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HomeMy WebLinkAbout08/22/1977 - Regular MeetingCOUNCILMEN �c \ v °0� A< 16 3c F �.p f� °� Rni 1 rni i CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: August 22, 1977 Present x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of �on x August 8, 1977 was waived, and said Minutes were Ayes x x x x x x x approved as written and ordered filed. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk Ayes x x x x x x x was directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing regarding Ri the use of Federal Revenue Sharing Funds. S] C A report was presented from the City Manager. William Eilers, representing the Newport Center Association, addressed the Council and supported the use of Federal Revenue Sharing Funds for library purposes. 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 use of $419,000 of Federal Revenue Sharing Motion x Funds for library purposes was approved, and the Ayes x x x x x x x staff was directed to prepare the appropriate Budget Amendment. • 2. Mayor Dostal opened the public hearing regarding S the reconsideration of acceptance of Sundance D Drive in Tract No. 7989 (Newport Terrace) as a public street. A report was presented from the Public Works Director. Motion x The hearing was continued to September 12. Ayes x x x x x x x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1747, being, P 0 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, was presented for second reading. Motion x Ordinance No. 1747 was adopted. Ayes x x x x x x x 2. Ordinance No. 1748, being, S C • AN ORDINANCE OF THE CITY OF NEWPORT BEACH f AMENDING CHAPTER 12.62 OF THE NEWPORT BEACH MUNICIPAL CODE BY AMENDING SECTION 12.62.010 C Volume 31 - Page 213 . INDEX :venue caring .159) indance rive 1380) ERS. -1747 517) treet losure/ rkg Proh 300 6 440F) -1748 COUNCILMEN � pp 9 ®p tp ani i rAl i August 22, 1977 MINUTES _INDEX .conderoga :rest 587) antral :wport Lrking .strict :745) 9167 fidget F64) AND ADDING SECTION 12.62.050 DEALING WITH _ TEMPORARY STREET CLOSURE AND AMENDING • SECTION 12.40.120 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING OBSTRUCTING PARKING SPACES, was presented for second reading. Motion x Ordinance No. 1748 was adopted. Ayes x x x x x x x CONTINUED BUSINESS: 1. A report was presented from the City Manager T: regarding the vacation of Ticonderoga Street. S1 C The subject was postponed to October 25, and the Motion x staff was directed to report back at an earlier Ayes x x x x x x x date if possible. 2. A report was presented from the City Manager Co concerning matters related to the formation of a Ni Central Newport Parking District. P1 D: The following people addressed the Council in C support of the proposed Parking Needs and Economic Feasibility Study: John Zaremba, MilbettiBrey, Bill Burrell of Wilbur Smith and Associates and Bill Frederickson. • Senior Planner David Dmohowski gave a brief staff report. Motion X Councilman Ryckoff made a motion to refer the Ayes x x issue back to the Committee for a resubmission Noes to the people involved (including the Cannery x x x x x ._ Village and Lido Village areas) and than back to Council, which motion failed to carry. Motion x Resolution No. 9167, authorizing the Mayor and R_ Ayes x x x x x City Clerk to execute an agreement between the Noes City of Newport Beach and Wilbur Smith and x x Associates for the preparation of a "Parking Needs and Economic Feasibility Study for the Central Newport Area," was adopted. 3. A report was presented from the Assistant to the BI City Manager regarding the latest meeting with C the Police Employee's Association. Sergeant Jim Gardner of the Police Employee's Association addressed the Council. Motion x The staff was directed to prepare a Memorandum Ayes x x x x of Understanding containing new employment Noes x x x conditions as spelled out by the Police Employee's Association in their letter of August 15, 1977. • Councilman Ryckoff asked that the following statement be included in the record: Volume 31 - Page 214 _INDEX .conderoga :rest 587) antral :wport Lrking .strict :745) 9167 fidget F64) C MT OF NF.VPORY BEACH COUNCILMEN 9 �\ �\y ani i rei i \ Aueust 22. 