councilman Heather made a substitute motion to
continue the hearing to give time to poll the
homeowners regarding possible downzoning.
Motion
x
The hearing was reopened.
All Ayes
Walter Hart addressed the Council and opposed the
Resubdivision.
Paul Shapiro, the applicant, addressed the Council
regarding the proposed condominium.
otion
x
Councilman Heather restated her motion to con-
tinue the hearing to May 14 and to poll the
homeowners to see if they would rezone.
Ayes
x
A vote was taken on Councilman Heather's motion,
Noes
x
x
x
x
which motion failed.
Motion
x
The hearing was closed.
All Ayes
Ayes
x
x
x
A vote was taken on Councilman Hart's motion,
Noes
x
x
which motion carried.
E. ORDINANCES FOR SECOND READING
AND ADOPTION:
1. Ordinance No. 1802, being,
Noisy
Construction
AN ORDINANCE OF THE CITY OF NEW-
0 -1802
PORT BEACH AMENDING SECTION
(3210)
10.28.040 OF THE NEWPORT BEACH
MUNICIPAL CODE DEALING WITH NOISY
CONSTRUCTION, EXCAVATION, DELIVERY
OR REMOVAL - HOURS PERMITTED
was presented.
Motion
x
Ordinance No. 1802 was adopted.
All Ayes
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2. Ordinance No. 1803, being,
Council
Procedures
AN ORDINANCE OF THE CITY OF NEW-
0 -1803
PORT BEACH AMENDING SECTION
(1096)
2.04.020 OF THE NEWPORT BEACH MU-
NICIPAL CODE TO CHANGE THE TIME OF
CITY COUNCIL MEETINGS]
was presented.
Motion
x
Ordinance No. 1803 was adopted.
Ayes
F. CONTINUED BUSINESS:
1. A report was presented from the Public Works
Private
Department regarding the request of Jasmine
Streets
Creek Homeowners' Association regarding Califor-
Jasmine Creek
nia Vehicle Code Enforcement and on- street
(3228)
parking on private streets in the Jasmine Creek
Development, located southwesterly of San Joaquin
Hills Road and easterly of Crown Drive North
(Tentative Tract No. 7967).
A request letter from the Board of Directors of
Jasmine Creek Homeowners' Association was pre-
sented.
The following people addressed the Council in favor
of the Jasmine Creek Homeowners'request: Norm
Smedegaard, who presented a letter regarding the
request, and a letter from M. J. Brock & Sons
agreeing to paint the curb red approximately 15
feet on each side at each fire hydrant in Jasmine
Creek; Larry Olin, representing M. J. Brock & Sons,
guaranteeing that they will implement whatever
plan is approved; and Lloyd Odemeyer.
Motion
x
Mr. Smedegaard was granted two additional min -
Ayes
x
x
x
utes for his presentation.
Noes
x
x
Motion
x
The requirement for enforcement of the California
Ayes
x
x
x
x
Vehicle Code in Tentative Tract No. 7967 was
Noes.
X
waived; and the restrictions were waived regarding
on- street parking on all private streets in Tentative
Tract No. 7967, subject to the implementation of a
fire access control plan approved by the Fire
Department.
2. A report was presented from the City Manager
N.O.I.S.E.
regarding City membership in N.O.I.S.E. (National
(1088)
Organization to Insure Sound - Controlled Environ-
ment).
Motion
x
The item is to be voted on at the final Budget
Dyes
consideration.
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3. Council ad hoc Siltation and Grading Committee:
Siltation
& Grading
George Shambeck, President of the Orange County
Cmte
Chapter of the California Council of Civil Engi-
(3211)
neers asked that one of their member firms be
appointed as one of the public members.
Motion
x
Mayor Ryckoff's appointment of Dayne Stiles as
All Ayes
the representative of The Irvine Company, of Allan
Beek as the representative of the Planning
Commission and John Dunzer as one of the repre-
sentatives of the community at large; and the
postponement of the appointment of the other
representative of the community at large to
April 23 was approved.
