HomeMy WebLinkAbout12/19/1977 - Adjourned Regular MeetingCITY OF NEWPORT BEACH
COUNCILMEN
9OO �t �\
\Po*j� G n Adj ourned Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
ROLL C \ \\ Date: December 19, 1977
MINUTES
PImvV
�esent
x
x
x
x
x
x
x
Roll Call.
The reading in full of all ordinances and resolutions
Motion
x
under consideration was waived, and the City Clerk was
Ayes
x
x
x
x
x
x
x
directed to read by titles only.
HEARINGS:
1, Mayor Dostal opened the public hearing regarding
HUD
the determination of community needs which might
(2082)
be addressed through a fourth year application
under the HUD Community Development Block Grant
Program, and soliciting comments and suggestions
from the public on appropriate activities for
funding under the program.
A report was presented from the Community Develop-
ment Department.
A letter from Friends of Oasis was presented
stating they would like to make their presentation
regarding fourth year HUD Block Grant Funds on
January 9,
The following people addressed the Council in
favor of Fourth Year HUD Block Grant Funds, many
of whom supported the use of the proposed funds to
purchase land for low- income housing: Joan Petty,
Vice Chairman of the Community Development Citizens
Advisory Committee; Marilyn Reynolds; Hal Thomas;
Erma Lee Desenberg; and Mary Humboldt.
The following people addressed the Council and
opposed the Fourth Year HUD Block Grant and /or use
the proposed funds for low- income housing: Bob
Spreen; Richard Huffman; Elaine Linhoff; Bob
Millar; Robert Fyke; and Jody Barlow read a letter
from the Newport Harbor Area Chamber of Commerce.
Motion
x
Mayor Pro Tem Barrett made a motion that the City
Ayes
x
x
x
not apply for Fourth Year HUD Community Development
Noes
x
x
x
x
Block Grant Funds, which motion failed to carry.
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.
Motion
x
The subject was set for a second public hearing on
Ayes
x
x
x
x
x
x
January 9, 1978.
Noes
x
CONTINUED BUSINESS:
1. The following appointments to Citizens Advisory
Motion
x
Committees for terms ending December 31, 1978 were
Ayes
x
x
x
x
x
x
x
confirmed:
Bicycle Trails Citizens Advisory Committee
Bicycle
(District 3) Mayor Pro Tem Barrett's
.
Trails
CAC
appointment to replace Allan Beek was
(205F)
postponed to January 9.
Volume 31 - Page 319
COUNCILMEN
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Motion
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Motion
Ayes
Motion
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MINUTES
December 19, 1977
F)
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Plan
it
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Cut
ments
t
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7
achment
Av
(District 7) Councilman Williams'
reappointment of Robert L. Newcomb
and Gerard Van Hoven.
Environmental Quality Citizens Advisory Committee
CEQAC
(1058
(District 3) Mayor Pro Tem Barrett's
appointment to replace Duncan McIntosh
was postponed to January 9.
Litter Control Citizens Advisory Committee
Litte
CAC
(District 6) Councilman Kuehn's
(2046
reappointment of Charles Paskerian.
(District 7) Councilman Williams'
reappointment of Cindy Houston and
Margaret Sangster.
Transportation Plan Citizens Advisory Committee
Trans
CAC
(District 7) Councilman Williams'
(960)
reappointment of Jeanne Giordano.
2. A report was presented from the City Manager
Counc
regarding amendment to Council Policy A -4.
Polic
(430F
Council Policy A -4, "Boards and Commission Appoint -
x
ments," was amended as recommended by staff
x
x
x
x
x
x
x
including Alternate No. 2 regarding recommendation
of applicants to Council by the Appointments
Committee.
CURRENT BUSINESS:
1. A letter from Mary Everett Burton was presented
Curb
regarding Modification Permit No. 2180 and the
Abate
curb cut at 2920 Ocean Boulevard, Corona del Mar.
(687)
A report was presented from the Public Works
Department.
x
The request to retain the curb cut at 2920 Ocean
•
x
x
x
x
x
x
Boulevard was approved.
