HomeMy WebLinkAbout08/08/1977 - Regular MeetingCOUNCILMEN
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Regular Council Meeting
Place: Council Chambers
Time: 7:30 P.M.
Date: August 8, 1977
MINUTES
Present
x
x
x
x
x
x
x
Roll Call.
x
The reading of the Minutes of the Regular Meeting of
Yon
X
x
x
x
x
x
July 25, 1977 was waived, and said Minutes were
Abstain
x
approved as written and ordered filed.
Motion
x
The reading in full of all ordinances and resolutions
Ayes
x
x
x
x
x
x
x
under consideration was waived, and the City Clerk was
directed to read by titles only.
HEARINGS:
1. Mayor Dostal opened the continued public hearing
A
regarding the appeal by Dr. Carl Ackerman from the
A
decision of the Planning Commission on May 5, 1977
which denied Dr. Ackerman's appeal and sustained
the action of the Modifications Committee regarding
a request for alterations to an existing dwelling
in a Commercial District permitted by a previous
variance (Modification No. 2058); property located
at 106 - 22nd Street, on the easterly side of 22nd
Street, northerly of the West Ocean Front in
McFadden Square;
AND
the continued public hearing regarding the appeal
by Dr. Carl Ackerman from the decision of the
Planning Commission on May 5, 1977 which denied
Site Plan Review No. 4, a request to permit
construction of a 1,000 square foot commercial
building in an area designated for a Specific Area
•
Plan; property located at 108 - 22nd Street, on
the West Ocean Front in McFadden Square; zoned C -1.
Reports were presented from the Community Develop -
went Department.
A report was presented from the City Manager
concerning the status of establishing the parking
district.
Motion
x
Councilman Ryckoff made a motion to continue the
hearing to October 11, 1977.
Dr. Ackerman addressed the Council concurring with
the date of the continuation.
Ayes
x
x
x
x
x
x
x
A vote was taken on Councilman Ryckoff's motion,
which motion carried.
2. Mayor Dostal opened the public hearing regarding
G
proposed General Plan Amendment No. 77 -2 to the
P
Newport Beach General Plan, consisting of the
following parts, and acceptance of a Negative
Declaration:
77 -2 -A: A proposed amendment to the Land Use and
Residential Growth Elements to:
a) change the definition of "buildable
acreage," b) create a new density
Volume 31 - Page 199
_hDEX_,
ckerman
ppeal
2703)
eneral
lan
673)
CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL \ \ August 8, 1977
MINUTES
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category of "High- Density Residential- -
Greater Than 10 Dwelling Units per
Acre," and c) change the wording of the
texts as appropriate.
77 -2 -B: A proposed amendment to the Land Use and
Residential Growth Elements resulting
from the study of constraints on growth
in terms of capacity of support systems
directed by the City Council on March 14,
1977.
77 -2 -D: A proposed amendment to the Land Use
Element, Residential Growth Element and
Recreation and Open Space Element to
change the designation of the MWD
Reservoir site and adjacent property in
the Spyglass Hill area deleting the
"Governmental, Educational and Institu-
tional Facilities" designation, and
rearranging the "Recreational and
Environmental Open Space" and "Residen-
tial" designations.
77 -2 -E: A proposed amendment to the Recreation
and Open Space Element to: a) reflect
the increase in park dedication require-
ments from two to five acres per
thousand population (resulting from the
City Council's adoption of the "Atherton
Initiative Ordinance" on April 25,
1977), b) update the number and acreages
of existing public parks, and c) delete
reference to excise tax dollar amounts.
Staff reports were submitted on July 25 and an
additional report was presented from the Community
Development Department.
Councilman Barrett stepped down from the Council
table due to a possible conflict of interest.
