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HomeMy WebLinkAbout06/13/1977 - Regular MeetingCOUNCILMEN �p 9 pp �G\ c�� 9m 0 '2 t^�� p�'ty �y�il1 ROLL CALL \ CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: June 13, 1977 MINUTES NDEX Present x x x x x x Roll Call. Absent x Lion x The reading of the Minutes of the Regular Meeting of Xyea x x x x x x May 23, 1977 was waived, and said Minutes were approved Absent x as written and ordered filed. Motion x The reading in full of all ordinances and resolutions Ayes x x x x x x under consideration was waived, and the City Clerk was Absent x directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing regarding Revenue proposed use of Federal Revenue Sharing Funds for Sharing 1977 -78. A report was presented from the City Manager. The following people addressed the Council regard- ing the Revenue Sharing Funds: Harriet Beemis and Barney Larks asked that the hearing be continued, Fern Pirkle asked that some of the funds be used to purchase a minibus for senior citizens, Ruth Kahn asked that funds be made available to provide a "meals -on- wheels" type of service for senior citizens, Bobby Lovell was given an explanation of the methods used for determining items for the use of these funds, and Hal Thomas recommended the use of funds to purchase a vacuum street sweeper or 0 other ecologically beneficial item. Motion x The hearing was closed after it was determined Ayes x x x x x x that no one else desired to be heard. Absent x The approval, disapproval or modification of the Motion x proposed use of Federal Revenue Sharing Funds, as Ayes x x x x x x proposed in the 1977 -78 Budget, was continued Absent x until June 27. 2. Mayor Dostal opened the public hearing regarding Budget the Preliminary Budget as prepared by the City 1977 -7E Manager for the fiscal year 1977 -78, pursuant to Section 1102 of the Newport Beach City Charter. A report was presented from the City Manager regarding the following "check list" items on which the Council tentatively voted, as follows: Amount 1. Authorization to hire additional (5) Police Officers (a) Salaries 76,200 (b) Retirement, Health Insurance, etc. 20,740 96,940 i Volume 31 - Page 144 CITY OF NEWPORT BEACH COUNCILMEN 9 y Opp p� F �cF �. P '`y` s 22 ROLL C4LL \ \ Tune 13, 1977 MINUTES _[iTsm 2. Placement of Police Depart- ment Staff, on 12 hour shift for two 3 -day weekends 19,200 Items 1 and 2 approved on motion of McInnis, all ayes except Ryckoff voting no, Kuehn absent 3. Fire Department Rescue Saw 550 Approved on motion of Barrett, all ayes except Ryckoff and McInnis voting no, Kuehn absent 4. Litter Control Committee (a) Salary (Litter Control Officer) 11,674 (b) Retirement, Health Insurance, etc. 2,506 (c) Maintenance and Operation 2,900 (d) Capital Outlay 7,900 (e) Additional Money (over $8,000 already included in budget) for General Litter Committee Programs 2,000 • 26,980 Items (a) through (d) were disapproved on motion of Rogers, all ayes except Barrett, Dostal and Ryckoff voting no, Kuehn absent Item (e) approved on motion of Dostal, all ayes, Kuehn absent 5. City Arts Commission (a) Arts Festival 10,000 (b) Performing Arts Center 10,000 20,000 Item (a) approved on motion of Williams, all ayes except Ryckoff voting no, Kuehn absent Item (b) disapproved on motion of Williams, all ayes, Kuehn absent 6. Corona del Mar Library Drinking Fountain 150 Approved on motion of Rogers, all ayes, Kuehn absent i Volume 31 - Page 144 (a) COUNCILMEN MINUTES L Pp N i 0% y2� ROLL 061 1 \ \ June 13. 1977 wOFY 7. Ensign View Park Community Building (a) Maintenance and Operation 3,000 (b) Capital Outlay 5,960 8,960 Disapproved on motion of Barrett, all ayes, Kuehn absent 8. Portable Public Address System 985 Approved on motion of Dostal, all ayes except Ryckoff and McInnis, Kuehn absent 9. Senior Citizens Center (a) Salary (Senior Citizen Coordinator) 11,860 (b) Retirement, Health Insurance, etc. 2,890 (c) Maintenance and Operation 9,865 (d) Capital Outlay 7,495 (e) Capital Improvements 7,000 39,110 Approved on motion of Ryckoff. all ayes. Kuehn absent Lyman Faulkner, representing the Harbor Area Board of Realtors, addressed the Council and protested the increase in the Budget. The following people addressed the Council in