HomeMy WebLinkAbout09/12/1977 - Regular MeetingCOUNCILMEN
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ROLL CAL
CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: September 12, 1977
MINUTES
Present
x
x
x
x
x
x
Roll Call.
Absent
x
son
x
The reading of the Minutes of the Regular Meeting of
Ayes
x
x
x
x
x
x
August 22, 1977 was waived, and said Minutes were
Absent
x
approved as written and ordered filed.
Motion
x
The reading in full of all ordinances and resolutions
Ayes
x
x
x
x
x
x
under consideration was waived, and the City Clerk was
Absent
x
directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the continued public hearing
General
regarding the proposed Amendment No. 77 -2 to
Plan
the Newport Beach General Plan, consisting
(673)
of the following parts, and acceptance of a
Negative Declaration:
77 -2 -A: A proposed amendment to the Land Use and
Residential Growth Elements to:
a) change the definition of "buildable
acreage," b) create a new density
category of "High- Density Residential- -
Greater Than 10 Dwelling Units per
Acre," and c) change the wording of the
texts as appropriate.
77 -2 -B: A proposed amendment to the Land Use and
Residential Growth Elements resulting
•
from the study of constraints on growth
in terms of capacity of support systems
directed by the City Council on March 14,
1977.
77 -2 -D A proposed amendment to the Land Use
Element, Residential Growth Element and
Recreation and Open Space Element to
change the designation of the MWD
Reservoir site and adjacent property in
the Spyglass Hill area deleting the
"Governmental, Educational and Institu-
tional Facilities" designation, and
rearranging the "Recreational and
Environmental Open Space' and "Residen-
tial" designations.
77 -2 -E: A proposed amendment to the Recreation
and Open Space Element to: a) reflect
the increase in park dedication require-
ments from two to five acres per thousand
population (resulting from the City
Council's adoption of the "Atherton
Initiative Ordinance" on April 25,
1977), b) update the number and acreages
of existing public parks, and c) delete
reference to excise tax dollar amounts.
•
i
Volume 31 - Page 228
CITY OF NEWPORT BEACH
COUNCILMEN
pp� � yPL �GF �n
P
Cp�yy
ROLL CALL September 12, 1977
MINUTES
I NDE X
ce
ter
ch-
A report was presented from the Environmental
Quality Control Citizens Advisory Committee.
•
A report was presented from the City Attorney.
Motion
x
The hearing was continued to September 19.
Ayes
x
x
x
x
x
x
Absent
x
2. Mayor Dostal opened the continued public hearing
Sundan
regarding the reconsideration of acceptance of
Drive
Sundance Drive in Tract No. 7989 (Newport Terrace)
(2380)
as a public street.
A report was presented from the City Manager.
A letter was presented from Stuart M. Parker,
attorney for Newport Terrace Condominium
Association, requesting a continuance until
October 11.
A letter was presented from Welton & Company
requesting the Council to accept Sundance Drive as
a public street.
The following people addressed the Council and
opposed acceptance of the dedication of Sundance
Drive as a public street and /or urging continuance
of the matter to allow further negotiations:
Stuart Parker, attorney representing Newport
•
Terrace Condominium Association; Cecil Ramphal;
Horst Weiler; Chanceford Mounce, President of the
Newport Terrace Condominium Association; Steve
St. Clair; Glen Campbell; Rick Hoff; Don Lucas
and Chris Robillard.
Darrell Starnes, Vice President of Welton &
Company,addressed the Council and urged accept-
ance of the offer of dedication of Sundance Drive.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
that no one else desired to be heard.
Absent
x
Motion
x
Resolution No. 9178, rescinding the rejection of
R -917f
Ayes
x
x
x
x
x
x
the offer of dedication for Sundance Drive and
Absent
x
accepting the offer of dedication of Sundance
Drive in Tract 7989, was adopted.
3. Mayor Dostal opened the public hearing regarding
Counci
the appeals of Bob Anderson, Stephen G. Oppenheim,
Policy
Ruth E. Cox, Mr. and Mrs. Verne T. Hedrick, Mr.
Edgewa
and Mrs. Steve Morrill, Dr. and Mrs. H. Novey, Mr.