The following people addressed the Council re-
questing a continuance of the hearing until
September 12, 1977: Peter Kremer, President of
The Irvine Company read a prepared'statement into
the record; Robert Alleborn, President of Emkay
Development Company; Tim Strader, Senior Vice
President of the Koll Company; Robert Murray,
representing Aeronutronic Ford Corporation;
Stephen Gavin, representing the Pacific Mutual
Life Insurance Company; William D. Lusk; Bill
Banning, President of Beeco, Ltd; Dennis Harwood
and Dick Spooner of the Newport Harbor Chamber of
Commerce.
Robert Stoessell addressed the Council requesting
clarification of the matter before the Council.
Shirley Knutsen addressed the Council asking for
immediate action.
i
Volume 31 - Page 200
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August 8, 1977 ROLL C
MINUTES
III Iq*7
Motion
x
Councilman Ryckoff made a motion to continue the
hearing to September 12, 1977.
•
Councilman Kuehn asked that a suggested amendment
to the motion be considered regarding the establish-
ment of a close - working group which would attempt
to approach a solution to the problem, and would
be made up of the people who spoke at this meeting,
the staff and any other interested parties, which
suggested amendment was not accepted by the
maker of the motion.
It was the consensus of the Council that the
Chamber of Commerce would be in the position of
intermediary, and that the committee would be an
informal citizens' committee and not officially
appointed or sanctioned by Council.
Ayes
x
x
x
x
x
x
A vote was taken on Councilman Ryckoff's motion,
Absent
x
which motion carried.
Councilman Barrett resumed his seat at the Council
table.
3. Mayor Dostal opened the public hearing regarding
Com Dev
Ordinance No. 1745, being,
Procedu
0 -1745
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(1376)
ADDING SECTION 20.83.045 TO THE NEWPORT BEACH
MUNICIPAL CODE TO PROVIDE THAT IF A NON-
CONFORMING USE IS MADE MORE CONFORMING OR
CONFORMING TO THE CODE IT MAY NOT BE CHANGED
TO A LESS CONFORMING USE THEREAFTER,
Planning Commission Amendment No. 496, initiated
by the City of Newport Beach.
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. 1745 was adopted as recommended by
Ayes
x
x
x
x
x
x
x
the Planning Commission.
ORDINANCES FOR SECOND READING AND ADOPTION:
1. Ordinance No. 1746, being,
Speed L
0 -1746
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(163F)
AMENDING SECTION 12.24.040 OF THE NEWPORT
BEACH MUNICIPAL CODE ESTABLISHING A 35 MPH
SPEED LIMIT ON DOVE AND QUAIL STREETS,
was presented for second reading.
Motion
x
Ordinance No. 1746 was adopted.
x
x
x
x
x
x
x
Volume 31 - Page 201
res
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CITY OF NEWPORT BEACH
COUNCILMEN
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ROLL CALL August 8, 1977
MINUTES
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CONTINUED BUSINESS:
ion
x
1. The Corona del Mar Traffic Survey was accepted as
CdM
s
x
x
x
x
x
x
x
a planning resource document; the staff was
Traffic
directed to contact CALTRANS to determine feasi-
Survey
bility and schedules to implement improvements of
(960)
Pacific Coast Highway in Corona del Mar; and the
report was referred to the Traffic Affairs Committe
for review, development of priorities and to
report back to Council.
2. A report via presented from the City Manager
Animal
regarding the transference of the City pound
Control
operation from Dr. Albert E. Stockton to Dr. Wayne
(862)
Davis.
Motion
x
Resolution No. 9157, authorizing the Mayor and
R -9157
Ayes
x
x
x
x
x
x
x
City Clerk to execute an Animal Impoundment
Agreement between the City of Newport Beach and
Wayne L. Davis, D.V.M., was adopted.
3. Election for a Building Moratorium:
Moratoria
(673)
Letters from James M. Parker and William P. Picker
were presented opposing a building moratorium.
A letter from Jean Watt was presented in favor of
a short term moratorium.
Councilman Barrett stepped down from the Council
•
table due to a possible conflict of interest.
Motion
x
The topic was postponed to September 12.
