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HomeMy WebLinkAbout03/27/1978 - Regular MeetingCOUNCILMEN 9 �P%P fir � AN �2'N ROLL CALL_ \ IWIS Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: March 27, 1978 MINUTES TIMOV:i1 Went x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion x March 13, 1978 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 McKinnon the appeal of Roger McKinnon from a condition Appeal imposed by the Planning Commission in approving (2903) Modification No. 2188, a request to permit additions to and remodeling of an existing single - family dwelling located at 3207 Ocean Boulevard between Larkspur Avenue and Marguerite Avenue in Corona del Mar; zoned R -1. The condi- tion being appealed restricts the replacing of an existing non - conforming entry stair with a new Building Code conforming stairway. A report was presented from the Community Development Department. The appeal application of Roger McKinnon was • presented. Letters opposing the Modification were received after the agenda was printed from Ruth B. Nelson, Pere and Cloyse Endsley, R. M. Wolff, Marian Haberman and from attorney Tully H. Seymour representing Mr, and Mrs. Edward T. Maloney and a number of their neighbors. Roger McKinnon, applicant, addressed the Council. Robert Altevers, architect for Mr. McKinnon, gave a slide presentation and projected the floor plan on a screen. Motion x Mr. Altevers was granted four additional minutes Ayes x x x x x x x for his presentation. Motion x Mr. Altevers was granted two more minutes for Ayes x x x x x x x his presentation. The following people addressed the Council in opposition to the Modification: Tully Seymour, attorney for Mr. and Mrs. Edward T. Maloney, who also presented a letter from Mr. and Mrs. Alec B. Ferguson; Ed Maloney, who presented a letter and a picture; Sam Howard and Mrs. Michael McNally. • Albert Trondle addressed the Council regarding street sweeping problems in Balboa. i Volume 32 - Page 60 ;- I , f EtA.CH COUNCILMEN MINUTES i 9 00 \n 9 � $ Fp i� 9F�9C 0� Sa �7iu, �S\�\ March 27 1978 ROLL CALL IN ion x The hearing was closed after it was determined es x x x x x x x that no one else desired to be heard. Motion x Councilman Kuehn made a motion to uphold the decision of the Planning Commission and deny the appeal application. Motion x Councilman Williams made a substitute motion to Ayes x x refer Modification No. 2188 back to the Planning Noes x x x x x Commission, which motion failed to carry. A vote was taken on Councilman Kuehn's motion, Ayes x x x x x x which motion carried and the Planning Commission's Noes x decision approving Modification No, 2188, subject to certain findings and conditions, was upheld. 2. Mayor Dostal opened the public hearing regarding District Ordinance No. 1762, being, Map 24 0 -1762 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (556) AMENDING A PORTION OF DISTRICTING MAP NO. 24 TO RECLASSIFY FROM THE UNCLASSIFIED DISTRICT TO THE R -3 DISTRICT AND THE C -1 J DISTRICT AND ESTABLISHING FRONT, SIDE AND REAR SETBACKS FOR EXISTING AND PROPOSED DEVELOPMENT ON CERTAIN PROPERTY LOCATED AT 2101 AND 2121 EAST COAST HIGHWAY AND 777 AVOCADO AVENUE; • Planning Commission Amendment No. 503, a request of the Bank of Newport to amend a portion of Districting Map No. 24 for existing and proposed development on property located at 2101 and 2121 East Coast Highway and 777 Avocado Avenue on property bounded by East Coast Highway, Avocado Avenue, Kewanee Drive, and Zahma Drive, adjacent to Irvine Terrace, zoned Unclassified. A report was presented from the Community Development Department. The City Attorney stated he had been advised that four Councilmen apparently had a conflict of interest on this item as well as the next item on the agenda since Mayor Pro Tem Barrett and Councilman McInnis have loans with the Bank of Newport in excess of $250.00, Councilman Rogers owns stock in the bank worth more than $1,000.00 and Mayor Dostal's children own stock in the Bank worth more than $1,000.00, which would ordinarily require them to step down and refrain from voting on these matters; that this would leave the Council without a quorum, and no action on these applications could legally be made; that by State law and City Charter the only appropriate decision - making authority to rule on the matter was the City Council; and that under these circumstances, the law provides under a "Rule of Necessity" that upon disclosing the nature of their interest and affirming for the record that he or she has attempted in no way to use his or her position to influence any i Volume 32 - Page 61 COUNCILMEN .POC�� v �o� 9 �n �� RAI I r I �\ �� \ March 27. 