Encroe
and Mrs. Malcolm Redmond, Mr. and Mrs. Lester
mente
Kilpatrick and Mr, and Mrs. Ted Schnack, from the
(430F)
decision of the City Attorney requiring removal of
certain encroachments into the public right -of -way
in violation of Council Policy L -7, "Encroachments
•
and Bay Access on Buena Vista Boulevard- Edgewater
Avenue between Bay Avenue and Fernando Street."
Volume 31 - Page 229
ce
ter
ch-
CITY OF NEWPORT BEACH
COUNCILMEN
\y0 4 9 00
q4 %.A
ROLL CALL
September 12, 1977
MINUTES
_INDEX
District
Map 9
0 -1750
1319)
A report was presented from the City Attorney.
A letter from Verne and Betty Hart was presented
•
protesting the encroachments into public property
and protesting the reconsideration of the matter.
A letter from Thomas L. Woodruff, attorney
representing Mr. and Mrs. Ted Schnack, Mr. and Mrs.
Lester Kilpatrick, Mr. and Mrs. Malcolm Redmond,
Dr. and Mrs. H. Novey, Mr. and Mrs. Steve Morrill
and Mr. and Mrs. Verne T. Hedrick, was presented
stating the basis of their appeal.
Thomas L. Woodruff, attorney representing six of
the nine appellants, addressed the Council and
presented a letter requesting continuance to
October 25.
Lester L. Kilpatrick addressed the Council and
urged continuance.
The following people addressed the Council and
opposed continuance: Gary Lovell, a member of the
Parks, Beaches and Recreation Commission and of the
subcommittee that looked into the encroachment
situation; Bill Walker; Mrs. Harold Mansur and
Dean Cordell.
Motion
x
The request for continuance was denied.
Ayes
x
x
x
x
x
x
�nt
x
Gary Lovell addressed the Council regarding the
appeals and stated the reasons for granting the
temporary encroachment permits on Buena Vista.
Motion
x
Tom Woodruff, attorney representing six of the
Ayes
x
x
x
x
x
x
nine appellants, addressed the Council and was
Absent
x
granted ten minutes for his presentation.
Steve Morrill addressed the Council regarding the
property line on his property.
Marion Mansur addressed the Council opposing the
fencing of public right -of -way.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
that no one else desired to be heard.
Absent
x
Motion
x
Council Policy L -7 was reaffirmed, and the City
Ayes
x
x
x
x
x
x
Attorney's Notice of Decision dated July 29, 1977
Absent
x
was upheld.
4. Mayor Dostal opened the public hearing regarding
proposed Ordinance No. 1750, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING A PORTION OF DISTRICTING MAP NO. 9
TO RECLASSIFY FROM THE "R -2" DISTRICT TO THE
"R -3" DISTRICT CERTAIN PROPERTY LOCATED AT
19TH STREET ON THE BALBOA PENINSULA,
i
Volume 31 - Page 230
_INDEX
District
Map 9
0 -1750
1319)
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
90 yO��t !G \n
�'F �A F� SLy
ROLL CALL \ September 12, 1977 timcv
Planning Commission Amendment No. 499, a request
initiated by 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.
AND
Public hearing regarding the Tentative Map of
Tract
Tract No. 10017, a request of Jerry Shoffner
10017
Co., Newport Beach, to establish one lot where
(15F)
five lots now exist to permit the construction
of a seven unit residential condominium project
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; zoned R -2.
Reports were presented from the Community
Development Department.
Jim Plou, one of the owners of the property
involved, addressed the Council and stated he was
present to answer any questions.
Dr. Gene Atherton addressed the Council regarding
application of the recent park initiative
ordinance and the extent to which it applies.
n
x
The hearing was closed after it was determined
x
x
x
x
x
x
that no one else desired to be heard.
Absent
x
Motion
x
Ordinance No. 1750 was adopted as recommended by
Ayes
x
x
x
x
x
the Planning Commission.
Noes
x
Absent
x
Motion
x
The Tentative Map of Tract No. 10017 was approved,
Ayes
x
x
x
x
x
incorporating by reference the findings and
Noes
x
conditions recommended by the Planning Commission.
Absent
x
5. Mayor Dostal opened the public hearing regarding
Parking
proposed Ordinance No. 1751, being,
RequirF._,
0 -1751
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(32F)
AMENDING SECTION 20.42.045 OF TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
PARKING REQUIREMENTS IN THE M -1 -A DISTRICT,
Planning Commission Amendment No. 497, a request
initiated by the City of Newport Beach.