Ayes
x
x
x
x
x
x
Absent
x
Councilman Barrett resumed his seat at the Council
table.
4. A report was presented from the Public Works
Sundance
Director regarding the reconsideration of Sundance
Drive
Drive as a public street.
(2380)
Dr. Starnes, President of Welton & Company,
addressed the Council and stated they had reached
an impasse with the Board of the Newport Terrace
Association.
Motion
x
A public hearing was set for August 22, 1977 to
Ayes
x
x
x
x
x
x
x
reconsider the acceptance of Sundance Drive for
public street purposes.
CURRENT BUSINESS:
1. A report to the City Manager from the Fire Chief
Mariners
was presented regarding the Mariners Fire Station
Fire Sta
Expansion.
Expansior
(2726)
Stan Cole addressed the Council and asked for
consideration of the Parks, Beaches and
Recreation Commission's recommendation that the
fire station expansion leave an adequate amount
of green space.
Volume 31 - Page 202
Z
CITY OF NEWPORT BEACH
COUNCILMEN
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RALI_ CGI I \
MINUTES
Motion
x
The expansion of the Mariners Fire Station as
Ayes
x
x
x
x
x
x
x
proposed by the Fire Chief was approved, and the
staff was directed to draw up the plans.
•
2. A report was presented from the City Manager
C
regarding the proposed amendment to Council Policy
P
Statement K -3 to provide for expanded Council
review of ministerial projects.
Council Policy K -3, "Implementation of the Califor-
Motion
x
nia Environmental Quality Act," was amended to
Ayes
x
x
x
x
x
x
delete the final paragraph of Section IV (B -3) as
Noes
x
follows: "The City Council may, in its discretion
and after proper review, require an EIR if it is
determined that any such actions do, in fact, have
a potentially significant impact upon the environ-
ment."
3. Consideration of directing the Planning Commission
G
to review the General Plan density designations
Motion
x
and the supporting systems including the circula-
Ayes
x
x
x
x
x
x
x
tion capacities was postponed to September 12,
1977.
4. A report was presented from the Community Develop-
0
ment Department regarding the opportunity of the
H
City of Newport Beach to appoint a representative
A
(and alternate) to serve on the Orange County
C
Housing Authority Advisory Committee.
A letter from Joan Petty was presented asking to
be considered for the appointment.
Motion
x
Joan Petty was appointed as the City's representa-
Ayes
x
x
x
x
x
x
x
tive to the Orange County Housing Authority
Advisory Committee, and Willard Wade was appointed
as the alternate.
5. A letter was presented addressed to Councilman
C
Ryckoff from Brett M. Klyver resigning from the
Environmental Quality Control Citizens Advisory
Committee.
Motion
x
Brett Klyver's resignation was accepted with
Ayes
x
x
x
x
x
x
x
regret; the City Clerk was directed to prepare a
Certificate of Appreciation; and Miles Stover was
appointed as a member of the Environmental Quality
Control Citizens Advisory Committee to fill the
unexpired term of Brett Klyver ending December 31,
1977.
6. A letter was presented from the Newport Beach
B
Police Employee's Association asking the Council
to reconsider the position taken at the July 25
Council meeting.
A letter from the Balboa Improvement Association
was presented in favor of the retirement package
requested by the Police Employee's Association.
i
Volume 31 - Page 203
-INDEX_,
ouncil
olicy
430F)
eneral P1 --
673)
rCo
ousing
uth Adv
mte
1272)
EQCAC
1058)
udget
764)
CITY OF NEWPORT BEACH
COUNCILMEN
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MINUTES
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Sgt. Jim Gardner of the Newport Beach Police
Employee's Association addressed the Council and
asked for continued negotiations.
Goldie Joseph addressed the Council in favor of
the salary and retirement plan requested by the
Police Employee's Association.
Motion
x
The staff was directed to meet with the repre-
Ayes
x
x
x
x
x
x
x
sentative of the Police Employee's Association and
investigate the "new information" referred to in
their letter, and to report back to Council
regarding any possibility of a mutually acceptable
agreement.
