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HomeMy WebLinkAbout10/14/1975 - Regular Meeting COUNCILMEN CITY OF NEWPORT BEACH MINUTES pm REGULAR COUNCIL MEETING po n �p� F9p a Place: Council Chambers Fpo �AZZ0 o Time: 7 : 30 P .M. INDEX ROLL CALL s�^9� 6, % A Vh DAte : October 14 1975 Present K x x x x x x Roll Call. Motion x The reading of the Minutes of the Regular Meeting of . Ayes x x x x x September 8, 1975 was waived, and said Minutes were Abstain I approved as written and ordered filed. Motion x The reading of the Minutes of the Regular Meeting of Ayes I x x x September 22, 1975 was waived, and said Minutes were Abstain x x approved as written and ordered filed. The reading in full of all ordinances and resolutions under Motion x consideration was waived, and the City Clerk was directed Ayes K x x x x x x to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding Alley construction of public improvements by using the Paving/ procedure in Chapter 27 of the Improvement Act of 1911 Block 3 to hear any protests from property owners who have been notified by the City to construct a Portland cement concrete alley adjacent to their property in Block 3, East Newport (city block bounded by Balboa Boulevard, Bay Avenue, 6th Street and Island Avenue) , using Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Director. Motion K The hearing was closed after it was determined that no Ayes K x x x x X one desired to be heard. Motion K The staff was directed to have the alley paved under Ayes K x x x x x I the procedure of the Improvement Act of 1911. 2. ,Mayor McInnis opened the public hearing regarding , Alley construction of public improvements by using the Paving/ procedure in Chapter 27 of the Improvement Act of 1911 Block 331 to hear any protests from property owners who have been notified by the City to construct a portland cement concrete alley adjacent to their property in Block 331, Lancaster's Addition (city block bounded by 30th Street, 31st Street, Villa Way and Newport Boulevard) , using Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Director. Tom Nixon briefly addressed the Council. Motion C The hearing was closed after it was determined that no Ayes C K x x x x x one else desired to be heard. on C The staff was directed to have the alley paved under s C t x x x x x the procedure of the Improvement Act of 1911. Volume 29 - Page 214 COUNCILMEN CITY OF NEWPORT BEACH MINUTES � m mO Aa t INDEX O � ROLL CALL pa s9� tp=2 apm October 14, 1975 3. Mayor McInnis opened the public hearing regarding the Alley construction, costs and assessments of the alley Paving/ improvements in Block 10, East Newport (city block Block 10 bounded by 6th Street, Island Avenue, Balboa Boulevard and Ocean Front), Contract No. 1624, accomplished under Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Director. Motion The hearing was closed after it was determined that no Ayes x x x x x x one desired to be heard. Resolution No. 8604, confirming the cost of con- R-8604 structing alley improvements and assessing certain costs against certain real property pursuant to the Motion I provisions of Chapter 27, Division 7, of the Streets Ayes x x x x x x & Highways Code (Block 10, East Newport) , was adopted. 4. Mayor McInnis opened the public hearing in connection Specific with Ordinance No. 1640, being, Plan Areas AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.08.290 TO THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "SPECIFIC PLAN AREAS - SITE PLAN REVIEW REQUIRED," AND ADDING SECTION 20.08.295 TO NEWPORT BEACH MUNICIPAL CODE ENTITLED, "USE PERMIT REQUIRED - SPECIFIC PLAN AREAS," Planning Commission Amendment No. 447, Interim Project Review for Specific Area Plan Areas. A report was presented from the Community Development Department. Motion K The hearing was closed after it was determined that no Ayes x x x x x one desired to be heard. Motion x Ordinance No. 1640 was adopted. Ayes K x x x x x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1636, being, Campaign Expendi- AN ORDINANCE OF THE CITY OF NEWPORT BEACH tures AMENDING CHAPTER 1.25 TO TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION AND EXPENDITURE CONTROL," was presented for second reading. Motion Ordinance No. 1636 was adopted. Ayes x x x x Noes x 2. Ordinance No. 1639, being, Animals on Beaches • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.030 OF THE NEWPORT BEACH MUNICIPAL CODE PROHIBITING ANIMALS ON PUBLIC BEACHES AND PARKS, was presented for second reading. Volume 29 - Page 215 COUNCILMEN CITY OF NEWPORT BEACH MINUTES m m p ppO 2 FSO%k2 F'P0 O ROLL CALL Ain* 9r o -t aim October 14, 1975 INDEX Letters approving