favor of the hiring of five additional Police Officers and /or the placing of Police Department staff on 12 -hour shifts for two 3 -day weekends: Dick Clucas, Carol Martin, John Shea, Verne Cox, Thomas Fox, Bob Millar of the Little Island Property Owners Association, Barney Larks and Carol Blanchard. The following people addressed the Council in favor of the addition of a Litter Control Officer: Suzanne Rudd, Chairman of the Litter Control Citizens Advisory Committee; Thomas Fax, and George Perlin who also requested stricter enforcement of existing litter laws. The following people addressed the Council regarding the request of the City Arts Commission for additional funding for the Arts Festival and the Performing Arts Center: Jackie Kilbourne, i Volume 31 - Page 145 COUNCILMEN �o ROLL CALL v �O ' sL m June 13, 1977 MINUTES INDEX Chairman of the City Arts Commission; and Bill Tappan and Mitch Teemley, members of the City Arts • Commission. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report in connection with the Ensign View Park Community Building. Carol Blanchard addressed the Council in favor of a portable public address system. The Council agreed that the following items would be included in the Budget: Amount Authorization to hire five additional Police Officers 96,940 Placement of Police Department staff on 12 hour shifts for two 3 -day weekends 19,200 Fire Department Rescue Saw 550 Additional Money (over $8,000 already included in Budget) for General Litter Committee Programs 2,000 Arts Festival 10,000 Corona del Mar Library Drinking Fountain 150 Portable Public Address System 985 Senior Citizen Center 39,110 The Council agreed that the following items would not be included in the Budget: Amount Salary and fringe benefits for the Litter Control Officer and associated equipment expense 24,980 The Performing Arts Center 10,000 The Ensign View Park Community Building 8,960 M on x The hearing was continued to June 27, 1977, and 1� x x x x x x the City Manager was directed to prepare the Absent x necessary resolutions for adoption on June 27, 1977. Volume 31 - 146 {Ii I i 1 0. *,, c... }bry // 4� l�J f i T L�� Y1 �✓ E' S COUNCILMEN 9p y pp��6 gG\' c�5�n �g� �s ROLE CALL. June 13, 1977 MINUTES INDEX 3. Mayor Dostal opened the public hearing regarding District Ordinance No. 1734, being, Map 26 0-1734 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP N0. 26 FROM THE UNCLASSIFIED DISTRICT_ TO THE R -2 DISTRICT (7 TH 252 250 ROUGH 5 - 16TH STREET IN NEWPORT BEACH), Planning Commission Amendment No. 492,_initiatad by Taylor B. Grant and E. G. Warmington, Irvine; and the acceptance of an environmental document. A report was presented from the Community Develop- ment Department. Hal Thomas addressed the Council and requested that the hearing be continued until the Environ- mental Oualitv Control Citizens Advisory Committee has had an opportunity to see the Negative Declara- tion. Taylor Grant, one of the applicants, addressed the Council in favor of the project. Motion x The hearing was closed after it was determined Ayes x x x x x x that no one else desired to be heard. Absent x Motion x Ordinance No. 1734 was adopted, and the environ- x x x x mental document was accepted. x x Absent x 4. Mayor Dostal opened the public hearing regarding Tract 981( Tentative Map of Tract No. 9810, a request of Taylor B. Grant and E. G. Warmington, Irvine, to permit the subdivision of 0.926 acres into seven lots for two - family residential development and one lot to be utilized as a common ingress and egress for two of the proposed residential lots. Property located at 2507 -2525 - 16th Street in Newport Heights, zoned Unclassified. 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 that no one desired to be heard. Absent x Motion x The Tentative Map of Tract No. 9810 was approved, Ayes x x x x incorporating by reference the findings and Noes x x conditions recommended by the Planning Commission. Absent x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1735, being, Annexatia Fees AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1735 AMENDING SECTION 3.13.030 A OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ANNEXATION FEES, was presented for second reading. Volume 31 - Page 147 COUNCILMEN MINUTES 90 v Dos P A tP ROLL CALL �s A \ \ June 13. 