1977 MINUTES INDEX inflict of iterest '622) LTV 0. Lbrary 1030) ax Rate 333) -9168 "I can't support the re- opening of wages and benefits as requested by the Police Employee's Association because I believe it • is not in the beet interests of the City or the Police Association. "Negotiations did occur and resulted in impasses, as you know, and the Council is now taking a step with which I disagree. There is questionable benefit to the younger members of the Department, and I believe this matter could have been better handled with more equity for all concerned." 4. A verbal report was presented from the Pending Ci Legislation and Ethics Committee regarding the current standards, guidelines, rules and regula- Ii tions dealing with conflict of interest. C Motion x The staff was directed to prepare the necessary Ayes x x x x x x x documents to update Council Policy A -4 and the Application for Appointive Positions for presenta- tion at the next meeting. 5. A report was presented from the City Manager G regarding the request by the Eastbluff Home- owners Association for an acceleration of the adopted cable television installation schedule. Jack Keating, President of the Eastbluff Home- • owners Community Associationp addressed the Council and asked that the Council consider some means for speeding the cable television installa- tion schedule. Motion x The staff was directed to investigate the Ayes x x x x x x x possibility of an accelerated installation schedule for this area with various cablevision companies and report back at the second meeting in September. 6. A report was presented from the Public Works L Director regarding the proposed Newport Center Branch Library, Contract No. 1861. Spencer Covert, President of the Board of Library Trustees, addressed the Council and urged approval of the plans and specifications. The plans and specifications for the Newport Motion x Center Branch Library were approved; and the Ayes x x x x x x x City Clerk was authorized to advertise for bids to be opened at 2 :30 P.M. on October 14, 1977. CURRENT BUSINESS: 1. A report was presented from the City Manager T regarding the 1977 -78 property tax rate. Councilman Ryckoff made a motion to adopt A Resolution No. 9168 fixing the tax rate and Volume 31 - Page 215 INDEX inflict of iterest '622) LTV 0. Lbrary 1030) ax Rate 333) -9168 r ICY 0 0 F ii NC F"C?R COUNCILMEN \LL\\O'P < ROLL A \ August 22, 1977 MINUTES INDEX levying a tax upon all of the taxable property within the City of Newport Beach which is taxable • therein for municipal purposes and levying a special assessment tax of $.0261 upon the taxable property located within Assessment District No. 50 (Balboa Island Street Lighting District); and setting the tax rate at $1.03 per hundred dollars . of assessed valuation. Motion x Mayor Dostal made a motion to amend Resolution Ayes x x x No. 9168 to set the tax rate at $1.02 per hundred Noes x x x x dollars of assessed valuation, which motion failed to carry. Ayes x x x x x x x A vote was taken on Councilman Ryckoff's motion, which motion carried. 2. The application of Michael D. Ray was presented Curb Cut/ for a curb cut at 408 Hazel Drive, Corona del Mar. 408 Hazel (2746) A report was presented from the Public Works Director. Michael Ray, applicant, addressed the Council and read a letter from Dr. Wayne Davis expressing agreement with the request for the curb cut since alley access would affect the parking area behind his small animal hospital. ion x The request for a curb cut at 408 Hazel Drive was s x x x x x x x approved. 3. Letters were presented opposing and /or appealing Council Council Policy L -7 "Encroachments and Bay Access Policy on Buena Vista Boulevard- Edgewater Avenue between (430F) Bay Avenue and Fernando Street" from Bob Anderson, Stephen G. Oppenheim, Lester L. Kilpatrick, Ruth E. Cox, Theodore S. Schnack and an appeal by Attorney Tom Woodruff, representing Mr. and Mrs. Verne T. Hedrick, Mr. and Mrs. Steve Morrill, Dr. H. and Mrs. Novey, Mr. and Mrs. Malcolm Redmond, Mr. and Mrs. Lester Kilpatrick and Mr. and Mrs. Ted Schnack. A report was presented from the City Attorney. Dean Cordell addressed the Council and asked that the Council Policy be enforced. Motion x The appeals regarding Council Policy L -7 were set Ayes x x x x x x x for public hearing on September 12, 1977. 