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HomeMy WebLinkAbout03/22/1976 - Regular MeetingCOUNCILMEN CITY OF NEWP® Y BEACH ® REGULAR COUNCIL MEETING �A$��g �vp $ Place: Council Chambers O ��a�On�M �+` Time: 7:30 P.M. ROLL CALL__�\O * a�w Date: March 22, 1976 MINUTES Pr�t x x x xlx x Roll Call. The reading of the Minutes of the Regular Meeting of Motion. x March 8, 1976 was waived, and said Minutes were approved as Ayes x x x x x 1 3 written and ordered filed. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the Acting City Clerk Ayes x x x x x N was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing to determine if the boundaries of Underground Utilities District No. 4 should be amended to include a strip of land approximately 50 feet wide along the northerly side of the Pacific Coast Highway between Jamboree Road and MacArthur Boulevard. A report was presented from the Public Works Director. Motion The hearing was closed after it was determined that Ayes x x x x A y 2 no one desired to be heard. Resolution No. 8721, amending Underground Utility District No. 4 by annexing thereto certain territory located on the northerly side of Coast Highway easterly of Jamboree Road to easterly of MacArthur Boulevard and ordering the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or Motion x associated service within that area of the City Ayes K x x x x x I located within said district, was adopted. 2. Mayor McInnis opened the public hearing regarding General Plan Amendment 76 -1, consisting of the following three parts: (A) An amendment to the Land Use Element and Recre- ation and Open Space Element to add "Adminis- trative, Professional and Financial Commercial" and "Recreational and Environmental Open Space" as alternate uses, in addition to the "Recre- ational and Marine Commercial" designation, for the property at the southeast corner of Bayside Drive and Marine Avenue, and to add the following wording to Page 16 of the Land Use Element: "Any development of the property at the south- east corner of Marine Avenue and Bayside Drive should assure that a view triangle, with its apex at the intersection of Marine Avenue and Bayside Drive, is maintained and that adequate public access to the bay is provided. The appearance of structures shall be compatible with, and not offensive to, the surrounding area. In order to assure that these objectives will be reached, Planning Commission approval of the development plans will be required. If necessary, the property will be rezoned to accomplish the above." Volume 30 - Page 56 INDEX Underground Utility District 4 R -8721 General Plan ROL L Ay e Mo Ay e COUNCILMEN 7 s• g,, l t �.; ��y � � t� � .� l " Gib z MINUTES CALL \�� \ \�� \ \yP \ \W \�\a \�w\ March 22, 1976 INDEX (B) An amendment to the Land Use Element to change the designation of a portion of the industrially - designated area of the Newport Place Planned Community (at the intersection of Bristol Street and Spruce Avenue) to a mixture of "Adminis- trative, Professional and Financial Commercial" and "Retail and Service Commercial." (C) An amendment to the Land Use Element to change the designation of a portion of the industrially - designated area of the Koll Center Newport Planned Community (at the intersection of Jam- boree Road and Birch Street) to a mixture of "Administrative, Professional and Financial Commercial" and "Retail and Service Commercial." A report was presented from the Community Development Department. The following people addressed the Council and opposed Amendment (A) in connection with the property at the southeast corner of Bayside Drive and Marine Avenue: Bob Millar, President of the Little Island Property Owners Association; Frank Fulton, President of the Balboa Island Improvement Association; Hans Hegna; Morgan Stanley; Andrea Skall and Bill Morris. David Neish of The Irvine Company addressed the Council in favor of Amendment (A). COUNCILMEN BEACH MINUTE3 ROLL CALL 22, 1976 INDE and dancing, in conjunction with an existing • restaurant; located at 3295 Newport Boule- vard between 32nd Street and Finley Avenue; zoned C -1. A report was presented from the Community Development Department. A letter from David R. Baade, attorney, in behalf of the applicant was presented re- questing continuance to April 26, 1976. Letters from Elsie Erikson and Nora R. Walker were presented opposing the extension of subject use permits. David Baade, attorney for applicant, ad- dressed the Council and requested a contin- uance of the matter. The following people addressed the Council and opposed the extension