1978 MINUTES • other public official with respect to these matters the affected Councilmen would be eligible to vote. Councilman Rogers stated that she had not been involved personally with anyone regarding the subject, but would prefer to step down for conflict of interest. Mayor Dostal also announced that he had not discussed the matter or tried to influence any other Councilman but was also declaring conflict of interest and stepping down. Mayor Dostal then turned the gavel over to Vice Mayor Barrett. Vice Mayor Barrett stated that he had miscel- laneous loans with Bank of Newport in excess of $250.00 but had not talked with any other member of the Council nor tried to influence anybody on this issue, and that by the Rule of Necessity and by making public his position, he would remain and participate in the vote. Councilman McInnis stated that he had an outstand- ing loan with the Bank of Newport valued at more than $250.00 and that his wife also had a business loan with the Bank of Newport that exceeds $250.00, he affirmed that he had not attempted • in any way to influence anyone on this matter, including any other Councilman, and stated that he would remain seated. These disclosures were made pursuant to Section 87101 of the California Government Code and Division 6, Title 2, Section 18701 of the Cali- fornia Administration Code. Bill Ficker, architect for the Bank of Newport, addressed the Council and stated that they concurred with the findings and conditions of the Planning Commission. C. M. Gepfert, President of the Irvine Terrace Homeowners Association, addressed the Council in favor of the rezoning. The following people addressed the Council in opposition to the rezoning: Barry Allan; Dave Shores; Richard A. Nelson, who presented pictures; Val Skoro and Jim Forsyth. Hal Thomas was informed that the widening of Coast Highway would involve the north side of the highway and would not affect the zone change. Motion x The hearing was closed after it was determined es x x x x x that no one else desired to be heard. bsent x x Motion x Ordinance No. 1762 was adopted. Ayes x x x x x Absent x x Volume 32 - Page 62 CITY OF NEWPORT BEACH COUNCILMEN \Pp 9 pp ROLL CALL r\ � March 27, 1978 MINUTES • 3. Mayor Pro Tem Barrett opened the public hearing Tract 10274 regarding Tentative Map of Tract No. 10274, a request of the Bank of Newport to subdivide 5.507 acres into one lot for multiple family residential condominium development and one lot for commercial development adjacent to Irvine Terrace on property located at 2101 and 2121 East Coast Highway, Avocado Avenue, Kewanee Drive, and 2ahma Drive; zoned Unclassified. A report was presented from the Community Development Department. Bill Picker, architect for the Bank of Newport, addressed the Council and stated that they concurred with the findings and conditions and urged approval. Richard A. Nelson addressed the Council and opposed the Tentative Map. Motion x The hearing was closed after it was determined Ayes x x x x x that no one else desired to be heard. x x Motion x Councilman Kuehn made a motion to approve the Tentative Map of Tract No. 10274, incorporating by reference the findings and conditions recom- mended by the Planning Commission, and with the added condition that the builder deposit monies toward the cost of a traffic signal at Avocado and Pacific Coast Highway; and asked that prior to any construction, the Council direct an inquiry to the Traffic Affairs Committee to accomplish a four -way stop at Avocado and Kewanee. Councilman McInnis asked that the motion be amended to ask the builder to deposit securities rather than monies, which amendment was accepted by the maker of the motion. Councilman Ryckoff asked that the motion be amended to condition the construction upon prior completion of the signal, which amendment was not accepted by the maker of the motion. Ayes x x x x x A vote was taken on Councilman Kuehn's amended Absent x x motion, which motion carried. Councilman Rogers and Mayor Dostal resumed their seats at the Council table. 