4. The application of G & W Towing Company was Police presented for consideration as a third Police Tow Truck Official Tow Truck Service for Newport Beach. Service (1663) Motion x Mayor Dostal made a motion to refer the applica- tion to the Police Department for report back at the second meeting in September regarding the advisability of adding another tow truck service. Volume 31 - Page 216 COUNCILMEN y Oo A ROLL CS $ 2 in August 22, 1977 MINUTES WG Lvw Councilman Ryckoff asked that the motion be amended to state that if there were no second meeting in September, the item should be brought back to the first meeting in October, which amendment was accepted by the maker of the motion. Ayes x x x x x x x A vote was taken on Mayor Dostal's amended motion, which motion carried. 5. A report was presented from the Parks, Beaches Spyglass and Recreation Director regarding the deletion of Hill Pasec the paseo system in the Spyglass Hill area. System (2175) Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. Motion x A check was accepted from John D. Lusk & Son in Ayes x x x x x x the amount of $167,000 relieving that company Noes x from all responsibility for installation of a paseo system on San Joaquin Hills Road between Spyglass Hill Road and E1 Capitan, and on E1 Capitan between San Joaquin Hills Road and the Irvine Pacific development; and the staff was directed to allocate the funds in compliance with the recommendation of the Parks, Beaches and Recreation Director as follows: (a) Development of Spyglass Hill Park $53,300 (b) Construction of sidewalks on San Joaquin Hills Road and E1 Capitan • to occur at some future date 60,000 (c) A reserve for other projects in Spyglass Hill to be approved by the City and Association. 53,800 $167,100 6. A report was presented from the Community Develop- Urban ment Department regarding the "Urban Development Deve7ogm «; Strategy for California" and possible City Strategy response to proposals contained therein. (2757) Motion x Resolution No. 9169, opposing adoption of the R -9169 Ayes x x x x x x x draft report entitled, "Urban Development Strategy for California," was adopted. 7. A letter from the Litter Control Citizens Advisory Litter CAI Committee was presented regarding the resignation (2046) of Dolores Miller. Motion x The resignation of Dolores Miller was accepted Ayes x x x x x x x with regret; the City Clerk was directed to prepare a Certificate of Appreciation and post the Notice of Vacancy; and (District 5) Councilman Ryckoff's appointment of a member to fill the unexpired term of Dolores Miller ending Decem- ber 31, 1977 was postponed to September 12. 8. A report was presented from the Community Develop- Agrii_-j±1--:_ ment Department with recommendations from the Land (2758) Volume 31 - Page 217 MY OF NEWPORT BEACH COUNCILMEN yp pp p��,c �G\p cF�� bS,Q��.��2y y$ /if1 Roll C ®II \ \ August 22, 1977 MINUTES ___ _INDEX Air Trans Reform Act (195) Adjourned Council Meeting League Calif Citi-- (2526) Prezoning 0 -1749 (2759) Environmental Quality Control Citizens Advisory Com- mittee regarding support and input to the Board of Supervisors for the preservation of prime agri- cultural land. A letter from the Environmental Coalition of Orange County was presented urging support for the preservation of prime agricultural land. Motion x It was directed that a letter be sent to the Ayes x x x x x x x Board of Supervisors expressing the City's support for the preservation of prime agricultural land. 9. A report was presented from the Community Develop- ment Department with recommendations from the Environmental Quality Control Citizens Advisory Committee regarding the "Air Transportation Regulatory Reform Act of 1977." Motion x The staff was directed to prepare a letter for Ayes x x x x x x x the Mayor's signature opposing the "automatic market entry11 provisions in the proposed legis- lation and, in lieu of these relaxed provisions, retain the present procedural steps now required of the Civil Aeronautics Board so that local input must be considered in the determination if new route authority would be in the best public interest. x 10. The staff was directed to prepare an Order of �tion es x x x x x x x Adjournment for the Council meeting of September 12 establishing September 19 to replace the Septem- ber 26 Council meeting. 