2. A report was presented from the Public Works
Utili
Department regarding site improvements for the
Store
16th Street Utility Storage Yard - Phase II,
Yard
Contract No. 1942.
(2195
Resolution No. 9247, awarding a contract to
R -924
Griffith Company in connection with site improve -
x
ments for the 16th Street Utility Storage Yard -
x
x
x
x
x
x
x
Phase II, Contract No. 1942, was adopted.
3. A report from the Public Works Department regarding
Encrc
the request of Pierre Poisson to construct a wall
three feet high in the Onyx Avenue public right-
Onyx
(2832
of -way and in the South Bay Front public right -of-
way adjacent to 1210 South Bay Front, Balboa
Island was presented with the request letter from
Pierre Poisson.
i
Volume 31 - Page 320
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CITY OF (NEWPORT BEACH
COUNCILMEN
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ROLL CALL r \ \ December 19, 1977
MINUTES
IN nfX
•
Tom Huston, Vice President of the Balboa Island
Improvement Association, addressed the Council in
opposition to the request.
Pierre Poisson, developer, addressed the Council.
Motion
x
The wall on the side along Onyx will be allowed to
Ayes
x
x
x
x
x
remain, and the wall facing the south bay front is
Noes
x
x
to be pulled back in line with the rest of the
block, approximately eighteen inches behind the
sidewalk.
4. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application #116 -1132 by
Permit
Earl Dexter and Angela Ficker White to allow
(304F)
construction of a joint ownership slip facility at
1132 and 1136 W. Bay Avenue prior to construction
of an adjoining upland residence.
Earl Dexter, one of the applicants, addressed the
Council and responded to questions.
Motion
x
Harbor Permit Application 11116 -1132 was approved,
Ayes
x
x
x
x
x
x
x
subject to the following conditions:
(a) That the permittee construct a residence
on the vacant lot at 1132 West Bay
Avenue which adjoins the Harbor Permit
Zone prior to January 1, 1980.
(b) That no vessel except the permittees'
shall be berthed bayward of the vacant
lot.
5. A report was presented from the Parks, Beaches and
Ensign
Recreation Director regarding the purchase of 150
Vw Pk
chairs for the Newport Theatre /Arts Center in lieu
(1294)
of the purchase of a sound system.
Parks, Beaches and Recreation Director Cal Stewart
gave a brief staff report.
Motion
x
The purchase of 150 chairs for the Newport
Ayes
x
x
x
x
x
x
x
Theatre /Arts Center in lieu of the purchase of a
sound system was approved.
6. A report was presented from the City Attorney
OrCo
regarding Orange County Airport matters.
Airport
(195)
Jean Wegener addressed the Council and suggested
that the Council consider taking legal action and
contact attorney Jerrold Fadem before taking
action on the variance or on hiring Mr. Wedaa.
Motion
x
The Mayor was directed to sign the proposed letter
Ayes
x
x
x
x
x
x
x
to the State Department of Transportation request-
ing a public hearing in connection with the Orange
County Airport's third year variance; the staff
was authorized to obtain a proposal from Henry
•
Wedaa to act as special consultant to the City for
the variance proceeding; and the City Attorney was
instructed to contact Attorney Jerrold Fadem for a
proposal in connection with the Orange County
Airport's third year variance.
