HomeMy WebLinkAbout10/11/1977 - Regular MeetingCOUNCILMEN
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers.
Time: 7:30 P.M.
Date: October 11, 1977
MINUTES
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Present
x
x
x
x
x
x
Roll Call.
�t
x
The reading of the Minutes of the Regular Meeting of
Motion
x
September 12 and of the Adjourned Meeting of September 19
Ayes
x
x
x
x
x
x
1977 was waived, and said Minutes were approved as
Absent
x
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.
A
HEARINGS:
1. Mayor Dostal opened the continued public hearing
Ackerman
regarding the appeal by Dr. Carl Ackerman from the
Appeal
decision of the Planning Commission on May 5, 1977
(2703)
which denied Dr. Ackerman's appeal and sustained
the action of the Modifications Committee regarding
a request for alterations to an existing dwelling
in a Commercial District permitted by a previous
variance (Modification No. 2058); property located
at 106 -22nd Street, on the easterly side of 22nd
Street, northerly of the west ocean front in
McFadden Square;
and
the continued public hearing regarding the appeal
by Dr. Carl Ackerman from the decision of the
Planning Commission on May 5, 1977 which denied
Site Plan Review No. 4, a request to permit con-
struction of a 1,000 square foot commercial building
in an area designated for a Specific Area Plan;
property located at 108 -22nd Street, on the west
ocean front in McFadden Square; zoned C -1.
A report was presented from the Community Develop-
ment Department.
Dr. Ackerman addressed the Council and stated that
he was willing to have the hearing continued until
after the Wilbur Smith parking study is completed.
The City Attorney stated for the record that any
further continuance should be at the request of
Dr. Ackerman with the understanding that the City
is prepared to move ahead and act on the request
at this time.
Dr. Ackerman stated that it was his request that
the matter be continued to the second meeting in
January and that he waived any right he might have
as a result of the delay in acting on his appeals.
Motion
x
The public hearings on Modification No. 2058 and on
Ayes
x
x
x
x
x
x
Site Plan Review No. 4 were continued to January 23,
Absent
x
1978.
2. Mayor Dostal opened the public hearing regarding
District
•
Ordinance No. 1752, being,
Map 28
0-1752
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(2178)
AMENDING A PORTION OF DISTRICTING MAP NO. 28
Volume 31 - Page 257
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL r \ \ October 11, 1977
MINUTES
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TO RECLASSIFY FROM THE "U" DISTRICT TO THE
R -1 -B" DISTRICT CERTAIN PROPERTY LOCATED AT
•
930 MARINERS DRIVE IN DOVER SHORES,
Planning Commission Amendment No. 500, a request
initiated by The Irvine Company.
A report was presented from the Community Develop-
ment Department.
Motion
x
The hearing was closed after it was determined that
Ayes
x
x
x
x
x
x
no one desired to be heard.
Absent
x
Motion
x
Ordinance No. 1752 was adopted as recommended by
Ayes
x
x
x
x
x
x
the Planning Commission.
Absent
x
3. Mayor Dostal opened the public hearing regarding the
Police Tow
application of G & W Towing Company for consider-
Truck Service
ation as a third Police Official Tow Truck Service
(1663)
for Newport Beach.
A report from the Chief of Police to the City
Manager was presented,
A synopsis of the G & W Towing Company's application
prepared by their attorney, Stanley Feldsott, was
presented.
The following people addressed the Council in favor
of the application: Gordon Miller, owner of G & W
Towing Company; Dave Gunderson, manager of G & W
Towing Company; Wayne Miller; and Stan Feldsott,
attorney representing G & W Towing Company.
Motion
x
Mr. Miller was granted three additional minutes for
Ayes
x
x
x
x
x
x
his presentation.
Absent
x
Bill Rush, owner of Harbor Towing.Company, addressed
the Council and stated that he would like to respond
to statements regarding his company at a future
date.
Motion
x
The hearing was closed after it was determined that
Ayes
x
x
x
x
x
x
no one else desired to be heard.
Absent
x
Motion
x
The application of G & W Towing Company for con -
Ayes
x
x
x
x
x
x
sideration as a third Police Official Tow Truck
Absent
x
Service for Newport Beach was denied.
CONTINUED BUSINESS:
1. A report was presented from the Traffic Affairs
Transportation
Committee regarding review of the Corona del May
Plan
Traffic Survey and the development of priorities.
