HomeMy WebLinkAbout09/25/1978 - Regular MeetingCOUNCILMEN
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ROLL CALL mod' T\'P
CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: September 25, 1978
MINUTES
INDEX
Present
x
x
x
x
x
x
x
A. Roll Call.
M tion
x
B. The reading of the Minutes of the Regular Meeting
Ayes
of September 11, 1978 was waived, and said
Minutes were approved as written and ordered
filed.
Motion
x
C. The reading in full of all ordinances and
All Ayes
resolutions under consideration was waived, and
the City Clerk was directed to read by titles
only.
D. HEARINGS:
1. Mayor Ryckoff opened the public hearing regarding
Quist & I]
the denial of the proposed signing requested in
Appeal
connection with the application for Use Permit
(3062)
No. 1879 (Revised) by Quist & Hayes for Shell
Oil Company to reconstruct and upgrade an automo -.
bile service station in the C -1 District at 3600
E. Coast Highway, Corona del Mar. The proposed
development includes the use of prefabricated
modular buildings.
A report was presented from the Community
Development Department.
Mr. Frank Fossati, representing the Shell Oil
Company, addressed the Council regarding the
proposed signing and offered for viewing a
•
photograph of the sign.
Motion
x
Mr. Fossati was granted two additional minutes
All Ayes
for his presentation.
Motion
x
The hearing was closed after it was determined
All Ayes
that no one else desired to be heard.
Motion
x
The decision of the Planning Commission was
Ayes
x
x
x
x
upheld including the findings and conditions
Noes
x
x
x
recommended by the Planning Commission.
2. Mayor Ryckoff opened the public hearing in
Weed
connection with the Fall 1978 -79 Weed Abatement
Abatement
Program, in compliance with Resolution No. 9427
(150F)
to consider objections and protests, if any, to
the proposed abatement of weeds and other public
nuisances.
Motion
x
The hearing was closed after it was determined
All Ayes
that no one desired to be heard.
Resolution No. 9432, ordering the Fire Chief to
R -9432
abate weeds and other public nuisances upon
Motion
x
streets alleys, sidewalks, parkways and private
All Ayes
property within the City, was adopted.
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Volume 32 - Page 241
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COUNCILMEN
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ROLL CALL 9�s' \yes
Motion
All Ayes
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x
Motion x
Ayes x x
Noes x x x x
Abstain ix
Motion
4 Ayes
x
CITY OF NEWPORT BEACH
MINUTES
September 25, 1978
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1782, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADDING SECTION 1.12.070(7) TO THE NEWPORT
BEACH MUNICIPAL CODE TO GRANT AUTHORITY TO
CODE ENFORCEMENT OFFICER TO CITE FOR
VIOLATIONS OF TITLE 20,
was presented for second reading.
A report to the City Manager from the Police Chief
was presented.
Ordinance No. 1782 was adopted.
F. CONTINUED BUSINESS:
Mayor Pro Tem Williams stepped down from the Council
table due to a possible conflict of interest on the
next item.
1. A letter dated August 9 from Shir Ha- Ma'alot
Harbor Reform Temple and a letter from St. Marks
Presbyterian Church was presented regarding the
new facility they are building at 2100 Mar Vista
and asking for exemption from the requirement
for excise tax and for a waiver of plan check
and building permit fees.
A report was presented to the City Manager from
the Assistant Community Development Director- -
Building.
Carter Wurts, President of the Board of Trustees
of St. Marks Presbyterian Church, addressed the
Council and advised that the Church is also used
by community organizations.
Councilman Strauss made a motion that the City
approve the request for the plan check and
building permit fees for this organization and
other dual church organizations that may apply
for such approval, which motion failed.
Mayor Pro Tem Williams resumed his seat at the Council
table.
2. A report was presented from the Community
Development Department regarding a letter from
Thomas M. Lally concerning construction of a
wall contiguous to his property located at 108
Kings Place.
The report was received and ordered filed.
Volume 32 - Page 242
INDEX
Zoning
Violations
0 -1782
(2188)
Bldg Permit
Prcdrs 6
Plan Checks
(923)
Wall /108
Kings Place
(600)
COUNCILMEN
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ROLL CALL J'
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Motion
All Ayes
Motion
L
x
Motion
Ayes
Noes x x x
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Ayes x x x
Noes
x
x
x
x
x
CITY OF NEWPORT BEACH
MINUTES
September 25, 1978
3. A report was presented from the Public Works
Department regarding the request of Andrew L.
