The URL can be used to link to this page

Home My WebLink About03/25/1974 - Regular MeetingCOUNCILMEN P� �� p0 O \lrO 3p 3 F 2 0 N.ROLL CALL T� vN w � CITY OF !NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: March 25, 1974 MINUTES INDEX Present x x x x x x Roll Call. Absent x Mooiion x The reading of the Minutes of the Regular Meeting of Ayes x x x x x x March 11, 1974 were approved as written and ordered Absent x filed. Motion x The reading in full of all ordinances and resolutions under Ayes x x x x x x consideration was waived, and the City Clerk was directed Absent x to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing in connection Dist with Ordinance No. 1557, being, Map 10 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAP NO. 10, Planning Commission Amendment No. 427, request of Newport Harbor Yacht Club to rezone property located at 720 West Bay Avenue from the R -2, R -3 and R -4 Districts to the OS (Open Space) District. A report was presented from the Community Develop- ment Department..,, Motion x The hearing was closed after it was determined that Ayes x x x x x x no one desired to be heard. Absent Motion x Ordinance No. 1557 was adopted. Ayes x x x x x x Absent x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1558, being, Newspaper Collection AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 6.04. 020 AND 6.04. 070 OF CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO GARBAGE, REFUSE AND CUTTINGS, prohibiting unauthorized collection of newspapers which are set out for collection by the City's refuse collection crews, was presented for second reading. n x Ordinance No. 1558 was adopted. A x xxxxx Absent x Volume 28 - Page 83 COUNCILMEN t C p O �i O Na O ROLL CALL T� pN w March 25. 1974 MINUTES INDEX ssmt i tment Br 14 Hall nsion t 8426 .15 ution CONTINUED BUSINESS: 1. Letters urging that an Assessment and Treatment Asse Center be established in Newport Beach were pre- an sented from Shirley Humann, Barbara Eastman, Tres Carolyn Ross, Audrey Grundy, Nancy Skinner, Cent League of Women Voters of Orange Coast, Lido Isle Woman's Club and the Junior League of Newport Harbor. A letter was received after the agenda was printed from Mrs. Wilcox, Consultant for Development of Community Resources, thanking Council for its endorsement. Resolution No. 8214, endorsing the services of the R -82 Motion x Assessment Treatment Services Center and Ayes x x x x x x encouraging the County of Orange to provide the Absent x necessary funding, was adopted as amended. Z. A report was presented from the City Manager City regarding proposed addition to the Finance Depart - Expe ment, Contract No. 1603. Motion x All bids for subject project that were received and Ayes x x x x x x opened March 5 were rejected; and the matter was nt x referred to the City Hall Planning Committee. CURRENT BUSINESS: 1. A report was presented from the Community Develop- Tra( ment Department regarding the Final Map of Tract 8426, subdividing 14.002 acres into 54 lots for attached single - family residential development and one landscaped lot, located,on the northeast corner of Harbor View Drive and Marguerite Avenue (Jasmine Creek - Phase II). Leland Jensen, Civil Engineer with Urban Engineering, representing the developer and owner, stated that he was available to answer any questions. The Final Map of Tract 8426 was approved, subject to the conditions recommended by the Planning Com- mission; and Resolution No. 8215, authorizing the R -8; Motion x execution of an agreement with M. J. Brock and Sons, Ayes x x x x x x Inc. , subdivider, for the construction of improve - Absent x ments in Tract No. 8426,. was adopted. • 2. A report was presented from the Community Develop- Air ment Department regarding the Newport Beach Air Poll Volume 28 - Page 84 ssmt i tment Br 14 Hall nsion t 8426 .15 ution COUNCILMEN pc+ �< PO C' 3p Z, �'� ZZ OG'A O ROLL CALL T v pa v� v� Moti Aye Abs Mot i Aye Abs Mot Aye A March 25. 1974 MINUTES INDEX • Environmental Protection Agency. on x Resolution No. 8216, adopting an Air Pollution R -8216 s x x x x x x Emergency Abatement Plan for a trial period, was ent x adopted. 