(960)
The following people addressed the Council and
opposed improvement of 5th Avenue: Ron Kennedy,
Margaret Wilson, Jay Smith, Dick Succa and Val
Morton.
The report of the Traffic Affairs Committee was
Motion
x
approved, and the staff was directed to implement
s
x
x
x
x
the Committee's recommendations and to retain an
s
x
x
independent firm to prepare the environmental
Absent
x
assessment document regarding the improvement of
5th Avenue.
i
Volume 31 - Page 258
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL \ \ October 11., 1977
MINUTES
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2. (District 3) Mayor Pro Tem Barrett's appointment of
Preston Lee Johns as a member of the Environmental
CEQUAC
(1058)
x
Quality Control Citizens Advisory Committee to fill
Ayes
x
x
x
x
x
x
the unexpired term of Stan Cole ending December 31,
Absent
x
1977 was confirmed.
3. (District 4) Mayor Dostal's appointment of William
Trans Plan
Lusk as a member of the Transportation Plan
CAC
Motion
x
Citizens Advisory Committee to fill the unexpired
(960)
Ayes
x
x
x
x
x
x
term of Herman Basmaciyan ending December 31, 1977
Absent
x
was confirmed.
CURRENT BUSINESS:
1. A report from the Community Development Department
County
regarding the intention of the County of Orange to
Triangle
redesignate the zoning of that portion of the
(673)
County Triangle north of Hoag Drive between Mon-
rovia Avenue and Placentia Avenue was presented
with a copy of a proposed letter to the Board of
Supervisors.
Motion
x
Councilman Kuehn made a motion to direct the Mayor
to sign the letter to the Orange County Board of
Supervisors requesting reconsideration of the
Board's General Plan action concerning the Triangle.
Motion
x
Councilman Rogers made a substitute motion to make
Ayes
x
x
x
changes in the last paragraph of the letter by
x
x
x
deleting the word, "understandable" in the seventh
t
x
line, the word "respectfully" in the eleventh line
and the phrase "more nearly" in the next to the
last line, which motion failed to carry.
Ayes
x
x
x
x
x
A vote was taken on Councilman Kuehn's motion,
Noes
x
which motion carried.
Absent
x
2. A report was presented from the Marine Department
Harbor
regarding a request for an exception to the Harbor
Permit
Permit Policies by Andrew Glassell to allow the
(430F)
mooring of a 50 -foot sailboat at 1204 S. Bay Front,
Balboa Island.
Motion
x
Mr. Glassell's request was tabled.
Ayes
x
x
x
x
x
x
Absent
x
3. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application 11105 -103 by
Permit/
Ben Deane to revise a pier and float and requesting
Deane
an exception to the Harbor Permit Policies to allow
(304F)
the construction of a cantilevered deck over County
tidelands at 103 Bayside Place.
Mayor Pro Tem Barrett stepped down from the Council
table due to a possible conflict of interest.
•
Ben Deane, applicant, addressed the Council.
Motion
x
The pier and float revision included in Harbor
Ayes
x
x
x
x
x
Permit Application 11105 -103 was approved, and the
Absent
x
x
cantilevered deck requested was approved up to the
County tidelands line.
Volume 31 - Page 259
COUNCILMEN
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ROLL CALL �� \ \ October 11, 1977
MINUTES
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Mayor Pro Tem Barrett resumed his seat at the
•
Council table.
4. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application #134-38 by Eddy
Permit/
Meredith requesting an exception to the Harbor
Meredith
Permit Policies to allow the construction of a
(304F)
cantilevered deck over County tidelands at #38
Linda Isle.
Tom Fuentes, a member of Robert Bein and William
Frost and Associates, and Richard Meredith, brother
of the applicant, addressed the Council and urged
approval of the cantilevered deck.
Motion
x
Harbor Permit Application #134 -38 was denied.
Ayes
x
x
x
x
Noes
x
x
Absent
x
5. A report was presented from the Marine Department
OrCo Harbor
regarding a proposed lease between the City of New-
District
port Beach and the County of Orange for the con-
(2796)
struction of a shop /garage building addition on
County Harbor District property.
Motion
x
The draft lease was approved, and the City Council
Ayes
x
x
x
x
x
x
made a finding that the proposed use is in con -
Absent
x
formance with the City's General Plan.
6. A letter addressed to Councilman Ryckoff from
Com Dev CAC
Barclay Ardell resigning from the Community Develop-
(2127)
ment Citizens Advisory Committee was presented.