of the Use Permits: Quentin Smith, John Callahan, George Deacon, Warren West, Douglas Smith, Richard W. Atwell, Mel Atwell, Mr. Monroe, Bob Atwell, Joe Starr and Vincent Atwell. Motion X Attorney David Baade addressed the Council Ayes K K x x x x X again in rebuttal and was granted ten minutes 0 for his presentation. Motion x The hearing was closed after it was deter - Ayes K X x x x x X mined that no one else desired to be heard. Motion x The extension of Use Permits No. 1244, No. Ayes X x x x x i 1272 and No. 1419 was denied, and the action of the Planning Commission was sus- tained, based on the following findings supported by the evidence and testimony received at the hearing: 1. The first finding that the basic oper- ation has changed since the original use permits were granted and even since the last extensions were granted to the point where the kitchen has been removed and is now used for office space and the operation constitutes a "nightclub" as opposed to the original food and beverage establishment. 2, That the continuation of live entertai- nment and dancing in "Smokey Stovers" will be detrimental to the surrounding uses since the noise and sound amplifi- cation can be heard outside the struc- ture and is a source of complaints from surrounding neighbors. 3. That adequate parking is not available for the existing development. There - Volume 30 - Page 58 X COUNCILMEN MINUTES ROLL CALL \�a \� \�� \$ \$g \0 \fie \March 220 1976 INDE fore, customers have illegally parked • in adjoining areas and have blocked the alley and driveways of nearby resi- dents. 4. That trash and debris from the operation of the establishment have accumulated in the yards of nearby residents as well as the adjoining alleys and channel. 5. That the behavior and conduct of the customers of "Smokey Stovers" have been a source of disturbance to the surrounding neighbors. 6. That based on the testimony received at the public hearing there have been police problems relating to the op- eration at "Smokey Stover's." 7. That the operation at "Smokey Stovers" constitutes a public nuisance. 8. That based on the findings heretofore made the extensions of subject use permits will, under the circumstances of this case, be detrimental to the health, safety, peace, moral comfort and general welfare of the persons residing and working in the neigh- borhood and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City. 4. Mayor McInnis opened the public hearing Blower regarding the appeal of Floyd A. Blower of Appeal the conditions established by the Planning Commission in the approval of Resubdivision No. 509, a request to create two parcels of land for residential development where two lots and portions of two other lots now exist; located at 1024 -1028 East Balboa Boulevard, on the northwesterly corner of East Balboa Boulevard and "C" Street on the Balboa Peninsula; zoned R -3. A report was presented from the Community Development Department. Floyd Blower, applicant, addressed the Council. Motion x The hearing was closed after it was deter - Ayes x x x x X Y I mined that no one else desired to be heard. ion 21 The recommendation of the Planning Commission es K x x x x x I was overruled, and the use of the existing nonconforming garage was permitted. Volume 30 - Page 58A ROLL( Motia Ayes I Motio Ay'd Motio Ayes COUNCILMEN '±: _�. a. �'•.� : xs tq '�y �S � t� 9 r.. (.., Vii$ MINUTES ;ALL \Am�V lr\S� AA 0\ March 22, 1976 INDEX 5. A report was presented from the Community Development Tract 8737 ' Department regarding the scheduled public hearing on Tentative Map of Tract No. 8737, a request of Mariners Savings and Loan Association, Newport Beach, to create one parcel of land for condominium medical office development; located at 320 Superior Avenue, across Hospital Road from Versailles -on- the - Bluffs; zoned A -P. n x The hearing was reset for April 12, 1976. x x x x 6. Mayor McInnis opened the public hearing regarding Skateboards Ordinance No. 1660, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1660 ADDING CHAPTER 12.27 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "SKATEBOARDING REGULA- TIONS ". A report from the City Attorney was presented with the Assembly Committees on Local Government Report and a copy of Assembly Bill No. 2676. A report was presented from the Parks, Beaches and Recreation Commission. A report was presented from the Police Chief. rA report was presented from the Traffic Affairs Committee. A letter to the City Attorney from the Orange County Traffic Commissioner was presented enclosing an essay on "skateboarding ". A letter from Warren G. Althoff was presented opposing the ordinance. Letters were received after the agenda was printed from Dick Wandrocke, Kenneth F. Tobiason and Mrs. John Durkee opposing the ordinance. The following people addressed the Council in favor of the ordinance: Ron Robison, President of the Spyglass Hill Homeowners Association; Walter Heeley; David Ariss; Archibald Scott; Robyn Mason; James Casey and Kenneth Tobiason. The following people addressed the Council in op- position to the ordinance: Mike Kramer, John Warren, Bill Sharpe, Harvey Carpenter, Chip Burden, Mike Johnson, Andy Carpenter, Christie Kwak and Betsy MacKenzie. n x The hearing was closed. X x x x x n x Ordinance No. 1660 was adopted; and the matter was x x x x referred back to the Parks, Beaches and Recreation Commission to consider the installation of skateboard areas. i Volume 30 - Page 59 ROLL CALL Motion Ay Motion Ayes Motion Ayes Noes • COUNCILMEN \\OA 111;\650 6\0 MINUTES INDEX ected to prepare a resolution to be adoption naming the streets and City where skateboarding will not the effective date of the ordinance. READING AND ADOPTION: 9, being, OF THE CITY OF NEWPORT BEACH ON 7.04.055 ENTITLED "PENALTY" TO (DOGS) OF TITLE 7 OF THE NEWPORT .PAL CODE, second reading. •vey Paeden was presented asking that '.or owners to clean up after their :ds. mneth Boss addressed the Council and Lance. i9 was adopted. Lng , 's OF THE CITY OF NEWPORT BEACH ;TION 7.04.030 OF THE NEWPORT BEACH )DE PROHIBITING ANIMALS ON PUBLIC PARKS, aented from the General Services r McInnis from Mary Rosburg was Lag dog nuisances on the beaches. a made a motion that the ordinance 1. c.ed that the motion be amended to to take the necessary steps to avious Council commitment to co- )P, which amendment was accepted by motion. on Councilman Rogers' motion, which and the ordinance was not introduced. as was declared. 3 with all members present except [ Rogers. ame 30 - Page 60 Dogs/ Penalties D -1659 Animal Control =Z9r 0V��a \�i�\ March 22, 1976 x The staff was dix x x x x x I brought back for areas within the be allowed as of ORDINANCES FOR SECOND 1. Ordinance No. 16` AN ORDINANCE ADDING SECT] CHAPTER 7.01 BEACH MUNIC] was presented foi A letter from Hai the requirement ] dogs apply to yai Hans Hegna and Kf opposed the ordii x Ordinance No. 16: x x x x CONTINUED BUSINESS: 1. An ordinance, be: AN ORDINANCI AMENDING SEI MUNICIPAL CI BEACHES AND was presented. A report was pre; Department. A letter to Mayo, presented regard. x Councilman Roger not be introduce Mayor McInnis as direct the staff implement the pr operate with SCO the maker of the X x x I A vote was taken x motion carried, A recess of two minut The Council reconvene Councilmen Kuehn and I Vol MINUTES INDEX ected to prepare a resolution to be adoption naming the streets and City where skateboarding will not the effective date of the ordinance. READING AND ADOPTION: 9, being, OF THE CITY OF NEWPORT BEACH ON 7.04.055 ENTITLED "PENALTY" TO (DOGS) OF TITLE 7 OF THE NEWPORT .PAL CODE, second reading. •vey Paeden was presented asking that '.or owners to clean up after their :ds. mneth Boss addressed the Council and Lance. i9 was adopted. Lng , 's OF THE CITY OF NEWPORT BEACH ;TION 7.04.030 OF THE NEWPORT BEACH )DE PROHIBITING ANIMALS ON PUBLIC PARKS, aented from the General Services r McInnis from Mary Rosburg was Lag dog nuisances on the beaches. a made a motion that the ordinance 1. c.ed that the motion be amended to to take the necessary steps to avious Council commitment to co- )P, which amendment was accepted by motion. on Councilman Rogers' motion, which and the ordinance was not introduced. as was declared. 3 with all members present except [ Rogers. ame 30 - Page 60 Dogs/ Penalties D -1659 Animal Control ROLL 4 Mot Aye Abs Mot Aye Noe Abs 4 Mot Aye Abs F_ L COUNCILMEN MINUTES CALL m %vf a * Aim March 22, 1976 INDEX 2. A report was presented from the Community Development Hillside ' Department regarding Hillside Development Standards. Dev Sue Picker addressed the Council and commended the staff on the proposed standards presented. Council Policy K -7, "Hillside Development Standards," ion x was adopted; and this Council Policy, along with the a x x x San Clemente ordinance covering hillside development ent x 2 standards, was referred to the Environmental Quality Control Citizens Advisory Committee for a report back at their convenience. 