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HomeMy WebLinkAbout02/28/1977 - Regular MeetingCOUNCILMEN p CL F 9s t ROLL CALL s � � °w F�� l6) I � I ; 4 34 Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: February 28, 1977 MINUTES Present x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Won x February 14, 1977 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 was Ayes x x x x x x x directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the continued public hearing Conflict for the purpose of adopting a Conflict of Interest of Code. Interest A report was presented from the City Attorney. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one desired to be heard. Motion x Councilman Kuehn made a motion to adopt Resolution No. 9005 adopting a Conflict of Interest Code applicable to designated City officials and employees pursuant to the Political Reform Act of 1974. Motion x Councilman McInnis made a substitute motion to R -9005 amend Resolution No. 9005 to state that only the following designated employees be required to file l l annual disclosure statements: City Manager, City Attorney, Assistant City Attorney, City Clerk, Department Heads, Assistant Department Heads, Purchasing Agent and Planning Commission. A vote was taken on Councilman McInnis'substitute Ayes x x x x x x motion, which motion carried, and Resolution Noes x No. 9005, as amended, was adopted. 2. Mayor Dostal opened the public hearing regarding Ordinance No. 1705, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Community AMENDING SECTIONS 20.80.050, 20.81.040, Development 20.82.040, 20.84.030, 19.12.040 AND 19.12.070 Procedures OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY 0 -1705 PERTAIN TO THE REQUIRED NOTICE OF OWNERS OF PROPERTY LOCATED OUTSIDE THE LIMITS OF THE CITY OF NEWPORT BEACH AND ADDING SECTIONS 20.80.077, 20.81.075, 20.82.080 AND 20.84.070 PERTAINING TO THE REQUIRED NOTICE OF COUNTY ASSESSOR AND THE OWNER OF RECORD OF ACTIONS TAKEN TO GRANT USE PERMITS, MODIFICATION PERMITS, VARIANCE PERMITS AND OTHER AMEND- MENTS WHICH RESULT IN ANY CHANGE FROM ONE DISTRICT TO ANY OTHER DISTRICT, Planning Commission Amendment No. 479, a request l initiated by the City.of Newport Beach to consider an amendment to the Municipal Code relative to notification procedures in connection with Use Permits, Modification Permits, Variance Permits, Amendments, Resubdivisions and Tentative Maps. i Volume 31 - Page 44 COUNCILMEN \9p y pp �.cnsfG\G 'P m ,p A 'PP9�Fj ROLL CALL \ February 28, 1977 MINUTES PImcw A report was presented from the Community Develop- ment Department. on x The hearing was closed after it was determined x x x x x x x that no one desired to be heard. Motion x Ordinance No. 1705, as recommended by the Planning Ayes x x x x x x x Commission, was adopted. 3. Mayor Dostal opened the public hearing regarding Hearing Ordinance No, 1706, being, Notices 0 -1706 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20,82.070 ENTITLED "RIGHT OF REVIEW BY CITY COUNCIL" TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, Planning Commission Amendment No. 480, a request initiated by the City of Newport Beach to consider an amendment to the Municipal Code providing for the 'right of review by City Council in connection with Variance Permits. A report was presented from the Community Develop- ment Department. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one desired to be heard. Motion x Ordinance No. 1706, as recommended by the Planning .s x x x x x x x Commission, was adopted. 4. Mayor Dostal opened the public hearing regarding District Ordinance No. 1707, being, Map 11 0 -1707 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. it (806, 808, 810, 812 AND 814 EAST OCEAN FRONT, 107 "A" STREET AND 815 EAST BALBOA), Planning Commission Amendment No. 482, a request initiated by the City of Newport Beach to amend portions of Districting Map No. 11 from the C -1 District to the R -2 District. A report was presented from the Community Develop- ment Department. Motion x The hearing was closed after it was determined Ayes x x x X x x x that no one desired to be heard. Motion x Ordinance No. 1707, as recommended by the Planning Ayes x x x x x x x Commission, was adopted. 