Motion
x
Mr. Ardell's resignation was accepted with regret;
Ayes
x
x
x
x
x
x
the City Clerk was directed to prepare a Certificate
Absent
x
of Appreciation; and the appointment of Joe Amidon
as a member of the Community Development Citizens
Advisory Committee to fill the unexpired term of
Mr. Ardell ending December 31, 1977 was confirmed.
7. A report was presented from the Public Works Direc-
Spyglass Hill.
for regarding the Spyglass Hill Park improvements,
Park
Contract No. C -1970.
(2766)
Motion
x
The one bid received was rejected, and the City
Ayes
x
x
x
x
x
x
Clerk was authorized to readvertise for bids to be
Absent
x
opened at 2:30 p.m. on November 1, 1977.
8. A report was presented from the Public Works Direc-
Vacation
for regarding the vacation and abandonment of an
23rd & Irvine
unused portion of 23rd Street and Irvine Avenue,
(2797)
northeasterly of Irvine Avenue realigned between
22nd and 23rd Streets.
Motion
x
The following resolutions were adopted:
Ayes
x
x
x
x
x
x
Absent
x
Resolution No. 9198 adopting a map showing the
R -9198
•
portion of 23rd Street and Irvine Avenue right -
of -way proposed to be vacated.
Resolution No. 9199 declaring the intention to
R -9199
order the vacation and abandonment of portions
of 23rd Street and Irvine Avenue, and setting a
public hearing for November 14, 1977.
Volume 31 - Page 260
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COUNCILMEN
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ROLL C LL A \ October 11, 1977
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9. A report was presented from the Public Works Direc-
for regarding Coast Highway - Dover Drive improve-
red Aid
TVanB Systems
ments and bridge replacement, Contract No. C- 1976C.
Dev /Coast
Hwy Bridge
Resolution No. 9200, authorizing the Mayor and City
(2743)
Clerk to execute a Cooperative Agreement with CAL -
TRANS covering the construction of the City's share
R -9200
Motion
x
of the Coast Highway - Dover Drive improvements and
Ayes
x
x
x
x
x
x
bridge replacement, was adopted; and a temporary
Absent
x
loan of $127,500 was authorized.
10. A report was presented from the Public Works Direc-
Curb Cut/
for regarding the application of Sohn C. Davidson
2320 -22
to construct a curb cut at 2320 -22 Pacific Drive in
Pacific Dr
Corona del Mar.
(2798)
Motion
x
The application for a curb cut at 2320 -22 Pacific
Ayes
x
x
x
x
x
x
Drive was approved.
Absent
x
11. A report was presented from the Public Works Direc-
West Coast
for regarding property acquisition for the West
Hwy Widening
Coast Highway widening (south side) between 57th
57th St/
Street and Santa Ana River.
SA River
(2552)
George Davidson, owner of the property at 5801 West
Coast Highway, addressed the Council and protested
the condemnation of his property.
Resolution No. 9201, being a Resolution of the City
R -9201
Council of the City of Newport Beach declaring the
necessity of condemnation requiring the taking of
property for the widening of West Coast Highway on
the south side, between 57th Street and the Santa
Ana River, as authorized pursuant to the Charter of
the City of Newport Beach and Section 37350, of the
California Government Code and finding that the
public interest and necessity require the project,
that the project is planned and located in the
manner that will be most compatible with the
greatest public good and least private injury, that
the property described in the resolution is neces-
sary for the proposed project, authorizing the City
Attorney to institute condemnation proceedings; and
authorizing the Finance Director to make a deposit
in Court for possession of the subject property
Motion
x
prior to judgment, was adopted; and the purchase of
Ayes
x
x
x
x
x
x
Lot 1 in Block 158 of River Secion, Newport Beach
Absent
x
(5801 West Coast Highway) for its appraised fair
market value was authorized.
