HomeMy WebLinkAbout09/13/1976 - Regular MeetingCOUNCILMEN
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Regular Council Meeting
Place: Council Chambers
MINUTES
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ROLL CALL a r
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Date: September 13, 1976 IN[
Reverend William McQuoid of St. Mark Presbyterian Church
opened the Council Meeting with an invocation as a
memorial for Mayor Howard Rogers whose ten years of
dedicated service on the City Council ended with his death
on September 10, 1576.
Present
x
x
x
x
1
2
Roll Call.
Absent
x
Motion
The reading of the Minutes of the Regular Meeting of
Ayes
x
x
x
x
71
3
August 23, 1976 was waived, and said Minutes were approved
Absent
x
as written and ordered filed.
Motion
The reading in full of all ordinances and resolutions under
Ayes
x
x
x
x
3c
11
consideration was waived, and the City Clerk was directed
Absent
x
to read by titles only.
HEARINGS:
1. Mayor Pro Tem Dostal opened the public hearing on a
Jamb
request initiated by the City of Newport Beach to
Road
certify the Environmental Impact Report for the
Wide
purpose of widening Jamboree Road between Eastbluff
Drive (northerly intersection) and MacArthur
Boulevard.
A report was presented from the Community
Development Department.
•
Assistant Public Works Director Ben Nolan and
Community Development Director Richard Hogan gave
brief staff reports.
The following people addressed the Council and
opposed the proposed widening of Jamboree Road: Burr
Allegaert as an individual and as President of the
Eastbluff Homeowners Association, Steve Yekich, Ken
Clissett, Frank Barnes, Gene Kermin, Ron Schnitger,
William Green, Jeanne Morrison, Joan Cunningham,
Elwood Gwilliam, Helen Koontz and Gary Shallenberg.
Motion
x
Mr. Allegaert was granted four additional minutes
Ayes
x
x
x
x
it
for his presentation.
Absent
x
Bruce Nott and J. R. Blakemore addressed the Council in
favor of the proposed widening of Jamboree Road.
Motion
x
The hearing was closed after it was determined that no
Ayes
x
x
x
x
x
one else desired to be heard.
Absent
x
Traffic Engineer Bill Darnell gave a brief staff
report.
Motion
x
Councilman Kuehn made a motion to certify the Environ-
mental Impact Report as complete as recommended by
•
the Planning Commission.
Councilman McInnis asked that the motion be amended to
include the conditions as stipulated by the Planning
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September 13 1976
Commission, which amendment was accepted by the
maker of the motion.
Ayes
K
x
x
x
x
x
A vote was taken on Councilman Kuehn's amended
Absent
x
motion, which motion carried.
CONTINUED BUSINESS:
1. A report was presented from the Public Works Depart-
Off
ment regarding the effectiveness of the Arcade
P
circulation plan and the off-site parking agreement
Old
for the Old Spaghetti Factory.
Spa
Fac
James Damis, attorney for the Old Spaghetti Factory
addressed the Council regarding the Old Spaghetti
Factory's parking agreements.
Motion
x
Mr. Damis was granted four additional minutes for his
Ayes
X
x
x
x
x
Z
presentation.
Absent
x
The following people addressed the Council regarding
the Arcade circulation plan and opposing the amended
off -site parking agreement for the Old Spaghetti Fac-
tory: Robert Roubian, proprietor of the Crab Cooker,
Roger Bloxham and Michael Gering, attorney repre-
senting the Crab Cooker.
x
Mr. Roubian was granted an additional five minutes
es
l
x
x
x
for his presentation.
btion
sent
x
Motion
x
Mr. Bloxham was granted four additional minutes for
Ayes
X
x
x
x
X
21
his presentation.
Absent
x
Guss Dussin, President of the Old Spaghetti Factory,
and David DeLancy, attorney representing William
Blurock, addressed the Council in favor of the
amended off -site parking agreement for the Old
Spaghetti Factory.
The circulation plan now in effect for the Arcade was
determined to be acceptable; Resolution No. 8882,
R -E
Motion
21
authorizing execution of an amendment to an approved
Ayes
x
x
x
X
31
off -site parking agreement between the City and
Noes
x
Dussin Investment Company (The Old Spaghetti Factory),
Absent
x
to relocate the subject off -site parking spaces, was
adopted; the recommendations and findings of the
Planning Commission with respect to the off -site
parking agreement were incorporated by reference; and
the Community Development Department was instructed
to temporarily monitor the Spaghetti Factory's
parking program to insure the following: (a) that
the valet operation of the main parking lot is
changed to provide full utilization of the 96 on -site
parking spaces; and (b) that the off -site parking
spaces to be provided by the new off -site parking
agreement (South Coast Ship Yard and Design Center)
be utilized by Spaghetti Factory customers.