4. Mayor Dostal opened the public hearing regarding Coastal the adoption of Issue Identification and Work Development Program for transmission to the Coastal Commission (709) for approval and funding as part of the City's • total work program for the Local Coastal Program. A report was presented from the Community Development Department. i Volume 32 - -Page 63 reaw -" a • a Im: _..fit L• �"? COUNCILMEN \Ll� p"P,t\ n ROLI C �\ \ March 27, 1978 MINUTES LT T • A letter from the Director of the Environmental Coalition of Orange County, Inc. was presented stating that the document entitled "Local Coastal Plan" is deficient in several areas. David Dmohowski, Advanced Planning Administrator, gave a brief staff report. Hal Thomas, Director of the Environmental Coalition of Orange County, addressed the Council and reiterated his feeling as expressed in his letter that the Local Coastal Plan is deficient in several areas and also his feeling that the public testimony was not being included properly. Preston Johns of the Department of Fish and Game addressed the Council and asked that a reference to the Department's adopted objectives be included in connection with their development plan for the Upper Bay Ecological Reserve. Jerry King, Chairman of the Environmental Quality Citizens Advisory Committee, addressed the Council regarding the Committee's concerns in connection with additional traffic. Councilman Williams asked that the report include consideration of adequate buffers • between development areas and the Upper Bay Ecological Reserve. Councilman Ryckoff asked for revision of the section dealing with circulation system capacity. 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 Issue Identification and Work Program for the Local Coastal Program was approved as amended; and Resolution No. 9295, authorizing R -9295 submittal of the Local Coastal Program Issue Motion x Identification and Work Program, revised March 27, Ayes x x x x x x x 1978, and funding application to the California Coastal Commission, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1759, being, Harbor Regs 0 -1759 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (386) AMENDING CHAPTER 17.41 ENTITLED "COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT HARBOR" OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO HARBOR REGULATIONS, was presented for second reading. • A report was presented from the Marine Department. A letter from the Lido Sailing Club was presented regarding their operation. i Volume 32 - Page 64 CITY OF NEWPORT BEACH COUNCILMEN p 4 A O\ L\ o v9 os, �� ct^ vo y 22 ROLL CALL \ \ March 27, 1978 MINUTES IN DFX • Letters objecting to the Lido Sailing Club operation and /or the houseboat used by the Club were presented from Mrs. E. G. Carter and Virginia Dey. John Dryden addressed the Council and asked that the houseboat in connection with the Lido Sailing Club operation be removed. Motion x Ordinance No. 1759 was adopted. Ayes x x x x x x x CONTINUED BUSINESS: 1. A report was presented from the Community Develop- Tract 9620 ment Department regarding the Final Map of Tract No. 9620, a request of The Irvine Company to subdivide 10.36 acres into twenty -nine lots for residential development and two lots to be developed as landscape open space on property located southwesterly of Westcliff Drive between Dover Drive and Santiago Drive in Westcliff; zoned P -C. Keith Greer, representing The Irvine Company, addressed the Council and stated that the Company concurred with the staff report. • The Final Map of Tract No. 9620, incorporating by reference the condition recommended by the Motion x Planning Crommission, was approved; and Resolution R -9296 Ayes x x x x x x No. 9296, authorizing the Mayor and City Clerk to Noes x execute an agreement between the City of Newport Beach and The Irvine Company for construction of improvements in Tract No. 9620, was adopted. 2. A report was presented'from the Public Works Mariners Department regarding construction of a drafting Fire Stn pit, enlargement of the parking lot at Mariners (2726) Fire Station, and construction of handball courts Mariners at Mariners Park, Contract No. 2002. Park (1033) Stan Cole, a member of the Parks, Beaches and Recreation Commission, addressed the Council and stated that the Commission felt that the parking unit and handball court should be constructed concurrently, and that the drafting pit had not been part of the original consideration. Motion x Mayor Dostal made a motion to approve the plans and specifications for the construction of a drafting pit, enlargement of the parking lot at Mariners Fire Station, and construction of handball courts at Mariners Park, Contract No. 2002; and to authorize the City Clerk to advertise for bids to be opened at 2:30 p.m. on May 10, Con 1978. x Councilman Ryckoff made a substitute motion for Ayes x x x x the bids to be obtained on the entire project Noes x x x with bidders required to provide a price breakdown i Volume 32 - Page 65 COUNCILMEN -Pa � y ao �.c �o s'o C,�Ds\ Fg �2 c�.p� v� FT9� O � y \ys m ROLL. C ®LL \ \ Mnvrh 77. 