the year-round prohibition of dogs . from the parks and beaches were presented from the following: Thomas and Margaret Hall, Elizabeth Bowers, Mr. and Mrs. Eugene McMurray, Russell Griffith, Luvena W. Hayton, Betty C. M. Messmer, Mary Lee Marchi, Mr. and Mrs. Walter Cade, and Ralph and Lucy Watson. Letters opposing the prohibition of dogs from the parks and beaches were presented from the following: Oscar, Mrs. S. M. Collester, Mr. S. M. Collester, Jean and Daniel Clark, Howard Rapp, Helen Hutchinson, Diana Elder, Kimberlie J. Collester, Bert Tuttle, petition signed by five Balboa residents, Mrs. Peggy Moore and Theresa Livingstone. Letters approving the year-round prohibition of dogs from the parks and beaches were received after the agenda was printed from R. A. Sympson, Helen L. Russell, Helen and Wiley McNair, Thomas H. Blandi, Phillip R. McGraw, R. L. Basso, Earl V. Nellesen, Gayle and Roy Jones, Mrs. Ernest McClellan, J. Robley Jenssen, Paul D. Breithaupt and a petition bearing the signatures of eighty residents. Letters opposing the prohibition of dogs from the parks and beaches were received after the agenda was printed from Coy E. Watts, the Oglesbys, Donald C. Berman, Dr. and Mrs. Donal Michalsky, George Frances, Marion Lane, Mr. and Mrs. Forrest Hart and Miss Susan • Hart and petitions bearing the signatures of 157 residents. The following people addressed the Council in favor of the year-round prohibition of dogs from the parks and beaches: John Mathison, Ralph Watson, Carl Mantier, Stanley Thompson, Brett Klyver as a member of the Board of Directors for the Balboa Island Improvement Association, Mary Inshaw and Boyd Ramsay. The following people addressed the Council opposing the prohibition of dogs from the parks and beaches: Mike Wolf, Donald Berman, Shirley Moore presented a petition bearing approximately 875 signatures, Wendy Bents presented a petition bearing approximately 300 signatures, Frank Anderson, Will Bents, Dorothy Hutchinson, Phyllis Calisch, George Perlin, Hank Durkee, Kathleen Severson, Mrs. Lyon, Susan Klein, Steve Moore, Roger Flarity, Ian Hodkins, Nita Wall, Ben Bracey, Debbi Jordan, Mrs. Frances Andorka, Bob Slaven, Jeannie McNichols, Helen Kieron, Michael Fiduccia, Bob Brackman, Roy Wilson, Bob Owsley, Frank Jordan, Pam Marshall and Rita Geyer. ' Motion Councilman Rogers made a motion to table Ordinance No. Ayes x x 1639, which motion failed to carry. Noes X x x x . Councilman Kuehn made a motion to adopt Ordinance No. 1639. Volume 29 - Page 216 COUNCILMEN CITY OF NEWPORT BEACH MINUTES 9 O m c!Z�F9pp NO 2 m INDEX ROLL CALL 9f 4112 aAta October 14 1975 Councilman Store asked that the motion be amended to • state that the ordinance would be effective for a period of 60 days then brought back to Council, which amendment was accepted by the maker of the motion. Motion Councilman Rogers made a substitute motion to continue Ayes I x x x the matter for 90 days at which time the citizens and Noes x x x the City should integrate programs which might be effective in circumventing the year-round banning of dogs from the beaches, which motion carried. 3. Ordinance No. 1637, being, Animal Control/ AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING Cats CHAPTER 7. 10 TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A VOLUNTEER IDENTI- FICATION PROGRAM FOR CATS, was presented for second reading. Motion Ordinance No. 1637 was adopted. Ayes x x x x x 4. Ordinance No. 1638, being, Animal Control/ AN ORDINANCE OF THE CITY OF NEWPORT BEACH Fees AMENDING SECTIONS 7.04.060 AND 7.16.050 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN ANIMAL CONTROL IMPOUNDMENT FEES AND • LICENSE FEES, AND REPEALING SECTION 7.16.030, was presented for second reading. Motion x Ordinance No. 1638 was adopted. Ayes xxxxx 5. Ordinance No. 1641, being, Boats AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 17.08.070 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE EVIDENCE DEALING WITH UNATTENDED VESSELS AND BOATS AND SECTION 17.08.080 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PROCEDURES FOR GIVING NOTICE OF VIOLATION, was presented for second reading. Motion Ordinance No. 1641 was adopted. Ayes x x x x 6. Ordinance No. 1642, being, Redistrict ing AN ORDINANCE OF THE CITY OF NEWPORT BEACH RE- DEFINING THE BOUNDARIES OF THE COUNCILMANIC DISTRICTS OF THE CITY, • establishing boundaries as shown on Alternate "C" Map, was presented for second reading. Motion x Ordinance No. 1642 was adopted. Ayes x x x x x Volume 29 - Page 217 COUNCILMEN CITY OF NEWPORT BEACH MINUTES S1 o v ROLL CALL T9� is 1Z apm October 14, 1975 INDEX CONTINUED BUSINESS: • 1. A report was presented from the Community Development Special Department regarding discretionary questions to be Census included in the 1976 Special Census program. Motion x It was directed that the five special questions be Ayes x x x x N selected; and the staff was directed to submit the Abstain K x five questions to the State Department of Finance for inclusion in the 1976 Special Census. 