CONSENT CALENDAR:
Motion
x
The following items were approved by one motion affirm -
Ayes
x
x
x
x
x
x
ing the actions on the Consent Calendar:
Absent
x
1. The following ordinance was introduced and set for
public hearing on October 25, 1977:
•
(a) Proposed Ordinance No. 1754, being, AN
Development
ORDINANCE OF THE CITY OF NEWPORT BEACH
Standards
0- 7.7.54
(1376)
t
Volume 31 - Page 261
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
Pp �� 9 00 'pL \��\ c+ ��, F�! 0 �� October 11, 1977
ROLL CALL \ lNnry
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AMENDING CHAPTER 20.11 OF THE NEWPORT BEACH
MUNICIPAL CODE BY MAKING SAID CHAPTER APPLI-
CABLE ONLY TO R -1, R -3 AND R -4 DISTRICTS AND
AMENDING CHAPTER 20.15 OF THE NEWPORT BEACH
MUNICIPAL CODE BY AMENDING THE DEVELOPMENT
STANDARDS IN THE R -2 DISTRICT, Planning
Commission Amendment No. 486, a request
initiated by the City of Newport Beach to
consider amendments to Chapters 20.11 and
20.15 of the Newport Beach Municipal Code
relating to Residential Development Standards
and development standards.in the R -2 District.
(A report from the Community Development
Department)
2. The following ordinance was introduced and passed
to second reading on October 25, 1977:
(a) Proposed Ordinance No. 1755, being, AN
Water
ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1755
AMENDING SECTION 14.16.020 AND ADDING SECTION
(576)
14.16.025 AND SECTION 14.16.045 TO THE
NEWPORT BEACH MUNICIPAL CODE RELATING TO THE
CONSERVATION OF WATER, revising existing
water waste and emergency regulations. (A
report from the Public Works Director)
3. The following resolutions were adopted:
(a) Resolution No. 9202, a Resolution of Inten-
PERS
tion to approve an amendment to contract
R -9202
between the Board of Administration of the
(617)
Public Employees' Retirement System and the
City Council of the City of Newport Beach.
(A report from the City Manager)
(b) Resolution No. 9203 authorizing the Mayor and
Ford Road
City Clerk to execute an agreement with the
Widening
City of Irvine and the Irvine Company pro-
R -9203
viding for the widening of Ford Road from San
(2799)
Miguel Drive to 700 feet easterly of MacArthur
Boulevard. (A report from the Public Works
Director)
(c) Resolution No. 9204 awarding a contract to
Jamboree Rd.
Vernon Paving Company for Jamboree Road
Resurfacing
Resurfacing, San Joaquin Hills Road to Ford
R -9204
Road, Contract No. C -1971. (A report from
(1660)
the Public Works Director)
(d) Resolution No. 9205 authorizing the Mayor and
San Diego
City Clerk to execute a Cooperative Agreement
Bike Trail
with CALTRANS for construction of the San
R -9205
Diego Bicycle Trail between the easterly City
(2800)
limits and California Road. (A report from
the Public Works Director)
(e) Resolution No. 9206 designating intersections .f
Stop Signs
•
at which vehicles are required to stop
R -9206
and directing the Traffic Engineer to
(8F)
erect necessary stop signs (Santiago and
Galaxy Drives). (A report from the
Public Works Department)
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Volume 31 - Page 262
COUNCILMEN
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(f) Resolution No. 9207 authorizing the
Harbor Regs
•
Mayor and City Clerk to execute an
R -9207
agreement between the City of Newport
(386)
Beach and George Hamilton Jones, M.A.I.
in connection with Tideland Permit Fees
(Commercial Value Study). (A report from
the City Manager)
4. The following communications were referred as
indicated:
(a) To staff for reply, a letter from Shiyohei
Resub 556
Mukai stating that he would like to be
(2767)
given permission to build two units on
his R -1 lot if Resubdivision 556 is
approved. (Copies mailed to Council)
(b) To staff for reply, a letter from Jack
OrCo Airport
Bransford objecting to private jet
(195)
flights from the Orange County Airport
and asking for an ordinance that would
limit private flights. (Copies mailed
to Council) (Response from City Attorney
attached)
(c) To staff for reply, a letter from Albert
Street
J. Trondle regarding street sweeping.
(;leaning
(Copies mailed to Council)
(639F)
•
(d) Removed from the Consent Calendar.
(e) To Pending Legislation and Procedural
Noise
Ethics Committee, a resolution from the
Control
Orange County Board of Supervisors
(933)
regarding Motor Vehicle Noise Emission
Control. (Copies mailed to Council)
(f) To Pending Legislation and Procedural
Power
Ethics Committee, a resolution from the
Projects
City of E1 Cajon supporting the reform
(1429)
of State laws which impede or prevent
the timely licensing of essential power
projects. (Copies mailed to Council)
(g) To staff, a letter from the Orange
Senior
County Human Services Agency advising of
Citizen
meetings to be held to ask for public
Service
help in planning service needs for 1978 -79
(2801)
for the Senior Citizens Program.