107R MINUTES kTIWT • for the three items, and to include a stipulation in the bid document permitting the Council to accept the entire bid or any portion thereof, the bid opening date to remain the same, which motion carried. Mayor Instal asked that the Minutes reflect the fact that he wanted the entire bid placed before the bidders. 3. A proposed resolution was presented establishing Citizens a Citizens Budget Review Advisory Committee, Budget Rev its duties and responsibilities. Adv Cmte (2892) Motion x Councilman Ryckoff made a motion to adopt the Ayes x x x resolution, which motion failed to carry. Noes x x x x CURRENT BUSINESS: 1. A report was presented from the Parks, Beaches Surfing and Recreation Commission regarding ocean front Regs surfing. (281) Letters opposing the proposed area for board surfing only and /or urging retention of the present arrangement were presented from the • following: Terry W. Chastain, Frances and Paul Gibbs (2), Don Anderson, Jim and Janet Aldrich, Isabelle Pease, Ray Parker, Mr. and Mrs. Jungclas, Jr., Lido Sands Community Association, Sally S. Langmade, Russell M. Beaumont, Ernest K. Egunseland, Jack D. and Adrienne Hughes, Vicki Orr, Marion D. Burns, James M. Gaylord and Sandra Guyer. Gary Lovell, member of the Parks, Beaches and Recreation Commission, addressed the Council and gave the Commission's rationale on the proposed change. Motion x Mr. Lovell was granted three additional minutes Ayes x x x x x x x for his presentation. Jack Gamaus and Tim Rysdale addressed the Council in favor of the proposed change in surfing regulations. The following people addressed the Council and opposed the proposed change in surfing regulations: Greg Ranker, President of the Lido Sands Community Assotiation; Robert Fitzpatrick; Jack Hughes; Dave Anderson; Bill Sauder; Dan Wiener, Vice President of the Lido Sands Community Association; Pete Hoffman and Russ Beaumont. Kendall Jacobsen; Assistant Director of the • Marine Department, gave a brief staff report. Motion x The proposal of the Parks, Beaches and Recreation Ayes x x x x x x Commission to change the surfing regulations was Noes x rejected. i Volume 32 - Page 66 • ' �_ COUNCILMEN T March 27, 1978 p o ROLL C 9 MINUTES lftlncM • 2. A report was presented from the Public Works 32nd St Department regarding the 32nd Street property Property exchange. Exchange (35) Motion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9297 authorizing the Mayor and R -9297 City Clerk to execute an agreement between the City of Newport Beach and the Southern Pacific Land Company in connection with the 32nd Street Property Exchange. Resolution No. 9298 authorizing the Mayor and R -9298 City Clerk to execute a Corporation Grant Deed transferring Parcels F and H to the Southern Pacific Land Company in connection with the 32nd Street Property Exchange. Resolution No. 9299 accepting a Grant Deed from R -9299 the Southern Pacific Land Company in connection with the 32nd Street Property Exchange. 3. A letter from Eric D. Welton, President of Tract 9291 Welton & Company, was presented requesting that the annexation of Tract 9291 (transfer from the City of Costa Mesa, located northeasterly of Tract 7989 on an extension of Sundance Drive) be • considered at the April 10, 1978 meeting instead of the June date previously set. Motion x The staff was requested to prepare a report Ayes x x x x x x x concerning the City's annexation policies, and to consider the annexation of Tract 9291 at the meeting of April 24. 4. A letter addressed to Councilman Kuehn from Bicycle William H. Bertsch was presented resigning from Trails the Bicycle Trails Citizens Advisory Committee CAC since he is moving out of the City. (205F) Motion x Mr. Bertsch's resignation was accepted with regret; Ayes x x x x x x x and (District 6) Councilman Kuehn's appointment of Thomas Schulman as a member of the Bicycle Trails Citizens Advisory Committee to fill the unexpired term of William H. Bertsch ending December 31, 1978 was approved. 5. A letter from Orange County Division of the League League of California Cities was presented regarding the Calif Cities Division vacancies on Committees and Commissions. Cmtes (2527) Motion x It was directed that any member of the Council Ayes x x x x x x x who desires nominees to serve on any of the commissions or committees contact the Mayor's office for transmittal to the Orange County Division. • i Volume 32 - Page 67 • • c ? COUNCILMEN MINUTES PA -p 9 00 `r March 27, 1978 �ni i rAi i � . CONSENT CALENDAR: Motion 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. 