5. Mayor Dostal opened the public hearing regarding District Ordinance No. 1708, being, Map 11 AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1708 REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 11 (807 AND 809 EAST BAY AVENUE AND 900 EAST BALBOA BOULEVARD, ALSO KNOWN AS 901 EAST BAY AVENUE), i Volume 31 - Page 45 COUNCILMEN �p �i 9 �O -P � ll 9 u'\ i 9 F.ps ROLL CALL \ Iola & IM9,01, I I RE FAM FORTRAN COUNTY W2411, February 28, 1977 MINUTES I OE X_-_, :yoga Planning Commission Amendment No. 481, a request initiated by the City of Newport Beach to amend portions of Districting Map No. 11 as follows: • from the C -1 District to the R -2 District, a portion of Lot 3 and Lot 4, Block 11, Balboa Tract Eastside Addition, known as 807 and 809 East Bay Avenue; and from the C -1 District to the R -3 District, Lot 1, Block 13, Balboa Tract Eastside Addition, known as 901 East Bay Avenue. A report was presented from the Community Develop- ment Department. Motion x The hearing was closed after it was determined Ayes X. x x x x x x that no one desired to be heard. Motion x Ordinance No. 1708, as recommended by the Planning Ayes x x x x x x x Commission, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1709, being, Animal Control AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1709 AMENDING SECTIONS 7.16.010 AND 7.16.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ANIMALS AT LARGE - IMPOUNDING, was presented for second reading. A report to the City Manager from the Police Chief was presented. George Perlin, a member of SCOOP, addressed the Council and urged adoption of the ordinance. Motion x Ordinance No. 1709 was adopted. Ayes x x x x x x x 2. Ordinance No. 1712, being, Balboa Island AN ORDINANCE OF THE CITY OF NEWPORT BEACH Bridge ADDING SECTION 12.32.015 ENTITLED "BALBOA Weight ISLAND BRIDGE SPEED RESTRICTIONS" TO THE Limit NEWPORT BEACH MUNICIPAL CODE, 0 -1712 was presented for second reading. Motion x Ordinance No. 1712 was adopted. Ayes x x x x x x x CONTINUED BUSINESS; 1. A report was presented from the City Attorney Ticonde regarding the vacation of Ticonderoga Street. Street A letter from the West Newport Improvement Association was presented supporting the request • of Newport Crest Homeowner's Association that Ticonderoga Street be vacated as a public street. Motion x The subject was postponed for up to ninety days. Ayes x x x x x x x i Volume 31 - Page 46 :yoga nAl COUNCILMEN ROLL C� y P P�rpp 2s February 28 • Motion Ayes Motion Ayes Motion Ayes Motion Ayes is Motion Motion Ayes Motion Ayes Noes Motion Ayes Noes • Ayes Noes MINUTES 1977 __1NOEX _ Citizens Advisory Committees Bicycle CAC Com Dev CAC CdM Traffic Survey 2. Appointments to the Citizens Advisory Committees for a one -year term ending December 31, 1977: Bicycle Trails Citizens Advisory Committee (District 3) Mayor Pro Tem Barrett's appoint - x ment of a member to replace William Patrick • x x x x x x was postponed to March 14, 1977. (District 4) Mayor Dostal's appointment of x members to replace Allan Beek and Tom • x x x •x x x MacKinnon was postponed to March 14, 1977. (District 5) Councilman Ryckoff's appointment x of a member to replace Jane Bihler was post - • x x x x x x poned to March 14, 1977. Community Development Citizens Advisory_ Committee (District 3) Mayor Pro Tem. Barrett's appoint- ment of a member to replace Ann L. Spencer, and (District 5) Councilman Ryckoff's x appointment of a member to replace Gwendolyn • x x x x x x Felton were postponed to March 14, 1977. 3. A report was presented from the Corona del Mar Traffic and Parking Task Force regarding the Corona del Mar traffic questionnaire. Robert Stoessel, Chairman of the Corona del Mar Traffic and Parking Task Force Subcommittee, and Dr. Robert Frye addressed the Council. x Councilman McInnis made a motion to accept the Committee's recommendation for Alternate "A," and to direct the staff to prepare the required budget amendment. The following people addressed the Council opposing the proposed questionnaire or requesting postponement of a decision: Roy Giordano, J. R. Blakemore and Ron Kennedy. x Mr. Blakemore was granted two additional minutes • x x x x x x for his presentation. Val Skoro addressed the Council in favor of the proposed questionnaire. x Councilman Ryckoff made a substitute motion to x x table the matter, which motion failed to carry. x x x x x x Councilman Rogers made a substitute motion to x x x refer the report back to the primary Citizens • x x x Traffic Committee for their review and their comment, and to direct that extra copies be printed for the public to read and study, with the report to be returned to Council in one month, which motion failed to carry. • x x x A vote was taken on Councilman McInnis' motion, x x x which motion carried. Volume 31 - Page 47 __1NOEX _ Citizens Advisory Committees Bicycle CAC Com Dev CAC CdM Traffic Survey ROLI COUNCILMEN �� y gyp" 16 '�C 9 � �2 O�,Sy \2 /m s r � cell � 9R 9077 MINUTES ace No. 1714, being, CE OF THE CITY OF NEWPORT DING SECTION 12.24.058 OF T BEACH MUNICIPAL CODE TO A SPEED LIMIT ON SAN JOAQUIN FROM MARGUERITE AVENUE TO ILLS ROAD, 714 was introduced and passed to on March 14, 1977. esented from the Community Develop - regarding the Final Map of Tract uest of The Irvine Company to acres into nine numbered lots for lding sites and four lettered lots esented from the Public Works If Tract No. 9587 was approved, y reference the condition recom- 'lanning Commission; and the litions were adopted: 9006 authorizing the Mayor and mecute an agreement between the -vine Company for construction in Tract No. 9587. 