Nickles to construct a 20- foot -wide curb cut at
313 East Bay Avenue Balboa.
Andrew Nickles addressed the Council in connection
with the difficulties he was encountering in
order to provide off - street parking for his
building.
The request for a curb cut was denied.
INDEX
Curb Cut/
313 E Bay
(3049)
4. A report was presented from the Marine Department Surfing
regarding the 40th to 44th Street "No Board - Regulations
surfing" zone. (281)
Councilman McInnis made a motion to postpone any
action on matter until October 10; and also
stated that he did not want to stifle any
statements from people who were in the audience
to be heard at tonight's meeting.
Councilman Heather asked if the maker of the
motion would consider getting a report from the
Parks, Beaches and Recreation Commission prior
to the meeting, which was accepted by Councilman
McInnis.
It was determined that the Council would hear
the statements of the people who were there for
this purpose.
The following people addressed the Council in
favor of the present program of no surfboarding
between 40th and 44th Street: Gary Lovell; Dick
Clucas; Ted Roberts; Mike Johnson, a member of
the Parks, Beaches and Recreation Commission and
a member of the subcommittee that developed the
present program; Jack Connors, Bill Stabler; and
Hugo Schmidt, who also requested that action be
taken at this time.
The following people addressed the Council and
requested a change of location from 40th to 44th
Street to 48th to 52nd Street for bodysurfers
and swimmers: Jerry Chalmers and Bob Nessing.
The following people addressed the Council in
support of surfboarders' use of the area between
40th and 44th Street: Scott Sanders, Peter
Spurr, and Skip Taylor.
Councilman Strauss made a substitute motion to
continue the program in effect as it is until
March 1, 1979 to give the City an opportunity to
thoroughly test out what appears to be a very
successful program, which motion failed.
A vote was taken on Councilman McInnis' motion,
which motion carried.
Volume 32 - Page 243
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
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:OLL CALL S Sonfnmhcr �S ia�a INDEX
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5. (District 4) Councilman Heather's appointment of
Bicycle
George Hanlon to the Bicycle Trails Citizens
Trails
Advisory Committee to fill the unexpired term of
CAC
)on
x
Dr. R. Frederick Boss ending December 31, 1978
(205F)
A Ayes
was confirmed.
6. (District 6) Mayor Ryckoff's appointment of a
Com Dev
member to the Community Development Citizens
CAC
Advisory Committee to fill the unexpired term of
(2127)
Motion
x
William H. Morris ending December 31, 1978 was
All Ayes
postponed to October 10, 1978.
G. CURRENT BUSINESS:
1. A report was presented from the Public Works
Tract 96:
Department regarding the substitution of developers
for Tract No. 9620 (Westcliff Grove) located on
the southwesterly corner of Dover Drive and
Westcliff Drive.
Motion
x
Resolution No. 9433, authorizing the Mayor and
R -9433
All Ayes
City Clerk to execute a Subdivision Agreement
between the City of Newport Beach and Pacesetter
Homes, Inc., in connection with Tract 9620 and
authorizing the release of a previously executed
Subdivision Agreement with The Irvine Company
for said tract, was adopted; and the City Clerk
was directed to return the Faithful Performance
and the Labor and Materials Bonds to The Irvine
•
Company.
2. A report was presented from the City Manager
NB City
concerning the request by the Arts Commission
Arts
for permission to install a banner over the
Festival
public right -of -way.
(1115)
Motion
x
Mayor Ryckoff made a motion to approve the
request.
Motion
x
Mayor Pro Tem Williams made a substitute motion
All Ayes
to approve the request from October 9 to
October 23, which motion carried.
3. A letter from Richard A. Nichols was presented
Alley /Abe
regarding an alley abandonment and reversion to
donment
easement for utilities only located between the
519 Iris
Corona del Mar Animal hospital and 5I9 Iris Avenue.
(3069)
A letter from Richard A. Nichols was presented
which was received after the Agenda was printed
requesting a postponement for a month.
