HomeMy WebLinkAbout06/12/1978 - Regular MeetingCOUNCILMEN
1!
ROLL CA LL,
CITY OF NEWPORT BEACH
Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: June 12, 1978
MINUTES
INDEX
ent
x
x
x
x
x
it
x
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
May 22, 1978 was waived, and said Minutes were approved
Ayes
x
x
x
x
x
x
x
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:
Mayor Ryckoff announced that the Council had agreed to
take the first Agenda item, the Griswold hearing, out
of order and hold the hearing after the public hearing
regarding the Preliminary Budget.
1. Mayor Ryckoff opened the continued public hearing
Newport
regarding Planning Commission Amendment No. 506, a
Center
request of The Irvine Company to amend the Planned
Corporate
Community Development Plan for Corporate Plaza to
Plaza
permit general changes in the Land Use Map and
(2091)
Text on property bounded by Newport Center Drive,
Farallon Drive, Avocado Avenue and East Coast
Highway in the Planned Community, of Corporate
Plaza; zoned P -C.
A letter was presented from The Irvine Company
requesting a continuation until July 10.
Oion
x
The hearing was continued to July 10.
Ayes
x
x
x
x
x
x
x
2. Mayor Ryckoff opened the public hearing regarding
Alley Re-
the proposed realignment of alleys in Block 5,
alignmt
East Newport (in City block bounded by Balboa
E Npt
Boulevard, Eighth Street, West Bay Avenue and
B1 5
Seventh Street).
(2947)
A report was presented from the Public Works
Department.
Motion
x
The hearing was continued to June 26.
.Ayes
x
x
x
x
x
x
x
3. Mayor Ryckoff opened the public hearing regarding
Jane Parks
the appeal of Jane C. Parka, Balboa, from the
Appeal
decision of the Planning Commission denying
(2762)
Modification No. 2227, a request to permit the
construction of a six -foot slumpstone fence to
replace an existing six -foot wooden fence which
encroaches to one foot of the rear property line,
where the Code requires a five -foot setback when
abutting a ten -foot wide alley, at 1608 -10 East
Balboa Boulevard between H Street and I Street on
Peninsula Point; zoned R -1.
A report was presented from the Community Develop-
ment Department.
A copy of the appeal application was presented.
Volume 32 - Page 128
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
i
ROLL CALL< .9?i�� P��S June 12, 1978 INDEX
Ralph Parks addressed the Council.and urged
approval of the Modification.
Motion
x
The hearing was closed after it was determined
Ayes
x
x
x
x
x
x
x
that no one else desired to be heard.
Motion
x
The decision of the Planning Commission was
Ayes
x
x
x
x
x
x
x
sustained incorporating the findings in the staff
report.
4. Mayor Ryckoff opened the public hearing regarding
Traffic
Ordinance No. 1765, being,
Phasing
Plan
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1765
ADDING CHAPTER 15.40 TO THE NEWPORT BEACH
(2873)
MUNICIPAL CODE ESTABLISHING A TRAFFIC
PHASING PLAN TO COORDINATE DEVELOPMENT OF
CERTAIN PROJECTS WITH TRANSPORTATION
FACILITIES IN NEWPORT BEACH.
A letter with a copy of LEAF's amendments to the
ordinance was presented.
A letter from E. P. Benson was.presented opposing
the ordinance.
The following people addressed the Council in
opposition to the ordinance: Gordon.Young; Glenn
Martin; Peter Kremer, President of The Irvine
Company; Rudy Barron, President of the Newport
•
Harbor Area Chamber of Commerce; Tom Morrisey,
representing the Ford Aerospace & Communications
Corporation, Aeronutronic Division; Lloyd Ross,
representing Enterprise Construction regarding
Corporate Plaza; and Stephen Gavin, President of
Pacific Mutual Life Insurance Company.
Motion
x
Glenn Martin was granted three additional minutes
Ayes
x
x
x
x
x
x
x
for his presentation.
Motion
x
Peter Kremer was granted two additional minutes
Ayes
x
x
x
x
x
x
x
for his presentation.
Barry Allen addressed the Council in favor of the
ordinance.
Motion
x
The hearing was closed after it.was determined
Ayes
x
x
x
x
x
x
x
that no one else desired to be heard.
Motion
x
Mayor Ryckoff made a motion to amend Ordinance
No. 1765 and reintroduce and set for public
hearing on June 26.
Motion
x
Councilman Heather made a substitute motion to
Ayes
x
x
restate the language of Section 15.40.020, which
Noes
x
x
x
x
x
motion failed to carry.
Ryckoff's motion,
x
x
x
x
x
A vote was taken o
s
x
x
which motion carried.
Volume 32- Page 129
COUNCILMEN
F,� s
ROLL CALL
CITY OF NEWPORT BEACH
June 12, 1978
MINUTES
INDEX
5. Mayor Ryckoff opened the public hearing regarding
Budget
•
the Preliminary. Budget as prepared.by the City
1978 -79
Manager for the fiscal year 1978 -79, pursuant to
(2934)
Section 1102 of the Newport Beach City Charter.