3. A report was presented from the Parks, Beaches and Ensign Recreation Commission regarding the Master Plan for View Ensign View Park. Park The recommendation of the Parks, Beaches and Recrea- ion x tion Commission to proceed with the development of a a E x x X portion of Ensign View Park for dedication as a a x Bicentennial Park with ceremonies to take place some ent x 31 time in July was approved. CURRENT BUSINESS: 1. A report was presented from the Public Works Depart- Tract 7989 ment regarding the improvements in Tract No. 7989. Resolution No. 8723, authorizing the execution of an R -8723 Amendment to the Subdivision Agreement between the City and Leadership Housing Systems, Inc. in connec- tion with the acceptance of improvements in Tract No. ion x 7989 (Balboa Boulevard and 19th Street), was adopted; s K x x x x the public improvements constructed to date with ent x Tract No. 7989 were accepted; and the City Clerk was authorized to accept Riders for the Faithful Per- formance Bond and Labor and Materials Bond decreasing the effective amount of each bond from $235,000 to $85,000. 2. A report was presented from the Community Development Tract 9260 Department regarding the Final Map of Tract No. 9260 and (Phase I - Broadmoor - Pacific View) and the Final Map Tract 9261 of Tract No. 9261 (Phase II - Broadmoor- Pacific View), requests of Broadmoor Homes, Inc., Tustin, to subdivide 21.717 acres into 69 lots for single - family residential development and one lot for recreational purposes, and to subdivide 13.593 acres into 49 lots for single- family residential development and three lots for landscape purposes; property located on the southeasterly side of New MacArthur Boulevard, ad- jacent to the Big Canyon Reservoir in Harbor View Hills; zoned P -C. Rob Carley of Raub, Bein, Frost & Associates, repre- senting the developer, addressed the Council and stated that they were in agreement with the conditions imposed. Volume 30 - Page 61 ROLL MoilAy Abser Motic Ayes Abser L COUNCILMEN MINUTES CALL % f 19� + A 0 March 22, 1976 INDEX The Final Maps of Tract Nos. 9260 and 9261 were x approved, subject to the conditions imposed and incorporating by reference the findings made by the It x x x x Planning Commission; the reference to lot "A" in Condition No. 2 was amended to read "Lots 'A', 'B' and 'C' of Tract 9260 "; and the following resolutions were adopted: Resolution No. 8724 authorizing the execution of R -8724 a Subdivision Agreement between the City and Broadmoor Homes, Inc. in connection with the construction of improvements in Tract No. 9260. Resolution No. 8725 authorizing the execution of R -8725 a Subdivision Agreement between the City and Broadmoor Homes, Inc. in connection with the construction of improvements pertaining to New MacArthur Boulevard. Resolution No. 8726 authorizing the execution of R -8726 a Subdivision Agreement between the City and Broadmoor Homes, Inc. in connection with the construction of improvements pertaining to Tract No. 9261. 3. A report was presented from the Community Development Tract 8917 Department regarding the Final Map of Tract No. 8917, a request of The Irvine Company, Newport Beach, to approve the final map establishing one lot where two lots and a portion of a third now exist to permit the conversion of a thirty -four unit apartment building into a thirty -four unit residential condominium development; located at 1201 -1325 Bayside Drive, on the southwesterly side of Bayside Drive, easterly of the Balboa Island Bridge (Mai -Kai Apartments); zoned R -3. A report was presented from the Public Works Director. Bill Frost of Raub, Bein, Frost & Associates addressed the Council and stated that he was present to answer any questions. rn x The Final Map of Tract No. 8917 was approved, subject x x x x to the conditions imposed and incorporating by it X reference the findings made by the Planning Commis- sion; and the following resolutions were adopted: Resolution No. 8727 authorizing the execution of R -8727 an agreement between the City and The Irvine Company in connection with the conversion of the Mai -Kai Apartments to condominiums (Tract No. 8917). Resolution No. 8728 authorizing the execution of R -8728 a Quitclaim Deed for an existing 4 -foot wide storm drain easement in connection with the ' conversion of the Mai -Kai Apartments to condo- miniums. 4. A report was presented from the Public Works Director Curb Cut/ regarding the application of Don Peterson for a curb 227 SapphiL cut on Balboa Avenue, Balboa Island to serve 227 Sapphire Avenue. Volume 30 - Page 62 COUNCILMEN MINUTES ROLL CALL A y t _ rch 22, 1976 IP! ®EJ( Don Peterson, applicant, addressed the Council. M0t`1'6n x Councilman Ryckoff made a motion to approve the application. Hans Hegna addressed the Council in favor of the application. Ayes K x x x x A vote was taken on Councilman Ryckoff °s motion, Absent x x which motion carried. 