Volume 30 - Page 213
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-site
rkg/
.ghetti
.tory
3882
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2. A report from the City Manager regarding acquisition
West
•
of the Pacific Electric right -of -way was presented
Newpo
with a report from the Parka, Beaches and Recreation
Park
Commission regarding the phasing schedule for the
development of West Newport Park.
Resolution No. 8883, accepting the offer of the State
R -888:
Department of Transportation to sell certain state -
owned property to the City of Newport Beach and
authorizing the Mayor and City Clerk to accept a
Director's Deed in connection therewith (Parcel Nos.
Motion
21
018188- 01 -02, 027069 -01 -01 and 027069- 02 -01) was
Ayes
x
x
x
x
11
2
adopted; the staff was directed to work up values
Absent
x
of the various options for the acquisition of the
balance of the P. E. right -of -way and report back to
the Council as soon as the data is ready; and the
staff was directed to implement the phasing schedule
as recommended by the Parks, Beaches and Recreation
Commission.
Motion
x
3. (District 5) Councilman Ryckoff's appointment of a
Bicyc
Ayes
x
x
x
31
member to the Bicycle Trails Citizens Advisory
Trail.
Absent
x
Committee to fill the vacancy created by the resigna-
CAC
tion of Helen Reeder was postponed to October 12,
1976.
4. A report was presented from the City Manager regarding
Healt
the City's proposed self- insurance program,
TnAu .
A letter addressed to Ed Huffman, the City's insurance
.
consultant, from the Pilot Life Insurance Company
regarding conversion privileges was received after
the agenda was printed.
Richard Clucas addressed the Council opposing the
proposed self - insurance program, and was granted four
additional minutes for his presentation.
Janice Manning, President of the Newport Beach City
Employees Association, addressed the Council and
expressed concern over possible changes in employees'
basic benefits.
Motion
Councilman Ryckoff made a motion to reaffirm the
Ayes
x
x
City's position regarding the self- insurance program,
Noes
x
x
21
and to continue under the present insurance carrier
-
until such time as the Pilot Insurance Company offers
Abstain
1.1
a conversion which is equal to the present system,
Absent
x
which motion failed to carry.
Motion
31
Councilman McInnis made a motion to continue under
Ayes
x
x
x
x
31
31
the present insurance carrier until July 1, 1977,
Absent
x
which motion carried.
5. A letter was presented from Arthur T. Jones, attorney
Walli
for J. D. Walling, requesting that the Council
Appea
reconsider its action of August 23 denying Variance
No. 1053.
A letter was received after the agenda was printed
from Thomas Henderson requesting that consideration of
Mr. Jones request for reconsideration be postponed for
two weeks.
Volume 30 - Page 214
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Arthur T. Jones addressed the Council regarding his
request for reconsideration of the denial of Variance
lotion
No. 1053.
x
A public hearing was set for September 27 at which
Ayes
KI
X.
x
S
time the Council will reconsider its denial of
Abstain
x
Variance No. 1053.
Absent
x
Motion
x
6. A petition bearing fifty signatures regarding ice
Encroach-
Ayes
K
K
x
x
x
x
plant encroachment into the public right -of -way on
ment/
Absent
x
Edgewater Avenue was postponed to October 12.
105 Edge-
water
7. A letter from the Marinapark Association was pre-
sented asking that the access gates be reinstalled at
Marinapark
either end of the sidewalk along the beach.
Herbert Williams of Marinapark and Mike Rubin,
attorney representing Marinapark, addressed the
Council and asked that the gates be reinstalled.
Gary Lovell addressed the Council and opposed the
.reinstallation of the gates.
Bobby Lovell representing the Central Newport Beach
Community Association and Sue Ficker addressed the
Council regarding the inclusion of the Association in
matters relating to Marinapark.
Motion
Councilman Barrett made a motion to refer the matter
of the sidewalk and gates to the Tidelands Affairs
Committee for discussion with the Marinapark repre-
sentatives.
Motion
x
Councilman McInnis made a substitute motion to
Ayes
K
x
x
reaffirm the Council action taken on June 14 ordering
Noes
K
x
x
the gates removed which opened the beach sidewalk
Absent
x
along Marinapark to the public, which motion failed
to carry.
Councilman McInnis asked that Councilman Barrett's
motion be amended to include the Central Newport
Association as participants in the discussion with
the Tidelands Affairs Committee and the Marinapark
representatives, which amendment was accepted by the
maker of the motion.
Ayes
K
x
x
x
A vote was taken on Councilman Barrett's amended
Noes
x
motion, which motion carried.