3. A report was presented from the Community Develop- Air ment Department regarding Orange County Air Pollution Pollution Control District proposed Emergency Plan. A letter was presented from the Intergovernmental Coordinating Council of Orange County giving notice of a public hearing to be held March 26 to review proposed amendments and additions to the Air Pollution Rules and Regulations, and requesting the City's comments by March 15. A letter was presented from the City of Santa Ana stating their City Council opposed the "Orange County Cities' Policy on Clean Air. " It was agreed to consider this matter later in the evening to give the Council an opportunity to review the Mayor's amended letter to the Orange County Board of Supervisors requesting certain amendments • to the Orange County Air Pollution Control District's proposed emergency plan. 4. A report was presented from the Public Works Npt Blvd Department regarding traffic study of Newport Traffic Boulevard from 28th Street to Via Lido. Signals The proposed changes to improve efficiency at the Via Lido intersection, as recommended in the staff on x report, were referred to the Lido Shops Association s x x x x x x for consideration; and the staff was directed to modify ent x the traffic signals on Newport Boulevard to provide interim signal progression from 28th Street to Via Lido, and to request the State to allow the City to take over maintenance and operation of the traffic signals at Via Lido and Finley. 5. A report was presented from the Public Works Balboa Department regarding AHFP Project Administration Boulevard Agreement for the widening of Balboa Boulevard Widening from 32nd Street to 44th Street, Project No. 675. ion x The widening of Balboa Boulevard from 32nd Street s x x x x x x to 44th Street.was removed from the table. Ail x Volume 28 - Page 85 Pollution Abatement Plan as requested by the COUNCILMEN \A1r%V\r0 O ROLL CALL r v March 25, 1974 MINUTES INDEX Resolution No. 8217, stating the intention of the City R -8217 on x to withdraw Project No. 675, Widening of Balboa . x x x x x x Boulevard from 32nd Street to 44th Street, from the kbsent x fiscal year 1973 -74 AHFP, was adopted. By unanimous consent of the Council, Agenda Item G -3 was considered at this time. A proposed letter to the Board of Supervisors for their Air hearing on March 26 to review the Orange County Air Pollution Pollution Control District Emergency Plan was considered. Motion x The Mayor was authorized to write the .letter, as amended, kyes x x x x x x for presentation at the March 26 Board of Supervisors' Absent x public hearing. 6. A letter was presented from Boris Baranowski, Fortune representing Barney Marino, requesting an amend- Telling ment to the City of Newport Beach ordinance to allow fortune telling to be practiced in the City of Newport Beach. , Boris Baranowski, attorney, addressed the Council. on x Mr. Baranowski was granted two additional minutes As x x x x x x for his presentation. Absent x Motion x Mr. Baranowski was granted another additional Ayes x x x x x x minute for his presentation. Absent x Motion x The matter was referred to the City Attorney and the x x x x x Police Department for report back on April 8. Abstain x Absent x 7. A letter was presented from Robert and Jane Refund McGiffin requesting that the $200 filing fee for Request Planning Commission Amendment No. 428 be refunded. A report was presented from the Community Develop - ment Department. Motion x Incompliance with the applicants' request, the Ayes x x x x x matter was continued to April 8. Abstain x Absent x • Volume 28 - Page 86 ROLL CALL An Ayes Absent • COUNCILMEN \010� ,n. March 25, 1974 MINUTES INDEX CONSENT CALENDAR: x The following items were approved by one motion x x x x x x affirming the actions on the Consent Calendar: x 1. The following ordinances were introduced and passed to second reading on April 8, 1974: Proposed Ordinance No. 0 -1559, being, AN ORDI- Speed NANCE OF THE CITY OF NEWPORT BEACH Limits AMENDING SECTION 12.24.030 OF THE NEWPORT 0 -1559 BEACH MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT ON WESTMINSTER AVENUE FROM OLD NEWPORT BOULEVARD TO 15TH STREET, establishing limit at 30 mph. (A report from the Public Works Department was presented.) Proposed Ordinance No. 1560, being, AN ORDINANCE Animal OF THE CITY OF NEWPORT BEACH AMENDING Impoundmt SECTION 7. 16.050 OF THE NEWPORT BEACH Fees MUNICIPAL CODE TO PROVIDE FOR AN INCREASE 0 -1560 IN ANIMAL CONTROL IMPOUNDMENT FEES. (A report from the Police Chief to the City Manager was presented.) 