(Copies mailed to Council)
(h) To staff for reply, a letter from Clyde
Complaint
A. O'Neill regarding an incident on
(600)
September 25, 1977 when he was stopped
by a Newport Beach police officer. (Attached)
(i) To staff for reply, a letter from the Post
Traffic
Office Department to Mayor Dostal requesting
Control
•
a feasibility study be made regarding
Light /Request
installation of a traffic control light at
(711)
Bison and Jamboree. (Attached)
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Volume 31 - Page 263
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(j) To staff for report back, letter from the
Tract 7967
Harbor View Hills Community Association
(15F)
regarding the recreation center planned for
Phase IV development, Jasmine Creek, 2nd
Revised Tentative Map date - stamped 7/28/76,
Tract 7967. (Attached)
5. The following communications were referred to the
City Clerk for filing and inclusion in the
records:
(a) A letter from Mrs. Howard Williams expressing
(P0)
her appreciation for opening the bay beaches
and removing the encroachments. (Copies
mailed to Council)
(b) A copy of a letter to the Water Department
(250)
from B. B. Bernard protesting the new water
rates. (Copies mailed to Council)
(c) Removed from the Consent Calendar.
(d) A letter to Mayor Dostal from Supervisor
(2758)
Thomas F. Riley thanking the City of Newport
Beach for its support of the preservation of
prime agricultural land in Orange County.
(Copies mailed to Council)
(e) A certified copy of a minute page from
(355)
•
the City of Santa Ana advising that they
are withdrawing from the Newport - Irvine
Waste - Management Planning Agency.
(Copies mailed to Council)
(f) A letter from the Orange County Division
(1043)
of the League of California Cities, Ad
Hoc Committee on Human Relations,
advising their recommendations regarding
the Orange County Human Relations Commission
Policy. (Copies mailed to Council)
(g) A letter from the South County Mental
(20)
Health Advisory Board advising the
functions of the Citizens Advisory Board
and their efforts to advise communities
of available mental health services.
(Copies mailed to Council)
(h) Removed from the Consent Calendar.
(i) A letter to the City Clerk from Mayor
(436)
Wilson of San Diego enclosing a fact
sheet on an initiative measure which is
designed to prevent the Legislature from
legalizing strikes by public employees
and compulsory binding arbitration for
public employees in California. (Copies
mailed to Council)
•
(j) A letter to the City Clerk from the
(2757)
State Office of Planning and Research
expressing appreciation for the review
of the proposed Urban Development Strategy
report. (Copies mailed to Council)
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Volume 31 - Page 264
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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(k) Notice of Filing of Application before
(20)
the Public Utilities Commission by the
Southern California Gas Company for a
rate increase to offset the costs associated
with the 1978 Voluntary Load Reduction
Plan.
(1) Notice of Removal from Calendar before
(20)
the Public Utilities Commission of the
application of the Southern California
Gas Company to increase revenues to
offset the impact on revenue requirements
of long -term storage.
(m) Notice of Proposed Rate Change by Southern
(20)
California Gas Company with the Federal
Power Commission for an increase resulting
from supplier rate increases.
(n) A Legal Notice of Proposed Changes in
(519)
the Regulations of the Department of
Industrial Relations, State of California
regarding prevailing wage determinations.
(o) Agenda of the Board of Supervisors
(20)
meetings of September 20, 21, 27 and 28 and
October 4, 5 and 6, 1977.
(p) Notice of Application for Rate Change
(20)
before the Public Utilities Commission for
•
authority to modify its Energy Cost
Adjustment.Clause by Southern California
Edison Company.
(q) A letter from the Costa Mdsa Chamber of
(20)
Commerce, Newport,Harbor Area Chamber of
Commerce, Newport -Mesa Unified School District,
Orange Coast College and Greater Irvine
Industrial League inviting the City to
participate in Career Week, 1977. (Copies
mailed to Council)
(r) Results of Corona del Mar Civic Association
(960)
expressionaire as of September 12, 1977.
(Attached)
(s) Notice of.public hearing to be held on
(20)
October 12 by the Orange County Board of
Supervisors in connection with the San
Diego Creek Trail. (Attached)
(t) Copy of the Proposed Report of Administrative
(Y0)
Law Judge James F. Haley in Application
No. 56845 of Pacific Gas and Electric
Company before the Public Utilities
Commission for authority, among other
things, to increase rates for electric
and gas service. (Copy of notice attached,
•
50 -page copy of report on file in City
Clerk's office)
(u) A letter from Senator S. I. Hayakawa to
(195)
Mayor Dostal acknowledging receipt of the
letter to Senator Cannon regarding the Air
Transportation Regulatory Reform Act of 1977.