Absent
CURRENT BUSINESS:
1. A report was presented from the Environmental Quality
Environ-
Control Citizens Advisory Committee regarding the
mental
resignation of David Tosh from the Committee.
CAC
Motion
K
David Tosh's resignation was accepted with regret,
Ayes
K
x
x
x
x
x
and (District 7) Councilman Williams' appointment of
Absent
x
a member to replace Mr. Tosh was postponed,to
September 27.
2. A letter was presented from Richard H. Spooner
Bicycle &
resigning from the Bicycle Trails Citizens Advisory
Com Dev
Committee and from the Community Development Citizens
CAC's
Advisory Committee.
Volume 30 - Page 215
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Motion
K
Richard Spooner's resignation was accepted with
es
K
x
x
x
x
31
regret, and (District 7) Councilman Williams'
ant
x
appointment of members to the Bicycle Trails and
Community Development Citizens Advisory Committees
was postponed to September 27.
3. A report was presented from the Litter Control
Litter
Citizens Advisory Committee regarding the resignation
Control
of Leslie Rizzo from the Committee and reporting that
CAC
Richard Stubs has been absent from numerous meetings.
Motion
x
Leslie Rizzo's resignation was accepted with
Ayes
F
x
x
x
x
regret, and (District 4) Mayor Pro Tem Dostal's
Absent
x
appointment of a member to the Litter Control Citizens
Advisory Committee was postponed to September 27.
The staff was directed to write a letter to Mr. Stubs
regarding his continued interest in serving on the
Committee.
4. A report was presented from the Marine Department
Harbor
regarding Harbor Permit Application No. 101 -104 of
Permits
The Irvine Company to maintenance dredge 1,000 cubic
yards and place the dredged material against the
adjacent bulkhead at 1201 -1325 Bayside Drive.
Motion
A Negative Declaration prepared for the project was
Ayes
I
C
x
x
x
approved; and the application was approved subject to
Absent
K
the following conditions: (a) the approval of the
U. S. Army Corps of Engineers, (b) that The Irvine
Company provide for the continued surveillance of
the existing bulkheads and (c) that The Irvine Company
provide for the continued maintenance of dredging.and
bulkhead support.
5. A letter from the League of California Cities was
League of
presented requesting the City to designate a voting
Calif
representative and an alternate for the annual
Cities
League Conference.
Motion
x
Milan Dostal was designated as the City's voting
Ayes
9
x
x
x
X
representative at the Annual League Conference in
Absent
x
San Diego, October 17 -20, 1976; and Donald McInnis
was designated as the alternate voting representative.
The City Clerk was directed to notify the League.
6. A letter to Councilman McInnis from Georgia A.
Ensign
Spooner was presented regarding Ensign View Park.
View
Park
Motion
x
The matter was postponed to September 27 to come back
Ayes
K
x
x
x
with a report from the Parks, Beaches and Recreation
Absent
x
Commission on the phasing development for Ensign View
Park.
7. A report was presented from the Public Works Director
Alley
regarding alley paving in Block 3, Balboa Tract (City
Paving
block bounded by Balboa Boulevard, Cypress Street,
Block 3
Harding Street and Adams Street).
Balboa
41ion
x
The staff was directed to notify the owners of property
Ayes
C
K
x
x
x
X in Block 3, Balboa Tract, to construct a Portland ce-
Absent
x
ment concrete alley in their block, using the procedure
found in Chapter 27 of the Improvement Act of 1911.
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MINUTES
8. A-report was presented from the Public Works Director
Mariners
regarding the Mariners Mile Specific Area Plan, one-
Mile
•
way couplet for Pacific Coast Highway.
Specific
Area Plan
Assistant Public Works Director Ben Nolan gave a
brief staff report.
Motion
x
Councilman Ryckoff made a motion that no expenditure
Ayes
x
x
x
of funds be authorized at this time, and the staff was
Noes
K
x
11
directed to take another look at the feasibility of
Absent
x
this matter with consideration being given to traffic
information, estimated costs, and means of financing
and to report back to Council on October 12, which
motion failed to carry.
Motion
X
Councilman Kuehn made a motion to authorize the staff
Ayes
x
x
x
21
2
to investigate the feasibility of a one -way couplet, _
Noes
x.
which motion carried.