1977 ��uncv Motion x Ordinance No. 1735 was adopted. Ayes x x x x x x �ent x 2. Ordinance No. 1736, being, Permit Fees AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1736 AMENDING SECTIONS 15.16.060 A AND 15.16.150 OF THE NEWPORT BEACH MUNICIPAL CODE TO SET SIGN PERMIT FEES BY RESOLUTION OF THE CITY COUNCIL, was presented for second reading. Motion x Ordinance No. 1736 was adopted. Ayes x x x x x x Absent x 3. Ordinance No. 1737, being, Fee Settin by AN ORDINANCE OF THE CITY OF NEWPORT BEACH Resolution AMENDING SECTIONS 19.12.010 AND 19.12.040 A 0 -1737 AND J TO SET RESUBDIVISION AND TENTATIVE MAP FEES BY RESOLUTION OF THE CITY COUNCIL, was presented for second reading. Motion x Ordinance No. 1737 was adopted. Ayes x x x x x x Absent x • 4. Ordinance No. 1738, being, Investigat and AN ORDINANCE OF THE CITY OF NEWPORT BEACH Applicatio AMENDING SECTIONS 5.10.030,_5.M320 A, Fees 5.14.180, 5.15.110, 5.20.060, 5.28.030, 0 -1738 5.32.040, 5.34.040, 5.41.040, 5.46.030, 5.48.080 AND 5.50.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE THAT THE INVESTI- GATION OR APPLICATION. FEES IN EACH OF SAID SECTIONS SHALL BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL, was presented for second reading. Motion x Ordinance No. 1738 was adopted. Ayes x x x x x x Absent x 5. Ordinance No. 1739, being, Building Excise Tax AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1739 AMENDING SECTION 3.12.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCREASE THE AMOUNT OF PROPERTY DEVELOPMENT TAR IMPOSED, was presented for second reading. ion x Ordinance No. 1739 was adopted. es x x x x x x Absent x 6. Ordinance No. 1740, being, Animal Cox trol/ AN ORDINANCE OF THE CITY OF NEWPORT BEACH Apiaries ADDING CHAPTER 7.25 ENTITLED "APIARIES" 0 -1740 Volume 31 - Page 148 ion COUNCILMEN p���� �y � s ROLL CALL s A \ \ June 13, 1977 MINUTES iedncv TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, • was presented for second reading. Motion x Councilman Rogers made a motion to adopt Ordinance No. 1740. Motion x Mayor Dostal made a substitute motion to reintro- Ayes x x x x duce Ordinance No. 1740 to include designation of Noes x x the violation as an infraction, and to bring it Absent x back for second reading and adoption on June 27, 1977, which motion carried. 7. Ordinance No. 1741, being, Holding Tanks AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1741 AMENDING CHAPTER 17.32 OF THE NEWPORT BEACH MUNICIPAL CODE BY DELETING THEREFROM SECTION 17.32.015, VESSEL HOLDING TANK AND MARINA PUMPOUT FACILITY REQUIREMENTS, was presented for second reading. Motion x Ordinance No. 1741 was tabled. Ayes x x x x x x Absent x CONTINUED BUSINESS: 1. A report to the City Manager from the Police Chief Police • was presented regarding the requests of Coast Tow Truck Towing Service and Harbor Towing Co. for increase Services in rates as 'Official Police Tow Services." Motion x The recommendations of the Police Department were Ayes x x x x x x approved, and Resolution No. 9109, establishing R -9109 Absent x towing rates, storage rates and after hours release fees for official tow truck services, and repealing Resolution No. 8491, was adopted. 2. A report was presented from the City Attorney HUD /5th 6 regarding the transfer of responsibility of Marguerite Housing and Community Development activities regarding the property at 5th and Marguerite. Barney Larks addressed the Council and requested an explanation of the proposed transfer of respon- sibility. The action was explained by the City Manager that it was from the County to the City. Motion x Resolution No. 9110, authorizing the Mayor and R -9110 Ayes x x x x x x City Clerk to execute an Amendment to the Community Absent x Development Block Grant Program to provide for transfer of responsiblity, was adopted. 3. Relocation of the Library Technical Services Library function and /or Administrative function of the Library Department was considered. A report from the City Manager and a report from the Parks, Beaches and Recreation Director were presented. i Volume 31 - Page 149 :.: i COUNCILMEN MINUTES ct P F 2 c��C�9 �F�9C\p�$� \$s ROLL CeLL \ \ June 13. 