2. A report was presented from the Parks, Beaches and Marinapark Recreation Commission regarding its review of the Marinapark Lease Interim Report. Motion The matter was referred to the Council Marinapark Ayes K X x x x x x Lease Committee to begin discussions with Marinapark representatives. 3. A report was presented from the City Manager regarding Library Phase II of the Newport Center Library financing alternatives. The following people addressed the Council and asked that the matter be placed before the electorate: Margot Skilling, Bob Millar, Paul Hummel and Suzanne Rudd. The following people addressed the Council in favor • of the Newport Center library: Zada Taylor, member of the Board of Library Trustees; Bill Eilers, President of Newport Center Association; John Farmer; Mary Richmond and Fran Sloper, members of Friends of the Library; David Steinmetz, President of the Board of Trustees of the Newport Harbor Art Museum; Ruth LeLievre; Mrs. Duncan Stewart; Anita Kilbrick, Library Administrator for the Newport-Mesa Unified School District; Rochelle O'Donnell; Julia Banning; John Smith, University Librarian at UCI; Samuel McCulloch, Professor of History at UCI; Alice Reemer and Robert Shelton. Motion The Mayor was directed to negotiate with The Irvine Ayes x x x x x Company for a lower price on the property; the City Manager was directed to prepare the Land Purchase Agreement and to obtain a formal position from Orange County concerning their participation in a joint powers purchase agreement; and the staff was directed . to prepare the documents for alternative ways of financing, including General Obligation Bonds and a joint powers purchase agreement. Motion x Councilmen Kuehn, Ryckoff and Store were appointed to Ayes C K x x x x x an ad hoc Library Architect Selection Council Com- mittee to meet with representatives of the Library Board for the purpose of selecting an architect for the Newport Center Library. tion x 4. Patricia Black was appointed to fill the vacancy on Board of Ayes C X x x x x x the Board of Library Trustees to fill the unexpired Library term of Faith Vogel ending June 30, 1977. Trustees Volume 29 Page 218 COUNCILMEN CITY OF NEWPORT BEACH MINUTES A m ROLL CALL mNa v� N12 aAF October 14, 1975 INDEX 5. Appointments to Citizen Advisory Committees: • (District 7) Councilman Store's appointment of Robert Bicycle I . Newcomb as a member of the Bicycle Trails Citizens Trails Motion Advisory Committee to fill the vacancy created by Citizens Ayes tx x x x x I Gerard Van Hoven's resignation was confirmed. Adv Cmte (District 1) Councilman Roger's appointment of Ann Bicen- Smith as a member of the Bicentennial Citizens Ad- tennial Motion visory Committee to fill the vacancy created by Susan Citizens Ayes x x x x x N Lamb's resignation was confirmed. Adv Cmte (District 2) Mayor McInnis' appointment of a member to Litter Cont Motion x the Litter Control Citizens Advisory Committee to Citizens Ayes K x x x x x N replace Al Milligan was continued to October 28. Adv Cmte CURRENT BUSINESS: 1. A report was presented from the Environmental Quality Environ- Control Citizens Advisory Committee regarding absen- mental teeism on the Committee. Quality Control- Motion (District 1) Councilman Rogers reconfirmed his appoint- Citizens Ayes x x x x x x ment of Robert L. Allen as a member of the Committee. Adv Cmte (District 3) Councilman Barrett's appointment of a Motion x member to replace Ronald L. James was continued to Ayes x x x x x x October 28. (District 5) Councilman Ryckoff's appointment of Mandy •ion x Cole as a member of the Committee to replace Charles Ayes x x x x x x Griffin was confirmed. 2. A letter from the League of California Cities was League of presented requesting the City to designate a voting Calif Citi.- representative it;-representative and an alternate for the annual League Conference. Motion x Mayor Pro Tem Dostal was designated as the City's Ayes I x x x x x x voting representative and Councilman Kuehn was desig- nated as the alternate voting representative at the Annual League Conference in San Francisco, October 19- 22, 1975; and the City Clerk was directed to notify the League. 