A report was presented from the City Manager
regarding the 1978 -79 Budget Check List.
A report from the Friends of OASIS was presented
regarding the May 12, 1978 packet addenda.
A letter from N. H. Rousselot was presented
opposing any reduction in paramedic personnel.
Motion
x
The hearing was continued to Friday, June 16 at
Ayes
x
x
x
x
x
x
x
6:30 p.m.
6. Mayor Ryckoff opened the continued public hearing
Griswold
on the appeal of Mr. and Mrs. Donald G. Griswold
Appeal
from the decision of the Planning Commission
(2924)
denying Variance No. 1066, a request to permit
construction of a single - family dwelling that
exceeds the height limit in the 24/28 Foot Height
Limitation District, with encroachment into
required front yard setback on property at 2333
Pacific Drive, on the southerly side of Pacific
Drive, adjacent to Begonia Park in Corona del
•
Mar, zoned R -1.
A report was presented from the Community Develop -
ment Department.
Gordon Glass, architect representing Mr. and Mrs.
Griswold, stated that the appellants were willing
to continue the hearing. '
Motion
x
The hearing was continued to June 26.
Ayes
x
x
x
x
x
x
x
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1766, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Harbor
AMENDING SECTION 17.41.040 OF THE NEWPORT
Begs
BEACH MUNICIPAL CODE RELATING TO FEES FOR
0 -1766
PERMITS FOR COMMERCIAL ACTIVITIES ON THE
(386)
WATERS OF NEWPORT HARBOR,
was presented for second reading.
Motion
x
Ordinance No. 1766 was adopted.
Ayes
x
x
x
x
x
x
x
2. Ordinance No. 1767, being,
Res Bldg
Records
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1767
•
AMENDING SECTION 15.35.040 OF THE NEWPORT
(819)
Volume 32 - Page 130
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9 Ty�u,
ROLL CALL �d 9 s June 12, 1978 INDEX
BEACH MUNICIPAL CODE RELATING TO APPLICA-
•
TIONS FOR REPORTS OF RESIDENTIAL BUILDING
RECORDS,
was presented for second reading.
Motion
x
Ordinance No. 1767 was adopted.
Ayes
x
x
x
x
x
x
x
3. Ordinance No. 1768, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Water
AMENDING SECTION 14.20.030 OF THE NEWPORT
Meters
BEACH MUNICIPAL CODE RELATING TO THE AMOUNT
0 -1768
OF DEPOSIT CHARGED FOR TESTING WATER METERS,
(2948)
was presented for second reading.
Motion
x
Ordinance No. 1768 was adopted.
Ayes
x
x
x
x
x
x
x
CONTINUED BUSINESS:
1. A report was presented from the City Manager
Balboa
regarding the meeting held with the prospective
Pier
concessionaire concerning the Balboa Pier Con-
Concession
cession renovation.
(726)
Motion
x
The bid proposal was rejected and the bidding
�a
x
x
x
x
x
x
x
will not be resumed at this time. '
2. A report was presented from the Parks, Beaches
Surfing
and Recreation Commission regarding Ocean Front
Regs
Surfing.
(281)
The following people addressed the Council in
favor of body surfing only between 40th and 44th
Streets: Dick Clucas; Parks, Beaches and Recreatio
Commissioners Mike Johnson and Gary Lovell; and
Sue Picker.
Motion
x
Councilman McInnis made a motion to postpone the
matter to June 26.
Motion
x
Mayor Pro Tem Williams made a substitute motion
R -9362
Ayes
x
x
x
x
x
to adopt Resolution No. 9362 designating surfing
Noes
x
x
areas and establishing dates and hours when such
surfing areas will be used, and rescinding
Resolution No. 8844; and to review the matter the
second meeting in September, which motion carried.
3. A report was presented from the ad hoc Committee
Tract 9676/
on Open Space regarding the six acres of property
Sea Island
in the West Bay area.
Park
Keith Greer, representing The Irvine Company
stated they were pleased to offer the property
and concurred with the choice.
•
Dan Emory addressed the Council in favor of the
location selected.
Volume 32 - Page 131
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
9 C.
to 9 0Ati Gs 2�J+
F
ROLL CALL �d'� s June 12, 1978 INDEX
ion
x
Resolution No. 9363, authorizing the Mayor and
s
x
x
x
x
x
x
x
City Clerk to execute an agreement between the
City of Newport Beach and The Irvine Company for
the Sea Island Resubdivisiou Park Dedication, was
adopted.
4. A status report was presented from the Community
Building
Development Department regarding the development
Moratorium
of Bayside Square, Westcliff Grove, Bank of
(2589)
Newport and Civic Plaza projects.
A report was presented from the City Attorney
regarding vesting.
A letter was presented from the Bank of Newport
stating they have a vested right to proceed with
their development.