9007 accepting a corporation grant Irvine Company for Lots 1, 2 and 9587 (Park sites in the Harbor 7esented from the Community Develop- : regarding the Final Map of Tract guest of The Irvine Company to I acres into five numbered lots for .lding sites and two lettered lots ccated in an area bounded by the Lass Hill" Development, the "Bren it, Broadmoor Seaview, San Miguel San Joaquin Reservoir site. (This Tentative Tract No. 8725 - Sector Lew Hills known as "Harbor Ridge "; )f Tract No. 9588 was approved, >y reference the condition recom- ?lanning Commission; and Resolution rizing the Mayor and City Clerk to cement between the City and The for construction of improvements in was adopted, olume 31 - Page 48 Speed Limits 0 -1714 Tract 9587 R -9006 R -9007 Tract 9588 R -9008 4. Proposed Ordins AN ORDINM • BEACH AMEr THE NEWPOF ESTABLISH HILLS ROAI SPYGLASS I was presented. Motion x Ordinance No. ] Ayes x x x x x x second reading Noes x CURRENT BUSINESS: 1. A report was pi ment Department No. 9587, a re( subdivide 50.4( condominium bui for streets. A report was p3 Department. Motion x The Final Map c Ayes x x x x x x incorporating 1 Noes x mended by the I following reso: Resolution No. City Clerk to i City and The L of improvements Resolution No. deed from The 3 of Tract No. Ridge area). 2. A report was p, went Departmen No. 9588, a re, subdivide 10.9' condominium bu for streets; 1 existing "Spyg III" developme. Drive, and the is a portion o IV of Harbor V zoned P -C). Motion x The Final Map Ayes x x x x x x x incorporating mended by the . No. 90081 execute an agr Irvine Company Tract No. 9588 i V MINUTES ace No. 1714, being, CE OF THE CITY OF NEWPORT DING SECTION 12.24.058 OF T BEACH MUNICIPAL CODE TO A SPEED LIMIT ON SAN JOAQUIN FROM MARGUERITE AVENUE TO ILLS ROAD, 714 was introduced and passed to on March 14, 1977. esented from the Community Develop - regarding the Final Map of Tract uest of The Irvine Company to acres into nine numbered lots for lding sites and four lettered lots esented from the Public Works If Tract No. 9587 was approved, y reference the condition recom- 'lanning Commission; and the litions were adopted: 9006 authorizing the Mayor and mecute an agreement between the -vine Company for construction in Tract No. 9587. 9007 accepting a corporation grant Irvine Company for Lots 1, 2 and 9587 (Park sites in the Harbor 7esented from the Community Develop- : regarding the Final Map of Tract guest of The Irvine Company to I acres into five numbered lots for .lding sites and two lettered lots ccated in an area bounded by the Lass Hill" Development, the "Bren it, Broadmoor Seaview, San Miguel San Joaquin Reservoir site. (This Tentative Tract No. 8725 - Sector Lew Hills known as "Harbor Ridge "; )f Tract No. 9588 was approved, >y reference the condition recom- ?lanning Commission; and Resolution rizing the Mayor and City Clerk to cement between the City and The for construction of improvements in was adopted, olume 31 - Page 48 Speed Limits 0 -1714 Tract 9587 R -9006 R -9007 Tract 9588 R -9008 COUNCILMEN MINUTES °OPA C P \ ROLL CALL F y o�� \ \ Fehruary 7R_ 1977 �runFx 3. A report was presented from the Community Develop- Newport ment Department regarding a proposed resolution Center • initiated by the Planning Commission establishing development limitations in Newport Center. Developmnt Limitations Dick Clucas, Chairman of the Transportation Plan Citizens Advisory Committee, addressed the Council in response to questions regarding the Committee's study of the Crommelin- Pringle Report. Motion x Mayor Pro Tem Barrett made a motion to adopt R -9009 Resolution No. 9009 establishing development limits in Newport Center. Councilman McInnis asked that the motion be amended to change the wording in the last sentence in the third from the last paragraph from "pro- jected in the Voorhees and Crommelin- Pringle Reports," to "provided in the approved street development plan," which amendment was accepted by the maker of the motion. Ayes x x x x x A vote was taken on Mayor Pro Tem Barrett's Noes x x amended motion, which motion carried. Councilman Ryckoff made the following statement for the record: "Proposing or supporting a growth commitment of this magnitude, without public hearings, without backup material and without consideration of General Plan changes which may be desirable and relevant, is not in the public interest. "There seems to be no pressing reason to establish the maximum development for Newport Center at this time. There certainly is no justification for reliance on the Crommelin- Pringle Report, which was done for The Irvine Company, was not accepted by the City, which contains questionable premises and conclusions and still shows traffic deficiencies. "I believe the public should look to the motives of those who supported this measure, despite all the disclaimers, approved without public hearings, without backup material and serving private interest at the expense of public interest." 