5. A report was presented from the Public Works Director Encroach - regarding the request of William D. Mowrer for per- ment mission to construct a 6 -foot high fence with an 8- Permit /447 foot high gate in the parkway of Clay Street at 447. Irvine Av Irvine Avenue. Mr. and Mrs. William D. Mowrer, applicants, both addressed the Council. Motion x Councilman Ryckoff made a motion to grant permission for the encroachment into the parkway with the con - dition that a deed restriction be recorded which would run with the land and be binding on future owners guaranteeing the removal of the structure should the property be required for public purposes. Sue Ficker addressed the Council in favor of the IN request. Ayes x x x A vote was taken on Councilman Ryckoff °s motion, Noes K x which motion carried. Absent 6. A report was presented fxom the Public Works Director Bicycle regarding the proposed bike trail surfacing on Back Trails/ Bay Drive. Back Bay Dr A letter from the Friends of Newport Bay was pre- sented opposing the proposed bike trail surfacing at this time. Betsy MacKenzie, Chairman of the Bicycle Trails Citizens Advisory Committee, addressed the Council in favor of the proposed bike trail surfacing. i Ray Williams, President of Friends of Newport Bay, addressed the Council and opposed the proposed bike trail surfacing as proposed at this time. Motion x The matter was referred back to staff for further Ayes K x x x x input from the Fish and Game Policy Committee and Absent x x the County. • 7. A letter from Allana Pfischner was presented re- Business questing a waiver on the penalty imposed on a License delinquent business license. Motion The request for waiver of the penalty was denied. Ayes x x x x Absent Volume 30 - Page 63 ROL Mo Ay Ab Mo Ay Ab Mo Ay Ab COUNCILMEN MINUTES L CALL Z�P*a�aa March 22, 1976 INDEX . 8. A letter to Mayor McInnis from Rolly Pulaski in Bicentennial behalf of the Balboa Improvement Association was Bandstand presented requesting approval of a bandstand in Pen- insula Park in connection with Bicentennial Ceremo- nies and requesting the City share in the cost. A letter was presented from the Parks, Beaches and Recreation Commission in support of the proposed bandstand. Rolly Pulaski addressed the Council asking for approval of the bandstand. The installation of a bandstand in Peninsula Park for initial use as the focal point for the Bicentennial ceremonies proposed by the Balboa Improvement Associ- ation during the first week in July was approved, :ion x subject to the conditions recommended by,the Parks, as I x x x x Beaches and Recreation Commission; and the request sent K x for financial participation by the City was referred to the Bicentennial Citizens Advisory Committee for analysis. 9. A report was presented from the Litter Control Litter Citizens Advisory Committee requesting $40,000 for fiscal year 1976 -77 to establish a litter enforcement unit. _ The matter was postponed for consideration during x Budget deliberations. es C x x x x sent K x CONSENT CALENDAR: tion The following items were approved by one motion affirming es x the actions on the Consent Calendar: x x x x sent x 1. The following ordinances were introduced and passed to second reading on April 12, 1976: (a) Proposed Ordinance No. 1661, being, AN ORDINANCE Alarms OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 0 -1661 5.49 OF THE NEWPORT BEACH MUNICIPAL CODE DEALING WITH ALARM BUSINESS, ALARM AGENTS AND ALARM SYSTEMS. (Report from the Police Chief) (b) Proposed Ordinance No. 1662, being, AN ORDINANCE Building OF THE CITY OF NEWPORT BEACH AMENDING SECTION Excise 13.12.060 OF THE NEWPORT BEACH MUNICIPAL CODE Tax RELATING TO EXEMPTIONS IN CONNECTION WITH THE 0 -1662 PROPERTY DEVELOPMENT TAX. (Report from the City Attorney) 2. The following resolutions were adopted; • (a) Resolution No. 8729 awarding a contract to Storm Clarke Construction Company for storm drain and Drain & street improvements at Finley Avenue from St. Impr/ Newport Boulevard to 34th Street, 1975 -76 - Finley Av Contract No. 1668. (Report from Public Works Director) Volume 30 - Page f4 ROLL • 1� [ 1 F COUNCILMEN March 22, 1976 MINUTES INDEX (b) Resolution No. 8730 designating an intersection Stop at which vehicles are required to stop and Signs directing the Traffic Engineer to erect neces- R -8730 sary stop signs (Rutland Road and Mariners Drive). (Report from the Public Works