2. The following resolutions were adopted: Resolution No. 8218 establishing new boarding charges Animal for impounded fowl and animals and rescinding Reso- Control lution No. 7214. R -8218 Resolution No. 8219 designating intersections at which Stop vehicles are required to stop and directing the Traffic Signs Engineer to erect necessary stop signs, and rescinding R -8219 Resolution No. 5962; requiring vehicles on 36th Street to stop at Balboa Boulevard and requiring vehicles on Balboa Boulevard to stop at 38th Street. (A report from the Public Works Director was pre- sented. ) Resolution No. 8220 designating an intersection at Stop which vehicles are required to stop and directing the Signs Traffic Engineer to erect necessary stop signs; R -8220 requiring vehicles on River Avenue to stop at 38th Street. (A report from the Public Works Director was presented. ) Resolution No. 8221 authorizing execution of an agree- Police ment between the City of Newport Beach and Tallmantz Helicopters Aviation, Inc. , for the maintenance of police heli- R -8221 copters. (A report from the City Attorney was pre- sented.) Volume 28 - Page 87 ROLL CAl Ir � L� E COUNCILMEN L TvPN af9� F Ali Ti7� �r . • � � , ._: Mn,,I, 7S 107A MINUTES INDEX Resolution No. 8222 awarding a. contract to Alex Subdrain/ Robertson Co. for subdrain on Polaris Drive, Con- Polaris Dr tract No. 1574. (A report from the Public Works R -8222 Director was presented.) Resolution No. 8223 authorizing the execution of a Jamboree right of entry agreement between the City of Newport Road Beach and The Irvine Company for slope construction- R -8223 Jamboree Road between Eastbluff Drive North and University Drive North. (A report from the Public Works Director was presented.) Resolution No. 8224 authorizing the City Manager to Bicycle submit an application to the Southern California Asso -. Trails ciation of Governments for a grant from the Local R -8224 Transportation Fund for the development of bicycle trails. (A report from the Parks, Beaches and Recreation Director was presented.) Resolution No. 8225 authorizing execution of a co- Ford Rd operative financing agreement between the City of Widening Newport Beach and The Irvine Company for the R -8225 widening of a portion of Ford Road. (A report from the Public Works Director was presented.) Resolution No. 8226 authorizing execution of an Ford Rd engineering services agreement between the City of Widening Newport Beach and Simpson - Steppat, Consulting Civil R -8226 Engineers, for the widening of a portion of Ford Road. Resolution No. 8227 ordering the canvass of the Gen Mun General Municipal Election to be held on the 9th day Election of April, 1974, to be made by the City Clerk of the R -8227 City of Newport Beach. 3. The following communications were referred as indicated: Referred to staff for study and report back, letters Vacation/ from James J. Damis, attorney for Dussin Investment The Arcade Co. , requesting the City to vacate a street surrounding property in Central Newport owned by the Dussin Investment Co. Referred to Pending Legislation Committee, resolutior In Lieu Tax of the City of Seal Beach opposing Assembly Bill 2942 to reduce the city and county share of motor vehicle license fee revenue (in lieu tax) by 51o. 4. The following communications were referred to the 1 City Clerk for filing and inclusion in the records: Letter from Robert Wheeler regarding dredging in the Grand Canal. Volume 28 - Page 88 COUNCILMEN p�F�03 n o N fo3 Fy0 -Ao ROLL CALL T v N N ( yi 9m March 2S. 1974 MINUTES lmnFY Letter from William P. Cool opposing the Fifth Trans- • Avenue bypass. portation E Plan Resolution from Ecology Center of Southern California urging that Upper Newport Bay be a wildlife refuge and developed as a public park. Resolution of the City of Seal Beach expressing opposition to public ernployer-employee relations . legislation and supporting Senate Bill 522. League of California Cities Ninth Legislative Digest. Copy of appeal of McLain Development Co. from decision of South Coast Regional Commission regard- ing easement along Promontory Bay Channel. Interim order partially granting motion for temporary emergency fuel cost surcharge supplement on appli- cation of Greyhound Lines before Public Utilities Commission for increase in intrastate passenger fares. Notice of hearing before Public Utilities Commission on applications of Greyhound Lanes and others to • increase intrastate passenger fares and express rates. Notice of hearing before Public Utilities Commission regarding railroad grade crossings. Agenda for Board of Supervisors meetings of March 12, 13, 19 and 20, 1974. Letter from the Coast Community College District requesting a National Vietnam Veterans Day proc- lamation . 