Dr. Richard Nichols addressed the Council to
explain the reason for the postponement request.
Motion
x
The matter was postponed to October 24.
All Ayes
•
H. CONSENT CALENDAR:
Motion
x
The following actions were approved by one motion
All Ayes
affirming the actions on the Consent Calendar:
1. The ordinance for introduction was removed from
the Consent Calendar.
Volume 32 - Page 244
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COUNCILMEN
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ROLL CALL
CITY OF NEWPORT BEACH
September 25, 1978
MINUTES
INDEX
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2. The following resolutions were adopted:
•
(a) Removed from the Consent Calendar.
(b) Resolution No. 9434 authorizing the Mayor
Bldg Maint
and City Clerk to execute an agreement
N B Lihrwr
between the City of Newport Beach and
R -9434
Universal Building Maintenance Co., Inc.,
_
X74)
for janitorial services at the five Newport
Beach Branch Libraries. (A report from the
City Manager)
(c) Removed from the Consent Calendar.
3. The following communications were referred as
indicated:
(a) Removed from the Consent Calendar.
(b) To staff for reply, a letter from DeMarco,
Harbor Pe
Beral, Greenberg, Thrall 6 Slusher, Attorneys
(304F)
for Christian Ebsen, regarding "Request for
Administrative Record concerning Harbor
Permit Application Number 225 -530 and
May 22, 1978 hearing thereon." (Attached)
(c) Removed from the Consent Calendar.____
4. The following communications were referred to
•
the City Clerk for filing and inclusion in the
records:
(a) A letter from Ruth Clevidence regarding
Surfing
their pleasure and delight in the Council's
Regulation
decision regarding the use of the beach
(281)
from 40th to 44th Streets for swimmers and
body surfers only. (Attached)
(b) A letter to the Marine Safety Department
from the Sheriff- Coroner Department of
Orange County regarding the courageous
deportment of John Blauer and Logan Lockabey
in assisting the Harbor Patrol Unit while
it was responding to a drowning call off
Newport Beach. Captain Buddy Belshe was
also commended for his work under very
hazardous conditions. (Attached)
(9F)
(c) A letter to the Traffic Affairs Committee
from Gloria Thomas regarding the traffic
hazard that exists at the corner of L
Street and East Ocean Boulevard. (Attached)
(1154F)
(d) A statement from Harold L. Barlow, Jr.
written on a Notice sent out by the Newport
Island Association regarding Underground
Utilities, stating that he was for under-
grounding utilities on Newport Island.
(226)
(Attached)
Volume 32 - Page 245
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-:9LL CALL
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CITY OF NEWPORT BEACH
September 25, 1978
MINUTES
r from the Orange County Division of
gue of California Cities regarding
ion taken by the Santa Ana City
with regard to their 1978 -79 Dues
ent. (Attached)
r and booklet entitled "Development
ities Resource & Service Directory"
e Development Disabilities Board.
ed) (Directory on file in the City
office)
tions before the Public Utilities
ion:
eyhound Lines, Inc. to raise its
ssenger and package express rates
hich includes interline express
ipments that travel jointly with
eyhound and six other carriers.
uthern California Edison Company for
rate increase charged by it for gas
rvice on Santa Catalina Island.
uthern California Edison Company for
rate increase charged by it for
ectric service on Santa Catalina
land.
uthern California Edison Company for
rate increase charged by it for
Ater service on Santa Catalina
land.
of the Board of Supervisors meetings
!ptember 12, 19 and 20, 1978.
Lg claims for damages were denied and
:rk's referral to the insurance
confirmed:
of Paul Gibbs for property damage to
on his property at 5405 Seashore
Then a City crew was allegedly
ig sand from against the wall on
>er 14, 1978.
)f John Kevin Reeves for property
when his V -W bus was towed away on
)er 10, 1978 by Harbor Towing Company
3rd Street and Seashore Drive allegedly
tig his back bumper and engine gate.
>f Michael William Schloessman for
ty damage to his automobile on
28, 1978 when a City Fire Engine
ily turned the corner too sharply at
and Coast Highway.