Absent
x
CONSENT CALENDAR:
Motion
x
The following items were approved by one motion affirming
Ayes
x
x
x
x
21
2
the actions on the Consent Calendar:
Absent
x
I. The following ordinances were introduced and set for
public hearing on September 27, 1976:
(a) Proposed Ordinance No. 1695, being, AN ORDINANCE
Public
OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS
Hearings
20.80.050, 20.81.040. 20.82.040, 20.84.030,
0 -1695
19.12.040 AND 19.12.070 OF THE NEWPORT BEACH
MUNICIPAL CODE AS THEY PERTAIN TO AND CLARIFY
THE RESPONSIBILITY FOR PROVIDING THE NAMES AND
ADDRESSES OF ADJACENT PROPERTY OWNERS FOR
REQUIRED PUBLIC NOTICES, Planning Commission
Amendment No. 471. (Exhibit) (Report from the
Community Development Department)
(b) Proposed Ordinance No. 1696, being, AN ORDINANCE
Height
OF THE CITY OF NEWPORT BEACH AMENDING SECTION
Limits
20.02.060 AND ADDING SECTIONS 20.02.061, 20.02.062,
0 -1696
AND 20.02.063 OF THE NEWPORT BEACH MUNICIPAL
CODE AS THEY PERTAIN TO HEIGHT LIMITS FOR CHIMNEYS
AND VENTS; ARCHITECTURAL FEATURES; FLAG POLES;
AND PARAPET WALLS, ELEVATOR AND MECHANICAL
PENTHOUSES AND MECHANICAL EQUIPMENT, Planning
Commission Amendment No. 472. (Exhibit) (Report
from the Community Development Department)
2. The following resolutions were adopted:
(a) Resolution No. 8884 recommending that the Orange
Inspira-
County Board of Supervisors amend the approved
tion
revenue sharing allocation of $100,000.00 for
Point
the acquisition of lots at Inspiration Point to
Park
the acquisition of land in West Newport for park
R -8884
purposes. (Report from the Parks, Beaches and
Recreation Director)
(b) Resolution No. 8885 approving an agreement with
UP 1594
the Newport Beach Golf Course and authorizing
R -8885
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the Mayor and City Clerk to execute the agree-
ment on behalf of the City. (Report from the
Public Works Director)
(c) Resolution No. 8886 adopting a Conflict of
Conflict
Interest Code applicable to the members of the
of
City Council pursuant to the Political Reform
Interest
Act of 1974. (Exhibit) (Report from the City
R -8886
Attorney)
(d) Resolution No. 8887 accepting a grant deed from
Ocean
Jean E. Allan and Leona M. Menges in connection
Front
with the ocean -front beach acquisition project.
Property
(Report from Parks, Beaches & Recreation Director)
R -8887
(e) Resolution No. 8888 declaring that weeds and
Weed
other public nuisances exist upon streets,
Abatement
alleys, sidewalks, parkways and private property.
R -8888
within the City, declaring that said weeds and
public nuisances must be abated, setting the
time and place for a public hearing at which the
City Council will consider protests from persons
objecting to the proposed destruction or removal
of such public nuisances by the City, and
directing the Fire Chief to give notice of the
passage of this resolution and of the public
hearing; setting the hearing for September 27,
1976.
(f) Resolution No. 8889 authorizing execution of a
Narcotics
contract between the City of Newport Beach and
R -8889
the City of Santa Ana, agreeing to continue to
participate in the LEAA Federal Grant to the
Orange County Narcotics Task Force. (Report from
the Chief of Police to the City Manager)
(g) Removed from the Consent Calendar.
(h) Resolution No. 8890 requesting the County of
FAU
Orange to include within the Federal Aid Urban
Projects
Program the development of West Coast Highway -
R -8890
Dover Drive - Bay Crossing intersection. (Report
from the Public Works Director)
(i) Resolution No. 8891 accepting a grant deed from
Balboa
Thomas V. Collins and Patrick J. Collins for
Blvd.
203 -35th Street (Lot 23 in Block 135 of the Lake
Widening
Tract). (Report from the Public Works Director)
R -8891
(j) Resolution No. 8892 accepting a grant deed from
Balboa
Donald S. Sanford and Barbara J. Sanford for
Blvd.
3510 -20 West Balboa Boulevard (Lot 2 in Block
Widening
135 of Lake Tract).
R -8892
(k) Resolution No. 8893 accepting a grant deed from
Balboa
Francis Chamberlain for 200 -44th Street (south-
Blvd.
westerly 21.43 feet of Lot 2 and the northeasterly
Widening
3.57 feet of 1 in Block 143 of the Canal
R -8893
_Lot
Section).
Volume 30 - Page 218
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3. The following communications were referred as
•
indicated:
(a) Removed from the Consent Calendar.