4. A report dated March 26 was presented from the
Encroachment
Public Works Department regarding an encroach-
Pub R -o -W
ment permit request from Robert and Patricia
Balboa /46th
Stomel for the landscaping of City property at the
(3209)
southeasterly corner of 46th Street and Balboa
Boulevard.
Patricia and Robert Stomel, applicants, addressed
the Council.
Motion
x
The encroachment was granted, subject to the
Ayes
x
following conditions:
es
x
x
x
x
(a) No permanent structural improve-
ments be made on City property.
(b) No landscaping shall be installed near
the alley which would intrude in a
site plane established by the Traffic
Engineer.
(c) If it is necessary to repair, maintain,
or install utility lines across the
parcel, the City reserves the right to
remove without replacing, landscap-
ing and improvements that might
interfere with the work.
(d) Allow City forces access to the par-
cel to inspect and maintain City
facilities that cross the parcel.
(e) At such time as the parcel is needed
for public purposes, the permittee
agrees to remove all landscaping and
improvements within 30 days of no-
tice to do so. .
(f) The detailed plan to be approved by
the Public Works and Parks, Beaches
and Recreation Directors.
5. A letter from the Newport Harbor Area Chamber
General Plan
of Commerce requesting to be heard regarding
(673)
traffic solutions and /or modifications to the Circu-
lation Element of the General Plan was presented.
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Motion
All Ayes
Motion
40 1 Ayes
Motion
All Ayes
Motion
All Ayes
0
MINUTES
INDEX
SCAG
(447F)
CdM Water
Mains
(2885)
R -9533
Traffic Sigs
2nd &.Npt
(3195)
R -9534
Gordon West, President of the Newport Harbor
Area Chamber of Commerce, addressed the Coun-
cil and asked that the Council rescind their action
on March 26 in connection with the Circulation
Element of the General Plan and adopt the recom-
mendations of the Planning Commission for the
Circulation Element, and that legislation be initi-
ated to implement a proposed fee district for
street improvements.
G. CURRENT BUSINESS:
1. A report was presented from the City Manager
regarding procedures for withdrawing the City's
membership from SCAG.
A letter from SCAG signed by Gilbert D. Smith was
presented.
Gilbert Smith, Assistant Director for Government
and Community Relations for SCAG, addressed
the Council and discussed SCAG, its organization,
by -laws and activities.
x
Mr. Smith was granted an additional minute for
his presentation.
x
Consideration of a proposed resolution stating
the City's. intention to withdraw from membership
in the Southern California Association of Governments
was postponed to April 23.
2. A report was presented from the Public Works
Department regarding the Water Main Construction
and Replacement in Corona del Mar 1978 -79,
Contract No. 2054.
x
The request of the apparent low bidder, Monarch
Construction Company of Orange, to withdraw
his bids for proposals Nos. 1 and 2 due to clerical
errors in bid preparation was approved; and Resolution
No. 9533, awarding a contract to Gallacher Co.,
Inc., in connection with the Water Main Construction
and Replacement in Corona del Mar, Contract
No. 2054, in the amount of $169,368.25, was adopted.
3. A report was presented from the Public Works
Department regarding the Traffic Signal Modifications
at Newport Boulevard and 32nd Street, Contract
No. 2076.
x
The informality in the bid of Steiny and Company,
Inc. was waived; and Resolution No. 9534, awarding
a contract to Steiny and Company, Inc., in connection
with the Traffic Signal Modifications at Newport
Boulevard and 32nd Street, Contract No. 2076,
in the amount of $55,700.00, was adopted.
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INDEX
SCAG
(447F)
CdM Water
Mains
(2885)
R -9533
Traffic Sigs
2nd &.Npt
(3195)
R -9534
CITY OF NEWPORT REACH
COUNCILMEN MINUTE S
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4. A report was presented from the Marine Department
Street Ends
•
regarding a request by Mrs. Stephen Barnard that
(2817)
the City extend a storm drain at 11th Street and
participate in a dredging project to restore the
street -end beach.
The City Manager stated that he had been
authorized by the applicant to request that the
item be removed and referred to the Public Works
Department.
Motion
x
The item was removed from the agenda and
All Ayes
referred to the Public Works Department.