1977 ltinFv 67 A letter was presented from the Voluntary Action Center asking Council to retain the Center at its present location. A letter was presented from Evelyn Hart regarding the size of the new branch library. Phil Morgan, Chairman of the Board of Library Trustees, addressed the Council and urged the relocation of both the Technical Services and the Administrative functions to the new branch library in Newport Center. Owen McCorkle of William Blurock & Partners addressed the Council and responded to questions involving costs in connection with a 4,000 square foot shell at the Newport Center Branch Library. Motion x Councilman Ryckoff made a motion to move Technical Services and Administration to the old Parks, Beaches and Recreation Building. . Motion x Mayor Pro Tem Barrett made a substitute motion to add 8,000 square feet to the Newport Center Branch Library plan, to develop 4,000 square feet and leave 4,000 as shell, and direct the staff to come back with a report on interim accomodations before this can be accomplished. City Librarian Brad Simon addressed the Council in • response to a question regarding the Library's space needs. Ayes x x A vote was taken on Mayor Pro Tem Barrett °s motion, Noes x x x x which motion failed to carry. Absent x Motion x Mayor Dostal made a substitute motion to add 3,955 Ayes x x x square feet to the Newport Center Branch Library Noes x x x plan to provide for the incorporation of Library Absent x Administration and Technical Services, and direct the staff to report back on interim alternatives for Technical Services, which motion failed to carry. Ayes x A vote was taken on Councilman Ryckoff °s main Noes x x x x x motion, which motion failed to carry. Absent x Motion x Councilman Williams made a motion to move Technical Ayes x x x x Services to the old City Council Chambers, which Noes x x motion carried. Absent x CURRENT BUSINESS: 1. A report was presented from the Community Develop- Tract 79 ment Department regarding the Final Map of Tract 7967, a request of M. J. Brock & Sons to subdivide 24.34 acres into seventy -eight lots for single - family residential development, and one lot for landscaping, common areas, private streets, and easements; located on the southerly side of San Joaquin Hills Road between Marguerite Avenue and Crown Drive North in Jasmine Creek, zoned P -C. I Volume 31 - Page 150 67 Ajff COUNCILMEN ROLL CALL S A \ \ June 13, 1977 MINUTES .. .ot krea Dr. Gene Atherton addressed the Council and asked if the park dedication requirement adopted by the • City would apply to this development. Roy Higa of Ervin Engineering addressed the Council and stated that they accepted all con -' ditions recommended by the Commission. Motion x Mayor Pro Tem Barrett made a motion to approve the Ayes x x x Final Map of Tract No. 7967, incorporating by Noes x x x reference the conditions recommended by the Absent x Planning Commission, and to adopt a proposed resolution authorizing the Mayor and City Clerk to execute agreements between the City and M. J. Brock & Sons for construction of improvements in Tract No. 7967 (San Joaquin Hills Road between Marguerite Avenue and Crown Drive North in Jasmine Creek), which motion failed to carry. Motion x Councilman Rogers made a motion to reconsider the Ayes x x x x subject. Noes x x Absent x Motion x Councilman Williams made a motion to continue the subject to June 27, 1977. The Mayor, on advice from the City Attorney, asked Mr. Higa if he would stipulate to the continuance, which he did. x x x x A vote was taken on Councilman Williams' motion, Noes x x which motion carried. Absent x 2. A letter was presented from Newport Crest Home- PCHwy owner's Association regarding the landscaping of Parking ] the Pacific Coast Highway vehicle storage lot. A report was presented from the City Manager. Walter Scott addressed the Council and asked that the parking lot be allowed to continue since it is necessary for so many residents to have a location for parking their recreational vehicles. Bob Abbott, parking lot lessee, addressed the Council and stated he was willing to comply and that he would contact staff to learn what measures should be taken in this direction. Motion x The staff was directed to notify the parking lot Ayes x x x x x x lessee of the Council's intention to terminate his Absent x lease unless that parking lot is adequately land- scaped to provide visual screening in accordance with the contract within ninety days. 3. A report was presented from the Public Works CdM Beacl • Director regarding the miscellaneous concrete Park repairs at Corona del Mar City and State Beach Service i Park - Service Area No. 1, Contract No. 1903. Motion x The informality in Uribe Company's bid was waived, R -9112 Ayes x x x x x x and Resolution No. 9112, awarding a contract to Absent x Volume 31 - Page 151 .ot krea i t , COUNCILMEN gyp ! 