7. A letter from Charles W. Mautz requesting to
Fire
appear before the Council in regard to a fire
Hazards
hazard existing on Court Street was presented.
(2727)
Charles Kautz addressed the Council regarding an
alleged fire hazard created when his neighbor uses
the five -foot wide area between their homes for
barbecueing with the attendant flames and hot
coals.
Jim Reed, Executive Officer of the Newport Beach
Fire Department, gave a brief staff report and
stated that there was no direct violation of the
Fire Code.
on
x
The issue was referred to staff to investigate and
a
x
x
x
x
x
x
x
report back on August 22.
CONSENT CALENDAR:
Notion
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
passed to second reading on August 23, 1977:
(a) Proposed Ordinance No. 1747, being, AN
PERS
ORDINANCE OF THE CITY OF NEWPORT BEACH
0 -1747
AUTHORIZING AN AMENDMENT TO THE CONTRACT
(617)
BETWEEN THE CITY COUNCIL AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT.SYSTEM. (Attached with
a report dated July 11 from the City Manager)
(b) Proposed Ordinance No. 1748, being, AN
Street
ORDINANCE OF THE CITY OF NEWPORT BEACH
Closures/
AMENDING CHAPTER 12.62 OF THE NEWPORT BEACH
(300)
MUNICIPAL CODE BY AMENDING SECTION 12.62.010
Parking
AND ADDING SECTION 12.62.050 DEALING WITH
Prohibiti
TEMPORARY STREET CLOSURE AND AMENDING SECTION
(440F)
12.40.120 OF THE NEWPORT BEACH MUNICIPAL CODE
0 -1748
REGARDING OBSTRUCTING PARKING SPACES.
(Attached with a report from the Traffic
Affairs Committee)
Volume 31 - Page 204
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COUNCILMEN
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2. The following resolutions were adopted:
(a) Resolution No. 9158 authorizing the Mayor and
Police
•
City Clerk to execute a Janitorial Mainten-
Facility
ance Agreement between the City of Newport
R -9158
Beach and the Universal Building Maintenance
(1474)
Company, Inc, for the Newport Beach Police
Facility at 870 Santa Barbara Drive. (A
report from the City Manager attached)
(b) Resolution No. 9159 donating the dais and
Donations
seats from the former City Council Chambers
R -9159
to the City of Bishop. (A report from the
(2592)
City Manager attached)
(c) Resolution No. 9160 authorizing the execution
Police
of an Agreement between the City of Newport
Tow Truck
Beach and the new owner of the Harbor Towing
Services
Company in connection with official tow truck
R -9160
services. (A report from the City Attorney
(1663)
attached)
(d) Resolution No. 9161 establishing daily
Parking
operation of parking meters in Zones 3, 5 and
Meters
10,, and rescinding Resolution No. 9141. (A
R -9161
report from the Public Works Department
(214F)
attached)
(e) Resolution No. 9162 authorizing the Mayor and
Balboa Is
City Clerk to execute Professional Engineering
Bridge
Services Agreements with Boyle Engineering
R -9162
Corporation, Converse Davis Dixon Associates
(725)
and H. V. Lawmaster Testing Engineers in
connection with the Report on Structural
Condition of Balboa Island Bridge. (A
report from the Public Works Department
attached)
(f) Resolution No. 9163 authorizing the Mayor and
Fed Aid
City Clerk to execute a Local Agency -State
Funding
Master Agreement for Federal Aid Transporta-
Trans Prj
tion Projects. (A report from the Public
R -9163
Works Department attached)
(2743)
(g) Resolution No. 9164 designating an inter-
Traffic
section at which vehicles are required to
Regs
yield and directing the Traffic Engineer to
R -9164
erect necessary signs (Windover Drive at
(132F)
Goldenrod Avenue). (A report from the Public
Works Department attached)
(h) Resolution No. 9165 authorizing the Mayor and
Library
City Clerk to execute an amendment to the
R -9165
Santiago Library System Joint Powers Agreement
(474F)
(A report from the City Librarian attached)
(i) Resolution No. 9166 accepting the offer of
Mariners
the State Department of Transportation to
sell certain State -owned property to the City
Parking
Lot
of Newport Beach and authorizing the Mayor
R -9166
and City Clerk to accept the Director's Deed
(1995)
for said property (Parcel No. 057768- 01 -02).