(Attached)
Volume 31 - Page 265
COUNCILMEN
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s\�\ ` October 11, 1977
ROLL CALL
MINUTES
INQFX
(v) Removed from the Consent Calendar.
(w) Copy of a letter to Chief of Police Gross
(600)
from Dr. Irwin D. Hoffman regarding the
distribution of candy to school children at
Christmas time. (Attached)
6. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Obera Lee Adler for damages and
(2785)
personal injuries as a result of a fall in
Adler .
the general location of the 4300 block of
Birch Street on or about June 8, 1977,
allegedly due to negligence on the part of
the City due to an uneven, raised sidewalk.
(b) Claim of Dorothy Danielle Johnson alleging
(2786)
personal injury, false arrest, false im-
Johnson
prisonment and loss of earnings on or before
June 16, 1977 at her place of residence in
Newport Beach.
(c) Claim of Mr. and Mrs. Arthur V. Doble, 1109
(2787)
E. Balboa Boulevard for damage to their main
Doble
sewer line which was caused by a City -owned
tree necessitating service calls by plumbers.
•
(d) Claim of Jordeane Collins Harrod for damages
(2788)
and personal injuries as a result of an
Harrod
accident on June 15, 1977, on Westminster
Avenue when she was stopped at a traffic
signal and struck from the rear by a bus
owned by the Orange County Transit District,
which allegedly failed to stop at the red
light. Claimant has not specified her reasons
for claiming responsibility on the part of
the City of Newport Beach.
(e) Claim of Ron Harrod for loss of consortium as
(2789)
a result of an accident on June 15, 1977, on
Harrod
Westminster Avenue when his wife, Jordeane
Collins Harrod, was stopped at a traffic
signal and struck from the rear by a bus
owned by the Orange County Transit District,
which allegedly failed to stop at a red
light. The claimant has not specified his
reasons for claiming responsibility on the
part of the City of Newport Beach.
(f) Claim of Philip Jasieniecki for damages to
(2790)
his car on July 30 at the intersection of
Jasieniecki
Orange Street and Pacific Coast Highway,
allegedly resulting from a two -car collision
which was caused by the malfunction of the
traffic signal at that intersection.
Volume 31 - Page 266
CITY OF NEWPORT BEACH
COUNCILMEN
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MINUTES
INDEX
(g) Claim of William E. Manrow, III alleging
(2791)
•
personal injury, false imprisonment and loss
Manrow
of earnings in connection with his arrest on
or before June 16, 1977 at his place of
residence in Newport Beach.
(h) Claim of Donald Walter Ohlig for personal
(2792)
injuries and damages allegedly sustained when
Ohlig
he was involved in an accident with another
vehicle which occurred at or near the entrance
to the Balboa Bay Club on Pacific Coast
Highway on July 2, 1977. Due to the in-
adequacy of traffic signals and signs in an
area of crowded traffic conditions, they are
claiming negligence on the part of the City.
(i) Claim of Edward John Topalian, Jr. for
(2793)
personal injuries and damages allegedly
Topalian
sustained when the vehicle in which he was
riding was involved in an accident with
another vehicle at or near the Balboa Bay
Club entrance on Pacific Coast Highway on
July 2, 1977. Due to the inadequacy of
traffic signals and signs in an area of
crowded traffic conditions, they are claiming
negligence on the part of the City.
(j) Claim of Albert Hans Ohlig for property
(2794)
damage allegedly sustained when his vehicle
Ohlig
was involved in an accident with another
•
vehicle which occurred at or near the
entrance to the Balboa Bay Club on Pacific
Coast Highway on July 2, 1977. Due to the
inadequacy of traffic signals and signs in
an area of crowded traffic conditions, they
are claiming negligence on the part of the
City.
(k) Claim of Steven Michael Kohler alleging
(2795)
personal injury, false arrest and false
Kohler
imprisonment in connection with his arrest
on July 1, 1977 at 481 Holmwood Avenue,
Newport Beach.