9 o0 A F Z9 A F$ ZZ 'P�,9$,F�! TZ \mss ROLL CALL `r June 13, 1977 MINUTES I�I_ the Uribe Company for miscellaneous concrete repairs - Corona del Mar City and State Beach Park - Service Area No. 1, Contract No. 1903, was • adopted. Motion x 4. Council Policy 1 -3 "Park Standards,11 was amended. Council Ayes x x x x x x Policy Absent x 5. A report was presented from the City Attorney Council regarding the recording of Council meetings. Policy Motion x Council Policy A -6, "Recording Council Study Ayes x x x x x Sessions," was amended to include the recording of Noes x regular Council meetings. Absent x 6. Appointments to Citizens Advisory Committees: CAC's A letter from Alex Schvarz was presented resigning from the Community Development Citizens Advisory Committee. A letter to Councilman Ryckoff from Burr Allegaert was presented resigning from the Environmental Quality Control Citizens Advisory Committee. The resignations of Earle Burke and Alex Schvarz from the Community Development Citizens Advisory Committee and of Burr Allegaert from the Environ- mental Qaulity Control Citizens Advisory Committee *on x were accepted with regret; the City Clerk was Ayes x x x x x x directed to prepare Certificates of Appreciation; Absent x and the following actions were taken regarding the vacancies: (District 2) Councilman McInnis' appointment of a Com Dev member to the Community Development Citizens CAC Advisory Committee to fill the unexpired term of Alex Schvarz ending December 31, 1977 was post- poned to July 11, 1977. (District 5) Councilman Ryckoff's appointment of Com Dev Barclay W. Ardell as a member of the Community CAC Development Citizens Advisory Committee to fill the unexpired term of Earle Burke ending December 31, 1977 was confirmed. (District 5) Councilman Ryckoff's appointment of a CEQCAC member to the Environmental Quality Control Citizens Advisory Committee to fill the unexpired term of Burr Allegaert ending December 31, 1977 was postponed to June 27, 1977. 7. Mayor Dostal requested the City Clerk to open and Legal announce the proposals received by her on or Notices before the hour of 7:30 P.M. on June 13, 1977 for a contract covering the publication and printing of all legal notices or other material required to be published in a newspaper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 30, 1977. i Volume 31 - Page 152 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �� 9 0O �L c m\ Fps v� � ROLL CALL A \ \ June 13, 1977 �ninry Ve The Clerk stated that two bids had been received from the Newport Harbor Ensign and from the Orange Coast Daily Pilot. The Clerk opened the bids and • announced the basic bid proposals as follows: Per Column Inch Newport Harbor Ensign $1.50 Orange Coast Daily Pilot $3.91 Resolution No. 9113, awarding a contract to the R -9113 Newport Harbor Ensign for the publication of legal notices and other matters and designating an Motion x official newspaper for publication of notices for Ayes x x x x x x the fiscal year ending June 30, 1978, and rescind - Absent x ing Resolution No. 8784, was adopted. 8. A report was presented from the Public Works Traffic Department regarding the installation of traffic Signal/ signal and safety lighting on Birch Street at Dove Birch & Do Street, Contract No. 1801. The City Attorney advised the Council that a letter dated June 13, 1977 had been received from the contractor, Fischback & Moore, Inc., requesting that the City hpld in abeyance the assessing of liquidated damages in the amount of $2,300. Motion x The work on subject project was accepted; the City A x x x x x x Clerk was authorized to file a Notice of Completion nt x the City Clerk was authorized to release the bonds 35 days after the Notice of Completion has been filed; determination on the assessment of liqui- dated damages was delayed until July 25, 1977 to allow the staff to peview information to be supplied by the contractor justifying the delay in completion of the work; and the staff was directed to report back to the Council. 