The following people addressed the Council in
connection with the projects they represent:
Wally Geer for Bayside Square who presented the
Council with the findings of an independent
traffic consultant; Dennis Harwood, attorney for
the Bank of Newport; and David Neish of The
Irvine Company regarding Westcliff Grove presented
the Council with a traffic survey:
Motion
x
David Neish was granted an additional five minutes
as
x
x
x
x
x
x
x
for his presentation.
46A
tiou
x
David Neish was granted an additional minute for
Ayes
is
x
x
x
x
x
x
his presentation.
Motion
x
It was determined that Bayside Square, Westcliff
Ayes
x
x
x
x
x
Grove and the Bank of Newport do not have vested
Noes
x
x
rights.
Motion
x
Mayor Ryckoff made a motion that the rights of
Civic Plaza were not vested with these findings:
a) Civic Plaza Planned Community contains
26.12 acres.
b) Approximately 85 per cent of the land
within the planned community boundaries
has not been developed.
c) The only development in existence on
the Plaza site relates to public and_quasi-
public facilities which are distinguishable
from other planned communities in Newport
Beach.
d) All improvements on the site other than
the Art Museum and the library were installed
prior to the Civic Plaza Planned Community
text.
•tion
x
Councilman Strauss made a substitute motion to
postpone the matter of Civic Plaza's vesting to
July 10.
Peter Kremer addressed the Council and advised that
The Irvine Company had accomplished the rough mass
grading of the entire site and had paid for all of
the roads surrounding the project.
Ayes
x
x
x
x
A vote was taken on Councilman Strauss' substitute
Noes
x
x
x
motion, which motion carried.
Volume 32 - Page 132
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
G��p (i�0�9ti9G �Zi
ROLL CALL �s'� 9 2 107A INDEX
5. A report was presented from the Public Works
BI Traffic
Department regarding the Balboa Island Traffic
Circulatn
•
Circulation Plan.
Plan
(2955)
A letter from the Balboa Island Improvement
Association concerning the circulation plan was
presented.
A later letter from the Balboa Island Improvement
Association was presented requesting that the
implementation of the Balboa Island Circulation
Plan be delayed until after summer.
70 petitions from the Balboa Island Chamber of
Commerce bearing 982 signatures were presented
opposing the request for certain improvements.
The following people addressed the Council in
opposition to the circulation plan: Lewis
Akerman, Jr.; Jack Hildreth, who presented seven
additional petitions bearing 69 signatures and a
sign; John Reeder; and Bob Yardley.
Ed Siebel addressed the Council in favor of the
circulation plan.
The following people addressed the Council with
other comments: Bob Millar, who suggested the
plan be dropped; and Sue Picker stating that more
notice should be given about new projects that are
•
started.
Motion
x
A motion was made to approve the circulation plan,
Ayes
x
x
which motion failed.
Noes
x
x
x
x
x
6. Planning Commission appointments:
Planning
Comsn
Motion
x
Councilman McInnis made a motion to consider in
(530F)
addition to the Appointments Committee recommends -
tions the names of Helen McLaughlin for the term
ending June 30, 1979 and Margot Skilling for the
term ending June 30, 1980.
Motion
x
Councilman Strauss made a substitute motion to
Ayes
x
x
x
x
refer the matter back to the Appointments Committee
Noes
x
x
x
requesting they submit two nominations for each
opening, which motion carried.
CURRENT BUSINESS:
1. A report was presented from the Public Works
Inspiration
Department regarding Inspiration Point and Kings
Point and
Road View Parka, Contract No. 2005.
Kings Rd Vw
Parks
The informalities in Hondo Co.'s bid were waived;
(1975)
and Resolution No. 9364, authorizing the Mayor and
City Clerk to execute a contract between the City
R -9364
of Newport Beach and Gaudenti and Sons Landscaping
•
Corporation for Landscaping Services at Inspiration
Point and Kings Road View Park, was adopted.
Volume 32 - Page 133
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
y \%d0,ROLL CALL d' June 12, 1978 INDEX .
2. Mayor Ryckoff requested the City Clerk to open and
Legal Notices
•
announce the proposals received by her on or
(547F)
before the hour of 7:30 p.m. on June 12, 1978 for
a contract covering the publication and printing
of all legal notices or other material required to
be published in a newspaper of general circulation
published and circulated in the City of Newport
Beach, for the fiscal year ending June 30, 1979.
The City Clerk stated that three bids bad been
received from the .Newport Harbor Ensign, the
Newporter -Mesa News and the Orange Coast Daily
Pilot. The Clerk opened the bids and announced
the basic bid proposals as follows:
Per Column Inch
Newport Harbor Ensign $2.50
Newport -Mesa News $2.66
Orange Coast Daily Pilot $3.91 - $3.12
The City Clerk stated that the bids contained
statements regarding type size and column widths.
Motion
x
The bids were referred to staff for analysis and
Ayes
x
x
x
x
x
x
x
report back on June 26.
3. A report from the Marine Department regarding
x
Section 20 -C of the Harbor Permit Policies on "Set
46ion
B
x
x
x
x
x
x
x
Backs" was received and ordered filed.