4. A report was presented from the Public Works Vacation Director regarding the vacation and abandonment P U Easmnt of a public utility easement over Lots 1, 2 and 3 B1 A of Block A, Tract No. 673 in Corona del Mar, Tract 673 located south of East Coast Highway between Poppy Avenue and Hazel Drive. Motion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9010 adopting a map showing the R -9010 existing 10 -foot public utility easement to be vacated and abandoned (Lots 1, 2 and 3 of Block A, Tract No. 673 in Corona del Mar). o- Volume 31 - Page 49 COUNCILMEN pc �l 'A t�� P T ROLL CALL T \ \ February 28, 1977 MINUTES iiuncv Resolution No. 9011 declaring Council's R -9011 intention to order the vacation and abandonment • of an existing 10 -foot wide public utility easement over Lots 1, 2 and 3 of Block A, Tract No. 673 in Corona del Mar, and setting a public hearing for March 28, 1977. 5. A report was presented from the Public Works Encroachment Director regarding the application of Brownley Parkway Hubble to construct stairs and walls in the park- 362 Evening way at 362 Evening Canyon Road, Corona del Mar. Canyon Rd Motion x The application of Brownley Hubble was approved, Ayes x x x x x x x subject to the applicant's signing a hold - harmless agreement with the City. 6. A report was presented from the Public Works Corporation Director regarding site improvements - Superior and Avenue Corporation Yard and 16th Street Utility Utility Yds Yard. Motion x The construction of partial improvements to Ayes x x x x x x x Superior Avenue Corporation Yard, Contract No. 1665. consisting of Industrial Way access road, grading and frontage work, and of a partial storage yard and site improvements at the 16th Street Utility Yard, Contract No. 1905, was approved. 7. A report was presented from the Public Works Resub 520 Director regarding Resubdivision No. 520, located on the northeast corner of West Coast Highway and Orange Street in Newport Shores; Charles, Dreams, Edward and Mary Baur, subdividers. Motion x The following resolutions were adopted: Ayes x x x x x x x Resolution No. 9012 approving the parcel map for R -9012 Resubdivision No. 520 and accepting the offer of dedication in connection therewith. Resolution No. 9013 approving a subdivision R -9013 agreement between the City of Newport Beach and Charles, Dreams, Edward and Mary Baur, and authorizing the Mayor and City Clerk to execute said agreement (Resubdivision No. 520). Resolution No. 9014 approving an agreement R -9014 between the City of Newport Beach and Charles, Dreams, Edward and Mary Baur in connection with cash payment to the City for improvements required on West Coast Highway (Resubdivision No. 520). 8. A report was presented from the Acting City Council Librarian regarding Council policy pertaining to Policy disposal of discarded library materials. on x Council Policy 0 -3 entitled "Disposal of Discarded es x x x x x x x Library Materials," was adopted. i Volume 31 - Page 50 CITY OF NEWPORT BEACH COUNCILMEN Pp vppp��\ P s G C� c���'v s� cT�yy yy� J 'A �+ s ROLL CALL \ \ February 28, 1977 MINUTES INDEX _ Arts Lval less ise •ict A 51 .5 ication .ts .6 9. A report was presented from the City Arts Commis- City sion regarding budget requirements for the 1976 -77 Festj • Arts Festival. Mitch Teemley, Chairman of the Festival Committee, addressed the Council and responded to questions regarding the Festival. Motion x The staff was directed to prepare a budget amend - Ayes x x x x x x ment in the amount of $5,950, subject to the Noes x condition that income from the other activities of the Festival would help defray this amount. 