11. A letter from the League of California Cities was presented asking that a voting representative and an alternate be designated for the Annual Confer- ence in San Francisco. Motion x Mayor Dostal was appointed as the voting repre- Ayes x x x x x x x sentative and Mayor Pro Tem Barrett as the alternate. CONSENT CALENDAR: Motion x The following items were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar. 1. The following ordinances were introduced and set for public hearing on September 12, 1977: (a) Proposed Ordinance No. 1749, being, AN ORDINANCE OF THE CITY.OF NEWPORT BEACH PREZONING UNINCORPORATED TERRITORY LOCATED ON THE NORTHERLY SIDE OF SURREY DRIVE IN CAMEO HIGHLANDS, IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment • No. 498, a request initiated by Robert Shelton, Newport Beach, to prezone unincorpo- rated territory of Orange County to the R -1 -B Volume 31 - Page 218 ___ _INDEX Air Trans Reform Act (195) Adjourned Council Meeting League Calif Citi-- (2526) Prezoning 0 -1749 (2759) COUNCILMEN 'Ao �� y o0 A �G 0 cFAS \'P on, i rAi i August 22, 1977 MINUTES INDEX _ District, property located at 4700 Surrey Drive; zoned A -1. (Attached with a report from the Community Development Department) (b) Proposed Ordinance No. 1750, being, AN Distri ORDINANCE OF THE CITY OF NEWPORT BEACH Map Nc AMENDING A PORTION OF DISTRICTING MAP NO. 9 0 -175( TO RECLASSIFY FROM THE "R -2" DISTRICT TO THE (1319) "R -3" DISTRICT CERTAIN PROPERTY LOCATED AT 19TH STREET ON THE BALBOA PENINSULA, Planning Commission Amendment No. 499, a request initiated by the Jerry Shoffner Co., Newport Beach; property located at 207 - 209- 211 -213 and 215 - 19th Street, on the westerly side of 19th Street between West Balboa Boulevard and West Bay Avenue on the Balboa Peninsula. (Attached with a report from the Community Development Department) (c) Proposed Ordinance No. 1751, being, AN Parkix ORDINANCE OF THE CITY OF NEWPORT BEACH Rpnui, AMENDING SECTION 20.42.045 OF TITLE 20 OF 0 -1751 THE NEWPORT BEACH MUNICIPAL CODE PERTAINING (32F) TO PARKING REQUIREMENTS IN THE M -1 -A DISTRICT, Planning Commission Amendment No. 497, a request initiated by the City of Newport Beach. (Attached with a report from the Community Development Department) 2. The following resolutions were adopted: (a) Resolution No. 9170 authorizing the Mayor Off -s: and City Clerk to execute an off -site parking Prkg /. agreement between the City of Newport Beach Evans and Julius V. Evans for the expansion of an R -9171 existing commercial building located at 3331 (2760, and 3337 East Coast Highway, Corona del Mar. (A report from the Community Development Department attached) (b) Resolution No. 9171 authorizing the Mayor Off -s and City Clerk to execute an off -site parking Prkg /, agreement between the City of Newport Beach Slocu and the Minney Family Trust for the . R -917 restaurant, Josh Slocum's,located at 2601 (2761 West Coast Highway. (A report from the Community Development Department attached) (c) Resolution No. 9172 awarding a contract to Seal Ted R. Jenkins for the 1977 -78 Seal Coat Progr Program (Contract No. 1941). (A report from R -917 the Public Works Director attached) (2762 (d) Resolution No. 9173 approving the Parcel Map Resub for Resubdivision No. 548 and accepting the R -917 offer of dedication of an easement for (2763 sidewalk and public utilities and vehicular access rights to Bristol Street North. (A • report from the Public Works Director attached) Volume 31 - Page 219 COUNCILMEN 9p 9AO0 �GF pi� :?LL CALL _ \__ E • • August 22, 1977 3 MINUTES (e) Resolution No. 9174 authorizing the Mayor and City Clerk to execute a subdivision agreement between the City of Newport Beach and the Irvine Industrial Complex (Resub No. 548). (f) Resolution No. 9175 authorizing the Mayor and City Clerk to execute Program Supplement No. 1 to Local Agency -State Agreement No. 07 -5151 covering FAU funding for the Coast Highway -Dover Drive Improvements and the Upper'Newport Bay Bridge Replacement. (A report from the Public Works Department attached) (g) Resolution No. 9176 authorizing the execution of an amendment to the Declaration of Covenants, Conditions and Restrictions of Tract 4692 (Park Lido) and authorizing the Director of Community Development to consent