4. A letter dated May 15 to the Bicycle Trails
Bicycle
Citizens Advisory Committee from Thomas L.
Trails
Schulman tendering his resignation was presented.
CAC
. Motion
x
Mr. Schulman's resignation was accepted with
Ayes
x
x
x
x
x
x
x
regret; the City Clerk was directed to send a
Certificate of Appreciation; and (District 6)
Councilman Hummel's appointment to fill the
unexpired term of Thomas L. Schulman ending
December 31, 1978 was postponed to June 26.
5. Board and Commission appointments for four -year
Boards b
terms ending June 30, 1982:
Comsn Appts
Motion
x
Mayor Ryckoff made a motion to postpone the
recommendations of the Council Appointments
Committee to June 26 for the Board of Library
Trustees, the Civil Service Board and the Parks,
Beaches and Recreation Commission.
Motion
x
Councilman McInnis made a substitute motion to
Ayes
x
x
x
x
x
refer the appointments back to the Appointments
Noes
x
x
Committee in order that they could recommend at
least two names for each appointment to the Board
of Library Trustees, the City Arts Commission, the
Civil Service Board and the Parka, Beaches and
•
Recreation Commission, which motion carried.
The staff was directed to bring back to the
Council wording that would amend Council Policy
Volune 32 - Page 134
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
3q�P �� �o ygG22i
ROLL CALL s June 12, 1978 INDEX
•
A -4 stating that nominations for appointments to
Boards and Commissions include no less than two
candidates per opening.
6. A letter from the Friends of OASIS requesting a
Sr. Citizens
transfer of items in the 1977 -78 fiscal year
Center
budget.
(2784)
Motion
x
The request for a transfer of items in the 1977 -78
Ayes
x
x
x
x
x
x
x
budget was approved.
Councilman McInnis was excused from the meeting.
CONSENT CALENDAR:.
Motion
x
The following actions were approved by one motion
Ayes
x
x
x
x
x
x
affirming the actions on the Consent Calendar:
Absent
x
1. The following ordinances were introduced:
Set for public hearing on June 26, 1978:
(a) Proposed Ordinance No. 1769, being, AN
Zoning
ORDINANCE OF THE CITY OF NEWPORT BEACH
Code
AMENDING SECTION 20.01.070 OF THE NEWPORT
Reclassifi-
BEACH MUNICIPAL CODE TO EXEMPT SINGLE- FAMILY
cation
DWELLINGS AND DUPLEXES FROM SITE PLAN REVIEW
0 -1769
REQUIREMENT IN A SPECIFIC PLAN AREA FOR WHICH
(2306)
•
A SPECIFIC AREA PLAN HAS NOT BEEN ADOPTED,
Planning Commission Amendment No. 509. (A
report from the Community Development
Department)
Passed to second reading on June 26, 1978:
(b) Proposed Ordinance No. 1770, being, AN
Hotel
ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING
Loitering
CHAPTER 10.45 ENTITLED. "HOTEL - LOITERING"
0 -1770
TO TITLE 10 OF THE NEWPORT BEACH MUNICIPAL
(2983)
CODE. (A report from the City Attorney)
(c) Proposed Ordinance No. 1771, being, AN
Sewer Use
ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING
Charge
SECTION 14.24.065 TO THE NEWPORT BEACH
0 -1771
MUNICIPAL CODE ESTABLISHING A SEWER USE
(2984)
CHARGE. (A report from the Public Works
Department)
2. The following resolutions were adopted:,
(a) Resolution No. 9365 establishing the ad hoc
Cncl Cmtes
Airport Negotiating Committee. (Attached)
R -9365
(1123)
(b) Resolution No. 9366 authorizing the Mayor and
City Clerk to execute a contract to serve
Water
water outside the City to General Crude Oil
R -9366
• .
Company. (A report from the Public Works
Department)
(576).
(c) Resolution No. 9367 authorizing the Mayor and
Water
City Clerk to execute a contract to serve
R -9367
(576)
Volume 32 - Page 135
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
i�
ROLL CALL �J P s June 12, 1978 INDEX
water outside the City to Pacific Telephone
•
and Telegraph Company.
(d) Resolution No. 9368 authorizing the Mayor and
Water
City Clerk to execute a contract . to serve
R -9368
water outside the City to Orange County
(576)
Sanitation District.
(e) Resolution No. 9369 authorizing the Mayor and
Water
City Clerk to execute a contract to serve
R -9369
water outside the City to Armstrong Petroleum
(576)
Corporation.
(f) Resolution No. 9370 authorizing the Mayor and
Water
City Clerk to execute a contract to serve
R -9370
water outside the City to William L. Pereira
(576)
Associates.
(g) Resolution No. 9371 authorizing the Mayor and
OrCo
City Clerk to execute an agreement between
Dist Attny
the City of Newport Beach and the County of
R -9371
Orange for District Attorney Prosecution
(1673)
Services. (A report from the City Attorney)
(h) Removed from the Consent Calendar.