�f State Farm Mutual Automobile
ice for their insured, John and
a Jewett for property damage to the
Volume 32 - Page 246
INDEX
(2529)
(20)
(20)
(20)
Claims
Gibbs
(3063)
Reeves
(3064)
Schloessman
(3065)
State Farm
Auto Ins/
Jewett
(3066)
(e) A lette
the Lea
the act
Council
Assessor
(f) A lette
Disabil
from tb
(Attach
Clerk's
(g) Applics
COmmiss
(1) Gr
ps
N
at
G:
(2) Sc
a
SE
(3) Sc
a
e]
Is
(4) Sc
a
WF
Is
(h) Agenda
held Se
5. The followit
the City Cl(
carrier was
(a) Claim e
a wall
Drive i
removii
Septeml
(b) Claim
damage
Septeml
from &
damagii
(c) Claim
proper
August
allege
Orchid
(d) Claim
Insura
Barber
MINUTES
r from the Orange County Division of
gue of California Cities regarding
ion taken by the Santa Ana City
with regard to their 1978 -79 Dues
ent. (Attached)
r and booklet entitled "Development
ities Resource & Service Directory"
e Development Disabilities Board.
ed) (Directory on file in the City
office)
tions before the Public Utilities
ion:
eyhound Lines, Inc. to raise its
ssenger and package express rates
hich includes interline express
ipments that travel jointly with
eyhound and six other carriers.
uthern California Edison Company for
rate increase charged by it for gas
rvice on Santa Catalina Island.
uthern California Edison Company for
rate increase charged by it for
ectric service on Santa Catalina
land.
uthern California Edison Company for
rate increase charged by it for
Ater service on Santa Catalina
land.
of the Board of Supervisors meetings
!ptember 12, 19 and 20, 1978.
Lg claims for damages were denied and
:rk's referral to the insurance
confirmed:
of Paul Gibbs for property damage to
on his property at 5405 Seashore
Then a City crew was allegedly
ig sand from against the wall on
>er 14, 1978.
)f John Kevin Reeves for property
when his V -W bus was towed away on
)er 10, 1978 by Harbor Towing Company
3rd Street and Seashore Drive allegedly
tig his back bumper and engine gate.
>f Michael William Schloessman for
ty damage to his automobile on
28, 1978 when a City Fire Engine
ily turned the corner too sharply at
and Coast Highway.
�f State Farm Mutual Automobile
ice for their insured, John and
a Jewett for property damage to the
Volume 32 - Page 246
INDEX
(2529)
(20)
(20)
(20)
Claims
Gibbs
(3063)
Reeves
(3064)
Schloessman
(3065)
State Farm
Auto Ins/
Jewett
(3066)
ROLL CALL
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CITY OF NEWPORT BEACH
MINUTES
147.8
windshield of their car while it was passing
the center divider-on Jamboree on July 11,
1978. The damage was allegedly caused by a
City lawnmower hitting a rock which ricochet
into the air and hit the windshield.
INDEX
(e) Claim of Walter J. Suckiel for property loss Suckiel
on September 8, 1978 when a City trash man (3067)
allegedly destroyed three trash cans by
tossing them into the truck and not emptying
them. The location of the incident was 414
E. Ocean Front.
(f) Claim of Don Webb for property damage on Webb
September 14, 1978 while he was stopped for (3068)
a traffic signal at Irvine Avenue, Westcliff
and 17th Street, he was allegedly rear -
ended by a City trash truck.
6. The City Clerk's referral of the following
Summons and Complaint to the insurance carrier
was confirmed:
(a) Summons and Complaint of Yvonne A. Donaher Donaher
and Richard Donaher for negligence, Case (2894)
No. 297843 in the Orange County Superior
Court. The original claim for personal
injuries to Mrs. Donaher from an automobile
accident occurred at the intersection of
Jamboree and Ford Roads on December 27,
1977.
7. The
following request to fill personnel vacancies
(1203F)
was
approved: (A report from the City Manager)
(a)
One Assistant Civil Engineer in the Public
Works Department Administration and Engineer-
ing Division, to fill a position now vacant.
(b)
One Environmental Coordinator position in
the Community Development Department,
Current Plans and Projects Division, to
fill a position to be vacant.
(c)
One Refuse Crewman position in the General
Services Department Refuse Division, to
fill a position now vacant.