Depart- went) (c) Resolution No. 8731 authorizing the execution of Newport Is. an agreement between the City and the County in Dredging connection with maintenance dredging of portion R -8731 of West Newport Channels adjacent to Newport Island. (Report from the Public Works Director) (d) Resolution No. 8732 authorizing execution of an Crude agreement between the City and Kern County 011 Refining Corporation for the purchase of crude R -8732 oil, and authorizing the termination of the existing agreement between the City and Golden Eagle Refining Company, Inc. (Report from the Assistant to the City Manager) 3. The following communications were referred as in- dicated: (a) To staff for reply, letter from Rex Brandt Landscaping requesting the City require contractors to Replace - replace trees and landscaping when it is neces= ments sary to remove them to construct public improve- ments. (Exhibit) (b) Removed'from Consent Calendar. (c) To staff for reply, letter from C. P. Avery Litter complaining about the trash in the unpaved parking lot on the west side of the Balboa Market at 608 E. Balboa Boulevard. (Exhibit) (d) To Traffic Affairs Committee for report back, Traffic/ letter from the Corona del Mar Chamber of Parking Commerce to Mayor McInnis stating their position on traffic and parking within the City and requesting professional input as well as offer- ing to provide manpower to serve on a task force. (Exhibit) (e) To staff for report back, letter from the Balboa Balboa Angling Club regarding the unusual silting Angling situation in and around their docks which will Club require the removal of two barge loads of Dredging material at a cost of approximately $1,000 and requesting the City's help in financing the project. (Exhibit) (f) Removed from Consent Calendar. (g) To the Bicentennial Committee for reply, Bicenten- invitation from the City of Cypress to a Birth- nial day Party complete with balloons which will include a Special All Cities race with hot air balloons on May 9. (Exhibit) (h) Removed from Consent Calendar. Volume 30 - Page 65 :"Jl COUNCILMEN aop0$ s$aRO�$A�a� v_ —_t nn inlc MINUTES INDEX .l I.H LL w r [ w � w v ruai cu cc, c�iv (i) To Pending Legislation Committee, a resolution of Fixed the City of Costa Mesa opposing the proposed Guideways ballot measure pertaining to the diversion of motor vehicle fuel taxes for fixed guideway purposes, and giving reasons therefor. (Exhibit) (j) To staff for reply, letter to Mayor McInnis from Dunes Little Island Property Owners Association pro- Aquatic testing any expansion of the Dunes Aquatic Park. Park (Exhibit) (k) To staff for reply, letter from Dawn Taylor re- Lighting garding burglaries and the lack of proper lighting Iris Av in the area around 719 Iris Avenue in Corona del CdM Mar and requesting that lights be installed in the area. (Attached with copy of note from the Utilities Superintendent) (1) To staff for reply, letter from the State Office Oil Well of Planning and Research regarding a federal grant Drilling/ to facilitate planning for the onshore impacts Offshore associated with Outer Continental Shelf (OCS) oil exploration and development and related workshops. (Exhibit) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter to Mayor McInnis from California Anti- Litter League regarding May as "Anti- Litter Month." (Exhibit) (b) Copy of letter to the Board of Directors of the Orange County Sanitation District No. 2 from Dale T. Chaput, Councilman of Yorba Linda challenging the legality of the resolution authorizing salarie and expenses and requesting that the Sanitation District void the action taken on their Resolution) 76 -12 -2. (Exhibit) (c) Notice of Hearing before the Public Utilities Commission on the investigation on the Commis- sion's own motion into the Planning, Construction, Operations, Practices, Aesthetics, and Economics of Overhead and Underground Transmission Facilities of all Electric Public Utilities in the State of California. (d) A resolution of the City Council of the City of Santa Ana requesting the Board of Supervisors of Orange County to establish a county service area in the entire unincorporated area of the county. (e) Agenda of Board of Supervisor's meetings held March 9, 10, 16 and 17, 1976. S. The following claims were denied and the Acting City Claims Clerk's referral to the insurance carrier was confirmed: (a) Subrogation claim of Mutual Insurance Adjusting Mutual Tn. Co. for claim paid by them to John McGowan through McGowan Government Employees Insurance Company for damage Volume 30 - Page 66 COUNCILMEN \C0\\OA o o0m� MINUTES