A report was presented from the Community Develop-
x
ment Department.
Mb�ion
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
that no one desired to be heard.
Absent
x
i
Volume 31 - Page 231
COUNCILMEN
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8`,9� y'i'p��y� y
ROLL CALL s \
CITY OF NEWPORT BEACH
September 12. 1977
MINUTES
1VDEX
Ling
Dr
rium
19th
Motion
x
Ordinance No. 1751 was adopted as recommended by
Ayes
x
x
x
x
x
x
the Planning Commission.
Absent
x
•
6. Mayor Dostal opened the public hearing regarding
Prezor
proposed Ordinance No. 1749, being,
Surre}
0 -1745
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(2759)
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 unincorporated territory of Orange
County to the R -1 -B District, property located at
4700 Surrey Drive, zoned A -1.
A report was presented from the Community
Development Department.
Mayor Pro Tem Barrett stepped down from the
Council table due to a possible conflict of
interest.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
that no one desired to be heard.
Absent
x
x
x
Ordinance No. 1749 was adopted as recommended by
Sion
s
x
x
x
x
x
the Planning Commission.
Absent
x
x
Mayor Pro Tem Barrett resumed his seat at the
Council table.
CONTINUED BUSINESS:
Motion
x
1. Consideration of the proposed election for a
Moratc
Ayes
x
x
x
x
x
x
building moratorium was postponed to September 19.
(673)
Absent
x'
2. Consideration of a proposal to direct the Planning
Motion
x
Commission to review the General Plan density
Ayes
x
x
x
x
x
x
designations and the supporting systems, including
Absent
x
the circulation capacities, was postponed to
September 19.
3. A report was presented from the City Manager
Bay AN
regarding the resubdivision of City -owned
betwn
property on Bay Avenue between 18th and 19th.
18th F
(1341)
Pearl Straub, one of the lessees, and Norma
Graham, representing Mrs. Fulton, the other
lessee, addressed the Council regarding their
desire to purchase the property.
•
Bobby Lovell, President of the Central Newport
Beach Community Association, addressed the Council
and urged the City to retain the property for
open space.
i
Volume 31 - Page 232
Ling
Dr
rium
19th
CITY OF NEWPORT BEACH
COUNCILMEN
�0 q �0
�� 94i
ROLL CALL �\ \ September 12, 1977
MINUTES
_INDEX= ,_
Conflicts
of
Interest
(430F)
Bicycle
Trails
CAC
(205F)
Litter
Control
CAC
(2046)
Ensign
Vw Park
(1294)
Russ Fluter addressed the Council and opposed open
space use for the property.
on
x
Councilman Ryckoff made a motion to direct that the
property be appraised to obtain the fair market
value with the cost of appraisal being shared by
the current lessees and the City, and that sale of
the parcels be negotiated with the lessees having
the first right of refusal.
Mayor Pro Tem Barrett asked that the motion be
amended to give consideration to placing the
money from the sale of the property into
improvements in the Central Newport area, which
amendment was accepted by the maker of the
motion.
Ayes
x
x
x
x
x
A vote was taken on Councilman Ryckoff's amended
Noes
x
motion, which motion carried.
Absent
x
4. A report was presented from the Pending Legislation
and Procedural Ethics Committee regarding an
amendment concerning conflicts of interest to
Council Policy A -4.
Council Policy A -4, "Board and Commission Appoint-
ments," was amended as recommended by the
Pending Legislation and Procedural Ethics Committee
with all applications presently on file for at
least six months grandfathered in; it was
on
x
directed that the new Application for Appointive
Ayes
x
x
x
x
x
x
Position form be implemented; and the amended
Absent
x
Council Policy A -4 was referred to the Council
Appointments Committee.
5. Appointments to Citizens Advisory Committees:
Motion
x
(District 2) Councilman McInnis' appointment of
Ayes
x
x
x
x
x
x
Gunter C. Mayer as a member of the Bicycle Trails
Absent
x
Citizens Advisory Committee to fill the unexpired
term of Duane C. Black ending December 31, 1977
was confirmed.