(i) Resolution No. 9372 authorizing the Mayor and
Library
City Clerk to execute a Grant of Easement
R -9372
between the City of Newport Beach and the
(2030)
Southern California Edison Company for
•
electrical easements over a portion of the
Newport Center Branch Library site. (A
report from the Public Works Department)
(j) Resolution No. 9373 authorizing the Mayor and
W Cat Hwy
City Clerk to execute a contract between the
Widening
City of Newport Beach and Clarke Contracting
R -9373
Corporation for West Coast Highway Improve-
(2552)
ments from 57th Street to the Santa Ana
River, Contract No. 1927 (A report from the
Public Works Department)
(k) Resolution No. 9374 authorizing the Mayor and
Off -Site
City Clerk to execute an Off -Site Parking
Parking
Agreement between the City of Newport Beach
UP 1866
and Carina E. Arnett, Beverly Sheedy, and
R -9374
Phyllis McGill in connection with Use Permit
(2985)
No. 1866. (A report from the Community
Development Department)
(1) Resolution No. 9375 authorizing the Mayor and
Off -Site
City Clerk to execute an Off -Site Parking
Parking
Agreement between the City of Newport Beach
Wayne
and Pilar Wayne, in connection with Use
R -9375
Permit No. 1772 (Amended). (A report from
C -.-a03 .
the Community Development Department)
138)
(m) Resolution No. 9376 authorizing the Mayor and
Off -Site
•
City Clerk to execute an Off -Site Parking
Parking
Agreement between the City of Newport Beach
Durkee
R -9376
(2987)
Volume 32 - Page 136
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROLL CALL d' June 12, 1978 INDEX
•
and Robert C. Durkee, in connection with Use
Permit No. 1862. (A report from the Community
Development Department)
(n) Resolution No. 9377 approving the Orange
Bicycle.
County Safer Off- System Roads Program and the
Trails
method of distribution of funds. (A report
R -9377
from the Public Works Department)
(205F)
(o) Resolution No. 9378 requesting the County of
Bicycle
Orange to allocate Safer Off - System Roads
Trails
Program funds for the 1976 -77 fiscal year.
R -9378
(205F)
(p) Resolution No. 9379 requesting the County of
Bicycle
Orange to allocate Safer Off - Systems Roads
Trails
Program funds for the 1977- 78.fiscal year.
R -9379
(205F)
3. The following communications were referred as
indicated:
(a) To the staff for reply, a letter from William
Variance
C. Hardesty requesting Council clarify their
1067
views to him on the action taken in con -
(2923)
nection with Variance No. 1067 concerning the
construction of a dwelling at 111'lg Park
Avenue, Balboa Island. (Copies mailed to
Council)
(b) To staff for reply, a letter from H. A.
City Hall
•
Harleys suggesting glass doors be 'installed
(356)
at City Hall in order to eliminate accidents.
(Copies mailed to Council)
(c) Removed from the Consent Calendar.
(d) To staff for reply, a letter from Norman N.
Traffic
Tillner regarding traffic interference on
Complaints
Hazel Drive which has been caused by the Five
(1154F)
Crowns Restaurant's new loading dock for
trucks on the west side of Hazel Drive.
(Copies mailed to Council)
(e) To staff for inclusion in on -going study, a
Traffic
letter from Emma and Robert Newton urging
Complaints
support for the acquisition of the proposed
(1154F)
Laguna Greenbelt, and also questioning the
wisdom of proceeding with the San Joaquin
Freeway. (Copies mailed to Council)
(f) To staff for reply, a letter from the Orange
Condominium
County Fair Housing Council regarding condo-
Conversions
minium conversions. (Copies mailed to Council)
(1920)
(g) To staff for reply, a letter from the Orange
State Dept
County Department of Housing and Community
Housing &
Development regarding Article 34 Information
Community
Clearinghouse. (Copies mailed to Council)
Dev (2990)
•
(h) To Pending Legislation and Procedural Ethics
Pending
Committee, a request from the City of Avalon
Legislation
for a resolution supporting Assembly Bill
(1429F)
Volume 32 - Page 137
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ROIL CALL 97id'T psi June 12, 1978 INDEX
•
1992 pertaining to a $400,000 grant from the
State Safe Water Fund to the City of Avalon
to install new salt water lines and to
refurbish already existing lines. (Copies
mailed to Council)
4. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) A letter from Esther L. Huber regarding the
Beek pier, the airplanes and the bicycles
which are a hazard on Balboa Island, (Copies
(600)
mailed to Council)
(b) A letter from Eugene Melinkoff expressing
appreciation for Council Policy S -1. (Copies
mailed to Council)
(2873)
(c) A copy of a letter to the California Coastal
Commission from George Thomas regarding the
cribwall at the entrance to Lido Island
Bridge. (Copies mailed to Council)
(1643)
(d) A letter from Victoria Brownell regarding
preserving the ocean front bluffs. (Copies
(2831)
mailed to Council)
(e) A letter from Jerome Berg concerning the
recent decision of the Alameda Superior Court
which threatens a former Albany City Council -
•
man with bankruptcy. (Copies.mailed to
(20)
Council)
(f) A copy of a letter to The Irvine Company from
Lee Van Slyke about the lack of parking in
Parking Structure II where.he is a lessee.