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Volume 31 - Page 321
CITY OF NEWPORT BEACH;
COUNCILMEN MINUTES
9G yp pN'pt
F
�n December 19
ROLL CGLL > 1977 \ \ in�ncv
gotion
CONSENT CALENDAR:
x
The following actions were approved by one motion
Ayes
x
x
x
x
x
x
x
affirming the actions on the Consent Calendar:
1. The following resolutions were adopted:
(a) Resolution No. 9248 authorizing the Mayor and
Boys' Club
City Clerk to execute a License Agreement
R -9248
between the City and the Newport -Mesa Unified
(527)
School District for Eastbluff Branch Boys'
Club Basketball Court. (A report from the
City Attorney)
(b) Resolution No. 9249 awarding a contract to
W Npt /Balboa
Ameron, Inc., Pipe Lining Division, in
Water Pipes
connection with Cement- Mortar Lining of Cast
R -9249
Iron Water Pipe, West Newport and Balboa
(2819)
Peninsula, 1977 -78, Contract No. 1979. (A
report from the Public Works Department)
(c) Resolution No. 9250 authorizing the Mayor and
Irvine /Bay-
City Clerk to execute a Cooperative Agreement
crest
between the City of Newport Beach and the
Storm Drain
County of Orange and the City of Costa Mesa
R -9250
for construction of the Irvine- Baycrest Storm
(2833)
Drain from Dover Drive to Baycrest Road. (A
report from the Public Works Department)
(d) Resolution No. 9251 approving the parcel map
Resub 551
for Resubdivision No. 551 and accepting the
R -9251
offer of dedication of a portion of 22nd
(2834)
Street. (A report from the Public Works
Department)
(e) Resolution No. 9252 approving a Subdivision
Resub 551
Agreement and authorizing the Mayor and City
R -9252
Clerk to execute said agreement between the
(2834)
City of Newport Beach and Al Hollister in
connection with Resubdivision No. 551.
(f) Resolution No. 9253 being a Resolution of
PERS
Intention to approve an amendment to contract
R -9253
between the Board of Administration of the
(617)
Public Employees' Retirement System and the
City Council of the City of Newport Beach
(CHP 2% at 50). (A report from the City
Manager)
(g) Removed from the Consent Calendar.
2. The following communications were referred as
indicated:
(a) Removed from the Consent Calendar.
(b) To staff for reply, a letter from Donna
Animal
Dayton requesting a change in the ordinance
Control
•
concerning dogs on leashes on beaches.
(862)
(Attached)
Volume 31 - Page 322
CITY OF !NEWPORT BEACH
COUNCILMEN MINUTES
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ROLL CALL us T
(c) To Pending Legislation and Procedural
Conflict
•
Ethics Committee, a resolution from the
of
City of Buena Park in support of reporting
Interest
complimentary passes on statements of
(1208)
economic interests according to actual
use. (Copies mailed to Council)
3. The following communications were referred to
the City Clerk for filing and inclusion in the
records:
(a) A letter from the County of Orange enclosing
the resolution of the Board of Supervisors
approving the agreement with the City of
Newport Beach titled "Amendment to Community
Development Block Grant Program to Provide
for Transfer of Responsibility" and an
executed copy of the agreement. (Copies
(2082)
mailed to Council)
(b) A letter from the Corona Highlands Property
Owners Association in support of Helen
McLaughlin for appointment to the Planning
(530F)
Commission. (Attached)
(c) Agenda of the Board of Supervisors meetings
of December 13 and 14, 1977.
(20)
4. The following claims were denied and the City
Claims
Clerk's referral to the insurance carrier was
confirmed:
,(a) Claim of Darlyne Roa for damage to her
Ron
automobile, allegedly caused when it was
(2835)
struck by a City vehicle on November 28,
1977 at the corner of 16th Street and
Monrovia Avenue.
(b) Claim of Ralph and Marlene Reda for the
Reds
death of their daughter, Monique Emelia
(2836)
Reds, a minor, arising from an accident on
September 22, 1977,alleging City negligence
due to improper maintenance of traffic
signals at the intersection of Santa Rosa
and San Joaquin Hills Road.
(c) Claim of Kemper Insurance Company as
Kemper Ins/
subrogee for their insured, George and
McCafferty
Juanita E. McCafferty, for damage to the
(2837)
McCafferty's automobile allegedly caused
when they were involved in an accident on
October 25, 1977 due to malfunctioning
traffic signals at the intersection of
Santiago Drive and Irvine Avenue.