3. A letter from Alexander Bowie was presented requesting NIWA the City to appoint an Alternate Director to the Board of Directors of NIWA. As the City's designated delegate, Councilman Ryckoff's Motion x appointment as a Director on the NIWA Board was con- Ayes C x x x x x firmed; and Councilman Store was appointed as an Alternate Director. 4. A letter from the State Department of Fish and Game Upper was presented regarding the establishment of a com- Npt Bay mittee for consultation and guidance for development Ecological • of the Upper Newport Bay ecological reserve. Reserve Development The appointments of Mayor McInnis as the City's Cmte representative and Councilman Ryckoff as the alternate Motion x on the Upper Newport Bay Ecological Reserve Develop- Ayes C K x x x x x ment Committee were confirmed. Volume 29 - Page 219 COUNCILMEN CITY OF NEWPORT BEACH MINUTES � m p0 p p to c } OZGpma Z O � O ROLL CALL a*9� N1-twpm October 14, 1975 INDEX • 5. A letter from Lexitron Corporation was presented Business appealing the $50.00 delinquency fee imposed on them License in connection with their Business License and re- questing the Council to waive the delinquency fee. A report was presented from the Business License Supervisor to the City Manager. David L. Gangloff of Lexitron Corporation addressed the Council. Motion x Councilman Ryckoff made a motion to waive Municipal Ayes x x Code Section 5.04.210 in favor of Lexitron Corpo- Noes x x x ration, which motion failed. Motion x Subject request was denied. Ayes x x x x Noes x 6. A letter from Walter Semeniuk, owner, and Kermit Curb Cut/ Dorius, AIA, architect, was presented requesting a 6807 Sea- curb cut at 6807 Seashore Drive. shore Dr A report was presented from the Public Works Director. Motion x The request for a curb cut at 6807 Seashore Drive was Ayes K x x x x x X approved. • 7. A report was presented from the Board of Library Traffic Trustees to the City Manager regarding a traffic Signal/ signal light at the corner of Pacific Coast Highway Coast Hwy and Prospect Street. Prospect A letter from Lesly Ann Rizzo was presented asking for a traffic signal on Coast Highway at Prospect Street. Motion x The requests were referred to staff for inclusion in Ayes x x x x x X the Traffic Signal Priorities Study for review on October 28. 8. A report was presented from the Public Works Director Alley regarding proposed vacation and abandonment of a Vacation portion of an existing alley located westerly of Lafayette Avenue between 31st and 32nd Streets. Motion The following resolutions were adopted: Ayes x x x x Resolution No. 8605 adopting a map showing the R-8605 alley westerly of Lafayette Avenue between 31st Street and 32nd Street DrODOsed to be vacated. Resolution No. 8606 declaring intention to order R-8606 the closing up, vacation and abandonment of an alley westerly of Lafayette Avenue between 31st Street and 32nd Street; and setting a public hearing for November 10, 1975. Volume 29 - Page 220 COUNCILMEN CITY OF NEWPORT BEACH MINUTES 9�< O3 ZlO INDEX CALL asr 2OAA0 October 14, 1975 • 9. A report was presented from the Public Works Director Resub 494/ regarding Resubdivision No. 494, located on the Honey northeasterly corner of East Coast Highway and Poin- Baked Ham settia Avenue, Corona del Mar, Subdivider, Honey Baked Ham, Inc. Resolution No. 8607, authorizing the execution of an R-8607 agreement with Honey Baked Ham, Inc. for public improvements in connection with Resubdivision No. 494, approving the parcel map and accepting an offer of dedication (located on the northeasterly corner of Motion x East Coast Highway and Poinsettia Avenue in Corona del Ayes I x x x x x N Mar), was adopted. 10. A report was presented from the Public Works Director Tract 7953 regarding acceptance of public improvements in Tract No. 7953, bounded by MacArthur Boulevard, Campus Drive and Jamboree Boulevard, subdivider, Koll Center New- port. Resolution No. 8608, authorizing the execution of an R-8608 _ agreement with Koll Center Newport guaranteeing completion of the remaining public improvements in Motion x connection with Tract No. 7953, was adopted; the Ayes x x x x x x public improvements constructed to date in connection with Tract No. 7953 were accepted; and the City Clerk was authorized to release Faithful Performance Bond Nos. 2-062660, 2-062662 and 2-062663 and to release • the Labor and Materials Bonds in six months provided no claims have been filed. 11. A report was presented from the Parks, Beaches and Ensign Recreation Commission regarding the official name for View Park the church site property on Cliff Drive. Motion x The name "Ensign View Park" was adopted for the Cliff Ayes C x x x x x I Drive View Park church site property. 