to future proposed amendments providing the amendments do not in any way prejudice or reduce the City's rights under the Declara- tion of Covenants, Conditions and Restriction£ (A report from the Assistant City Attorney attached) The following communications were referred as indicated: (a) To staff, a letter from Mr. and Mrs. E. P. Benson enclosing a newspaper clipping regarding tourist litter. (Copies mailed to Council) (b) To staff for reply, a letter from Helen A. Anderson regarding the conditions on the Corona del Mar State Beach and enclosing a copy of a letter she sent to the State Lands Commission. (Copies mailed to Council) (c) To staff for reply, a letter from the Public Health and Medical Services Department of Orange County advising that there are new options that can be made to our Health Services Agreement with the County. (Copies mailed to Council) (d) To the Pending Legislation and Ethics Committee, a letter from the City of Long Beach requesting support of their City's resolution on the subject of No -fault Auto Insurance. (Copies mailed to Council) (e) To the City's representative to the Orange County Division of the League of California Cities, two letters from the City of Cypress urging support of their candidates for League positions - Councilwoman Sonia Sonju to serve on the Orange County Regional Park Study Committee, and Councilwoman Alice Volume 31 - Page 220 Ti`[IT:" Resub 548 R -9174 (2763) FAD Trans Projects R -9175 (2743) Tract 4692 R -9176 (15F) Anti- Litter (2046) CdM State. & City Bch Park (630) Orco Health Services (789) No -fault Auto Ins (1429) OrCo Div League Calif Cities (2529) COUNCILMEN s ROLL CALL s August 22, 1977 MINUTES I`01WA MacLain as 1st Vice President of the Orange County League of Cities. (Copies mailed to • Council) (f) To Traffic Affairs Committee, a report from Bus Stop. the Community Development Department with Benches the recommendation from the Community (2764) Development Citizens Advisory Committee regarding the placement of benches at bus . stops in the City, where appropriate. (Attached) (g) To staff for report back regarding methods Ensign Vw of funding, a report from the Parks, Beaches Park and Recreation Commission and the City Arts (1294) Commisssion regarding the proposed uses of Ensign View Park Community Building and related budget. (Attached) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A copy of a letter to the Daily Pilot from Burke Harrington about landscaping the City property along Ocean Boulevard and Inspiration Point. (Copies mailed to Council) (600) (b) A letter from Patricia Gilchrist offering encouragement to the Parks, Beaches and • . Recreation Commission for their ideas to renovate the Cliff Drive church property for use as a cultural center. (Copies mailed to (1294) Council) (c) A copy of a letter to the Public Works Director from the Irvine Coast Country Club regarding their efforts to conserve water. (Copies mailed to Council) . (1817) (d) A resolution from the City of Huntington Beach urging the enactment of legislation requiring proof of financial responsibility prior to the issuance of a driver's license. (2561) (e) A resolution of the City of Seal Beach requesting the Orange County Board of Supervisors to provide sufficient funds in the 1977 -78 budget for purchase of badly needed rolling equipment at solid waste - trash - transfer stations and county land- (2046) fills. (f) A letter to Mayor Dostal from the Office of the Attorney General regarding three public hearings to be scheduled for this fall in connection with problems surrounding the employment of older persons in California. (2765) • (Attached) (g) A letter to Mayor Dostal from Supervisor Thomas P. Riley confirming the County's Volume 31 - Page 221 COUNCILMEN A 9 �O 9< �G pi0 00 �f 9 �r\ Fps 9�9�A�t o6 y ys `� \ August 22, 1977 ROLL C ®LL \ MINUTES INDEX financial assistance to the City's lifeguard (272) service. (Attached) (h) A letter to Mayor Dostal from the Orange County Division of the League of California Cities thanking Council for nominating Richard Spooner for a League commission appointment. (Attached) (2527) M A letter from the League of California Cities acknowedging receipt of a check for the League's headquarters office building project. (Copies mailed to