5. The City Clerk's referral of the following
Summons and Complaint to the insurance carrier
was confirmed:
(a) Summons and Complaint of Scott L. Seeley
Seeley
for personal injuries and property damage,
(2673)
r
Volume 31 - Page 323
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL s December 19, 1977
MINUTES
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Case No. 27 -97 -21 in the Orange County
•
Superior Court. The original claim was
for personal injuries and damage to his
mo -ped when he was struck by a City
vehicle at Balboa Boulevard and Cypress
Street on April 20, 1977.
6. The following request to fill personnel
vacancies was approved: (A report from the
City Manager)
(1203F)
(a) One Police Captain position in the
Police Department to fill a position to
be vacant.
(b) One Police Lieutenant position in the
Police Department to fill a position to
be vacant.
(c) One Police Sergeant position in the
Police Department to fill a position to
be vacant.
(d) One Engineering Aide II position in the
Public Works Department to fill a position
to be vacant.
(e) One Police Officer position in the
Police Department to fill a position to
•
be vacant.
7. The following staff reports were received and
ordered filed:
(a) Removed from the Consent Calendar.
(b) A report from the Administrative Assistant
OrCo
to the City Manager regarding the Orange
Airport
County Airport Commission meeting of
(195)
December 6, 1977. (Attached)
8. The work on the Jamboree Road Resufacing -
Jamboree Rd
San Joaquin Hills Road to Ford Road, Contract
Resurfacing
No. 1971, was accepted; and the City Clerk
(1660)
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)
9. The following maintenance dredging harbor
Harbor
permits were approved subject to the conditions
Permit
of approval under the general permit issued
(304F)
by the Corps of Engineers: 11109 -2009, Peter
O'Shea, 2009 East Balboa Boulevard, 11114 -350,
Allen O'Brien, 350 Buena Vista; and 11140 -16,
John Porter, 1116 Harbor Island. (A report
from the Marine Department)
Volume 31 - Page 324
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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9� 9f �� y yid
ROLL CALL December 19, 1977
10. The following expense accounts were approved:
Expense
•
Councilman Kuehn in the amount of $383.78 for
Accounts
attendance at the National Congress of Cities
in San Francisco December 3 - 5; and Mayor
Dostal in the amount of $655.13 for attendance
at the N.O.I.S.E. Board of Directors' meeting,
a meeting of the Environmental Quality
Committee of the National League of Cities
and the National Congress of Cities in San
Francisco December 2 - 7.
11. The following budget amendments were approved:
BA -41, $525.00 increase in.Budget Appropriations
for purchase of blackout drapes for the OASIS
Center, from Unappropriated Surplus to PB &R-
Senior Citizen, Furniture and Fixtures, Park
and Recreation Fund. (A report from the
Parks, Beaches and Recreation Director)
BA -42 through BA -47 Removed from the Consent
Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Purchasing
Budget
Agent regarding wireless microphones.
Amendments
Motion
x
Councilman Rogers made a motion to delete
x
x
Budget Amendment No. BA -42 in the amount of
�es
es
x
x
x
x
x
$950.00 for the purchase of wireless micro-
phones, which motion failed to carry.
BA -42, $950.00 transfer of Budget Appropriations
for purchase of wireless microphones, from
Motion
x
Unappropriated Contingency Reserve to Non -
Ayes
x
x
x
x
x
x
departmental, Equipment, N.O.C., General
Noes
x
Fund, was approved.
2. BA -43, $16,000.00 increase in Budget Appropria-
tions and decrease in Unappropriated Surplus
for cement - mortar lining cast iron water
Motion
x
pipe - West Newport and Balboa Peninsula,
Ayes
x
x
x
x
x
x
x
Water Fund, was approved.
3. A report was presented from the Community
Development Department regarding the testing
of land use and circulation alternatives
using the Traffic Model, as recommended by
the Planning Commission, in connection with
the General Plan Review.
BA -44, $12,000.00 increase in Budget Appropria-
tions for consultant services required for
testing of two land use alternatives and two
modifications to the circulation system using
the traffic model, from Unappropriated Surplus
to Develop Transportation Model- General Plan,
•
General Fund, was also presented.