8. The
following staff, Commission and Committee
reports were received and ordered filed:
(a)
Removed from the Consent Calendar.
(b)
A report from the Administrative Assistant
OtC6
to the City Manager concerning the Orange
Airport
County Airport Commission meeting of
(195)
September 12, 1978. (Attached)
(c)
A progress report from the Parks, Beaches &
Transfer
Recreation Commission regarding the Corona
Station
del Mar Main Beach Transfer Station adjacent
(2046)
to Breakers Drive. (Attached)
Volume 32 - Page 247
ROLL
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
September 25, 1978
INDEX
(d) A report from the City Attorney regarding
Abatement/
status of the public nuisance abatement at
Pub Nuisance
107 - 26th Street. (Attached)
(2947)
(e) A report from the City Attorney regarding
OrCo
status of HR -11986 ( "Noisy Aircraft Revenue
Airport
and Credit Act of 1978 "). (Attached)
(195)
(f) Removed from the Consent Calendar.
(g) A report to the City Manager from the
Local
Administrative Assistant regarding the
Coastal Pln;
Citizen Advisory Committees' appointments
CAC
to the Local Coastal Planning Advisory
(709)
Committee. (Attached)
9. No public hearings were scheduled.
10.. The plans and specifications for the Storage
Big Canyon
Facility at Big Canyon Reservoir, Contract 2042,
Reservoir
were approved; and the City Clerk was authorized
Storage
to advertise for bids to be opened at 2:30 p.m.
Facility
on Thursday, October 12, 1978. (A report from
(3070)
the Public Works Department)
11. The following Maintenance Dredging Harbor
Harbor
Permits were approved, subject to the conditions
Permit
of approval listed in the general permit issued
(304F)
to the City by the Corps of Engineers: #111-
912, Gino DiSano, 912 E. Balboa Boulevard; #225-
1604, Robert B. Smith, 1604 S. Bay Front; #0113-
201, Marilyn Hausman, 201 Evening Star Lane;
/130 -2762, Robert M. Barton, 2762 Bayshore
Drive. (A report from the Marine Department)
12. Removed from the Consent Calendar.
13. The following Budget Amendments were approved:
BA -009, $400.00 increase in Budget Appropriations
and increase in Revenue Estimates for Eastbluff
Park Buffer Planting with a donation from Harbor
Area Boys Club from Unappropriated Surplus and
Donations & Contributions to Parks, Parkways,
etc., Special Department Supplies, Park &
Recreation Fund.
BA -010, $18,000.00 increase in Budget Appropria-
tions for additional funds for rehabilitation of
Balboa Island Bridge, from Unappropriated
Surplus to Rehabilitate Balboa Island Bridge,
General Fund.
BA -011, $17,000.00 transfer from Budget Appropri-
ations for Rehabilitation of Balboa Island
Bridge from Install /Upgrade Traffic Signals, to
gehgbilitate Balboa Island Bridge, State. Gas Tax
un .
BA -012, $1,200.00 transfer from Budget Appropria-
tions for membership in the Santa Ana River
Flood Control Agency from Unappropriated Contin-
gency Reserve to Non - departmental, Publication &
Dues, General Fund.
I
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Volume 32 - Page 248
COUNCILMEN
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ROLL CALL
Motion
All Ay
Motior
All Ay
Motior
All A}
•
Motioi
All A
Motio
All A
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1
September 25, 1978
MINUTES
INDEX
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter was presented from the Corona del Mar
Parking
Chamber of Commerce objecting to the additional
Prohibitions
red curbs on Jasmine, Iris and First Avenues and
(447F)
requesting the possible elimination of some of
the red curbs that now exist.
x
Staff was directed to write the Corona del Mar
es
Chamber of Commerce advising them that the
Traffic Affairs Committee was preparing a report
for the Council regarding the red curbs and
that a staff report would be included.
2. A report was presented from the Environmental
OrCo
Quality Citizens Advisory Committee concerning
Airport
the City's position with regard to the Orange
(195)
County Airport.