(b) To staff for reply, a letter from Henry D. Shaw
Para -
to Mayor Rogers requesting that the Council and
medics
the Fire Department determine the placing of the
new paramedic unit. (Copies mailed to Council)
(c) To staff for reply, a letter from the Harbor
Skatebc
View Hills Homeowners Association requesting
that the ordinance covering regulations for
skateboarding include Sandcastle Drive and
Tiller Way which are in excess of the 6% grade
requirement. (Copies mailed to Council)
(d) To City's representative on the Orange County
League
Division of the League of California Cities,
Califoi
letters from the Orange County Division regard-
Cities,
ing a vacancy on the Orange County Citizens
OrCo D:
Direction Finding Commission and for two addi-
tional members to be appointed to the Orange
County Emergency Medical Care Committee.
(Copies mailed to Council)
(e) To Pending Legislation and Ethics Committee, a
W. OrC
resolution from the City of Garden Grove
Region:
requesting support for a Regional Park in West
Park
Orange County on unused portions of Los Alamitos
Naval Air Station or Seal Beach Naval Weapons
Station. (Copies mailed to Council)
(f) To Pending Legislation and Ethics Committee, a
Gas Ta:
resolution from the City of Yorba Linda declaring
its opposition to Senate Bill No. 100, regarding
an increase in gas tax, and requesting other
Orange County City Councils to go on record
opposing the increase. (Exhibit)
(g) To Pending Legislation and Ethics Committee, a
Crimin
"Summons to Action" for reform of the criminal
Justic
justice system from the City of Commerce.
System
(Copies mailed to Council)
(h) To Pending Legislation and Ethics Committee, a
Olympi
resolution from the City of Buena Park urging
Games
congressional legislation to permit individual
taxpayers to allocate a portion of their federal
income tax to support the United States partici-
pation in the Olympic Games. (Exhibit)
(i) To City's representative on the Orange County
AB 124
Division of the League of California Cities, a
letter to Mayor Rogers from the Mayor of Fountain
Valley enclosing an analysis of major points
contained in AB 1246 concerning the formation of
•
an Orange County Transportation Commission whose
board members would probably be selected at the
October League meeting. (Exhibit)
Volume 30 - Page 219
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(j) To staff for inclusion in on -going study, letters
Skateboa
•
from Charles and Dorothy Hill and from the
Parks
Janusz Zaleski family opposing a skateboard park
at 5th and Marguerite. (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 the Santa Ana River /Santiago Creek
Greenbelt Commission to the Board of Supervisors
thanking them for their support of the Imple-
mentation Plan. (Copies mailed to Council)
(b) A letter from Captain A. D. Christopher express-
ing appreciation for the assistance provided by
the Paramedics unit that answered an emergency
call for an out -of -town visitor. (Copies mailed
to Council)
(c) Notices from the Local Agency Formation Commis-
sion of hearings on September 8, 1976 regarding
proposed annexation to the Costa. Mesa Sanitary
District designated Engineer's No. 165, located
northwesterly of Paularino Avenue and the Newport
Freeway; and proposed annexations to the City of
Costa Mesa and to the Costa Mesa Park and
Recreation District designated Wilson Street No.
1 Annexation, located on the northeasterly
corner of the intersection of Wilson Street and
Canyon Drive. (Exhibits)
(d) A resolution from the City of Orange expressing
support for the Orange County Youth Expo_, to be
co- sponsored by the Fountain Valley and Garden
Grove Youth Commission. (Exhibit)
(e) Resolutions from the Cities of Garden Grove,
Orange and Villa Park urging the California
State Legislature to review the State property
tax structure and to enact such appropriate
legislation as may be deemed necessary to
provide property tax relief to homeowners.
(f) A resolution of the Board of Supervisors of
Orange County setting a hearing for the proposed
formation of an Underground Utility District
along Pacific Coast Highway in the Three Arch Bay
Area.
(g) A notice of review of proposed conflict of
interest codes by the Fair Political Practices
Commission to be held in Sacramento on September
21 and 22, 1976.
(h) A Notice of Application before the Public
Utilities Commission in connection with the
application of the Southern California Gas
Company for the construction of a propane -air-
natural gas mixing facility in Wilmington,
California.
(i) Agenda of the Board of Supervisors meetings of
August 24, 25, 31 and September 1, 7, 8, 1976.
Volume 30 - Page 220
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\�'� September 13, 1976 INDEX
(j) A letter addressed to Mayor Rogers from Ann
Holstein expressing her appreciation of the
Newport Beach Fire Department for their assistance
(Exhibit)
(k) A copy of a letter to Judge Donald Dungan of the
Municipal Court of Orange County from A. N.