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Volume 31 - Page 325
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL \
MINUTES
IN f1FY
ion
x
BA -44 is to be brought back to the Study Session
s
x
x
x
x
x
x
x
and the evening meeting on January 9 with justifi-
cation for the budget request plus a complete,
up -to -date analysis.
4. BA -45, $35,000.00 increase in Budget Appropria-
tions and decrease in Unappropriated Surplus for
street improvements to Irvine Avenue in connection
with the construction of the Irvine- Baycrest
storm drain from Unappropriated Surplus to
Motion
x
Street Improvements /Irvine Avenue, State Gas Tax
Ayes
x
x
x
x
x
x
x
Fund (Sec. 2106), was approved.
5. BA -46. $20,000.00 increase in Budget Appropria-
tions and increase in Revenue Estimates,
groundwater study of the Bluffs Area of the
City - $4,000.00 to be donated by the developer,
from Unappropriated Surplus and Donations and
Contributions, General Fund, was presented.
Community Development Director Dick Hogan stated
that he had been informed by the contractor that
since their proposal had been submitted last
July and the work could not begin until February,
there would be an increase in cost estimated to
be $2,200, and that the proportionate share of
this increase for the developer would be $400.00.
Jim Dooley, representing Holstein Industries,
addressed the Council and stated they would be
•
willing to pay their proportionate share of the
increase.
Motion
x
BA -46, as amended to show the City's share to be
Ayes
x
x
x
x
x
$21,800.00 and the developer's contribution
Noes
x
$4,400.00, was approved.
Abstain
x
6. BA -47, $11,000.00 increase in Budget Appropriations
for construction of site improvements at the
16th Street Utility storage yard - Phase II,
C -1942, from Unappropriated Surplus to Construct
Motion
x
16th St. Utility Storage Yard, Water Fund, was
Ayes
x
x
x
x
x
x
x
approved.
7. A report was presented from the Community Develop-
Eastbluff
ment Department regarding the groundwater study
Drainage
in the Bluffs area.
(2336)
Resolution No. 9254, authorizing the Mayor and
R -9254
City Clerk to execute an agreement between the
Motion
x
City of Newport Beach and James M. Montgomery
Ayes
x
x
x
x
x
x
Consulting Engineers, Inc. for a study of the
Abstain
x
groundwater conditions in the Bluffs, was adopted.
8. A letter from Richard J. Huffman was presented
Curb Cut
requesting a delay in the closing of his curb
Abatements
cut at 708 Jasmine Avenue since he is planning
(687)
•
to build a garage which could utilize the present
curb cut.
Richard Huffman addressed the Council.
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Volume 31 - Page 326
CITY OF NEWPORT BEACH
COUNCILMEN
9 OO PA �\
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ROLL C December 19, 1977
loon
Ayes
Motion
Ayes
Abstain
Motion
Ayes
Ll
MINUTES
Pending
Legislation
(1243)
Hoag
Hospital
(1830)
R -9255
The closing of the curb cut at 708 Jasmine
x
Avenue was delayed for six months, and is to be
•
x
x
x
x
x
x
brought back to Council for review after that time.
9. A report was presented from the City Attorney
regarding pending legislation.
The staff was directed to prepare correspondence
supporting or opposing the bills as recommended
x
by the City Attorney in his legislative digest
•
x
x
x
x
x
with the exception of AB 1265, and the report was
x
ordered filed.
ADDITIONAL BUSINESS:
1. A letter to the City Manager from Hoag Memorial
Hospital Presbyterian was presented asking the
City Council to endorse their application to the
office of Statewide Health Planning and Develop-
ment of the State Department of Health for
permission to increase their intensive care
service from thirteen to twenty beds.
Resolution No. 9255, supporting the application
x
of Hoag Hospital to expand the number of intensive
•
x
x
x
x
x
x
care beds, was adopted.
Mayor Dostal declared the meeting adjourned at 10:15
10:15 p.m.
Mayor
ATTEST:
EW��T
City Clerk ®Q
c� /_loft
Volume 31 - Page 327
Pending
Legislation
(1243)
Hoag
Hospital
(1830)
R -9255