10. A copy of a letter to the Business License Busir Division from Jane H. Hunter was presented protest- Licer ing the $50.00 which she has to pay for a business Fee license for her triplex in Corona del Mar. Mrs. Jane Hunter addressed the Council. Motion x The subject was reviewed, and referred to staff Ayes x x x x x x x for filing. CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x x ing the actions on the Consent Calendar: 1. The following ordinances were introduced and set for public hearing on March 14, 1977: • (a) Proposed Ordinance No. 1715, being, AN Distr ORDINANCE OF THE CITY OF NEWPORT BEACH Maps AMENDING PORTIONS OF DISTRICTING MAPS NO. 32 32 ar AND 51 TO RECLASSIFY FROM THE "R -2 -B DISTRICT 0 -171 AND THE R -3 -B DISTRICT TO THE OPEN SPACE DISTRICT" CERTAIN PROPERTY WHICH HAS BEEN DESIGNATED AS A SITE FOR A SENIOR CITIZENS CENTER WHICH IS LOCATED ON THE WESTERLY AND EASTERLY SIDE OF MARGUERITE AVENUE AT FIFTH AVENUE IN CORONA DEL MAR, Planning Commission Amendment No. 487, a request initiated by the City of Newport Beach to consider an amend- ment to portions of Districting Maps No. 32 and 51 to reclassifv from the R -2 -B District and the R -3 -B to the OS Open Space District certain property which has been designated as a site for a Senior Citizens Center and which is located on the westerly and easterly sides of Marguerite Avenue at 5th Avenue in Corona del Mar. (Report from the Community Development Department) (b) Proposed Ordinance No. 1716, being, AN Modif ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND- Permi ING SECTION 20.81.090 OF THE NEWPORT BEACH 0 -171 MUNICIPAL CODE TO PROVIDE THAT MODIFICATION • PERMITS NOT USED WITHIN EIGHTEEN MONTHS FROM THE DATE OF APPROVAL SHALL BE AUTOMATICALLY REVOKED, Planning Commission Amendment No. 484, a request initiated by the City of Newport Beach. (Report from the Community Development Department) Volume 31 - Page 51 Arts Lval less ise •ict A 51 .5 ication .ts .6 COUNCILMEN p1%v�o�c�a \n 9�� 9 o� ROLL CALL February 28, 1977 MINUTES INDEX rk (c) Proposed Ordinance No. 1717, being, AN Newport ORDINANCE OF THE CITY OF NEWPORT BEACH Shores • AMENDING SECTION 20.61.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO REQUIRE A USE PERMIT Specific Area FOR RESTAURANT USES WITHIN THE AREAS DESIG- Plan NATED FOR COMMERCIAL DEVELOPMENT IN THE 0 -1717 NEWPORT SHORES SPECIFIC AREA PLAN, Planning Commission Amendment No. 485, a request initiated by the City of Newport Beach. (Report from the Community Development Department) 2. The following resolutions were adopted: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Resolution No. 9015 authorizing the Mayor and Traffic City Clerk to execute a cooperative financing Signal agreement between the City of Newport Beach R -9015 and the City of Costa Mesa for modification of traffic signal at Irvine Avenue and Westcliff Drive. (Report from the Public Works Department) (d) Resolution No. 9016 authorizing the Mayor and Traffic City Clerk to execute a cooperative financing Signal agreement between the City and the State of R -9016 California, Department of Transportation, in connection with the construction of a traffic signal at Coast Highway and Prospect Street. (Report from the Public Works Department) (e) Resolution No. 9017 authorizing the submittal Coast Hw} of an application to the Southern California Bikeway Association of Governments (SCAG) requesting R -9017 S.B. 921 facility funds for construction of Coast Highway Bikeway adjacent to Bayshores. (Report from the Public Works Director) (f) Resolution No. 9018 authorizing the Mayor and OrCo City Clerk to execute an agreement between Airport the City of Newport Beach and Valley Associate R -9018 for consulting services in connection with Orange County Airport. (Exhibit) (g) Resolution No. 9019 authorizing the Mayor Marinapa and City Clerk to execute a consent to sale R -9019 of Mobilehome and Trailer Space in Newport Marinapark (Tredick and Scott). (Report from the City Attorney) 3. The following communications were referred as indicated: (a) To the Planning Commission, a letter to Cannery Mayor Dostal from James Person, Jr., attorney Village • for the Delaney's Restaurants, requesting Parking that Council take action to require off - street parking for the various small industria concerns in the Cannery Village area. (Copies mailed to Council) (b) Removed from the Consent Calendar. Volume 31 - Page 52 rk COUNCILMEN MINUTES roc v �o�p� �: e ��y$fl�„� 0 %< ?ys ROLL CALL s \ \ February 28, 1977 tincv (c) To staff, a letter from C. P. Avery regarding Dredging undercutting damage to City property caused by dredging operations for the Marina at 3300 . Via Lido. (Copies mailed to Council) (d) To staff for inclusion in on -going study, a Balboa - letter from W. Merting regarding the leasing Newport of the pier concessions at both the Balboa Pier and Newport piers. (Copies mailed to Council) Concession (e) To staff for reply, a letter from Mrs. Jean Animal Tandowsky regarding the reason for being late Regulation in paying her dog license and asking that the fine be waived. (Copies mailed to Council) (f) To staff for reply, a letter from H. Scott Speed Paulsen, the principal of the Anderson School Limits located at 1900 Port