5. CLAIMS FOR DAMAGES: (a) The following claims were denied, and the City Claims Clerk's referral to the insurance carrier was confirmed: Claim of David B. Rosehill for personal injuries Rosehill allegedly received in connection with his arrest on December 19, 1973. Claim of Jacquelyn Rudzinski for damage to her Rudzinski car, allegedly caused when she was involved in an accident with a City vehicle on Seaview Street . in Corona del Mar on February 28, 1974. Volume 28 - Page 89 i COUNCILMEN P� \�P P O a� jp O �.� O ROLL CALL Pa � v� m March 25, 1974 MINUTES INDEX Claim of Robert Gillies for damages to his car Gillies • on March 1 when he was involved in an accident at 4th and Jasmine in Corona del Mar, allegedly due to negligence on the part of the City. Claim of John S. Wardwell for personal injuries Wardwell and property damage allegedly sustained when he was involved in an accident with a City vehicle on February 9, 1974 at the intersection of Newport Boulevard and Industrial Way. Claim of Pacific Auto Insurance Company for the Pacific cost of repairing the automobile of their insured, Auto Ins John Wardwell, allegedly damaged on February 9, 1974 when Mr. Wardwell was involved in an acci- dent with a City vehicle. Claim of Nancy Jones for damage to her bedroom Jones window which was allegedly broken by police officers who were trying to help her enter her home after she had locked herself out. Claim of Robert Lawrence Whittam for damages Whittam allegedly sustained on February 26, 1974 when he was riding his bicycle and ran into an uneven portion of sidewalk at Ocean Front and Island • Avenue.. Summons and Complaint for Wrongful Death of Williams, Geoffrey T. Williams, Peter W. Williams, and et al Gwen Huber by her guardian, Geoffrey T. Williams, Case No. 212029 in Orange County Superior Court. Summons and First Amended Complaint for Petersen Damages for Personal Injury and Property Damage of Timothy J. and Pamela Sue Petersen, Case No. 211538 in Orange County Superior Court. Summons and Complaint for Damages for Roy V. Neel Neel, Eva Neel and Ohio Casualty Insurance Company, Case No. 211894 in Orange County Superior Court. (b) The City Clerk's referral of the following claim to the City Attorney was confirmed, and the City Attorney was authorized to refer to County Counsel to represent the City: • Summons and Complaint for Refund of Taxes Paid Under Protest of Gordon C. Vaughn, Case No. Vaughn 211675 in Orange County Superior Court. (A report from the City Attorney was presented. ) Volume 28 - Page 90 COUNCILMEN �p 3 Cm 2 PO a� O ;0LL CALL March 25. 1974 MINUTES INDEX 6. The following request to fill personnel vacancies was • approved: (A report from the City Manager was pre- sented) One Building Maintenance Man I in the General Ser- vices Department to fill a position now vacant. , One Sign and Paint Shop Technician in the General Services Department to fill a position now vacant. Two Laborers in the General Services Department to fill positions now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. One Police Officer in the Police Department to fill a position now vacant. One Police Clerk I in the Police Department to fill a position to be vacant. One Recreation Supervisor in the Parks, Beaches and Recreation Department to fill a position now vacant. 7. The staff was authorized to pursue the offer of Don Bicycle • Koll to construct a bicycle bridge across the Lido Trails Channel. (A report from the Parks, Beaches and Recreation Commission was presented. ) 8. The staff was authorized to proceed with the formation Under- of Underground Utilities District No. 4 along the ground Pacific Coast Highway from Jamboree Road to Util Dist 4 MacArthur E)oulevard. (A report from the Public Works Director was presented, ) 9. The Street and Storm Drain Improvements for Storm Lafayette Avenue, Lido Park Drive, 31st Street, 30th Drain Street, 29th Street and Villa Way, Contract 1413, Imprmts/ were accepted, and the City Clerk was authorized to Lafayette., file a Notice of Completion and to release the bonds Lido Park 35 days after Notice of Completion has been filed. (A Dr, Etc. report from the Public Works Director was presented 10. The following maintenance dredging harbor permit Harbor applications were approved, subject to the conditions Permits/ of approval under the Blanket Maintenance Dredging Maint Permit issued by the U.S. Army Corps of Engineers: Dredging #105 -2319, Mr. Liston, 2319 Bayside Drive; #105- 2301, I. Berg, 2301 Bayside Drive; #110 -1112, K. Volk, 1112 E. Balboa Boulevard; #113 -71, B. Pascoe, 71 Linda Isle; #175 -800, C. Westering, 800 Via Lido Nord; #130 -2888, Swales Yacht Anchorage (Jeff Farewell), 2888 Bayshore Drive. (A report from the Marine Safety Department was presented.) Volume 28 - Page 91 COUNCILMEN P� f� PO C' O N� F 1, O ROLL CALL o 9 N s C�1 f "SCI Via► :�'.