Council) (2526) (j) A monthly statistical report from the Orange County Fair Housing Council. (Copies mailed (20) to Council) (k) A resolution from the Newport- Irvine Waste- . Management Agency adopting its budget for the fiscal year 1977/78. (Copies mailed to (355) Council) (1) Agenda of the Board of Supervisors meetings of August 9, 10, 16 and 17, 1977. (20) (m) A letter from the City of Garden Grove regarding the assessment formula for the membership dues for the Orange County League of Cities and stating they are withholding their dues until a more favorable formula is adopted. (Copies mailed to Council) (2529) (n) A letter from the Litter Control Citizens Advisory Committee regarding additional trash pick -up and additional cans on the beaches. (Attached) (2046) 5. The following claims were denied and the City. Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Judith C. Johnson for damage to her Johnson property at 2912 Broad Street on August 6, (2747) 1977 when her front door was allegedly damaged by a Police Officer in the per- formance of his duty. (b) Claim of Philip C. Emmons for damage to his Emmons car allegedly sustained on July 31, 1977 at (2748) 48th Street and Seashore when he collided with a City police car that was backing,into Seashore Drive. (c) Claim of O'Connell Landscape Maintenance for O'Connell damage to the sprinkler line and grass at Landscape the corner of Wild Goose and Intrepid in the Mx:nr. :A- Newport Crest Development on July 28, 1977 (2749) allegedly caused when a Citv trash truck ran over the curb. Volume 31 - Page 222 1pil:�Iniiii,!Ei III: N17, YR COUNCILMEN �Jsp� y � A p �t c P � Fy 2 F,gs %���9� ROLL CALL \ August 22, 1977 MINUTES INDEX an (d) Claim of Joanne Snyder, on behalf of herself Snyder and her daughter, Diane Snyder (a minor), (2750) for personal injuries sustained on July 12, 1977 on the grounds of the Ensign Middle School while watching a girls' softball game. She was sitting in the spectator area and a player, allegedly out of the area where she belonged, was swinging a bat and struck Diane in the head. (e) Claim of Laura Mohr for damage to her Mohr automobile, allegedly incurred when she was (2751) negotiating a turn into Albertson' Super- market on Coast Highway on July 18, 1977 and was struck by a City of Newport Beach trash truck. (f) Claim of Kevin Beard for towing and storage Beard charges and for monetary lose incurred in (2752) taking time off from his work to pick up his car, alleging the car was towed away without due notice. (g) Claim of Lori Mullan (a minor) by Jack Mullan Mullan for personal injuries sustained when 2753) she was in an automobile accident on April 22, 1977 at the extension of Bristol Street connecting Jamboree Boulevard and MacArthur Boulevard, alleging faulty design of the roadway, absence of adequate lighting and. insufficient warning of an approaching curve. (h) Claim of Helena Herdsman for personal Hardem injuries sustained on July 4, 1977 at 27th (2754) Street and West Ocean Front. The claim is without information as to how the injuries were incurred. (i) Claim of Vera Dupanic for damage to her car Dupani allegedly sustained when it was struck by a (2755) City fire truck at the.intersection of Jamboree Road and San Joaquin on June 15, 1977. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of Florence Sandler for Sandle Personal Injuries, Case No. 251108 in the (2331) Orange County Superior Court. The original claim was for personal injuries sustained in an accident at the intersection of Bristol and Campus due to the alleged malfunction of a traffic signal. (b) Summons and Complaint of Esther Sandler Sandle Rayden for Personal Injuries, Case No. (2326) 251107 in the Orange County Superior Court. The original claim was for personal injuries i Volume 31 - Page 223 an COUNCILMEN �O pA INA. ROLL CALL \ August 22, 1977 MINUTES 1NnFY sustained in an accident at the intersection of Bristol and Campus due to the alleged malfunction of a traffic signal. (c) Summons on Cross - Complaint of Ricardo R. Mendoza Mendoza (a minor) by Christine Mendoza for (2503) personal injuries, Case No. 267 405 in the Orange County Superior Court. The original claim was for injuries received when Ricardo was playing in a Harbor Area Baseball game and was hit in the eye. 7. The following claim was denied: (a) Application for Permission to File Late Claim Kaufman of Abra Kaufman in connection with an accident (2756) which occurred on September 22, 1976 at the intersection of Irvine Avenue and Anniversary . Lane, alleging City liability is involved. 