9300 authorizing the City Disasters Manager to make application for financial R -9300 assistance under the Federal Disaster (512) Relief Act. (A report from the City Manager) (b) Resolution No. 9301 authorizing the Mayor BI Bridge and City Clerk to execute an amended R -9301 Agreement for Professional Engineering (725) Services between the City of Newport Beach and Converse, Davis, Dixon Associates for soil report on Balboa Island Bridge. (A report from the Public Works Department) (c) Resolution No. 9302 awarding a contract to Marinapark Pacific Tennis Courts, Inc. in connection R -9302 with Marinapark improvement, Contract No. (209) 1921, for $115,776.80. (A report from the Public Works Department) (d) Resolution No. 9303 awarding a contract to Grand Canal Submarine Engineering Associates in connec- Water /Sewer tion with water and sewer main replacement Main Rep]. • across the Grand Canal - Balboa Island, R -9303 Contract 1959. (A report from the Public (2881) Works Department) (e) Resolution No. 9304 authorizing the Mayor PB &R and City Clerk to execute an agreement Sailing between the City of Newport Beach and Hobie Program Newport (Catamaran Sailing Lessons). (A R -9304 report from the Parks, Beaches and Recreation (128) Director) (f) Resolution No. 9305 authorizing the Mayor Marinapark and City Clerk to execute a Consent to Sale R -9305 of Mobilehome and Trailer Space in Newport (209) Marinapark (Fei and Zuckerman). (A report from the City Attorney) (g) Resolution No. 9306 authorizing the Mayor Marinapark and City Clerk to execute a Consent to Sale R -9306 of Mobilehome and Trailer Space in Newport (209) Marinapark (Gilbert and Fei). (A report from the City Attorney) 2. The following communications were referred as indicated: (a) To staff for report back, a petition bearing Carnation Av 16 signatures from residents of Carnation Beach /Street • Cove requesting that action be taken to End alleviate the problems caused by the (847) tremendous force of the water rushing from the storm drain and the litter that is i Volume 32 - Page 68 A1111KA61WIAT F COUNCILMEN �0 y �0 u FG �C, G'�� p n �ys� 6301 I C61 1 March 27, 1978 MINUTES INDEX • deposited on the beach; and a letter from Merle E. Tracy enclosing pictures of the storm drain emptying into the bay after one of the recent storms. (Copies mailed to Council) (b) To Pending Legislation and Procedural Property Tax Ethics Committee, a resolution from the Reduction City of Antioch opposing the Jarvis -Gann (2833) Initiative and Supporting and Urging the State Legislature to Enact a Suitable Property Tax Reform Measure. (Copies mailed to Council) (c) To staff for inclusion in ongoing study, a Jetty Bulkhd letter from Curtis Herberts enclosing a Channel Rd/ letter that he has written to the U.S. Army Ocean Blvd Corps of Engineers regarding the problem of (107) wave action and destruction in the jetty area, and requesting that the City Council review the problem with the U. S. Corps of Engineers to remedy the situation. (Copies mailed to Council) (d) To staff for inclusion in ongoing study, a OrCo letter and resolution from the Inter - County Airport Airport Authority "Stating its Position on (195) Preconceived Solutions to Airport Site Location Studies." (Copies mailed to Council) (e) To staff, a resolution from the City of SoEast Irvine "Supporting the San Joaquin Hills OrCo Transportation Corridor and Endorsing the Circulation Specific Alignment Indicated on Exhibit Study 'A'." (Copies mailed to Council) (2158) (f) To staff for reply, a letter from Mary Jane Npt -Bal Sanborn and Jeanne Pittinger asking permis- Pier sion to address the Council and present a Concession proposal for activating the Balboa Pier (726) facilities. (Copies sent to Council) (g) To the City's representative to League of League California Cities, a letter from the Orange Calif Cities County Division advising that the subject (2529) of a Congress of Orange County Cities will be discussed at the April 13 executive meeting. (Copies mailed to Council) (h) To the City's representative to the League League of California Cities, a letter from the Calif Cities Orange County Division advising that their (2529) proposed 1978 -79 Budget and the proposed assessment schedule based on 2.25c per capita will be taken up at the April 13, • 1978 meeting. (Copies mailed to Council) i Volume 32 - Page 69' rum COUNCILMEN MINUTES 0'P C�sC\tp q� g�TZa �2�N ROLL CALL N\ \ March 27, 1978 IN f)F If • (i) To staff for report back at next