5. A report from the Community Development De-
Downcoast
partment regarding the Irvine Coast Federal Park
Development.
Study Area was presented with three alternate
(1090)
resolutions, Alternates (a), (b) and (c).
Motion
x
Mayor Ryckoff made a motion to approve the
Alternate (c) resolution.
The following people addressed the Council and
opposed Alternate (c): Jeff Georgevich,represent-
ing Friends of The Irvine Coast, and Hal Thomas.
All Ayes
A vote was taken on Mayor Ryckoff's motion, and
Resolution No. 9535, supporting the purchase of all
R -9535
or part of the Irvine Coastal Area as a national
park, and supporting the construction of the San
Joaquin Hills Transportation Corridor, was adopted.
H. CONSENT CALENDAR:
Motion
x
The following actions were approved by one motion
All Ayes
affirming the actions on the Consent Calendar:
1. There were no ordinances for introduction.
2. The following resolutions were adopted:
(a) Resolution No. 9536 designating an intersec-
Stop Signs
tion at which vehicles are required to stop
R =9536
and directing the Traffic Engineer to erect
(817)
necessary stop signs (Orange Avenue at 15th
Street) (A report from the Public Works
Department)
(b) Resolution No. 9537 declaring that weeds
Weed
and other public nuisances exist upon
A batement
streets, alleys, sidewalks, parkways, and
(150)
private property within the City; declaring
R -9537
that said weeds and public nuisances must be
abated; setting the time and place for a
public hearing at which the City Council will
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consider protests from persons objecting to
.
I
the proposed destruction or removal of such
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public nuisances by the City; and directing
the Fire Chief to give notice of the passage
of this resolution and of the public hearing
set for April 23, 1979. (A report from the
Fire Department)
(c) Resolution No. 9538 authorizing the Mayor
Audit
and City Clerk to execute an agreement
R -9538
between the City of Newport Beach and
(224)
Hurdman and Cranstoun in connection with
auditing services for the Fiscal Years
1978 -79, and 1979 -80. (A report from the
Finance Director)
(d) Resolution No. 9539 authorizing the Mayor
Personnel
and City Clerk to execute a cooperative
Services
services contract agreement between the
R -9539
City of Newport Beach and the State Per-
(3229)
sonnel Board in connection with technical
personnel services. (A report from the City
Manager)
3. The following communications were referred as
indicated:
(d) Tu staff for reply, a letter froru Richard S.
Fiore, attorney for the Spyglass Hill Com-
munity Association, asking that the balance
of funds originally deposited by John D. Lusk
•
& Son be made available to them for the
installation of play equipment in the Spy-
(2766)
glass Hill Park. (Attached)
(b) Removed from the Consent Calendar.
(c) Removed from the Consent Calendar.
4. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) A letter from the Southern California Gas
Company enclosing a certified franchise
statement showing the amount due for the
(822)
calendar year 1978. (Attached)
(b) A letter from Kathy J. Croll of Tustin with
a list of forty -six names of people dedicated
to the preservation of the Irvine Coastline.
(1090)
(Attached)
(c) A letter from Robin Young stating that she
is seeking reappointment to a full term on
the Orange County Transit District Board of
(1509)
Directors. (Attached)
(d) A letter from the Mayor of the City of
Cypress urging Newport Beach's support for
the reappointment of their Councilwoman
Alice MacLain as the alternate representa-
tive from the League of Cities to the Local
Agency Formation Commission of Orange
(2529)
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County. (Attached)
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(e) A letter from Orange Coast Yellow Cab,
Inc. regarding that company's application for
an exception from the Federal Mandatory
Petroleum Allocation. (Attached for Coun-
(666)
cil only)
(f) A letter from Mr. and Mrs. R. W. Knutsen
opposing grade separations at the intersec-
tions of Jamboree, Dover and MacArthur
with Pacific Coast Highway. (Attached)
(960)
(g) Copy of a letter to Supervisor Thomas F.
Riley from the United Fishermen's Organi-
zation of Southern California, Inc. regard-
ing the lack of facilities available to
commercial fishermen in Newport Harbor.