Seabourne, protesting the possibility of an increase in the posted speed limit on Port Seabourne from 25 MPH. (Copies mailed to Council) (g) Removed from the Consent Calendar. (h) To the City's representative to the League, a SB 164 letter from the Orange County Division of the League of Cities requesting support in oppos- ing Senate Bill 164, proposing compulsory and binding arbitration in labor disputes. (Copies mailed to Council) • (i) To the City's representative to the League, a League of letter from the Orange County Division of the Calif League of California Cities, regarding Cities vacancies on State League Advisory Committees Cmtes for Administrative Services and Employee Relations. (Copies mailed to.Council) (j) To the City's representative to the League, a League of letter from the Orange County Division of the Calif League of California Cities requesting dele- Cities gates be ready to vote on the issue of sales tax origin and strikes by farm workers during harvest season. (Copies with resolutions from the cities of Orange and Yorba Linda mailed to Council) (k) To Pending Legislation and Ethics Committee, Water a resolution from the City of Placentia Conservat" encouraging the use of water saving devices. (Copies mailed to Council) (1) To the Water Committee, a letter from the Water California Water Resources Board requesting financial support for informing the public and the policy - makers regarding programs to provide California with adequate water supplies. (Copies mailed to Council) (m) To staff for inclusion in on -going study, a Senior letter from Ron Yeo commenting on the Master Citizens Plan for the Senior Citizens Center. (Copies Center mailed to Council) i Volume 31 - Page 53 I } r I COUNCILMEN 'Sp �� 990pm \C+ cF C \ 2 ROLL CALL February 28, 1977 MINUTES INf1Fy (n) To staff for report back, a letter from Harbor George and Mary Ingles protesting a boat Regulations which is moored at a dock adjacent to their • property and which encroaches on their property, and asking the City's enforcement of regulations requiring removal of the boat. (Exhibit) (o) 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 the Balboa Angling Club thank- ing Council and the Fire Department for the paramedic service which was available when one of their guests had a heart seizure. (Copies mailed to Council) (b) A letter from Josephine Fowler and Elizabeth W. Richards in opposition to the Senior Citizens Center. (Copies mailed to Council) (c) A copy of an open letter to the Mayor and Councilmen addressed to the Newporter -News from William M. Crosby regarding George T. Hall's letter urging support of the purchase of Inspiration Point property and questioning the advisability of a program for matching funds. (Copies mailed to Council) • (d) A letter from the Newport Beach Convention and Visitors Bureau stating that they had by resolution given their support to the City Art Commission's resolutions for the forma- tion and funding of an independent non - profit corporation for the purpose of developing a performing arts center in the Newport Harbor area. (Copies mailed to Council) (e) A letter to Mayor Dostal from Mark L. Fahey requesting that Council place a moratorium on the Castaways development. (Copies mailed to Council) (f) A copy of a letter to Councilman Ryckoff from Mandy Cole regarding her resignation from the Environmental Quality Control Citizens Advisory Committee as well as suggestions in connection with energy conservation, open space and rezoning. (Exhibit) (g) Resolutions from the cities of Laguna Beach and Escondido opposing the redistribution of sales tax revenues on the basis of population. (h) A resolution from the City of Yorba Linda agreeing to the termination of the Greenbelt Commission. (i) A letter to the Mayor from the Public Utili- ties Commission regarding their Interim Emergency Order to prohibit, conserve and curtail the use of natural gas and asking that the City no longer heat any municipal swimming pools. (Copies mailed to Council) I Volume 31 - Page 54 9151 11 COUNCILMEN MINUTES \ALL o s ROLL C \ \ February 28, 1977 IN 11FY (j) Agenda of the Board of Supervisors meetings of February 15, 16, 22 and 23, 1977. • 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Mrs. Charlene M. Olhoffer for Olhoffer Douglas Olhoffer, a minor, for personal injuries allegedly sustained when a City vehicle pulled out in front of her car on Dover Drive near Irvine Avenue in Newport Beach on February 1, 1977 causing her to brake suddenly, causing her son to be thrown forward and injured. (b) Claim of Grace Secketa for damage to her car, Secketa allegedly sustained when a tree limb fell off of a City vehicle onto her parked car at the southeast corner of Ocean and "G" Streets in Balboa on February 9, 1977. (c) Claim of Velma C. Welch for damage to her Welch gate, allegedly sustained when a police officer stepped on and broke the handle of her gate at 2021 Galatea Terrace in Corona del Mar on February 7, 1977. (d) Claim of Jo Ann Pendleton for personal Pendleton injuries sustained when she fell into a storm drain at 38th Street and Balboa Boulevard in Newport Beach on February 16, 1977. She alleges faulty maintenance of the storm drain. (e) Claim of Eddie Lee Mitchell for damage to his Mitchell car, allegedly sustained when a City vehicle struck his car from behind at Pacific Coast Highway and Riverside Avenue in Newport Beach on January 3, 1977. 