(A report from the City Manager attached)
Volume 31 - Page 205
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ROLL CALL \ \ August 8. 1977
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3. The following communications were referred as
indicated:
•
(a) To staff for reply, a letter from Cassi
Capital
Griffin proposing that the City Council
Punishmer
suggest action on capital punishment.
(20)
(Copies mailed to Council)
(b) To staff for reply, a letter from Craig J.
La Jolla
Weber regarding the improvement of La Jolla
(2741)
Drive and requesting the City share the cost
of the improvements. (Copies mailed to
Council)
(c) To staff for reply, a letter from David
Upper
Ehrlich suggesting the Back Bay be cleaned
Npt Bay
out and used as a bay or a bird sanctuary.
(355)
(Copies mailed to Coucil)
(d) To staff for reply, a letter from Lisa Watson
Coast
regarding the traffic congestion around the
Hwy
bay bridge on the Coast Highway. (Copies
Bridge
mailed to Council)
(469)
(e) To the City's representative to the Orange
OrCo Div
County Division of the League of California
League
Cities, a letter from the City of La Habra
Calif
urging support of their Mayor Pro Tem Roget
Cities
as a candidate for the office of Second Vice
(2529)
President of the Orange County Division of
•
the League. (Copies mailed to Council)
(f) To Pending Legislation and Ethics Committee,
SB 792/
a resolution from the City of Huntington
Librariei
Beach supporting Senate Bill No. 792 providing
(1429)
for a new program of grants and reimbursements
to public libraries. (Copies mailed to
Council)
(g) To staff for reply, a letter from the Orange
Sidewalk
County Chapter of the American Civil Liberties
Prohihit-
Union of Southern California regarding
(826)
Newport Beach's Ordinance No. 1684, pertaining
to the regulation of newspaper racks and
stands. (Copies mailed to Council)
(h) Removed from the Consent Calendar.
(i) To Pending Legislation and Ethics Committee,
Penal Coi
a resolution from the City of Stanton urging
(2240)
the State Legislature to amend Penal Code No.
311 relating to the definition of obscene
material. (Attached)
4. The following communications were referred to the
City Clerk for filing and inclusion in the records:
(a) A letter from Mr. and Mrs. Basil de Lisle
thanking the members of the Council for the
Certificate of Appreciation and flowers in
memory of Charles Hart, former Mayor of
Newport Beach. (Copies mailed to Council)
(20)
Volume 31 - Page 206
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COUNCILMEN
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(b) A telegram from Harvey Davis regarding police
wages. (Copies mailed to Council)
(764)
(c) A letter to William Ficker, Chairman of the
Bridge Action Team, from the Newport Center
Association regarding their work in having
the new bridge approved by the Coastal
Commission. (Copies mailed to Council)
(469)
(d) A letter to Supervisor Thomas Riley from the
City of Tustin regarding the overflights at
Orange County Airport because the VOR
navigational system is not in operation.
(Copies mailed to Council)
(195)
(e) A letter to Mayor Dostal from the Orange
County Housing Authority enclosing their 1976
Annual Report. (Attached) (The Annual Report
is on file in the Clerk's office)
(1272)
(f) A letter from the California Office of
Business Development regarding Japanese
.
automobile plant sites in California. (Copies
mailed to Council)
(20)
(g) A copy of the City of Costa Mesa's Annual
Report for 1976, (Copy on file in the Clerk's
(20)
office)
(h) A resolution of the City of Fountain Valley
urging enactment of legislation that would
require proof of financial responsibility
prior to the issuance of a driver's license.