Study CATV Session, a letter from Teleprompter reporting (6) their progress on cable installations in Newport Beach in compliance with the City's Resolution No. 8614. (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 Local Agency Formation LAFCO Commission of Orange County advising that (20) the term of office for the LAFCO Regular Public Member expires May 1 and asking that anyone interested in being considered submit a resume. (Copies mailed to Council) (b) A resolution from the City of Westminster "Reciting the Result of Votes Cast in a General Municipal Election Held March 7, 1978, Relating to the United States Retaining Control of the Panama Canal." (Copies (1429) mailed to Council) (c) Notice of Public Hearing before the Orange County Board of Supervisors on a proposed • zone change of property located westerly of Superior Avenue, southerly of Production Place and easterly of Monrovia Avenue totaling 52 more or less acres. (Copies (20) mailed to Council) (d) A Notice before the Public Utilities Commission resetting the hearing of Pacific Western Stage Lines, Inc. for a Certificate of Public Convenience and Necessity to operate a sightseeing tour service between points in Los Angeles and Orange Counties and points in Newport Beach. (20) (e) Agenda of the Board of Supervisors meetings of March 14, 15, 21 and 22, 1978. (20) (f) 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 Ann Latham for property damage to Latham her vehicle when it was sideswiped by a (2893) City vehicle on March 18, 1978 at 323 East Bay Front, Balboa Island. (b) Claim of Yvonne and Richard Donaher for Donaher personal injuries to Mrs. Donaher when she (2894) • was involved in an automobile accident on December 27, 1977 at Jamboree and Ford Roads while Jamboree Road was under construc- tion, allegedly due to the City's failure to maintain proper regulating devices. i Volume 32 - Page 70 CITY OF NEWPORT BEACH COUNCILMEN \� 9 CQ \N\ s ROLL CALL \ March 27. 1978 MINUTES • (c) Claim of James Thomas Williams for property Williams damage to his automobile on March 14, 1978 (2895) at 18th and Balboa Boulevard.when his car was splashed with tar as he drove over cracks which were being tarred by workmen from the City. (d) Claim of Alvin Salvetti for personal Salvetti injuries which occurred on December 7, 1977 (2896) when he fell on the sidewalk in front of 3905 Channel Place, allegedly due to a defective sidewalk. (e) Claim of Judy Reed for personal injuries Reed and items of special damage which occurred (2897) on January 23, 1978 when she fell at the corner of Scott and Corinthian Way on debris in the street, allegedly due to negligence on the part of the City. (f) Claim of John Robert O'Hara for property O'Hara damage due to the flooded condition of the (2898) alley between Iris Avenue and Jasmine Avenue on February 28, 1978 when his motorcycle and car were flooded. (g) Claim of Betty E. McConkey for personal McConkey injuries sustained on March 10, 1978 when (2899) she stepped off the sidewalk and turned her ankle on a crack in the street pavement which was covered with rainwater at Bay and 15th Streets, alleging back and ankle injuries due to City negligence. (h) Claim of Lee A. and Cynthia K. Rubin for Rubin property damage to their automobile when a (2900) City tree fell on it on February 10, 1978 at •315 Heliotrope Avenue. (i) Claim of Debbie Rieder for property damage Rieder to her car on January 11. 1978 when a City (2901) trashman accidently scratched her car with a trash can in the alley at 1532A Miramar Drive, Balboa. (j) Claim of Howard Forster for property damage Forster on December 27, 1977 when a water main (2902) broke two houses down from their residence at 1309 Dolphin Terrace and the dirt and debris from the broken main entered the hot water circulating pump and caused it to freeze. 5. The following application for Leave to Present Late Claim was denied: (a) Application for Leave to Present Late Claim of Zarrinnegar Ali Zarrinnegar for towing costs incurred on (2904) • September 13, 1977 when his car was allegedly towed away in error from the 200 block on Grant Street. i Volume 32 - Page 71 COUNCILMEN MINUTES -p 9 00 -P 9 F i OcM� V P� 9 0 S �� T ROL1. Cdl 1 �\ \\ March 27. 1978 mincer • 6. The following request to fill personnel vacancies was approved: (A report from the City Manager) (1203F) (a) One Library Assistant position in the Library to fill a position now vacant. (b) One City Librarian position in the Library to fill a position to be vacant. (c) One Legal Secretary position in the City Attorney's office to fill a position now vacant. (d) One Parking Control Officer I in the Police Department to fill a position now vacant. 