(386)
(Attached)
(h) A letter addressed to .Mayor Pro Tern
Williams from Steven D. Olmscheid regard-
ing the center divider at the south end of
San Joaquin Hills Drive. (Attached)
(1285)
(i) Copy of a letter to Pete Kremer, President
of The Irvine Company, from E. F. Hutton &
Company, Inc. protesting the rate differ-
ences in the Newport Center parking
(600)
structures. (Attached)
•
(j) A letter from Mr. and Mrs. E. P. Benson
enclosing a newspaper clipping regarding the
cancellation of Sohio's oil terminal and
pipeline project in Long Beach. (Attached)
(20)
(k) Removed from the Consent Calendar.
(1) Excerpt from the Minutes ,of the Board of
Supervisors meeting of March 27, 1979 in-
dicating the termination of the Upper New-
port Bay Pedestrian Fishing Access project.
(355)
(Attached)
(m) A resolution of the City of Westminster
endorsing the emergency medical services
plan for Orange County, and the submittal
of a grant application for the implementa-
tion of the plan.
(1744)
(n) Resolutions from the cities of Stanton and
Buena Park requesting an amendment to
Section 3202 of the Labor Code of the State
of California.
(459)
(o) Four responses to the SPON questionnaire
regarding traffic. (Attached)
(3220)
(p) Agenda for the Board of Supervisors' meet-
ings of March 27 and 28, and April 3 and 4,
(20)
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1979.
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5. The following claims for damages were denied and
Claims
the City Clerk's referral to the insurance carrier
was confirmed:
(a) Claim of Greg Wiggins for property damage
Wiggins
at his residence at 231 - 48th Street on
(3231)
January 17, 1979, allegedly caused when a
Meter Maid drove into his garage door with
a Police vehicle.
(b) Claim of Robert Davis for property damage
Davisd
on January 25, 1979, allegedly sustained
(3232)
when his television set which had been
seized by the Police Department fell out of
the Police vehicle enroute to the Police
station.
(c) Claim of Phillip S. Freeman for property
Freeman
damage allegedly sustained on February 17,
(3233)
1979 when he was involved in an accident
with a City vehicle.
(d) Claim of Rick Bergestrom for property
Bergestrom
damage on March 23, 1979, allegedly caused
(3234)
by debris in' bike lane on Coast Highway
around Dover which blew a tire on his bike.
(e) Claim of Irving and Eleanor Burg for proper-
Burg
•
ty damage at 2301 Bayside Drive, Corona
del Mar on March 25, 1979, allegedly caused
(3235)
by a City sewer line which was blocked.
(f) Claim of Joseph Kidushim for property
Kidushim
damage at 127 and 12772 - 41st Street over a
(3236)
period from 1974, allegedly caused by faulty
drainage on a City street.
(g) Claim of Grover Bonham for property dam-
Bonham
age on April 3, 1979, allegedly incurred
(3237)
when the glass on a picture was broken while
it was being hung in the City Hall.
6. Summons and Complaints:
The City Clerk's referral to the insurance carrier
was confirmed:
(a) Summons and Complaint of Donald Eugene
Hallard
Hallard for personal injuries, Case No.
(3074)
309761 in the Orange County Superior
Court. The original claim was for personal
injuries he sustained when he was walking on
the right side of Washington Street in Balboa
and caught his foot in a hole in the sidewalk
and fell.
(b) Summons and Complaint of Isabelle D. Allen
Allen
for Personal Injuries, Case No. 308177 in the
(3159)
•
Orange County Superior Court. The original
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claim was for personal injuries sustained
when she tripped and fell on the sidewalk at
1901 Westcliff Drive on October 11, 1978.
The City Clerk's referral to the City Attorney was
confirmed:
(c) Summons and First Amended Complaint of
Yee dba
Kam Foy Yee and Siu Loong Yee, individual-
Kam's
ly and d.b.a. Kam's Restaurant in the Orange
Restaurant
County Superior Court, Case No. 303842 for
(3238)
declaratory relief; breach of covenant of
good faith and fair dealing; intentional
infliction of emotional harm; quiet title;
injunction; and breach of lease.