Motion
x
(District 5) Councilman Ryckoff's appointment of
Ayes
x
x
x
x
x
x
Matt Colesworthy as a member of the Litter
Absent
x
Control Citizens Advisory Committee to fill the
unexpired term of Dolores Miller ending
December 31, 1977 was confirmed.
6. A report was presented from the Parks, Beaches and
Recreation Director regarding methods of funding
the Ensign View Community Building Improvements.
Motion
x
The staff was directed to prepare a Budget Amend -
Ayes
x
x
x
x
x
ment in the amount of $20,950, with $5,000 being
Noes
x
appropriated from Parks, Beaches and Recreation
Ant
x
Funds and $15,950 from Building Excise Tax Funds.
i
Volume 31 - Page 233
_INDEX= ,_
Conflicts
of
Interest
(430F)
Bicycle
Trails
CAC
(205F)
Litter
Control
CAC
(2046)
Ensign
Vw Park
(1294)
COUNCIL
LL CALL
•
Motion
Ayes x
Absent
x
x x x x x
x
Motion x
Ayes x x x x x x
Absent x
•
Motion x
Ayes x x x x x x
Absent x
*on x
Ayes x x x x x x
Absent x
CITY OF NEWPORT BEACH
MINUTES
September 12, 1977
CURRENT BUSINESS:
1. A report was presented from the Public Works Street
Department regarding parking restrictions for the Cleaning
purpose of street cleaning operations on certain (639F)
streets.
The following resolutions were adopted:
Resolution No. 9179 establishing parking R -9179
restrictions from 8:30 a.m. to 12:30 p.m.
on 29th Street (between Balboa Boulevard
and Newport Boulevard) for the purpose of
street cleaning.
Resolution No. 9180 establishing parking R -9180
restrictions from 8:30 a.m, to 12:30 p.m.
on 30th Street (between Balboa Boulevard
and Newport Boulevard) for the purpose of
street cleaning.
Resolution No. 9181 establishing parking R -9181
restrictions from 8:30 a.m. to 12:30 p.m.
on Avocado Avenue for the purpose of
street cleaning.
2. Resolution No. 9182, officially designating United
September 19, 1977 through September 30, 1977 as a Fund
special time for observing and contributing to R -9182
the worthwhile efforts of the United Way, was (1218)
adopted.
3. A letter from Silver & Wells, Attorneys at Law, Budget
was presented regarding the Newport Beach Fire (764)
Fighters Association wage and hour negotiations
for the 1977 -78 fiscal year.
A report was presented from the Assistant to the
City Manager.
Sam Wells, attorney with Silver & Wells, represent-
ing the Fire Fighters Association addressed the
Council.
The staff was directed to prepare a Memorandum of
Understanding incorporating the proposals of the
Fire Fighters Association to be brought back to
Council on September 19 which would include the
"2% at age 50" formula for getting retirement
benefits based on the last three years average
salaries, and the across- the -board 5% salary
increase for a period of time which was given to
the sworn Police employees.
4. A report was presented from the Public Works Curb Cut/
Director regarding the application of James Crystal Av
Petrini for a curb cut on Crystal Avenue for 1611 I (2775)
Balboa Avenue, Balboa Island.
The application for a curb cut was approved.
Volume 31 - Page 234
Co
Moon x
Ayes x x x x x x
Absent x
Motion 1x1xHxHJ
A es x x
Absent
Motion x
Ayes x x x x x x
*t x
Motion x
Ayes x x x
Noes x
Absent
Motion x
Ayes x x x x
Absent
is
Ix
CITY OF NEWPORT BEACH
MINUTES
September 12__ 1977
5. A letter from Shirley Wilson was presented resign-
ing from the City Arts Commission due to circum-
stances which will make demands on her time.
Mrs. Wilson's resignation was accepted with regret
(to become effective November 1, 1977); the City
Clerk was directed to prepare a Certificate of
Appreciation; and the appointment of a member to
fill the unexpired term ending June 30, 1978 was
postponed to November 14.
6. A letter from Gwendolyn Felton was presented
resigning from the Community Development Citizens
Advisory Committee due to an incapacitating
accident.
Mrs. Felton's resignation was accepted with regret;
the City Clerk was directed to prepare a Certificat
of Appreciation; and (District 2) Councilman
McInnis' appointment of a member to fill the
unexpired term ending December 31, 1977 was
postponed to October 25.