(2561)
(i) A copy of the National Women's Political
Caucus, Orange County Newsletter. (Copies
mailed to Council)
(20)
(j) A letter from the Newport Crest Homeowner's.
Association thanking Council for the use of
the Council Chambers for a special meeting.
(Copies mailed to Council)
(20)
(k) A letter from United Building Care regarding
the cost of business licenses. (Copies
mailed to Council)
(891)
(1) A copy of a letter to the Santa Ana River
Flood Protection Agency from the City of
Irvine submitting a notice of withdrawal from
the Commission and other parties of the joint
powers agreement. (Copies mailed to Council)
(2058)
(m) A letter from the State Department of Trans-
portation advising that work would begin in
October on Pacific Coast Highway from the
southern city limits to Beach Boulevard in
Huntington Beach. (Cople s mailed to Council)
(1680)
(n) A Notice of Filing Application for Increases
in Utilities Commission by the Pacific
Telephone and Telegraph Company.
(2o)
i
Volume 31 - Page 207
COUNCILMEN
\ALL plp ROLL C qs August 8, 1977
MINUTES
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34 &
33)
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37)
(o) A Notice of Hearing before the Public Utili-
ties Commission in the matter of application
•
of Southern California Edison Company for
authority to modify its energy cost adjustment
billing factor.
(20)
(p) Agenda for Board of Supervisors meetings held
July 26, 27 and August 2 and 3, 1977.
(20)
5. The following claims were denied and the City
Clai
Clerk's referral to the insurance carrier was
confirmed:
(a) Claim of Sylvia Bishop for damage to her
Bish
automobile tire when a traffic counter hose
(273
placed on Riverside Drive wrapped around the
wheel and the counter nail punctured the tire
allegedly due to negligence on the part of
the City.
(b) Claim of Edward M. Borrows, Jr, for personal
Bor:
injuries and loss of earnings, etc. when a
(272
car was driven over the curb and through a
retaining wall by a person trying to park in
an area adjacent to the beach in a public
parking lot at Ocean Front and 22nd Street
hitting his wife and two children on April 16,
1977. He is alleging negligence on the part
of the City for failing to maintain an
adequate retaining wall or adequate warning
•
signs for those who use the beach and the
parking lot.
(c) Claims of Cecelia S. Borrowe, Vanessa M.
Bori
Borrowe (a minor) and Edward M. Borrowe, III
(27:
(a minor) for personal injuries occurring on
27:
April 16, 1977, when a car was driven over
27:
the curb and through a retaining wall by a
person trying to park in an area adjacent to
the beach in a public parking lot at Ocean
Front and 22nd Street and struck each of
them. They are alleging negligence on the
part of the City for failing to maintain an
adequate retaining wall or adequate warning
signs for those who use the beach and the
parking lot.
(d) Claim of Louise Smith Hopkins for damages and
Hop
personal injuries as a result of a fall on
(27
May 12, 1977 when she stepped into a hole
surrounding a water meter at 502 "I" Street.
(e) Claim of Ann Obegi on behalf of Douglas Obegi
Obe
(a minor) for damage to his clothing when wet
(27
paint from a newly painted parking meter was
smeared all over his clothing on July 27,
1977; and is alleging City negligence for not
•
having "wet paint" signs posted.
(f) Claim of Robert Louis Ornellas, Jr. for
Orn
personal injuries sustained when he injured
(27
his ankle on a broken sign post protruding
Volume 31 - Page 208
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COUNCILMEN
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9 F
ROLL CALL
August 8, 1977
MINUTES
INDEX_
:hulein
?738)
with
2739)
o Calif
as Co
2740)
gate 108
2728)
Arnold
.2729)
1203F)
ound
mplifica-
tion
1564F)
.arbor
ermits
304F
from the sidewalk between 41st and 42nd
Streets amd Seashore Drive on July 4, 1977.