7. The following request to fill personnel vacancies
Personnel
was approved: (A report from the City Manager)
Vacancies
(1203F)
(a) One Laborer in General Services to fill a
vacant position.
(b) One Refuse Crewman in General Services to
fill a vacant position.
(c) One Library Clerk I in the Library to fill a
vacant position.
•
(d) One Emergency Equipment Dispatcher in the
Police Department to fill a vacant position.
(e) One Police Clerk I in the Police Department
to fill a vacant position.
8. The following staff reports were received and
ordered filed:
(a) A report from the Marine Department re-
Central Npt
garding converting metered beach parking
Parking
lots in the "McFadden" area to staffed
(2745)
parking lots. (Attached)
(b) Removed from the Consent Calendar.
9. There were no public hearings scheduled.
10. The installation of temporary signs and banners for
NB City Arts
the 1979 Arts Festival was approved. (A report
Festival
from the City Manager)
(1115)
11. Removed from the Consent Calendar.
12. Removed from the Consent Calendar.
I. ITEMS REMOVED FROM THE CONSENT CALEN-
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1. A report was presented from the Parks, Beaches
Ensign Vw
and Recreation Director regarding the recommend-
Park
ation of the Parks, Beaches and Recreation
(1294)
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Commission that the building located in Ensign
View Park be named the "Newport Theatre Arts
Center."
Motion
x
The item was postponed in order to review other
All Ayes
possible names.
2. A letter from the West Newport Improvement
W Npt
Association was presented regarding West New-
Trash
port trash collection.
(273)
Margot Skilling, President of the West Newport
Improvement Association, addressed the Council
and suggested twice weekly trash pickups in high -
density areas between June 15 and September 15.
Motion
x
Councilman Heather made a motion to refer to the
staff for report back at the next meeting.
Motion
x
Mayor Ryckoff made a substitute motion to refer
Ayes
x
x
x
x
to staff for reply, which motion carried.
Noes
x
Motion
x
3. A letter from Edward D. Garratt asking for the
Parking
All Ayes
adoption of an ordinance limiting parking to one
Prohibitions
hour on Amethyst Avenue, Balboa Island, was
(440F)
referred to staff for reply.
tion
x
4. A report from the License Supervisor concerning
Street
Ayes
closure of Via Oporto for public events was
Closure
received and ordered filed with the understanding
(300)
that the traffic problem in Lido Village area will be
worked out.
5. A letter addressed to Mayor Ryckoff from the
OrCo Transit
Orange County Transit District was presented
District
regarding possible changes in the scope and opera-
(1509)
tion of the Districts community transit services.
Motion
x
The Mayor was authorized to send a letter to the
Ayes
x
x
x
Transit District supporting its change in level of
Noes
x
x
service.
Motion
x
6. Budget Amendment BA -052, $750.00 transfer of
NOISE
All Ayes
Budget Appropriations for membership in the Na-
(18F)
tional Organization to Insure a Sound - Controlled
Environment, from Unappropriated Contingency
Reserve to City Council, Publications and Dues, was
disallowed.
J. ADDITIONAL BUSINESS:
Motion
x
1. The Environmental Quality Citizens Advisory Com-
Upper Npt
All Ayes
mittee was authorized to send a letter regarding
Bay /NIWA
the "208" Program to SCAG after review of the
(355)
i2.
letter by the Mayor.
Sion
I x
The kAayor was authorized to send a letter stating
Ayes
x
x
x
x
the City's position opposing SB 606 mandating low -
Abstain
I
x
cost housing.
i
I
Volume 33 -Page 95
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
yes,
?r3 �C��n�p9y9G 22�
ROLL CALL �' Aori1 9. 1979 INDEX
x
3. The reports in connection with the traffic report
General
1 Ayes
01 Ayes
written by Councilmen Heather and McInnis which
Plan /C ircula-
were to come back to Council on April 23 are to be
tion Element
brought back on May 14.
(673)
There being no further business to come before the
Council, the Mayor adjourned the meeting at 11:20 p.m.
Mays or
ATTEST:
P
City Clerk 0.a
.. Cg1-1FORV�.
i
t
Volume 33 - Page 96