8. The following request to fill personnel vacancies (12O3F) was approved: (A report from the City Manager attached) (a) One Librarian II in the Library Department to fill a position to be vacant. (b) One Police Officer in the Police Department to fill a position now vacant. (c) One Police Clerk I in the Police Department to fill a postion now vacant. 9. The following staff reports were received and ordered filed: (a) A memorandum from the Community Development Planning Department stating that the Planning Commis- Comsn sion has elected Jacqueline E. Heather as _ (53OF) Chairman, William Frederickson, Jr, as 1st Vice Chairman, George Cokas as 2nd Vice Chairman, and Paul L. Balalis as Secretary for the fiscal year 1977 -78. (Attached) (b) A report to the City Manager from the Fire Fire Chief regarding the complaint of Mr. Mautz Hazard regarding a fire hazard on Court Street. (2727) (Attached) 10. The following matter was set for public hearing on September 12, 1977: (a) Tentative Map of Tract No. 10017, a request Tract of Jerry Shoffner Co., Newport Beach, to 10017 establish one lot where five lots now exist so as to permit the construction of a seven unit residential condominium project. Property located at 207 - 209 - 211 -213 and 215 - • 19th Street, on the westerly side of 19th i Volume 31 - Page 224 COUNCILMEN �0��< �G ;i August 22, 1977 m ROLL CALL • 0 �J MINUTES Street between West Balboa Boulevard and West Bay Avenue on the Balboa Peninsula; zoned R -2. (A report from the Community Development Department attached) 11. The plans and specifications for Jamboree Road J Resurfacing, San Joaquin Hills Road to Ford Road, R Contract No. 1971, were approved; and the City R Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on September 13, 1977. (A report from the Public Works Director attached) 12. The plans and specifications for Spyglass Hill S Park Improvements, Contract No. 1970, were H approved; and the City Clerk was authorized to advertise for bids to be opened at 2:30 P.M. on September 13, 1977. (A report from the Public Works Director attached) 13. The plans and specifications for Bayside Drive F Park Improvements, Contract No. 1910, were F approved; and the City Clerk was authorized to advertise for bids to be opened at 2:30 P.M. on September 28, 1977, (A report from the Public Works Director attached) 14. The work on the Site Improvements - 16th Street 7 Utility Storage Yard, Contract No. 1905, was I accepted; and the City Clerk was authorized to ; file a Notice of Completion and to release the I bonds 35 days after the Notice of Completion has i been filed. (A report from the Public Works Director attached) 15. The work on the Traffic Signal at Balboa Boulevard I and Main Street, Contract No. 1895, was accepted; i and the City Clerk was authorized to file a Notice ; of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Department attached) 16. Removed from the Consent Calendar. 17. The following Harbor Permit Applications were 1 approved subject to the conditions listed in the staff report: (a) 11114- 224-by Elizabeth Vincent Collier to construct a new concrete bulkhead at 1124 Harbor Island. (A report from the Marine Department attached) (b) 11225 -1210 transfer from Leland Bolin to Nellie Reeves at 1210 S. Bay Front, Balboa Island. (A report from the Marine Department attached) 18. The following maintenance dredging harbor permits were approved, subject to the conditions of approval under the blanket maintenance permit issued by the Corps of Engineers: 11110 -1104, Alice Walter, 1104 E. Balboa Boulevard; 11110 -1218, Sarah Gregory, 1218 E. Balboa Boulevard; 11161 -603, Fred Wood, 603 North Bay Front. (A report from the Marine Department attached) i Volume 31 - Page 225 COUNCILMEN 90 �p 4'c+ Z c ! 