•
(g) Claim of Jeff Schulein, on behalf of himself
S
and his son, Mark Schulein, (a minor) for
personal injuries sustained on or about
April 20, 1977 by Mark as a result of a fall
from a bridge located between the Haywood
Apartments and the Harbor View homes as he
rode his bicycle on the bridge and fell off
the bridge breaking his jaw because of an
alleged inadequate railing.
(h) Claim of Ellen B. Smith for damages and
S
personal injuries sustained on or about June 4
1977 when she stepped off the curb at the
corner of 26th Street and Balboa Boulevard
and twisted and fractured her foot because of
a defective area in the asphalt and is
alleging negligence on the part of the City
in connection with street maintenance.
(i) Claim of Southern California Gas Company for
damages and costs allegedly incurred when
C
City work forces damaged their main at 1122
Baruna Court on or about June 20, 1977.
(j) Claim of Nancy Kilpatrick and Kay Cooper, dba
E
as "Agate 108" for loss of revenue from their
parking lot, which was allegedly caused by
•
Fleming Engineering and Construction Company
while doing work for the City by parking
their heavy construction equipment in the
private lot, damaging same as well as a gas
pipe.
(k) Claim of J. W. Arnold for damage to his door,
allegedly caused by a Newport Beach police
officer who pursued Mr. Arnold's son into
their home at 365 Ramona Way, Costa Mesa on
May 6, 1977.
6. The following request to fill personnel vacancies
was approved: (A report from the City Manager)
(a) One Equipment Mechanic III in the General
Services Department to fill a position now
vacant.
(b) Two Laborers in the General Services Depart-
ment to fill positions now vacant.
7. The sound amplification permit of the Villa Nova
f
Restaurant, 3131 West Coast Highway for the use of
E
a public address system to be used between the
hours of 4 P.M. and 11 P.M. on August 14, 1977 was
I
approved. (Attached with a report from the Police
Department)
8. The following maintenance dredging harbor permits
i
were approved subject to the conditions of approval
I
i
Volume 31 - Page 209
INDEX_
:hulein
?738)
with
2739)
o Calif
as Co
2740)
gate 108
2728)
Arnold
.2729)
1203F)
ound
mplifica-
tion
1564F)
.arbor
ermits
304F
511: 11
COUNCILMEN MINUTES
pp q 0'P
.tFGS`,
c� %PA Fg Syy
ROLL CALL �\ \ August 8, 1977 INDFW
mpl
under the general permit issued by the U. S. Army
Corps of Engineers: #135 -107 by Dorothy Devine,
107 Harbor Island Drive and 11135 -082 by Beacon Bay
•
Community Association, 1110 Beacon Bay Drive. (A
report from the Marine Department attached)
9. The following budget amendments were approved:
BA -4, $87,500 transfer of Budget Appropriations,
transfer of Gas Tax Funds for expenditures of
maintenance ($80,000) under Section 2107 S & H
Code and for engineering services ($7,500) under
Section 2107.5 S & H Code, from Unappropriated
Surplus, State Gas Tax Fund to General Fund.
BA -5, $300,000 transfer and a decrease in Un-
appropriated Surplus to provide for reserve funds
for Corporation Yard, General Fund.
BA -6, $419,365 increase in Budget Appropriations
and decrease in Unappropriated Surplus for salary
adjustments, General Fund.
BA -7, $31,420 increase in Budget Appropriations
and decrease in Unappropriated Surplus for 1977 -78
Salary Adjustments, Park and Recreation Fund.
BA -8, $24,690 increase in Budget Appropriations
and decrease in Unappropriated Surplus for 1977 -78
Salary Adjustments, Library Fund.
•
BA -9, $50,955 increase in Budget Appropriations
and decrease in Unappropriated Surplus for retire -
went contributions to cover salary adjustments,
Retirement Fund.
BA -10, $21,935 increase in Budget Appropriations
and decrease in Unappropriated Surplus for 1977 -78
Salary Adjustments, Water Fund.