Johnson protesting the Judge's verdict in con-
nection with Mrs. Johnson's claim against the
City. (Copies mailed to Council)
(1) A letter from the Department of the Army giving
a "Review Report on Santa Ana River Basin Main
Stem, Including Santiago Creek and Oak Street
Drain, California." (Copies mailed to Council)
(m) A letter to the Director of Parks, Beaches and
Recreation from Gary and Sandra Eckles requesting
prompt action on repairing the sidewalks which
had been cracked by recently pruned tree roots.
(Copies mailed to Council)
(n) A letter from the Department of Transportation
advising that Route 73 from University Drive to
Route 405 - portions State l is eligible for
landscape funding in connection with the 1976
Six -Year Highway Program. (Copies mailed to
Council)
(o) A letter from Silver, Streller & Wells on behalf
of the Newport Beach Police Employees Association
and the Newport Beach Fire Fighters Association
opposing the City's proposed self - insurance
program and asking for an opportunity to discuss
the matter. (Copies mailed to Council)
5. The following claims were denied and the City Clerk's
Claims
referral to the insurance carrier was confirmed:
(a) Claim of John W. Barton for Geoffrey W. Barton
Barton
(a minor) for personal injuries allegedly sus-
tained when he caught his foot in a crack in the
sidewalk on Park Avenue, Balboa Island on July 16,
1976.
(b) Claim of Ralph Bustamunte for "mental anguish
Bustamuntc
and suffering" beginning in May, 1976 to the
present time, which was allegedly caused by the
Newport Beach Police Department "spreading
slanderous statements" regarding claimant's
"possible criminal background."
(c) Claim of James S. Gano for personal injuries
Gano
sustained when he was allegedly struck on the
head and injured by two Newport Beach Police
Officers on May 24, 1976 at the Park Newport
Apartments, Newport Beach.
(d) Claim of William Stanley Makausky for property
Makausky
damage to his car allegedly sustained when it
was struck by a City vehicle on Balboa Boulevard
on August 9, 1976.
Volume 30 - Page 221
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(e) Claim of Betty E. McConkey for personal injuries
McConk
and property damage allegedly incurred when she
•
tripped and fell on an uneven part of the side-
walk at Pacific Coast Highway and Dover Drive on
August 16, 1976.
(f) Claim of Victor J. Mouleart for property damage
Moulea
allegedly incurred when his windshield was
cracked by a rock which had been hit by a City
vehicle working in the center divider at Jamboree
Road and Eastbluff Drive, Newport Beach on
August 26, 1976.
(g) Claim of Virginia Saenz for personal injuries
Saenz
sustained when she fell while walking on the
sidewalk along Edgewater in Newport Beach on
July 21, 1976 allegedly caused by a slippery
condition due to two pipes leaking on the side-
walk.
(h) Claim of Arthur M. Takemoto for property damage
Takemc
to his home at 1565 Miramar Drive, Balboa on
June 27 and July 20, 1976, resulting from sewer
backup into the shower and sink allegedly due to
the City's improper maintenance of the sewer
line.
(i) Claim of Thomas S. Uyeda for damage to his car,
Uyeda
allegedly caused when a City vehicle struck it
from behind at Marine and Balboa, Balboa Island
on August 16, 1976.
(j) Claim of Edward C. Jarvis for towing costs
Jarvi;
incurred when a Police Officer had his car towed
away from 4203 Seashore Drive, allegedly in
error.
6. The City Clerk's referral of the following Summons
and Complaint to the insurance carrier was confirmed:
(a) Summons and Complaint of Michael Dale Williams
Willie
for damages,Case No. 251522, Orange County
Superior Court. The original Application was
for Permission to File Late Claim and proposed
claim for false arrest and imprisonment, personal
injuries and for damages sustained in connection
with his arrest of August 13, 1975.
7. The following request to fill personnel vacancies was
approved: (Report from the City Manager)
(a) One Marine Safety Officer in the Marine Depart-
ment to fill a position now vacant.
(b) One Library Clerk I in the Library Department to
fill a position now vacant.
•
(c) One Building Maintenance Man I in the General
Services Department to fill a position now
vacant.
Volume 30 - Page 222
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COUNCILMEN
iip\ \ \cs \It\
MINUTES
ROLL CALL
�'a a 9t pa
SZ
September 13, 1976 IN
8. STAFF AND COMMISSION REPORTS:
•
(a) Removed from Consent Calendar.
9. The following matters were set for public hearing:
On September 27, 1976:
(a) A letter from the Yellow Cab Company of Newport
Taxica
& Costa Mesa, Inc. requesting an increase in
taxicab rates in the City of Newport Beach.