7. A letter from Herman Basmaciyan was presented
resigning from the Transportation Plan Citizens
Advisory Committee due to a possible conflict of
interest.
Mr. Basmaciyan's resignation was accepted with
regret; the City Clerk was directed to prepare a
Certificate of Appreciation; and (District 4)
Mayor Dostal 's appointment of a member to fill
the unexpired term ending December 31, 1977 was
postponed to September 19.
8. A letter from Patty Anderson was presented request-
ing refund of the $10.00 dog license fee she paid
for a dog which had to be returned to the pound.
The request for refund was denied.
CALENDAR:
The following items were approved by one motion affirm -
x ing the actions on the Consent Calendar.
1. The following resolutions were adopted:
(a) Resolution No. 9183 approving the application
for grant funds under the Roberti- Z'Berg
Urban Open -Space and Recreation Program. (A
report from the Parks, Beaches and Recreation
Director attached)
(b) Removed from the Consent Calendar.
Volume 31 - Page 235
City Arts
Comsn
(120F)
Com Dev
CAC
(2127)
Trans Plan
CAC
(960)
Animal
Control
(862F)
Open Space
Grant Funds
R -9183
(2640)
CITY OF NEWPORT BEACH
COUNCILMEN
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anti coil September 12, 1977
MINUTES
and
f
rt
and
1,
said
1,
to
(ch
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;age
,ing
idum
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r and
3
ich
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ort
_INDEX__
Marinapark
R -9184
(209)
Weed
Abatement
R -9185
(150)
Budget
R -9186
(764)
Off -Site
Parking/
Inter-
national
Bay Clubs
R -9187
Record
Destrucci•=
R -9188
(1200)
Harbor
Pollution
R -9189
(1388)
Ensign
Vw Park
(1294)
Complaints
(600)
(c) Resolution No. 9184 authorizing the May03
City Clerk to execute a Consent to Sale c
mobilehome and trailer space in Newport
•
Marinapark (Mathisen and Hersh). (A rep(
from the City Attorney attached)
(d) Resolution No. 9185 declaring that weeds
other public nuisances exist upon street:
alleys, sidewalks, parkways, and private
property within the City, declaring that
weeds and public nuisances must be abate(
setting the time and place for a public
hearing at which the City Council will
consider protests from persons objecting
the proposed destruction or removal of s(
public nuisances by the City, and direct:
the Fire Chief to give notice of the pas+
of this resolution and of the public hex
set for September 19. 1977.
(e) Resolution No. 9186 approving the Memorx
of Understanding negotiated by represent
tives of the Newport Beach Police Employ
Association and the City representative.
(f) Resolution No. 9187 authorizing the Mayo
City Clerk to execute an Off -Site Parkin
Agreement between the City of Newport Be
and International Bay Clubs, Inc., Newpo
•
Beach. (A report from the Community Dev
ment Department attached)
(g) Resolution No. 9188 approving and author
the destruction of certain records of th
Planning Commission meetings maintained
the Community Development Department.
report from the Community Development
Department attached)
(h) Resolution No. 9189 awarding a contract
G. M. Boston & Associates in connection
the harbor debris clean -up program. (A
report from the Marine Department attach
2. The following communications were referred as
indicated:
(a) To staff for reply, a letter from the PT
Board of Corona del Mar High School oppc
renovating the Baptist Church on Cliff T
for community use, and suggesting a use
the building as it stands. (Copies mail
Council)
(b) To staff for reply, a letter from Charle
Marcia Bergh regarding an experience the
daughters had while at the beach in Newl
when their car was towed away. (Copiee
•
mailed to Council)
i
Volume 31 - Page 236
MINUTES
and
f
rt
and
1,
said
1,
to
(ch
Lng
;age
,ing
idum
.e's
r and
3
ich
rt
elop-
izing
e
by
A
to
with
ed)
A
sing
rive
for
ed to
a and
it
ort
_INDEX__
Marinapark
R -9184
(209)
Weed
Abatement
R -9185
(150)
Budget
R -9186
(764)
Off -Site
Parking/
Inter-
national
Bay Clubs
R -9187
Record
Destrucci•=
R -9188
(1200)
Harbor
Pollution
R -9189
(1388)
Ensign
Vw Park
(1294)
Complaints
(600)
CITY OF NEWPORT BEACH
COUNCILMEN
00
�PS\FSy
F"ps 9?'p�,.\9�
ROLL CALL �\ \L September 12, 1977
MINUTES
INDEX
(c) To staff for reply, a letter from C. P. Avery
Street
suggesting no- parking restrictions for street
Cleaning
cleaning be arranged for Balboa Boulevard on
(639F)
•
two different days of the week, so that
cleaning could be done close to the curbs.