7. The following staff report was received and ordered filed: (a) A memorandum from the Public Works Depart- Traffic ment in response to the letter from the Complaints Eastbluff Homeowners Community Association (1154F) asking that action be taken to reduce noise and speed levels as recommended by the Association. (Attached) 8. Set for public hearing on April 10, 1978: • (a) Planning Commission Amendment No. 504, a Newport request of Emkay Development and Realty Place Company to amend the Planned Community PC Stda Development Standards for Newport Place to (1275) allow the Planning Commission to grant ex- ceptions to the minimum lot size requirement of 30,000 square feet in the Planned Com- munity, and the acceptance of an environ- mental document on property known as Tract 7382, bounded by Birch Street, MacArthur Boulevard, and Bristol Street North in Newport Place; zoned F -C. (A report from the Community Development Department) 9. The City Attorney was authorized to retain Donald Airport E. Olson, Airport Consultant, with fees to be Growth paid from the Airport Growth Control Fund (maxi- Control mum $3,000). (A report from the City Attorney) Fund (2853) 10. The work on the Superior Avenue Improvements from Placentia Avenue to Industrial Way, Contract No. Superior 1665, was accepted; and the City Clerk was Av Impry authorized to file a Notice of Completion and (2078) release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 11. The public improvements constructed in conjunction Resub 520 with Resubdivision No. 520, located at the (2615) • northeast corner of West Coast Highway'and Orange Street (Newport Shores) was accepted; and the City Clerk was authorized to release the I Volume 32 - Page 72 CITY OF NEWPORT BEACH COUNCILMEN 'P s o0 'PL �.p 9 pFj,9! �.a ROLL C ®LIB \ \ March 27. 1978 MINUTES Inr.TAM • Faithful Performance Surety (Time Certificate of Deposit No. 1223 issued by the Bank of Newport on February 18, 1977), and to release the Labor and Materials Surety (Time Certificate of Deposit No. 1224 issued by the Bank of Newport on February 18, 1977) in six months provided no claims have been filed. (A report from the Public Works Department) 12. Mayor Dostal's expense account in the amount of $103.90 for attending and presiding over the meeting of the Environmental Quality Committee of the California League of Cities in San Francisco on March 16, 1978 was approved. 13. The following budget amendment was approved: BA -73, $2,720.00 increase in Budget Appropriations for partitioning of the Technical Services room in the Police facility, from Unappropriated Surplus, Federal Revenue Sharing Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter to Mayor Dostal from Gordon Harvin Griswold Glass, AIA, was presented protesting the action Property of Planning Commissioner Hummel in speaking as a (2905) private citizen at the February 27 Council • meeting in opposition to the acquisition of the Griswold property adjacent to Begonia Park. Motion x Councilman Williams made a motion to receive the letter and order it filed. Gordon Glass addressed the Council regarding his letter. Motion x Councilman McInnis made a substitute motion to Ayes x x x x x x refer the letter to the Pending Legislation and Noes x Procedural Ethics Committee, which motion carried. ADDITIONAL BUSINESS: 1. A proposed Council Policy regarding fund raising Council by boards, commissions and committees was Policy presented. - (430F) Motion x Council Policy F -18, "Fund Raising" was adopted. Ayes x x x x x x x 2. A letter was presented from the Central Newport Central Parking Committee regarding Wilbur Smith and Newport Associates' draft report, "Parking Program Parking Feasibility - Central Newport Beach Parking (2745) Study," suggesting that CALTRANS be asked to delay the sale of the portion of property on West Coast Highway between Superior Avenue and • Newport Boulevard to allow the City to investi- gate the feasibility of using the property in connection with a peripheral parking concept. i Volume 32 - Page 73 i, COUNCILMEN .p sg A O k Oct! /9Pff u+co�Fg 2Z A� 4 RAI 1 (: ®I I \\ \ March 27, 1978 MINUTES ion x The Mayor was authorized to send a letter to yes x x x x x x x CALTRANS asking that the sale of the property on Pacific Coast Highway between Superior Avenue and Newport Boulevard now scheduled for June 1, 1978 be delayed. The Mayor adjourned the meeting at 12:32 a.m., March 28, 1978. Mayor ATTEST: Cit Clerk c i Volume 32 - Page 74