9\ Fg \yi August 22, 1977 MINUTES INDEX 19. The following budget amendments were approved: (18F) BA -14, $3,300.00 transfer of Budget Appropriations • for lease of calculator with larger capacity, rather than purchase of one with a smaller capacity, from Community Development- Office Equipment to Community Development - Rental of Property and Equipment and Services -Prof, Technical Etc., General Fund. BA -15, $3,520.00 increase in Budget Appropriations and decrease in Unappropriated Surplus for additional funds for purchase of folding chairs, to Senior Citizen, Furniture and Fixtures, Park and Recreation Fund. BA -16, $100.00 increase in Budget Appropriations and increase in Revenue Estimates for field trip to Catalina for California Sunshine People - donation from California Association for Neuro- logically Handicapped Children, from Unappropriated Surplus to P.B. &R. - Recreation - Self Supporting, Services - Professional Technical, etc., Park and Recreation Fund. (A report from the Parks, Beaches and Recreation Director attached) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works West Npt Director regarding the West Newport Park improve - Park • ments, the Seashore Drive improvements from 100 (499) feet easterly of 55th Street to Summit, Contract No. 1767. Mayor Dostal stepped down from the Council table due to a possible conflict of interest. Motion x The work was accepted; and the City Clerk was Ayes x x x x x x authorized to file a Notice of Completion and to Absent x release the bonds 35 days after Notice of Comple- tion has been filed. The Council also accepted the work and appurtenances constructed by National Environmental Systems, Inc. associated with the restroom structures located in the Park, and the City Clerk was authorized to file a Notice of Completion in connection therewith. Mayor Dostal resumed his seat at the Council table. Charles Mautz addressed the Council and stated he had Fire wanted to discuss Item H -7(b) regarding the fire hazard Hazard on Court Street on the Consent Calendar but had not (2727) understood how he was to do so. Motion x Item H -7(b) on the Consent Calendar, a report to the Ayes x x x x x x x City Manager from the Fire Chief regarding the complaint of Mr. Mautz regarding a fire hazard on Court Street which had been ordered filed, was reconsidered. • Volume 31 - Page 226 HIM COUNCILMEN �� �� 9 �O �A LG �C c C e\ S 2 i 9 t^�s 0 y Sys any i cei i A August 22, 1977 MINUTES f the report of the Fire antes in which to read it would continue with the hen return to this item. Tem Barrett, the City ew the decision of the roving Resubdivision No. s of land for single family where a portion of one lot located at 647 Irvine and the matter was set for mber 19, 1977. opting an official map of Bacon Bay, was adopted. d the Council and stated did not allay, his concern to his property. that she meet with Mr. e attorney's office at a saisfactory. Mr. Mautz ful. rding a fire hazard on ed. eting adjourned at C S� 31� Page 227 Mayor INDEX Resub 556 (2767) Beacon Bay R -9177 (25F) Fire Hazard (2727) Mr. Mautz was given a copy o Chief and asked for a few mi the report. It was agreed that the Counc Additional Business items, t ADDITIONAL BUSINESS: Motion x 1. On motion of Mayor Pro Ayes x x x x x x x Council elected to revi Planning Commission app 556 creating two parcel residential development now exists on property Avenue, Newport Beach, public hearing on Septe Motion x 2. Resolution No. 9177, ad Ayes x x x x x x x East Side Addition to B Charles Mautz again addresse that the Fire Chief's report about a possible fire hazard Councilman Rogers suggested Mautz and his neighbor in tt time which would be mutually felt this would be very he1F on x The Fire Chief's report rege yes x x x x x x x Court Street was ordered fi] Mayor Dostal declared the mt 10:30 P.M. ATTEST: L� W,4�4 7P1 City Cler gg ` W� E. Vo MINUTES f the report of the Fire antes in which to read it would continue with the hen return to this item. Tem Barrett, the City ew the decision of the roving Resubdivision No. s of land for single family where a portion of one lot located at 647 Irvine and the matter was set for mber 19, 1977. opting an official map of Bacon Bay, was adopted. d the Council and stated did not allay, his concern to his property. that she meet with Mr. e attorney's office at a saisfactory. Mr. Mautz ful. rding a fire hazard on ed. eting adjourned at C S� 31� Page 227 Mayor INDEX Resub 556 (2767) Beacon Bay R -9177 (25F) Fire Hazard (2727)