`LZ• : � �� -� March 25, 1974 MINUTES INDEX 11. The following Budget Amendments were approved: . BA -47, $500 transfer of Budget Appropriations for purchase of radio equipment from Unappropriated Contingency Reserve to Marine Safety, Special Departmental Supplies, General Fund. (A report from the City Manager was presented.) BA -48, $8, 000 increase in Budget Appropriations and in Revenue Estimates for County's contribution to additional cost of dredging the Grand Canal from Donations and Contributions to Dredge Grand Canal, General Fund. Ba -49, $615 increase in Budget Appropriations and decrease in Unappropriated Surplus for purchase of a 1 -ton truck in Parks, Beaches and Recreation - Parks, Parkways, etc. Division which exceeds the budgeted amount, from Unappropriated Surplus, Park and Recreation to PB &R- Parks, Parkways, etc., Capital Outlay, Park and Recreation Fund. (A report from the City Manager was presented.) BA -50, $270 transfer of Budget Appropriations for purchase of a 1 -ton truck in General Services - Traffic Signs Division which exceeds the budgeted • amount, from Field Maintenance - Rolling Equipment, General Fund to General Services- Traffic Signs, Rolling Equipment, General Fund. BA -51, $105 transfer of Budget Appropriations for purchase of a 4 -door station wagon for Fire Depart- ment which exceeds budgeted amount, from Unappro- priated Contingency Reserve to Fire, Capital Outlay, General Fund. BA -52; $25, 000 transfer of Budget Appropriations for engineering services for the final design of Ford Road improvements /Jamboree Road to MacArthur Boulevard from Jamboree /Santa Barbara /San Joaquin to Ford Road Improvements /Jamboree to MacArthur, State Gas Tax Fund (Sec. 2106). BA -53, $6, 200 increase in Unappropriated Surplus and in Revenue Estimates for State's share of traffic signal modification at the intersection of Balboa Boulevard and Coast Highway from Donations and Contributions to Balboa -Coast Highway /44th, Con- tribution Fund. BA -54, $180 transfer of Budget Appropriations to • provide a secretary to take minutes of the Bicycle Trails Citizens Advisory Committee meetings Volume 28 - Page 92 COUNCILMEN S0 1 ��. Z O a O ROLL CALL T v PN w _ vv Pm r1 LJ Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent E CITY OF NEWPORT BEACH MINUTES March 75. 1 Q74 111191 �7 iimal )ntrol -8228 ,and mal -edging •8229 ini -buses through the balance of the 1973 fiscal year from Unappropriated Surplus, General Fund to PB &R- Administrative, Overtime, Park and Recreation Fund. (A report from the City Manager was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Resolution No. 8228, authorizing execution of an Aj agreement between the City of Newport Beach and C1 Albert E. Stockton, V. M.D., in connection with R animal control services, was considered. Thomas Holm addressed the Council and objected to fines he had to pay for his dog. x Resolution No. 8228 was adopted. x xxxxx x 2. A report from the Public Works Director regarding G: maintenance dredging of the Grand Canal, 1973 -74, C; Contract No. 1499, was presented with a letter from D: the Orange County Harbors, Beaches and Parks District dated March 22, 1974 stating they have reviewed and approved the bid by Shellmaker, Inc. in the amount of $14, 500. x Resolution No. 8229, awarding a contract to Shell- R x xxxxx maker, Inc. for maintenance dredging of the Grand x Canal, 1973 -74, Contract No. 1499, was adopted. ADDITIONAL BUSINESS: 1. A report was presented from the City Manager re- M garding the leasing of school buses for a summer mini -bus operation. x The local summer mini -bus operation as proposed by x xxxxx staff was approved in concept on a trial basis; and the x staff was directed to implement the program. x The meeting was adjourned at 8:20 P.M. x xxxxx x Y ATTEST: City _l I / i Volume 28 - Page 93 111191 �7 iimal )ntrol -8228 ,and mal -edging •8229 ini -buses