At present there is a great deal of litter
that collects under the cars since some are
not moved for days at a time. (Copies mailed
to Council)
(d) To staff for report back, a letter from the
Parking/
Corona del Mar Chamber of Commerce requesting
City -owned
that in order to provide for off - street
Lot on Be)
parking, the City -owned lot on Bayslde Drive
side Dr
between Jasmine Avenue and the alley adjacent
(2777)
to the Bayside entrance to the United Califor-
nia Bank be black- topped. (Copies mailed to
Council)
(e) To Pending Legislation and Procedural Ethics
Electric
Committee, a resolution from the City of San
Generating
Diego relative to Assembly Bill 1852, an act
Plant
to repeal Section 25524.1 of the Public
(1370)
Resources Code relating to Nuclear Power
plants. (Copies mailed to Council)
(f) To staff for reply, a letter from the City of
Youth Adv
Concord regarding possible Youth Commissions
Comsn
and their activities in the City of Newport
(558)
Beach. (Copies mailed to Council)
•
(g) To staff for reply, a letter from Helen M.
Complaint:
Kieron opposing construction schedules and
(600)
morning construction noises on Saturdays and
Sundays as allowed by the Municipal Code.
(Copies mailed to Council)
(h) To staff for inclusion in on -going study, a
Central
letter from Clyde R. Groetzinger regarding
Npt Prkg
the crowded beaches and the effect more
(2745)
parking would have on the over - crowded beach
areas. (Attached)
W To Technical Oil Advisory Committee, a letter
Oil
to Mayor Dostal from Richard L. Franck
Drilling
enclosing a conv of a letter to Councilwoman
(106)
Weider of Huntington Beach protesting the
Channel Oil Drilling Platforms proposed by
Shell Oil Company which will be visible from
Huntington Beach, Newport Beach and Laguna
Beach. (Copies mailed to Council)
(j) To Harry Bubb, the City's representative to
OrCo
the Orange County Health Planning Council, a
Health
letter from the Health Planning Council
Planning
calling for nominations for Assembly at -large
Council
positions and Board of Directors for the
(1830)
•
Health Planning Council. (Copies mailed to
Council)
(k) To staff for report back, a letter to Mayor
Handi__nn
Dostal from the City of Fountain Valley
(1476)
i
Volume 31 - Page 237
CITY OF NEWPORT BEACH
COUNCILMEN
9 \ F y
ROLL CALL \ \ September 12, 1977
MINUTES
_INDEX_,
Water
(576)
(2592)
(1893)
(20)
(2346)
(2745)
(2561)
(2561)
(2046)
relative to the installation of parking
facilities for the physically handicapped,
and requesting cooperation in establishing
standard installations throughout Orange
County. (Attached)
(1) To the Water Committee, a copy of a letter to
the Board of Directors of the Coastal Munici-
pal Water District from the Tri- Cities
Municipal Water District regarding the
Coastal surcharge of $200 /AF of water use for
the fiscal year ending 6 -30 -78 to all member
agencies. (Attached)
3. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) A letter from the City of Bishop expressing
their gratitude and thanks to the citizens of
Newport Beach and the Council for the furnish -'
ings from the former Council Chambers.
(Copies mailed to Council)
(b) A letter from Mr. and Mrs. Paul Jennings
expressing their appreciation for the fine
work done by the Paramedic crew in an emer-
gency situation involving Mrs. Jennings.