Councilman Hummel stated since the news of the
aircraft disaster in San Diego proved the need
for a new airport in Southern California, he
X
would move to have the staff with the assistance
,es
of Councilmen Heather and Hummel summarize a
position paper on an airport location, which
motion carried.
i
x
3. The following resolutions were adopted:
,es
Resolution No. 9435 requesting the Orange County
E Coast Hwy,
Transportation Commission to include within the
Bayside to
Orange County Federal Aid Urban Program the
MacArthur
development of East Coast Highway from Bayside
R -9435
Drive to MacArthur Boulevard. (A report from
(2071)
the Public Works Department)
Resolution No. 9436 authorizing the Mayor and
E Coast Hwy,
City Clerk to execute an agreement between the
So'ly Side
City of Newport Beach and Williamson and Schmid
St Impry
for engineering services in connection with East
Jamboree to
Coast Highway southerly Side Street Improvements
Avocado
from Jamboree Road to Avocado Avenue, Contract
R -9436
No. 1990. (A report from the Public Works
(3072)
Department)
4. The Mayor's letter to the Southern California
Air Quality
Association of Governments regarding the City's
Management
a
x
"Response to the Preliminary Draft of the Air
Plan
yes
Quality Management Plan" was approved.
(3071)
5. A report from the City Manager regarding the
Election
proposed change in election dates suggested by
(12F)
a
x
the Newport Harbor Area Chamber of Commerce was
yes
received and ordered filed.
6. A report was presented from the City Attorney
Parking
regarding "Valet Parking."
Prnhi111ti --
(447F)
Proposed Ordinance being, AN ORDINANCE OF THE
CITY OF NEWPORT BEACH AMENDING SECTION 12.40.065
ENTITLED "VALET PARKING ON PUBLIC STREETS AND
Volume 32 - Page 249
COUNCILMEN
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05
ROLL CALL
CITY OF NEWPORT BEACH
September 25, 1978
MINUTES
INDEX
Motion
x
LOTS" TO THE NEWPORT BEACH MUNICIPAL CODE, is to
All Ayes
be resubmitted for first reading on October 10,
1978.
•
7. A letter from Charles B. Baur regarding the
WCH wi.P,
installation of curbs, gutters and sidewalk in
57th St t
front of his business and his objections concern-
SA River
ing the project was presented.
(2552)
The following people addressed the Council
opposing the installation of curbs, gutters
and sidewalk in connection with the Public Works
contract for the widening of Pacific Coast Highway
57th Street to the Santa Ana River: George C.
Gillette, representing Charles Baur, who presented
a petition bearing 652 names; Ninsa Jarvis,
representing the Newport Shores Community Associa-
tion; and Charles Baur.
Motion
x
The letter from Charles Baur was referred to the
All Ayes
staff for reply.
K. ADDITIONAL BUSINESS:
Motion
x
1. A public hearing was set for October 24, 1978 on
Traffic
All Ayes
the following:
Phasing
(3006)
A review by the City Council of the decision of
the Planning Commission in the application of
the Traffic Phasing Ordinance to the request for
two 20,000 square foot office buildings by
•
Signal Development Company on Lots 18, 19, 43
and 44, Tract 3201 located at 4060 and 4100
Campus Drive and 4063 and 4101 Birch Street,
southeasterly of Campus Drive and southwesterly
of Dove Street across from the Orange County
Airport.
2. A report was presented from the Public Works
BI Bulkhe
Department regarding the Balboa Island Bulkhead
Coping
Coping Repair, Contract No. 1860.
Repair
(2870)
Motion
x
The staff was authorized to substitute a sub -
All Ayes
contractor for the gunite work on this contract.
3. The City Manager addressed the Council in regard
Balboa &
to the change in lessees under the Balboa Bay
Club Lew
Club Lease.
(183)
Resolution No. 9437, authorizing International
R -9437
Bay Clubs, Inc., to sublet certain portions of
the Balboa Bay Club premises and establishing
the rate of rental payments to the City for
subleases of the Balboa Bay Club premises for
Motion
x
commercial purposes for terms in excess of one
All Ayes
year, was adopted.
Scott Hightower, President of the Balboa Bay
•
Club, addressed the Council and submitted the
letter of request.
Mayor Ryckoff declared the meeting adjourned at
10:25 p.m.
Ma0br ' (/
I Volume 32 - Page 250
ATTTi'CT• nl
City Clerk
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