12. A report was presented from the Parks, Beaches and Tennis Recreation Commission regarding installation of "Fare Tennis, Inc." equipment. A report was presented from the City Manager. A report from Fare Tennis, Inc. was presented re- garding timing of the trial period. I Chris Menadier of Fare Tennis, Inc. addressed the Council. Motion x Approval of an agreement with Fare Tennis, Inc. was Ayes K x x x x x postponed to permit a trial period of a chalkboard system. 13. A report was presented from the Parks, Beaches and Water Recreation Commission regarding Council Policy State- Conner- • ment on water conservation, vation Policy S_ Motion x Council Policy M-4, "Water Conservation," was adopted. Ayes K K x x x x x Volume 29 - Page 221 COUNCILMEN CITY OF NEWPORT BEACH MINUTES p o A p 0 �Rp O�°�my 0�A . ROLL CALL p0 Tpu st a � p0 October 14, 1975 INDEX 14. A report was presented from the Traffic Affairs Street Committee regarding proposed street sweeping programs Cleaning/ for Corona del Mar and Lido Isle. CdM/Lida Isle A report was presented from the City Manager. Paul Hummel, President of the Corona del Mar Civic Association, addressed the Council and urged installa- tion of the program for Corona del Mar. Motion L The matter was referred to the City Manager for Ayes C x x x x x X report back on October 28 with a list of alternate ways of funding subject programs. 15. A report was presented from the City Manager's office OrCo regarding proposed amendments to Council Policy B-1 in Airport connection with safety at the Orange County Airport. Policy Sr�,�i A letter from the Airport Action Association was presented stating that the inadequacy of the Orange County Airport, the noise problem and the safety problem demonstrates there is an urgent and immediate need for an adequate, compatible, safe airport at another location. Stuart Williams and Jean Wegener addressed the Council and stated that the air traffic patterns at the Orange County Airport create an unsafe and hazardous condition 0tion Mr. Williams was granted ten minutes for his pre- es x x x x x x sentation. Jerry Bogan, representing the Federal Aviation Adminis- tration, and Bob Clifford, President of Air California, addressed the Council and stated that the air navi- gation system at the Orange County Airport is safe and efficient. Motion x Council Policy B-1, "Orange County Airport" was Ayes x x x x x amended to include statements on airport safety, and the staff was directed to send copies to FAA, Orange County Airport and to all airlines using Orange County Airport. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes c K x x x x x the actions on the Consent Calendar: 1. The following ordinances were introduced and passed to second reading on October 28, 1975: (a) Proposed Ordinance No. , 1643, being, AN ORDINANCE Speed OF THE CITY OF NEWPORT BEACH AMENDING SECTION Limits 12.24.045 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT ON CAMPUS DRIVE FROM MacARTHUR BOULEVARD TO JAMBOREE BOULEVARD, estab- lishing a forty-five miles per hour speed limit. (Exhibit) (Report from the Public Works Depart- ment) Volume 29 - Page 222 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ��Z mO ROLL CALL pT2Fa October 14, 1975 INDEX (b) Proposed Ordinance No. 1644, being, AN ORDINANCE Uniform OF THE CITY OF NEWPORT BEACH REPEALING CHAPTERS Fire Code 9. 12, 9.20, 9.24, 9.32, 9.36 and 9.40 OF THE NEWPORT BEACH MUNICIPAL CODE TO PREVENT DUPLI- CATION OF THE UNIFORM FIRE CODE, (Exhibit) (Report from the City Attorney) 2. The following resolutions were adopted: (a) Resolution No. 8609 authorizing the Mayor and PB&R City Clerk to execute an agreement between the R-8609 City of Newport Beach and the Newport-Mesa Unified School District (Community Swim Program) . (Report from the Parks, Beaches and Recreation Department) (b) Resolution No. 8610 authorizing the Mayor and FAU City Clerk to execute a master local agency-state Projects agreement for Federal-aid Urban System projects. R-8610 (Report from the Public Works Director) (c) Resolution No. 8611 authorizing execution of an Jamboree agreement with Alderman, Swift & Lewis for Road engineering services for the preparation of an Widening Environmental Impact Report in connection with R-8611 the widening of Jamboree Road from Ford Road to MacArthur Boulevard. (Report from the Public Works Director) . (d) Removed from Consent Calendar. (e) Removed from Consent Calendar. (f) Resolution No. 8612 authorizing the Mayor and Off-site City Clerk to execute an Off-Site Parking Agree- Prkg/ ment between the City of Newport Beach and the Univ Irv.