LL CALL pm$Z�c a a�w March 22, 1976 iNOEX . to Mr. McGowan's house on January 8, 1976, al- legedly due to flooding resulting from installa- tion of a temporary water line by City forces. (b) Claim of Robert Mendez for personal injuries Mendez allegedly sustained when he was requested to help the Newport Beach Fire Department put out a fire and in the process was injured at 118 East Ocean Front on January 1, 1976. (c) Claim of John H. Leach II alleging police brutal- Leach ity while in jail in connection with his arrest on December 3, 1975 at 870 Santa Barbara Drive, Newport Beach. (d) Claim of Florence Sandler for personal injuries Sandler allegedly sustained while she was a passenger in an automobile which was involved in an accident at the intersection of Bristol and Campus on Decem- ber 5, 1975, allegedly due to the malfunction of a traffic signal. (e) Claim of Betty Maria Winkes for damages sustained Winkes on March 9, 1976 when she and her sister sat on a freshly painted bench on Marine Avenue, Balboa Island, because allegedly a City employee had removed the sign too soon and their slacks were • ruined. (f) Summons and Complaint of Michael Kent Secor for Secor Personal Injuries, Case No. 24 -23 -87 in the Orange County Superior Court, incurred when he was allegedly struck by a City vehicle at 23rd Street and Newport Boulevard July 22, 1975. l(g) Summons and Complaint of Thomas R. Mockett, a Mockett minor, by and through his Guardian ad Litem, Claudette Mockett, and William A. Mockett, for Personal Injuries, Case No. 242447 in the Orange County Superior Court alleging wrongful arrest and injuries. 16. The City Attorney's referral of the following claim to the County Counsel and for authorization of the County Counsel to appear and defend the interest of the City of Newport Beach in this proceeding was confirmed: (a) Summons and Complaint of Gordon C. Vaughn for Vaughn Refund of Taxes Paid Under Protest, Case No. 242299 in Orange County Superior Court. (Report from City Attorney) 7. The following request to fill personnel vacancies was approved: (Report from the City Manager) (a) One Police Officer in the Police Department to i fill a position now vacant. 8. The following staff, commission and committee reports were received and ordered filed: (a) Memorandum from Parks, Beaches and Recreation San Joaquii Commission regarding the tennis court reservation Hills Park Volume 30 - Page 67 -.OLL • U t� COUNCILMEN CITY OF MINUTES INDEX system at San Joaquin Hills Park. (Exhibit) (b) Memorandum from the Bicycle Trails Citizens Bicycle Advisory Committee regarding the resolution of Trail. the City of La Mirada in connection with the Markings color of pavement markings used to designate official bicycle lanes and trails. (Exhibit) (c) Letter dated March 11, 1976 from the Community Building Development Department to the Bluffs Homeowners' Permits Association regarding the issuance of building permits in their common areas. (Exhibit) 9. The following matters were set for public hearing: On April 12, 1976: (a) Tentative Map of Tract No. 8725 (Amended) - Tract 8725 A request by the City of Newport Beach to . amend Condition -No. 8 of Tentative Map No. 8725 so as to increase the size of the play area proposed at the northeast corner of El Capitan Drive and Spyglass Hill Road from one -half acre to approximately one acre and to decrease the size of the proposed park site at the southeast corner of Spyglass Hill Road and New MacArthur Boulevard from 6 acres to approxi- mately 5 -1/4 acres; zoned P -C. (Report from the Community Development Department) On April 26, 1976: (b) Ambulance Rates - Requests of Schaefer's Ambulance Ambulance Service and Seal's Ambulance,Service Rates to increase their rates. (Exhibits) (c) Removed from Consent Calendar. (d) Removed from.Consent Calendar. 10. The staff was authorized to retain an appraiser to Balboa Blvd. determine the fair market value of 3510 -3520 West Widening Balboa Boulevard (Lot 2, Lake Tract, Newport Beach). (Report from the Public Works Director) 11. The Acting City Clerk was authorized to attend the Ninth Biennial City Clerks' Institute of the League of California Cities in Monterey, California on April 28 -30, 1976. 12. Councilman Barrett's expense account for attendance at the Southern California Association of Governments Task Force in Washington, D. C. on March 10 and 11, 1976 was approved. 