(32F)
(Copies mailed to Council)
(g) A resolution of the City of Irvine acknowl-
edging the importance of Orange County
Airport and the importance of pursuing a
noise abatement program in the Airport's
request for a noise standard variance.
(195)
(Copies mailed to Council)
(h) Status reports from the Orange County Housing
Authority. (Attached)
(1272)
(i) A letter to the City Manager from Senator
Cranston regarding the Social Security
Financing Amendments. (Attached)
(2224)
(j) A letter from the State Office of Planning
Research regarding the provisions of Assembly
Bill 884 which was adopted to clarify the
public permitting process and establishing
specific periods within which agencies must
make decisions regarding development pro-
(1376)
jects. (Copies mailed to Council)
(k) A letter from the State Solid Waste Manage-
ment Board regarding the litter control grant
criteria standards. (Copies mailed to
(2046)
Council)
Volume 32 - Page 138
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
11 y f� y� It
9! C�yi+i
ROLL CALL! Ldp June 12, 1978
IN�1FY
(1) Agenda of the Board of Supervisors meetings
•
of May 23, 24, 30, 31, June 6 and 7, 1978.
(20)
5. Claims for damages:
The following were denied and the City Clerk's
referral to the insurance carrier was confirmed:
Claims
(a) Claim of Judy A. Aldrich.for loss of personal
Aldrich
property, mental anguish and personal in-
(2789)
convenience caused by flooding of the 700
Iris Avenue block on March 1, 1978 because
the storm drains were not able to handle the
heavy rains.
(b) Claim of Allstate Insurance Company as
Allstate/
subrogee for their insured, Helen Connery
Long
Long, for property damage to her automobile
(2965)
on May 5, 1978 when it was hit by a Newport
Beach Police motorcycle at Jamboree Road and
Bison Avenue.
(c) Claim of Irving X. and Eleanore June Burg for
Burg
property damage to their home at 2301 Bayside
(2966)
Drive when it was flooded with A feet of
water during the rains on or about February
28, 1978.
(d) Claims submitted by their representative,
Jalbert,
Donna Jalbert, for property damage which
et al
occurred on March 1, 1978 due to flooding
(2967)
caused by inadequate storm drain facilities
from the following residents of Corona del
Mar:
Ev Robinson, 702 Iris Avenue
Jacob Padilla, 702 Iris Avenue
Ramona R. Host, 704 -A & B•Iris Avenue
Jeffrey D. Cunningham, 706 -A & B Iris
Avenue
Donna Jalbert and Donale Jalbert, 708
Iris Avenue
Mr. and Mrs. James R. Kellahin, 710 Iris
Avenue
Kenith Lee Moe, 710'h Iris Avenue
Stephen J. Sanders, 710' Iris Avenue
R. J. Sunderland, 714 Iris Avenue
F. C. McKay, 707 Jasmine Avenue
Larry Jordan, 711 Jasmine Avenue
Faramarz Azizi, 71131 Jasmine Avenue
Dennis Casino, 713 Jasmine Avenue
Roger Byron, 719 Jasmine Avenue
(e) Claim of Roy Kunkle and Smith Bacon for
Kunkle/
property damage at 322 Heliotrope Avenue
Bacon
where the entire sidewalk slopes toward their
(2968)
property, and during the rains from February
•
26 through February 28 the water drained into
their property causing hillside slippage.
Volume 32 - Page 139
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
V
91i TyF �il�'tj+
ROLL CALL u' June 12, 1978 INDEX
(f) Claim of Francis W. Lattin for personal
Lattin
injuries and property damage resulting from a
(2969)
collision at Newport Center Drive West and
Santa Barbara Avenue on April 29, 1978. He
is alleging that the street lights were not
functioning and contributed to the cause of
the accident.
(g) Claim of Michael L. Meyer for property damage
Meyer
incurred during the months of April and.May,
(2970)
1978 since he is a City employee in the
Utilities Department who is required to wear
a uniform furnished by the City, and he
alleges that he has not received his full
quota of uniforms and has had to wear his
regular clothing which has been ruined.
(h) Claim of Mr. and Mrs. Peter Morrison of 442
Morrison
Dahlia Avenue for personal property and
(2971)
related losses due to flood damage on or
about February 28, 1978 when their home was
flooded with 5'k feet of water.
(i), Claim of Seawind Newport Community Associa-
Seawind
tion for property damage to.the Seawind
Newport
Condominiums, located at Seascape Drive and
Comm Assn
Seaside Circle, when eleven of the sixty
(2972)
dwelling units were water damaged during the
period from February 15 through February 28.
They allege the building inspectors were not
thorough in their inspection during con-
struction.
(j) Claim of Douglas Smith for property damage to
Smith
his eye glasses when he was working as a
(2973)
refuse collector for the City and on May 24,
1978 on River Avenue something exploded in
the hopper of the garbage truck and covered
him, his glasses and another car with a
liquid glue -like material that is not
removable.