6. The City Clerks referral of the following Summons and Complaint to the insurance carrier was con- firmed: (a) Summons and Complaint of Ethel Hofstra for Hofstra personal injuries, Case No. 26 -26 -45 in the Orange County Superior Court. The original claim stated that she tripped on a raised sidewalk on Orchid Street in Corona del Mar on or about July 15, 1976. 7. The following Application for Leave to Present Late Claim was denied: (a) Application for Leave to Present Late Claim Vairo of Josephine Vairo for personal injuries allegedly sustained when she fell on an uneven part of the sidewalk on Balboa Boule- vard on August 24, 1976. B. The plans and specifications for the Repair of Roof Slabs Roof Slabs, Service Area No. 1, Corona del Mar CdM Beach i Volume 31 - Page 55 MT COUNCILMEN MINUTES L 'f P c� �(� ROLL CALL Loo February 28, 1977 inincx Main Beach, Contract No. 1903, were approved; and the City Clerk was authorized to advertise for bids to be opened at 2:00 P.M. on March 15, 1977. • (Report from the Public Works Director) 9. The plans and specifications for Alley Improve- Alley Impry ments and Sewer Replacement on Balboa Island and Balboa Is Balboa Peninsula 1976 -77, Contract No. 1880, were and approved; and the City Clerk was authorized to Balboa Penii advertise for bids to be opened at 10:30 A.M. on March 17, 1977. (Report from the Public Works Director) 10. Removed from the Consent Calendar. 11. The work on the Timber Pile Replacement 1976 -77, Timber Pile Contract No. 1827, was accepted; and the City Replacemnts Clerk was authorized to file a Notice of Comple- tion and to release the bonds 35 days after Notice of Completion has been filed. (Report from the Public Works Director) 12. Harbor Permit Application X1225 -1804 by W. P. Harbor Ritter to make a revision of an existing pier and Permits slip located at 1804 S. Bay Front, Balboa Island was approved, subject to the approval of the U. S. Army Corps of Engineers. (Report from the Marine Department) 13. The following budget amendments were approved: • BA -66, removed from the Consent Calendar. BA -67, $5,000.00 transfer of Budget Appropriations to transfer funds from Replacement of Sprinkler System, Balboa Island to Construction of West Newport Park, from Park and Recreation Fund to Building Excise Tax Fund. (Report from the Parks, Beaches and Recreation Director) BA -68, removed from the Consent Calendar. BA -69, $38,000.00 transfer of funds, increase in Budget Appropriations and decrease in Unappropri- ated Surplus for construction of partial storage vard and site improvements at the 16th Street Utility Yard, from Construction Improvement /New MacArthur to Repair /Betterments Reservoir Site, BA -70, removed from the Consent Calendar. BA -71, $31,500.00 transfer of Budget Appropria- tions for software, Digital Dialer Receiver, and 16K word core memory addition for Phase II of Police Alarm Monitoring System, from Police - Rolling Equipment to Police, Services - Profes- sional, Technical, etc. and Equipment, N.O.C., General Fund. (Report to the City Manager from the Chief of Police) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. BA -70, $56,000.00 transfer of Budget Appropriations for construction of partial improvements to Superior Avenue Corporation Yard, from Volume 31 - Page 56 COUNCILMEN 1p q pO P s F c���'v per ROLL CALL gyp^ sy y2�s �s \ \ Moon Ayes Motion Ayes Motion Ayes Noes • Motion Ayes Motion Ayes Motion Ayes Noes • x x x MINUTES February 28, 1977 RO Unappropriated Surplus to Improvement /Corporation Yard, General Fund, was presented. BA -70, as presented, was disapproved; the amount x was reduced from $56,000 to $23,500; and the x x x x x following items were retained: Relocate Edison guy wires $2,500 Grading 6,300 . Drive approach and paving 8,800 Relocate water service and appurtenances 4,700 2. A report was presented from the Public Works Resub 518 Director regarding Resubdivision No. 518, located on the southwesterly corner of East Coast Highway and Jasmine Avenue in Corona del Mar. x Resolution No. 9020, approving a subdivision R -9020 x x x x x agreement between the City and Albertsons, Inc. in connection with Resubdivision No. 518, and authorizing the Mayor and City Clerk to execute same, was adopted. 