(Copies mailed to Council)
(c) A letter from Esthmer H. Skinner regarding an
•
article in the Pilot about Chief of Police
Gross. (Copies mailed to Council)
(d) A letter from the Orange.County Fair Housing
Council regarding the costs involved in the
development and publication of a Fair Housing
Journal to demonstrate affirmative action in
the promotion of fair housing policies and
practices. (Copies mailed to Council)
(e) A postcard from J. Goss regarding the agree-
ment with Wilbur Smith and Associates for the
preparation of parking needs in the Central
Newport area. (Copies mailed to Council)
(f) A resolution from the City of Villa Park
urging the enactment of legislation that
would require proof of financial responsi-
bility prior to the issuance of a vehicle
registration.
(g) A resolution from the City of Costa Mesa
opposing the enactment of legislation that
would require proof of financial responsi-
bility prior to the issuance of a vehicle
registration. (Copies mailed to Council)
(h) A resolution from the City of Brea requesting
•
the Orange County Board of Supervisors to
provide sufficient funds in the 1977 -78
i
Volume 31 - Page 238
_INDEX_,
Water
(576)
(2592)
(1893)
(20)
(2346)
(2745)
(2561)
(2561)
(2046)
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
\� 9 OO
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ROLL CALL September 12, 1977 INDEX
budget for purchase of badly needed rolling
equipment at solid waste - trash - transfer
•
stations and county landfills.
(i) The Orange County Newsletter from the
(20)
National Women's Political Caucus. (Copies
mailed to Council)
(j) Notice before the Public Utilities Commission
(20)
in the matter of the application of Southern
California Gas Company to increase revenues
to offset the requirements of long -term
storage.
(k) Notice before the Public Utilities Commission
(20)
in the matter of the application of Contin-
ental Trailways and American Buslines to
increase fares and express charges.
(1) Agenda for Board of Supervisors meetings held
(20)
on August 23. 24, 25, 30 and 31, 1977.
(m) A letter to the City Attorney from Ronald
(1429)
Cordova thanking him for advising the City's
position on Senate Bill 792 providing for new
grants and reimbursements to public
libraries. (Attached)
(n) A letter from Hugh Hutson opposing the jet
(195)
flights from Orange County Airport. (Copies
•
mailed to Council)
(o) A letter from the Southern California Edison
(2763)
Company advising that the development shown
on the final map of Tract 548 will not
reasonably interfere with any of the ease-
ments held by Southern California Edison.
(Copies mailed to Council)
(p) A memorandum from the National League of
(2530)
Cities regarding the conference on Policy
Leadership in Fire Protection to be held in
St. Louis on October 24 -26, 1977. (Copies
mailed to Council)
(q) Removed from the Consent Calendar.
4. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Canyon Crest Estates Homeowners
Canyon
Association for damage to the resident
Crest Es
entrance gate arm on their property on
HO Assn
July 15, 1977, allegedly caused by a Newport
(2761)
Beach Police patrol car.
(b) Claim of Daneen DeVinna for impoundment fees
DeVinna
of $7.00 incurred when a Newport Beach police
(2769)
officer allegedly forgot to turn in her car
keys and she was unable to claim her car
after her arrest on August 18, 1977.
i
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COUNCILMEN
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September 12, 1977
INDEX
(c) Claim of Karen Anne Grimm for damages to her
Grimm
car on July 30, 1977, at the corner of
(2770)
Pacific Coast Highway and Orange Street in
Newport Beach, alleging negligence on the
part of the City due to a malfunctioning
traffic light.
(d) Subrogation claim of Mercury Insurance Group
Sieniecki
in connection with a claim by their insured,
(2771)
Phillip Ja Sieniecki for personal injuries
and damages to Mr. Sieniecki's car as well as
personal injuries to the passenger in his
car. The accident occurred on July 30, 1977
at the corner of Pacific Coast Highway and
Orange Street in Newport Beach allegedly due
to a malfunctioning traffic light.
(e) Claim of Mary Louise Speed for personal
Speed
injuries as a result of a fall on Balboa
(2772)
Island at the corner of Opal Avenue and Park
Avenue on June 11, 1977, allegedly due to the
design of the sidewalk by the City and lack
of signs warning of a dangerous situation.
(f) Claim of Frederick Sutherland, 717 Balboa
Sutherland
Boulevard, for property loss incurred when
(2773)
the City trash men allegedly picked up a
Whirlpool washing machine, three scaffold
planks, four antique swivel chair seats and
one 50- gallon drum on or about July 15, 1977.