*- Irvine University School of Law, Irvine (4400 Law School Campus Drive) . (Report from the Community R-8612 Development Department) 3. The following communications were referred as in- dicated: (a) To staff for inclusion in review of the Traffic Traffic Signal Priorities Study, letter from Mrs. J. F. Signal Slaughter requesting a traffic signal at 62nd Street and Pacific Coast Highway. (b) To staff for reply, letter from Martha Anwiler Boats regarding unauthorized boat tie-up on Grand Canal sea wall. (Exhibit) (c) To staff for reply, letter from Barbara Englar Dover/ regarding bike signals for the traffic signal at Westcliff Westcliff and Dover Drive. (Exhibit) Bicycle Crossing • (d) To staff for reply, letter from Balboa Peninsula Point Association regarding possible purchase of Pussycat the Pussycat Theater by the City. (Exhibit) Theater (e) To staff for inclusion in on-going study, letter Upper from The Irvine Company to the Mayor regarding Npt Bay Eastbluff Area Park Site "Land Trade Remnant". (Exhibit) Volume 29 - Page 223 COUNCILMEN CITY OF NEWPORT BEACH MINUTES p o m < 7i 9 �3, ws,�ZpG pp�Na ROLL CALL FNa r u+p2 wpm October 14, 1975 INDEX (f) To Community Development Citizens Advisory Com- OrCo mittee, letter from Orange County Community Com Dey Development Council, Inc. enclosing a news re- Council lease regarding their fund-raising campaign. (Exhibit) (g) To the City's representative, Mr. Harry Bubb, OrCo letter from Orange County Health Planning Council Health calling for nominations for Assembly At-Large Planning positions and Board of Directors for the Health Council Planning Council. (h) To staff for inclusion in on-going study, letter from John K. Hopkins opposing the Fifth Avenue bypass. (Exhibit) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter to Mayor McInnis from Irvin C. Chapman regarding pollution in the bay and a copy of the Mayor's reply. (Exhibit) (b) A letter to Mayor McInnis from Senator Dennis Carpenter regarding A.B. 1395 relating to water closets and advising that the measure is in the Senate Finance Committee at present and will not be considered again until January of 1976 and stating that he will keep in mind the support • urged by Newport Beach during debate on the bill at that time. (Exhibit) (c) Copy of a letter to the Commander, 11th Coast Coast Hwy Guard District from Pacific Coast Highway Bay Bridge Crossing Planning Committee supporting the 20' height recommendation reached by the Bridge Action Team and affirmed by the City Council in connection with the Coast Highway Bridge over Upper Newport Bay. (Exhibit) (d) Letter to Mayor McInnis from Supervisor Ralph A. Diedrich encouraging attendance at the Orange County Chamber of Commerce's Economic Outlook Conference slated for October 16 at the Anaheim Convention Center. (Exhibit) (e) Removed from Consent Calendar. (f) Letter from Ernestine Pollock protesting her weed abatement notice from the Fire Department. (Exhibit) (g) Copy of a letter to the Board of Supervisors from the County Administrative Officer and the Di- rector of the General Services Agency regarding the status of county-wide "911" emergency tele- phone system. (Exhibit) • (h) Letter from the State Solid Waste Management Board regarding coordination of City and County solid waste management planning activities and attaching a revision record for Register 75, Title 14 "Natural Resources". (Exhibit) Volume 29 - Page 224 COUNCILMEN CITY OF NEWPORT BEACH MINUTES 1 o A 9 A 3 �t pG ppm�'a ROLL CALL mN s9� a12 wpm INDEX October 14, 1975 (i) Agenda for Board of Supervisors meetings held September 23, 24, 30, October 1, 7 and 8, 1975. (j) Resolution of the 1975-76 Grand Jury of Orange County strongly urging the County Board of Supervisors to reconsider the proposal of Super- visor Ralph A. Diedrich and enact an ordinance requiring gasoline stations to post their prices. (Exhibit) (k) Resolution of the Board of Supervisors desig- nating Monday, October 6, 1975, as Free Enter- prise Day in Orange County. (1) Letter from the Intergovernmental Coordinating Council listing resolutions received since September 15, 1975. (m) Notice regarding resetting hearing of Pacific Telephone and Telegraph Company before Public Utilities Commission in connection with Appli- cation No. 55527 for revised tariff for SG-1 private branch exchange service. (n) Interim Opinion in connection with Application No. 55575 of Pacific Telephone and Telegraph Company before the Public Utilities Commission for a permanent tariff covering the offering of 801A dial PBX service. • (o) Letter to Mayor McInnis from Elizabeth N. Cope expressing appreciation for the assistance of City departments and specific employees in con- ! nection with the Balboa Peninsula Point Home Tour sponsored by the Women of