7. The City Clerk's referral of the following
Summons and Complaints to the insurance carrier
was confirmed:
(a) Summons and Complaint of Nancy Kilpatrick and
(2728)
Kay Cooper, d b a "Agate 108" for Damages,
Kilpatrick &
Case No. 29098 in the Orange County Superior
Cooper
Court. The original claim was for damages
incurred between May 16 and 20, 1977
(b) Summons and Complaint of Debra Lee Powell for
(2664)
Personal Injuries, Case No. 27 -56 -97 in the
Powell
Orange County Superior Court. The original
claim was for personal injuries sustained
while a passenger in a vehicle that struck
•
the center divider on Jamboree Road on
January 18, 1977.
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(c) Summons and Complaint of Jeffrey M. Smith
(2644)
•
for Personal Injuries, Case No. 27 -59 -19
Smith
in the Orange County Superior Court. The
original claim was for personal injuries
sustained when he was thrown from his
skateboard due to a defect in the sidewalk
on February 22, 1977.
8. The following application for permission to
file a late claim was denied:
(a) Application for Permission to File Late
(2802)
Claim of Dennis C. O'Toole, and proposed
O'Toole
claim for false arrest and imprisonment,
personal injuries and for damages sus-
tained in connection with his arrest on
or about January 23, 1977.
9. The following request to fill personnel vacancies
(1203F)
was approved: (A report from the City Manager
attached)
(a) One Maintenance Man I in the General
Services Department to fill a position
now vacant.
(b) Two Police Clerk I's in the Police Depart-
ment to fill a position now vacant and a
position to be vacant.
10. The following staff reports were received and
ordered filed:
(a) A memorandum from the City Attorney to
Motor.
the City Manager regarding motor vehicle
Vehicles/
fines and forfeitures. (Attached)
(iqS9)
(b) A report from the Traffic Affairs Committee
Bus Stop
regarding the recommendation of the
Benches
Community Development Citizens Advisory
(2764)
Committee for the placement of benches
at bus stops in the City where appropriate.
(Attached)
11. Removed from the Consent Calendar.
12. The West Newport Channel Dredging, Contract No.
West Npt
C -1731, was accepted; and the City Clerk was
Channel
authorized to file a Notice of Completion
Dredging
and to release the bonds 35 days after Notice
(2059)
of Completion has been filed. (A report from
the Public Works Director)
•
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CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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13. The Street Resurfacing - Newport Heights and Cliff
Street
•
Haven 1977 -78, Contract No. 1930, was accepted; and
Resurfacing/
the City Clerk was authorized to file a Notice of
Npt Hgts-
Completion and to release the bonds 35 days after
Cliff Haven
Notice of Completion has been filed. (A report
(2704)
from the Public Works Director)
14. The Miscellaneous Concrete Repairs at Corona del
CdM State
Mar City and State Beach Park -- Service Area No. 1,
Beach
Contract No. 1903, was accepted; and the City Clerk
(2621)
was authorized to file a Notice of Completion and
to release the bonds 35 days after Notice of Com-
pletion has been filed. (A report from the Public
Works Director)
15. Removed from the Consent Calendar.
16. The expense accounts of Councilman Kuehn in the
Expense
amount of $284.44 (September 25 -27) and of Council-
Accounts
man Rogers in the amount of $366.66 (September 25-
28) for attendance at the League of California
Cities Annual Conference in San Francisco were
approved.
17. The following Budget Amendments were approved:
BA -26, $24,000 increase in Budget Appropriations
and increase in Revenue Estimates, construction of
handball courts at Mariner's Park and State's con-
tribution, from Donations and Contributions and
Unappropriated Surplus, Building Excise Tax Fund.
BA -27 - Removed from the Consent Calendar.
BA -28, $3,150 transfer of Budget Appropriations for
additional funds to construct shop /storage garage
addition, from Unappropriated Contingency Reserve
to Non - departmental, Services - Professional, Techni-
cal, etc., General Fund. (A report from the City
Manager)
BA -29, $1,500 transfer of Budget Appropriations for
appraisal of Bay Avenue lot, from Unappropriated
Contingency Reserve to Non - departmental, Services -
Professional, Technical, etc., General Fund. (A
report from the City Manager)
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from the City of Cypress and a copy of a
Urban Dev
letter to Senator Carpenter from the City of Los
Strategy
Notion
x
Alamitos opposing the adoption of the draft report
(2757)
Ayes
x
x
x
x
x
x
entitled "Urban Development Strategy for California"
Absent
x
were received and ordered filed.