(Exhibit)
On October 12, 1976:
(b) ALLEY IMPROVEMENT IN BLOCK 5, EAST NEWPORT -
Alley
(portions of alley in block bounded by Balboa
Blk 5
Boulevard, 8th Street, Bay Avenue, and 7th
E Npt
Street) to hear protests from anyone who does
not desire to have the unimproved portion of
said alley paved under the procedures of Chapter
27 of the Improvement Act of 1911. (Report from
the Public Works Director)
(c) ALLEY IMPROVEMENT IN BLOCK A, EAST NEWPORT -
Alley
(alley in two City blocks bounded by Lindo
Blk A
Avenue, Edgewater Avenue, Anade Avenue and Bay
E Npt
Avenue) to hear protests from anyone who does
not desire to have the alley paved under the
procedures of Chapter 27 of the Improvement Act
of 1911.
10. The work on the traffic signal at Bristol Street and
Traffi
Birch Street, and modification of the traffic signal
Signal
at Bristol Street and Irvine Avenue - Campus Drive,
Contract 1702,was accepted; liquidated damages in the
amount of $2,500 were assessed; and the City Clerk
was authorized to file a Notice of Completion and to
release the bonds 35 days after the Notice of Comple-
tion has been filed. (Report from the Public Works
Director)
11. The following harbor permit applications were ap-
Harbor
proved, subject to the conditions recommended by the
Permit
U. S. Corps of Engineers;
(a) Removed from the Consent Calendar.
(b) Applications #016 -101 and 129 -1221 of Marina
Dunes Inc. and the Balboa Bay Club for mainten-
ance dredging and hauling to sea 445 cubic yards
and 780 cubic yards of material respectively
from beneath slips within their marinas. (Report
from the Marine Department)
12. The following maintenance dredging harbor permit
Harbor
applications were approved subject to.the conditions
Permit
•
of approval under the blanket maintenance permit
issued by the Corps of Engineers: 11110 -1314, Louis
Bohn, 1304 E. Balboa Boulevard; 11135 -121, William
Badly, 121 Harbor Island Road; #144 -23, Richard
Nabers, 1123 Harbor Island. #258 -305, Peter Vail, 305
South Bay Front. (Report from the Marine Department)
Volume 30 - Page 223
DEX
bs
Impr/
Impr/
ROLL
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tion
es
Absent
Motion
Ayes
Absent
l J
x
13
13. The following budget amendments were approved:
MINUTES
BA -15, $170,000 increase in Budget Appropriations and
increase in Revenue Estimates, contribution of County
Revenue Sharing Funds for purchase of parcel from
CALTRANS formerly designated as part of the P. E.
Right -of -Way, from Unappropriated Surplus and Dona-
tions and Contributions, General Fund and Park and
Recreation Fund.
BA -16, $369,950 decrease in Budget Appropriations and
increase in Unappropriated Balance for return to
surplus of project funds, from Capital Improvement
Fund to Building Excise Tax Fund.
BA- 17,$1,610 transfer of Budget Appropriations for
purchase of office furniture to complete remodeling
of Lido Fire Station #2, from Building Excise Tax,
Fire - Administration, Office Furniture, General Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Parks, Beaches and
Recreation Commission recommending amendments to
regulations controlling the installation and main-
tenance of volleyball playing areas on public ocean
front beaches in the City contained in Resolution
No. 7282.
The report was referred back to the Parks, Beaches and
Recreation Commission for further review prior to
being referred to the Tidelands Affairs Committee for
review and report back.
2. The Council discussed the establishment of a Committee
to meet and negotiate with representatives of The
Irvine Company regarding acquisition of the remnant
parcel in the Eastbluff area and to report back to
Council with recommendations.
Mayor Pro Tem Dostal appointed Councilmen McInnis
and Williams as members of the proposed committee.
Resolution No. 8894, reaffirming various standing and
ad hoc City Council Committees; establishing the Big
Canyon, Bluffs and Land Trade Remnant Proper Com-
mittee with a termination date of January, 1977, and
rescinding Resolution No. 8879, was adopted. Mayor
Pro Tem Dostal's appointment of Councilmen McInnis and
Williams as members of the Committee was confirmed.
3. A report was presented from the Marine Department
regarding Harbor Permit Application No. 109 -1905 of
Robert Sumpf to construct a wooden retaining wall
and to add a 4' x 40' finger to an existing float at
1905 E. Bay Avenue.
Councilman Barrett stepped down from the Council table
due to a possible conflict of interest.
Marine Director David Harshbarger gave a brief staff
report.