13. The following Budget Amendments were approved: BA -59, $400.00 transfer of Budget Appropriations for Upppr Newport Bay Ecological Reserve Model, from Unappropriated Contingency Reserve to Nondepartmental, Services -Prof Tech, etc., General Fund Volume 30 - Page 68 e i COUNCILMEN MINUTES vp )LL CALL m •� v S c a N "* `"a a A m March 22, 1976 INDEX BA -60, $1,365.86 transfer for reimbursement to Water Fund in accordance with the Water System Development Fund Reimbursement Agreement, from Water Services Development Fund to Water Fund. BA -61, $4,200.00 transfer of Budget appropriations for groundwater study along bluff along Backbay Drive in vicinity of Tract 7166, from Unappropriated Contin- gency Reserve to Nondepartmental, Services -Prof Tech, etc., General Fund. (Report from the Public Works Director) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Herbert C. Estes suggesting that some Energy type of solar heating be required in all new buildings Conservatioi Motion x was referred to the Environmental Quality Control Ayes x x x Citizens Advisory Committee. Absent x 2. A letter from Dr. Kenneth D. Litwack regarding Pollution/ adverse effects of air and noise pollution to Hwy Corrid., residents along highway corridors and requesting Corridors a guideline for "sufficient corridor width" be i part of the criteria for the selection of routes Motion x was referred to the Transportation Plan Citizens Ayes xlx x x I Advisory Committee and to the Environmental Quality Absent x Control Citizens Advisory Committee for reports back. 3. A resolution of the City of Westminster was pre- 'Bilingual sented requesting the Federal Voting Rights Act Election of 1975 be amended to eliminate the requirement Material Ii for bilingual voting materials. I iResolution No. 8733, requesting that the Federal R -8733 Motion x Voting Rights Act of 1975 be amended to eliminate the Ayes x x x x. requirement for bilingual voting materials, was Absent I adopted. 4. Reports were presented from the Public Works Director Alley Impry regarding alley improvement in Block 331, Lancaster's Balboa Addition, Contract 1753, and alley improvement in Peninsula Block 3, East Newport, Contract 1753. Motion x Ayes C x x x These matters were continued to April 12, 1976. Absent K x ADDITIONAL BUSINESS: Motion x I 1. The Mayor was directed to write a letter to the Orange Ayes C x x x1X Board of Supervisors encouraging authorization of an County Absent ix opinion survey relative to Orange County Airport and Airport suggesting that the survey be conducted by a research agency independent of Daniel, Mann, Johnson and Mendenhall. Motion X I I2. Resolution No. 8734, expressing the City's opposition SB 1579 A x x x to Senate Bill 1579, the California Coastal Plan, R -8734 No x was adopted. Absent 3. A report was presented from the City Attorney regard- Oil Well ing the status of the Outer Continental Shelf Oil Drilling lease litigation. Offshore Volume 30 - Page 69 COUNCILMEN MINUTES ROLL CALL s+m=�v� N * A�� March 22 1976 INDEX M(, x Ay x x x x N The staff was directed to continue with the litiga- Absent x I tion through the Motion for Partial Summary Judgment. Motion x 4. The Mayor was directed to send a telegram to the Senate Ayes x x x 2 Committee on Natural Resources and Wildlife expressing Absent x 31 the City's support of SB 1631 which would appropriate $1,100,000 from the General Fund to the Department of Fish and Game for expenditure without regard to fiscal years for the development of the coastal wet- lands in Upper Newport Bay. 5. A report was presented from the Public Works Depart- ment regarding SCAG 208 Areawide Planning Agency for South Coast Area. Motion x The Mayor was directed to send a letter stating that Ayes x x x x the City is in general agreement with the planning Absent K x approach and supports the concept of sub - contracting with NIWA (Newport -Irvine Waste Management Planning Agency) to prepare the subarea water quality plan. 6. A report was presented from the City Manager regarding purchase of 1.04 acre parcel of State property in the Mariners Mile area. Motion Ix The staff was authorized to submit a bid on March 30 on the parcel of property that is 230'+- east of Tustin and north of Pacific Coast Highway. in Newport Beach. Vice Mayor Dostal asked that the motion be amended to stipulate that the funds for the purchase of the property would come from the Off- street Parking Fund, which amendment was accepted by the maker of the motion. Ayes x x x x A vote was taken on Councilman Barrett's motion, Absent C x which motion carried. The meeting was adjourned at 11:45 P.M. after a minute of silence in memory of City Clerk Laura Lagios and of civic leader Theo Robins. I Mayor ATTEST: Acting City C rk Volume 30 - Page 70