(g) Claim of Roy Tomsen (a minor) for personal
Tomsen
injuries allegedly sustained on May 30, 1977,
(2774)
on the Newport Pier when his foot was run
over by a Newport Beach City -owned dump
truck.
5. The City Clerk's referral of the following to the
insurance carrier was confirmed:
(a) Summons and Complaint of Margaret Jayne
Hodgson
Hodgson for personal injuries, Case No.
(2685)
272564 in the Orange County Superior Court.
The original claim was for personal injuries
sustained when she tripped and fell while
using the public streets, walkways and
sidewalks in the area of 406 -1/2 Via Lido
Nord on or about February 17, 1977.
(b) Complaint in Intervention of James M. Taylor
Taylor
for damages and personal injuries, Case No.
(2517)
26 -76 -41 in the Orange County Superior Court.
The original claim was for personal injuries
received when a meter hole cover in the
parkway near Flagship Road gave way.
6. The following request to fill personnel vacancies
(12O3F)
was approved: (A report from the City Manager
attached)
(a) One Police Officer in the Police Department
to fill a position now vacant.
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MINUTES
September 12, 1977 INDEX
(b) One Tree Trimmer in the Parks, Beaches and
Recreation Department to fill a position now
vacant.
(c) One Police Clerk I in the Police Department
to fill a position now vacant.
7. The following staff reports were received and
ordered filed:
(a) A report
from the City
Attorney regarding
OrCo Airpt
National
Jet Industries - Sublease. (Attached)
(195)
(b) A report
from the City
Attorney regarding
Upper
Governmental Immunity
- Upper Bay Ecological
Npt Bay
Reserve.
(Attached)
(355)
8. The expense account of Mayor Dostal in the amount Expense
of $59.90, for attendance at the meeting of the Account
Environmental Quality Control Committee of the
League of California Cities in Oakland on August 25
1977, was approved.
9. The appointment
of Ely Merchant, to act on behalf
American
of the City in
selling the
remaining copies of the
Revolution
second edition
of "Newport
Beach Heritage and
Bicen-
Horizons" for a
commission
of $.50 per copy sold,
tennial
was approved.
(1839)
10. The following budget amendments were approved:
BA -17, $5,450.00 increase in Budget Appropriations
and increase in Revenue Estimates, additional
contributions from State of California for con-
struction of improvements in Cliff Drive Park,
from Unappropriated Surplus to Improvements -Cliff
Drive Park, Park and Recreation Fund.
BA -18, $24,980.00 increase in Budget Appropriations
and increase in Revenue Estimates, contribution
from Comprehensive Employment and Training Act and
purchase of office and automotive equipment for
various departments, General Fund.
BA -19, Removed from the Consent Calendar.
BA -20, $85,000.00 increase in Budget Appropriations
and decrease in Unappropriated Surplus to Remodel
City Hall, General Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Community Develop- I Zoning
ment Department regarding the categorical (687)
exclusion for single - family and duplex residential
developments in the Coastal Zone in the City of
Newport Beach.
Resolution No. 9190, accepting and agreeing to the
terms and conditions of the categorical exclusion
for single - family and duplex residential develop-
ments in the Coastal Zone in the City of Newport
Beach, was adopted.
Volume 31 - Page 241
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL �� \ __ September 12, 1977
Motion x
Ayes x x x x x x
Absent x
Motion
Ayes x x
Noes
Absent
Motion
Ayes x x
Absent
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x x x
x
x
x
x x x x
x
MINUTES
2. A report was presented from the Community Develop-
ment Department forwarding recommendation of the
Planning Commission that the City Council proceed
with appropriate action to close up unused curb
cuts in order to restore on- street parking in
Corona del Mar.
The staff was directed to take the appropriate
action to close the unused curb cuts in Corona del
Mar with the proviso that individuals whose curb
cuts are to be closed may appeal to Council if they
have a grievance.
3. BA -19, $18,900.00 increase in Budget Appropriations
for a parking needs and economic feasibility study
for Central Newport from Reserve for Off- Street,
Parking Meter Fund to Community Development,
Services - Professional, Technical, etc., General
Fund, was approved.
At 10:55 p.m. the meeting was ordered adjourned to
7:30 p.m. on September 19, 1977.
ATTEST:
Volume 31 - Page 242
Mayor
INDEX
Curb
Cuts
(687)