2. A letter from the Department of Fish and Game to
Artificial
Mayor Dostal enclosing a letter from the Chief,
Reef
Engineering Division, regarding the effects the
(67)
Motion
x
sinking of a Liberty Ship in City tidelands would
Ayes
x
x
x
x
x
x
have on the shoreline was received and ordered
Absent
x
filed.
3. A report was presented from the Public Works
Resub 526
Director regarding the public improvements con-
(2550)
•
strutted in conjunction with Resubdivision No. 526,
located on the southwest corner of Villa Way and
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CITY OF NEWPORT BEACH
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October 11, 1977 INDEX
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30th Street in Cannery Village, Myrna M. and
Francis M. Delaney, subdividers.
Mayor Pro Tem Barrett stepped down from the Council
table due to a possible conflict of interest.
The public improvements constructed in conjunction
Motion
x
with Resubdivision No. 526 were accepted; the City
Ayes
x
x
x
x
x
Clerk was authorized to release the faithful
Absent
x
x
performance surety (Time Certificate of Deposit
No. 1160 issued by Bank of Newport) and to release
the labor and materials surety (Time Certificate
of Deposit No. 1161 issued by Bank of Newport)
in six months provided no claims have been filed.
Mayor Pro Tem Barrett resumed his seat at the
Council table.
4,. A letter to Mayor Dostal from George J. Jeffries
Street
Motion
x
proposing a street sweeping program for the alleys
Cleaning
Ayes
x
x
x
x
x
x
was referred to the General Services Director for
(639F)
Absent
x
reply.
5. A letter from John A. Miller requesting that a
Parking
public hearing be held concerning the "no parking"
(440F)
Motion
x
red curb designation in front of the Riverside
Ayes
x
x
x
x
x
x
Avenue Post Office was referred to the staff for
Absent
x
report back to the Study Session on November 14.
•
6. Mayor Dostal stepped down from the Council table
due to a possible conflict of interest.
Motion
x
The following Budget Amendment was approved:
Ayes
x
x
x
x
x
Absent
x
x
BA -27, $20,000 increase in Budget Appropriations
and increase in Revenue Estimates, construction
of restroom in West Newport Park and State's
contribution, from Donations and Contributions
and Unappropriated Surplus, Building Excise Tax
Fund.
Mayor Dostal resumed his seat at the Council table.
7. A report was presented from the Public Works
Alley Imp
Director regarding the alley improvements in
Blk 3,
Block 3, Balboa Tract.
Balboa Tr
(2425:
A public hearing was set for November 14, 1977 to
Motion
x
hear objections or protests on cost of work
Ayes
x
x
x
x
x
x
accomplished under Chapter 27 of the Improvement
Absent
x
Act of 1911.
Councilman Ryckoff was excused from the meeting.
Motion
x
The meeting was adjourned at 11:20 p.m. to 7:30 p.m.
Ayes
x
X
x
x
x
on October 17 for a joint meeting with the Planning
Absent
x
x
Commission.
•
Mayor
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Ayes
Noes
Absent
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CITY OF NEWPORT BEACH
MINUTES
October 17, 1977
(d) Accelerate development of traffic
facilities that would improve levels
of service accomodating growth both
inside and outside the City.
(e) Expand the City's involvement in
promoting solutions to regional
transportation problems especially in
the areas of air traffic, mass transit
and highway improvements
3. Cost /Revenue Impact
(a) Disallowed.
(b) Emphasize residential development
rather than commercial development
wherever possible.
(c) De- emphasize development of new
tourist - related facilities.
(d) Determine the fiscal impact of major
commercial /office developments such as
Newport Center.
4. Environmental Quality
(a) Disallowed.
(b) Disallowed.
(c) Identify areas where new development
can be accommodated with the least
potential for environmental damage.
Issues 1, 2 and 4 to receive higher priority than
Issue 3 at this time, and that Item 4 regarding the
possible need for additional consultant services be
deleted from the Suggested Work Program in the same
document.
Further, the following goals were set for the Planning
Commission:
1• To develop a phasing schedule.
2. To consider the impact of potential
development on the physical support systems'
and reset limits on intensities as needed.
x
x
x
x
A vote was taken on Councilman Ryckoff's substitute
x
motion, which motion carried.
x
x
Mayor Pro Tem Barrett declared the meeting adjourned'i
at 10:25 p.m.
Ma or
ATTEST:
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City Clerk