(k) Claim of Lee Smith, Insurance Brokers, in
Smith/
behalf of their claimant, Thomas C. Conant;
Content
for damage to their insured's car when it was
(2974)
backed into by a City vehicle at 2305 E.
Coast Highway.
(1) Claim of Betty South of 500 Dahlia Avenue for
South
personal property and related losses due to
(2975)
flood damage on or about February 28, 1978
when her home was flooded with 53g feet of
water.
(m) Claim of Peter M. and Darra J. Sturtevant for
Sturtevant
property damage to their residence at 49 .
(2976)
Montecito Drive during the rains in February,
•
1978 when the accumulation of water caused
the rear end of the property to fall onto the
roadway below lessening the support of the
Volume 32 - Page 140
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
o y�G
LP 2'o
ROLL CALL d June 12, 1978 INDEX
•
residence resulting in floor, wall, window
and ceiling damage. Claimant is alleging
negligence on the part of the City's building
inspectors.
(n) Claim of Sheila Beth Weiner for property
Weiner
damage to her clothing caused by asphalt in a
(2977)
temporary water line at 1608 West Ocean Front
when she washed her medical clinic uniforms
on April 25, 1978.
(o) Claim of Bradley Allen Petrie for property
Petrie
damage to his car on May 26, 1978 when he was
(2981)
involved in a collision with a trash truck on
Balboa Boulevard.
The following were denied:
(p) Application for Leave to Present a Late Claim
McDaniel
of Johnny B. McDaniel for property damage to
(2978)
his automobile when a City tree fell on his
car at 517 Poppy Avenue in Corona del Mar on
February 10, 1978.
(q) Application for Leave to Present a Late Claim
McDaniel
of Johnny B. McDaniel for property damage to
(2979)
his fence, gate and electric walkway light.
when a City tree fell into his yard at 517
Poppy Avenue in Corona del Mar on February
10, 1978.
6. The City Clerk's referral of the following Summons
and Complaint to the insurance carrier was con-
firmed:
(a) Summons and Complaint of David Alan Jones for
Jones
damages, Case No. 290911 in the Orange County
(2829)
Superior Court. The original claim was for
personal injuries, illegal and unlawful
arrest on September 1, 1977.
7. There were no requests for personnel vacancies.
8. The following staff reports were received and
ordered filed:
(a) A report from the Public Works Department
Npt Shores
regarding the Newport Shores Channel.
Channel
(2980)
(b) A report from the Assistant City Attorney
Npt Shores
regarding the former Santa Ana River Channel.
Channel
(2980)
(c)- Areport from the Parks, Beaches and Recrea-
tion Commission regarding lots adjacent to
Park & Vw
City property on Agate Street, Balboa Island.
Sites (1350)
•
9. There were no public hearings scheduled.
10. The plans and specifications for the Construction
Marinapark
of the Marinapark Shelter Facility, Contract No.
(209)
2010, were approved; and the City Clerk was
Volume 32 - Page 141
COUNCILMEN
i
ROLL CALL S
CITY OF NEWPORT BEACH
i
June 12, 1978
MINUTES
INDEX
authorized to advertise for bids to be opened at
2:30 p.m.'on July 12, 1978. (A report from the
Public Works Department)
11. The work on the Alley Improvements - Balboa Island
Alley Impry
and West Newport, 1977 -78, Contract No. 1940, was
BI & W Npt
accepted; the City Clerk was authorized to file a
1977 -78
Notice of Completion and to release the bonds 35
(2871)
days after Notice of Completion has been filed. (A
report from the Public Works Department)
12. Maintenance dredging harbor permit 11112 -400 for
Harbor
Davey's Locker, Incorporated, 400 Main Street was
Permits
approved subject to the conditions of approval
(304F)
listed in the general permit issued to`the City by
the Corps of Engineers. (A report from the Marine
Department)
13. The purchase of 500 feet of jet rodding hose, a
Purchases/
non- budgeted capital outlay item, from available
Cncl Apprvl
funds was approved. (A report from the City
Manager)
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. The expense account of Councilman Evelyn Hart in
the amount of $98.15 for attendance at the League
of California Cities New Mayors and New Councilman
Conference in San Diego May 3 -5, 1978, was approved
17. The application for a sound amplification permit
Sound
in connection with street end closure for a party
Amplificatn
in the 200 block of Ruby Avenue, Balboa Island on
Permit
June 16, 1978 from 8:00 p.m, to 10:00 p.m. was
(1564F)
denied. (A report from the Police Department)
18. The following budget amendments were approved:
BA -91, $1,814.00 increase in Budget Appropriations
and increase in Revenue Estimates for awards to
artists and Arts Festival operations with funds
received from entry fees charged to artists, from
Unappropriated Surplus and Donations and Con-
tributions to Non - departmental, Special Departments
Expense, General Fund.