Volume 30 - Page 224
INDEX
Volleyball
Regs
Land
Trade
Remnant
Big Canyon
Bluffs &
Land Trade
Property
Cmte
R -8894
Harbor
Permits
COUNCILMEN
MINUTES
ROLL CALL ;aV,9r�?P���sa
in\
September 13, 1976 _
The portion of the application pertaining to the bulk-
INDE
Motion
x
4 es
x
x
x
heading was denied without prejudice.
sent.
x
x
Councilman Barrett returned to the Council table.
4. A report was presented from the Parks, Beaches and
Skatebc
Recreation Commission with its recommendation for a
Park
developer for a skateboard park in the City should an
appropriate site be selected.
Frank Copper addressed the Council and asked that
the area at 5th and Marguerite be removed from
Council consideration in connection with a skateboard
park.
Parks, Beaches and Recreation Director Cal Stewart
briefly addressed the Council.
Motion
x
The report from the Parks, Beaches and Recreation
Ayes
x
x
x
x
x
Commission was received and ordered filed, and it
Absent
x
was directed that the area at 5th and Marguerite be
completely removed from consideration of a skateboard
park.
ADDITIONAL BUSINESS:
Motion
x
1. Councilman Kuehn made a motion to declare the First
Counci:
District seat vacant as follows: "Due to the sad and
Vacancy
untimely death of Mayor Howard Rogers, I regretfully
move that the First District Councilmanic seat be
declared vacant as is required by Section 403 of the
Newport Beach City Charter.
"In the event the City Council shall fail to fill the
vacancy by appointment within thirty days, the
Council shall cause a special election to be held to
elect a Councilman from the First District."
Ayes
K
x
x
A vote was taken on Councilman Kuehn's motion, which
K
x
x
motion carried.
Motion
x
2. The request of St. Andrew's Presbyterian Church to
Sound
Ayes
K
K
x
x
x
x
use sound amplifying equipment from 9:00 to 12:00 P.M.
Amplif
on September 17, 1976 was approved.
Equipm
Motion
x
3. Frank Ivens was appointed as the Acting City Manager
Acting
Ayes
x
x
x
to carry out the powers and duties of the City Manager
City
pursuant to Section 504 of the City Charter until
Manage
such time as the City Manager is able to return to work
full time and resume his duties as head of the
administrative branch of the City government; the
appointment to be effective as of September 8, 1976;
and the Acting City Manager to receive a salary of
$2,875 per month, payable as is most convenient in the
ordinary course of the preparation of the payroll.
Con
4. believed
x
Councilman Kuehn stated that she that the
Minute
Ayes
C
K
x
x
x
x
Minutes of the August 23 Council meeting showed her
arriving at the meeting twice. She made a motion
that the Minutes were to be amended if they were in
error, which motion carried.
Volume 30 - Page 225
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and
ying
ent
COUNCILMEN
F`'
v; AA
ROLL CALL is a f a 2
MINUTES
INDEX
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Motion.
5. The date established for the Open Space Bond Election
Open
0 es
K
x
x
x
x
x
was reconsidered.
Bond
Elect
Motion
x
Councilman Williams made a motion to change the date
so the Open Space Bond Election would occur one week
later than originally set, or on June 7, 1977.
The City Clerk informed the Council that the election
dates are established by the Elections Code, and that
the only dates in 1977 of which the Council could
take advantage were March 8, May 31 and November 8.
Councilman Williams amended his motion to hold the
Ayes
K
x
x
x
Open Space Bond Election on May 31, 1977 as
Noes
x
x
originally set by Council, which motion carried.
Motion
x
6. The staff was directed to send the proposed Council
Counc:
Ayes
K
K
x
x
x
x
Policy change in connection with bulkheading to the
Policy
Environmental Quality Control Citizens Advisory
Committee for recommendations before referring it to
the Tidelands Affairs Committee.
The meeting was adjourned at 12:35 A.M., September 14 in
memory of Mayor Howard Rogers with Councilman McInnis'
tribute to the Mayor as follows:
"We will close tonight's Council meeting in memory of
Mayor Howard Rogers.
"Howard served his City well as Councilman, Vice Mayor and
Mayor over a span of more than ten years. He loved
Newport Beach having spent a great deal of his lifetime in
this community. He committed his time and efforts as a
public servant to do all he could in the service of
his City. He was a tenacious vocal fighter for what he
believed to be the best point of view, while at the same
time was a kind, considerate, and helpful representative of
those he served. His goal at all times was the goad of his
community. We shall all miss him.
"Now, may I ask you to bow your heads for a few moments of
silent prayer.
"And now as we close we ask this, 0 Lord - Receive thy
servant, Howard Rogers. Bless him and keep him, make
your face to shine upon him, be gracious unto him, and
give him peace. Amen."
Mayor Pro Tem
•
ATTEST:
City Clerk
Volume 30 - Page 226
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