St. James' Episcopal Church. (Exhibit) 5. The following claims were denied and the City Clerk's Claims referral to the insurance carrier was confirmed: (a) Claim of James Day Metro for damages allegedly Metro sustained by him from November, 1968 to the present time due to actions of the City. (b) Claim of John M. Beaty for reimbursement of Beaty towing costs and for damage to his trailer and catamaran vessel, allegedly caused when a Police Officer had them towed away from 321 Coronado, Balboa on August 7, 1975. (c) Claim of Dennis Clendenen for towing costs Clendenen incurred when a Police Officer had his car towed away from 250 Poppy Avenue, Corona del Mar on August 14, 1975, allegedly in error. (d) Claim of Pacific Telephone and Telegraph Company Pac Tel & for damage to their aerial cable, allegedly Tel • caused when a City trash truck struck and broke one of their telephone poles on Coyote Canyon, 100 feet south of Bonita, on August 28, 1975. Volume 29 - Page 225 COUNCILMEN CITY OF NEWPORT BEACH MINUTES Z�F9pp0�O ? INDEX ROLL CALL �r v� NSZ spm October 14, 1975 (e) Claim of Joyce Stevens for damages to her car, Stevens allegedly caused when a City fire truck backed into her parked car at 200 Piazza Lido, Newport Beach on September 8, 1975. (f) Claim of Delveta Mae Griggs alleging trespass, Griggs invasion of privacy, libel and slander, false arrest, false imprisonment, abuse of process, negligent and intentional infliction of emotional distress and punitive and exemplary damages in connection with her arrest on July 16, 1975 in the vicinity of Bungalow 5, 100 Block of B Street, Newport Beach. (g) Claim of Thomas R. Capehart for damage to his Capehart automobile, allegedly caused when he drove through some spilled wet white asphalt paint at the intersection of Jamboree Road and Santa Barbara. (h) Petition for Writ of Mandate and Points and Hirshberg Authorities in Support Thereof of Stanley Hirsh- berg vs City of Newport Beach and Robert Wynn. 6. The following request to fill personnel vacancies was approved: (Report from the City Manager.) i (a) One Police Officer in the Police Department to fill a position now vacant. • (b) One Custodial Officer in the Police Department to fill a position now vacant. (c) Two Groundsman Gardener I's in the Parks, Beaches and Recreation Department to fill positions now vacant. 7. The following staff and City auditor reports were received and ordered filed: (a) Report from the Parks, Beaches and Recreation PB&R Department to the City Clerk returning the unsigned original agreements with Coast Catamaran and Hobie Newport providing boats for the City's summer sailing program, approved by the City Council on June 23, 1975 by the adoption of Resolution Nos. 8522 and 8523, and stating they are not needed as other arrangements have been made for the boats. (Exhibit) (b) Financial Report of the City of Newport Beach Financial from the City Manager and the Finance Director Report for the fiscal year ending June 30, 1975, with Auditor's Opinion from Mestyanek & Mestyanek, City auditors. (c) Removed from Consent Calendar. • (d) Letter to the Finance Director from Mestyanek & Revenue Mestyanek, City auditors, regarding their revenue Sharing sharing audit and attaching copies of the audit. Audit i (Exhibit) ti Volume 29 - Page 226 COUNCILMEN CITY OF NEWPORT BEACH MINUTES MA0%%?r0St.AAX ROLL CALL October 14 1975 INDEX 8. The work on the Seal Coat Program, 1974-75, Contract 1974-75 No. 1699, was accepted, and the City Clerk was Seal Coat authorized to file a Notice of Completion and to Program release the bonds 35 days after the Notice of Com- pletion has been filed. (Report from the Public Works Director) 9. The work consisting of Resurfacing of Birch Street Birch St from Bristol to MacArthur, Contract No. 1732, was Resurfacing accepted, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (Report from the Public Works Director) 10. The work consisting of Jamboree Road Police Facility Police Landscaping, Contract No. 1514L, was accepted, Station and the City Clerk was authorized to file a Notice Landscaping of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (Report from the Public Works Director) 11. The plans and specifications for Cement-Mortar Lining Water Main of Cast Iron Water Mains on Balboa Peninsula, Con- Lining tract No. 1750, were approved, and the City Clerk was Balboa authorized to advertise for bids to be opened at Penin 10:30 A.M. on October 29, 1975. (Report from the Public Works Director) 12. The following Harbor Permit was approved, subject to Harbor • 1) the approval of the U. S. Army Corps of Engineers; Permit 2) that no vessels be allowed to side-tie on the "outside" of the easterly and westerly finger extension and 3) that the slips not be rented on a permanent basis unless restroom facilities and adequate parking are provided in accordance with the Council's Harbor Permit Policies: Harbor Permit Application #120-2230 of Woodrow Payne (Woody's Wharf Restaurant) to revise their existing two slips by extending three finger floats 20 feet bayward. (Report from the Marine Department) 13. The following Harbor Permit was approved, subject to Harbor the approval of the U. S. Army Corps of Engineers: Permit Harbor Permit Application #124-3300 of JJAK Corpo- ration to dredge and haul to sea 400 cubic yards of material beneath and immediately landward of two large slips located at 3300 Via Lido. (Report from the Marine Department) 14. The following maintenance dredging harbor permit Harbor application was approved, subject to the conditions Permit of approval under the blanket maintenance dredging permits issued by the U. S. Army Corps of Engineers: #110-1116, Joseph Baham, 116 E. Balboa Boulevard. (Report from the Marine Department) 15. The purchase of furniture for the newly appointed Police • Police Captain's office was approved. (Report from Dept. the City Manager) Volume 29 - Page 227 COUNCILMEN CITY OF NEWPORT BEACH MINUTES P m C% 0 pPu ROLL CALL a�v� 0 't apm October 14, 1975 INDEX 16. The following Budget Amendments were approved: • BA-17, $2,500 increase in Budget Appropriations and in Revenue Estimates to provide for contribution by Southern Pacific Land Company to fund 50% of the appraisal cost, up to a maximum of $2,500 for land near 32nd Street which is proposed for exchange between Southern Pacific Land Company and the City from Unappropriated Surplus-Donations and Contri- butions to Right-of-Way Street Widening Projects, General Fund. BA-18, $2,288.48 increase in Budget Appropriations and a decrease in Unappropriated Surplus for final payment on contract retention for Ford Road widening from Jamboree Road to MacArthur Boulevard, State Gas Tax Fund. BA-19, $500 increase in Budget Appropriations and a decrease in Unappropriated Surplus for repair of Corona del Mar Branch Library sculpture which was vandalized to Library, Services-Professional, Tech- nical, etc. , Library Fund. (Report from the City Librarian) BA-20, $2,727.38 increase in Budget Appropriations for landscaping Jamboree Road Police Facility from Un- appropriated Surplus to Police Facility, Capital Improvement Fund. • BA-21, $20,000 increase in Budget Appropriations and a decrease in Unappropriated Surplus for engineering services to prepare EIR for Jamboree Road widening from Ford Road to MacArthur Boulevard. BA-22, $1,700 transfer of Budget Appropriations for installation of new roof at West Newport Children's Library, from Unappropriated Surplus to Services- Professional, Technical, etc. , Library Fund. (Report from the City Librarian) ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. It was directed that the report from the Parks, PB&R Ayes xx x x x x Beaches and Recreation Director regarding partici- pation in recreation programs be placed on the agenda when the Parks, Beaches and Recreation Com- mission presents its report to the Council. Motion x 2. A letter from Waldo W. Hein regarding litter in the Litter Ayes K x x x x x x City was referred to the staff for reply. 3. A proposed resolution regarding personnel policies Personnel Motion was postponed to October 28 for a report from staff Ayes K K x x x x x regarding the changes in the policy. 4. Resolution No. 8613, authorizing the Mayor and City W. Npt • Clerk to execute an agreement between the City of Park Newport Beach and Kammeyer & Lynch, Landscape R-8613 Motion x Architects for design services in connection with Q_ 1,I4d3 Ayes C K x x x x West Newport Park, was adopted. (Report from the 0%) Abstain x Parks, Beaches and Recreation Commission) Volume 29 - Page 228 COUNCILMEN CITY OF NEWPORT BEACH MINUTES 'P A Ac� �32-JC% Ick POLL CALL a s a t a m October 14, 1975 INDEX ADDITIONAL BUSINESS: • 1. A report was presented from the City Manager regarding City Seal a request of Elizabeth Brozowsky to utilize the City Seal for mounting on a plaque to present to the Orange County Board of Supervisors. Motion x The request of Elizabeth Brozowsky was granted. Ayes K x x x x x 2. A letter from the U. N. Day Mayors Committee was iUN Day presented requesting the City to appoint a U. N. Day Chairperson. Motion x Councilman Lucille Kuehn was appointed as the U. N. Ayes x x x x x Day Chairperson representing the City of Newport Noes K x Beach. The meeting was adjourned at 1:00 A.M. ®8w Mayor ATTES . • City C erl • Volume 29 - Page 229