BA- 92,_'$190.00 increase in Budget Appropriations
and increase in Revenue Estimates, a donation from
Mrs. Alice Marchak for purchase of a tree and
plaque; the tree to be planted in Mariners Park in
memory of Mr. Frank G. Tallman, from Unappropriated
Surplus and Donations and Contributions to Parks,
Parkways, etc., Special Department Supplies, Parks
And Recreation Fund. (A report from the Parks,
Beaches and Recreation Department)
BA -93, $40,000.00 increase in Budget Appropriations
for sufficient funds to complete the construction
of approximately 3,700 feet of water main in
Volume 32 - Page 142
CITY OF NEWPORT BEACH.
COUNCILMEN MINUTES
3� A`�c'� 9l 9G 22
O y i
ROLL CALL s June 12, 1978 INDEX
•
Corona del Mar, from Unappropriated Surplus to
Water Main Replacement Program, Water Fund.
BA -94, $14,000.00 increase in Budget Appropriations
for increase in architect's fee due to increased
building size at Senior Citizen Facility, from
Unappropriated Surplus and Reserve for Senior
Citizens to Construct Improvements to Senior
Citizens Facility, Park & Recreation Fund. (A
report from the Parks, Beaches and Recreation
Department)
BA -95, increase and transfer of ($28,787.05) of
Budget Appropriations from Storm Drain Improvement
Program, Resurfacing Jamboree and Annual Street
and Alley Program to Construct Irvine /Baycrest
storm drain improvements, General Fund. Transfer
($20,000.00) from Install and Upgrade Traffic
Signals, State Gas Tax Fund (Section 2106). (A
report from the Public Works Department)
BA -96, $13,800.00 transfer of Budget Appropriations
from'EIR /Plans ($9,500.00) and Install Traffic
Signal.($4,300.00) to Widen Irvine Avenue at
Bristol Street, State Gas Tax Fund (Section 2106).
(A report from the Public Works Department)
BA -97, $6,575.00 Transfer & increase in Budget
Appropriations for construction of Bikeway along
Coast Highway between the Santa Ana River and 57th
Street, from Prior Years Encumbrance to Bicycle
Trails Program, General Fund.
BA -98, $6,219.00 increase in Budget Appropriations
for improvements to West Coast Highway between .
Orange and Colton Streets, from Unappropriated
Surplus to West Coast Highway Improvements, General
Fund.
BA -99, $55,000.00 increase in Budget Appropriations
and increase in Revenue Estimates for improvements
to West Coast Highway and Orange County's con -
tribution to the project, from Unappropriated
Surplus and Donations and Contributions to Widen
Coast Highway, AHFP Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Parks, Beaches and
Sr. Citizens
Recreation Director regarding the application for
Center
funds under Title V of the Older Americans Act for
(2784)
renovations and alterations of the south wing and
the administrative office at the OASIS Center.
Resolution No. 9380, authorizing the Director of
R -9380
the Department of Parks, Beaches and Recreation to
apply for funds under Title V of the Older
Americans Act for renovations and alterations of
ion
x
the south wing and the administrative office at
es
x
x
x
x
x
x
the OASIS Center, and to execute any agreements
Absent
x
pursuant thereto, was adopted.
Volume 32 - Page 143
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
ani i cni i f 3sT 9 June 12, 1978 INDEX
2. The request from Mr. and Mrs. Ernest McClellan for
Traffic
*on
Yes
x
x
x
x
x
x
x
a stop sign at Westminster Avenue and Clay Street
in order to slow traffic was referred to staff for
Complaints
(1154F)
Absent
x
reply.
3. A report was presented from the Parks, Beaches
Senior
and Recreation Director regarding the extension
Citizens
of the bid date for the Senior Citizens Multi-
Multi -Purp
purpose building.
Bldg
(2784)
Motion
x
The extension of the bid date for the Senior Citi-
Ayes
x
x
x
x
x
x
x
zens Multi- purpose building, Contract No. 1981,
Absent
x
from June 29th to August 1, 1978 at 2 :30 p.m. was
approved.
4. A report was presented from the Marine Department
Boat
regarding the request of the Newport Outrigger
Storage
Club for storage of outrigger canoes on the beach
(1213)
at 18th Street and the Bay.
Motion
x
The request for storage of the outrigger canoes on
Ayes
x
x
x
x
x
x
the beach at 18th Street and the Bay by the
Absent
x
Newport Outrigger Club was approved, subject to
the conditions of approval listed in the staff
report.
ADDITIONAL BUSINESS:
x
1. The staff was directed to meet with the
Library
Kion
s
x
x
x
x
x
contractor for the Newport Center Library building
(2030)
Noes
x
to obtain information as to the possibility of
Absent
x
revising the building, the cost of cancellation,
and to report back to Council.
The meeting was adjourned to 6:30 p.m., June 16, 1978
for the public hearing of the Preliminary Budget as
prepared by the City Manager for the fiscal year
1978 -79, pursuant to Section 1102 of the City Charter.
Mayo
ATTEST:
C y Clerk
•
Volume 32 - Page 144