BA -11, $530 increase in Budget Appropriations and
decrease in Unappropriated Surplus for 1977 -78
Salary Adjustments, Marinapark Fund.
BA -12, $10,300 increase in Budget Appropriations
and decrease in Unappropriated Surplus; from off -
street parking reserve for acquisition of the
State right -of -way parcel between Tustin Avenue
and City -owned lot from State of California,
General Fund.
BA -13, $141,140 transfer and a decrease in Unap-
propriated Surplus to provide for a reserve of 10%
of General Fund budget for Stabilization Fund in
accordance with Council Policy, General Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter from the City of Montebello was presented
Public Ei
regarding the State Constitutional Amendment
Strikes
(436)
i
Volume 31 - Page 210
mpl
r 1� C � {�f F Px ��j
COUNCILMEN MINUTES
9p y pp \N\ 9 A ��� �` ROLL CALL August 8, 1977 INDEX
Initiative prohibiting public employee strikes and
requesting endorsement by the City of Newport
.
Beach.
Motion
x
The Council endorsed this State Constitutional
Ayes
x
x
x
x
x
x
x
Amendment Initiative and directed that notice of
their endorsement be registered with the League,
CSAC (County Supervisors Association of California)
the City's legislative representatives and the
State Chamber of Commerce.
ADDITIONAL BUSINESS:
1. The general issue of the current standards, guide-
Conflict
lines, rules and regulations dealing with conflict
of
Motion
x
of interest was referred to the Pending Legislation
Interest
Ayes
x
x
x
x
x
x
x
and Ethics Committee with a request for recom-
(2622)
mendations and report back within two weeks.
Motion
x
2. Councilman Kuehn made a motion to refer the issue
of Larry Lynch and his appointment on the Planning
Commission to the Appointments Committee for
report back in two weeks.
Councilman McInnis asked that the motion be
amended to delay the action by the Appointments
Committee until after the Ethics Committee had
made its report, which amendment was accepted by
the maker of the motion.
x
x
x
x
x
A vote was taken on Councilman Kuehn's amended
x
x
motion, which motion carried.
3. Resolution L, a proposed resolution from the
Peripheral
Orange County Division to be considered by the
Canal
State League at the League Conference in San
(2744)
Francisco in September, relating to the construc-
tion of the Peripheral Canal was presented.
Motion
x
The City's delegate to the League was instructed
Ayes
x
x
x
x
x
x
x
to support Resolution L amended so the final
paragraph would read as follows: "NOW, THEREFORE,
the Orange County Chamber of Commerce requests
immediate action by the State Department of Water
Resources and the State of California to construct
the Peripheral Canal under conditions recommended
by the Department of Fish and Game in order for
both the San Joaquin Delta and Southern California
to realize their urgently needed water quality
objectives."
Motion
x
4. The staff was directed to appeal to the Board of
OrCo
Ayes
x
x
x
x
x
x
x
Supervisors regarding the Negative Declaration
Airport
regarding the Orange County Airport, which would
(195)
include the City's opposition to the construction
of new air freight facilities.
5. Councilman Rogers asked that the issue of the Art
Art Museum
•
Museum property be considered.
Property
(2522)
A letter from Peg Forgit regarding the sale of the
Art Museum property was presented.
Volume 31 - Page 211
COUNCILMEN
S � �
ROLL CALL
0
Motion
Ayes
•
MINUTES
August 8, 1977
_LNDEX _.
Peg Forgit addressed the Council and stressed that
the escrow was to close on the Art Museum property
on September 2, unless condemnation proceedings
were commenced by the City.
The staff was directed to place the subject of the
x
Art Museum property on the agenda for August 22,
x
x
x
x
x
x
x
to advise the people involved and to present to
Council in the staff report information on possible
financing.
Mayor Dostal adjourned the meeting at 10:05 P.M.
Mayor
ATTEST:
City Clerk (
y t A.
Volume 31 - Page 212
_LNDEX _.