3. BA -66, $7,500.00 transfer of Budget Appropriations Labor for a consulting labor negotiator, from Unappropri Negotiator x ated Contingency Reserve to Personnel, Services - x x Professional, Technical, etc., General Fund, was x x x I approved. 4. A letter addressed to the Mayor from the Los Unemployment Angeles County Board of Supervisors was presented Insurance requesting moral and financial support to challenge H.R. 10210, now Public Law 94 -566, which provides for mandatory unemployment insurance coverage for all public employees beginning January 1, 1978. x The letter was ordered filed, and the staff was x x x x x directed to prepare a letter for the Mayor's signature to Supervisor Pete Schabarum asking what course we may take to help. 5. A letter from the Carden School requesting a Carden determination from the Council regarding the School feasibility of a one -year lease of the Cliff x Drive Church site for school purposes was x x x x x referred to staff for report back on March 28, 1977. 6. A report was presented from the Public Works Npt Island Director regarding the.Newport Island Channel Channel Bicycle /Pedestrian Bridge, Contract No. 1900. Bicycle/ Ped Bridge The staff was directed to proceed with the x x x preparation of plans and specifications for the x x bridge. 7. A report was presented from the Marine Director Newport regarding coordination of Newport Bay ecological Bay concerns between the City of Newport Beach and Ecolog Orange Coast College. Study i Volume 31 - Page 57 COUNCILMEN 9•P NFL � �G\n 9��T y ZZ�s ROLL CALL \ \ February 28, 1977 MINUTES LNI?E RS Isle Iicycle ;Port- )n ;treet Cmte :il :ions BA -68, $4,500.00 transfer of Budget Appropriations for the City's share of Newport Bay Ecological Concerns Study, from Unappropriated Contingency Reserve to Services- Professional, Technical, otion x etc., General Fund, was approved with the con - Ayes x x x x x x x dition that this be a one -time payment. 8. A letter from Charles P. Avery was presented Lido regarding the addition of a turnstile or a Ped /Y similar kind of barrier at each end of the Lido Bridg Island Bridge to help keep bicycles out of the pedestrian section. Motion x The staff was directed to write a letter to the Ayes x x x x x x x Lido Isle Community Association alerting them to this problem and encouraging them to educate the children in the community to the laws concerning rights -of -way on the bridge, and also to refer to the Parks, Beaches and Recreation Commission to study the possibility of a turnstile installa- tion. 9. A report was presented from the Public Works Tran: Department regarding the development of a atic transportation model. Mode] Resolution. No. 9021, authorizing the Mayor and R -90, City Clerk to execute engineering service agree- ments between the City and Herman Basmaciyan and Associates and Herman Kimmel and Associates, Inc. in connection with development of trans - Otion x portation model, was adopted; and the staff was Ayes x x x x x x x directed to make periodic progress reports to Council. ADDITIONAL BUSINESS: 1. Mayor Dostal's appointment of Councilmen Trudi Off -; Motion x Rogers and Lucille Kuehn to the Off- Street Prkg Ayes x x x x x x x Parking Committee was confirmed. Motion x 2. The City Attorney was directed to join in the Counc Ayes x x x x x x amicus brief of the City of San Fernando in the Elect Noes x case of Aranda v. Van Sickle before the U. S. Court of Appeals in support of the concept that local agencies should have the right to determine the manner of electing City Councils, and the City Attorney was further authorized to expend $50.00 out of his budget in this regard. 3. Draft letters dated February 18 and February 28 HUD to the Department of Housing and Urban Development were presented asking for a written opinion from HUD as to whether an additional one -year extension of the private school lease on the property in Corona del Mar would jeopardize the City's third -year block grant application. �tion x The staff was authorized to send the draft yes x x x x x x x letter dated February 28, with the inclusion of Volume 31 - Page 58 Isle Iicycle ;Port- )n ;treet Cmte :il :ions COUNCILMEN 90 y�0Pc F\ p N G cFSTg� y2 /S+ ROLL CALL E • 11 1 _y.''Y t, fVE`JVF"CRY 6,f �41I MINUTES February 28, 1977 INDEX - _ - the third paragraph from the letter dated February 18 pertaining to the funds received from the private school lease. Mayor Dostal declared the meeting adjourned at 11:15 P.M Mayor ATTE T: City Clerk i �0'.r.. I i Volume 31 - Page 59 i INDEX - _ -