9. A report was presented from the City Manager Resub 537 regarding the Park Dedication Agreement with The Irvine Company in connection with Resubdivision No. 537 - Sea Island Apartments. Motion x The Park Dedication Agreement was referred back to Ayes x x x x x x staff. Absent x CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x ing the actions on the Consent Calendar* Absent x 1. The following ordinances were introduced and passed to second reading on June 27, 1977: (a) Removed from the Consent Calendar. • 2. The following resolutions were adopted: (a) Resolution No. 9114 authorizing the Mayor and Off -Site City Clerk to execute an Off -Site Parking Prkg Agmnt Agreement between the City of Newport Beach Irvine Ind and the Irvine Industrial Complex. (A report Complex from the Community Development Department) R -9114 i Volume 31 - Page 153 Ve CMY OF NEWPORT BEACH COUNCILMEN MINUTES poi 900�� �G\ c� �� 99 Na ROLL CALL A \ \ June 13_ 1977 (b) Resolution No. 9115 awarding a contract to Site Impry the Griffith Company for Site Improvements - Superior Superior Avenue from Placentia Avenue to Avenue Industrial Way, Contract No. 1665. (A report R -9115 from the Public Works Director) (c) Resolution No. 9116 authorizing the Mayor and MacArthur City Clerk to execute a Cooperative Agreement Bicycle between the City of Newport Beach and the Trail City of Irvine for construction of the R -9116 MacArthur Bike Trail. (A report from the Public Works Director) (d) Resolution No. 9117 advising the Arterial AHFP Highway Financing Program Advisory Committee R -9117 that an amendment to the Master Plan of Streets and Highways has been adopted, and requesting the County of Orange to modify its Master Plan of Arterial Highways with the City to conform to the City's Master Plan (change of designation of a portion of Back Bay Drive). (A report from the Public Works Director) (e) Resolution No. 9118 accepting a Corporation Newport Grant Deed from Properties West, Inc. for the Shores north half of Lots 3 and 14, Block 5, Sea- Specific shore Colony Tract in the Newport Shores Plan area. (A report from the Public Works R -9118 Director) _ • (f) Resolution No. 9119 authorizing the Mayor and County City Clerk to execute an agreement for road Triangle maintenance services between the City of R -9119 Newport Beach and the County of Orange in connection with maintenance work on the County triangle island in the Newport Mesa tract. (A letter from Mr. Feezell, Manager of the Orange County Public Facilities Operations) 3. The following communications were referred as indicated: (a) To staff for reply, a letter from Ellen G. General Borchsenius regarding uncovered garbage cans Pollution on Balboa Island that attract flies, dogs and cats. (Copies mailed to Council) (b) To staff for reply, a letter from the Bicycle Signal Trails Citizens Advisory Committee recom- Trippers mending the installation of special signal for trippers for bicyclists on certain mechanized Bicyclists traffic signals. (Copies mailed to Council) (c) To staff for investigation, a letter from Highland Warren I. Henningsgard advising of two Street end encroachments on Highland Street end at the Encroach - canal. (Copies mailed to Council) ments (d) To staff for reply, a letter from Thomas V. Water Brooks asking for clarification of the numbers listed on his water bill under "water consumed." (Copies mailed to Council) i Volume 31 - Page 154 CITY OF NEWPORT BEACH COUNCILMEN MINUTES P �` v 00 4\ G p s ROLL CA LL \ \ June 13, 1977 (e) To Pending Legislation and Ethics Committee, SB 42 a resolution from the City of Brea 'expressing opposition to Senate Bill 42, the "Deter- minate Sentencing Act of 1976," as drafted, and urging immediate emergency amendments. (Copies mailed to Council) (f) To staff for reply, a petition from seven Pigeons citizens requesting a city ordinance to ban the raising of pigeons in residential areas. (Copies mailed to Council) (g) To staff for reply, a letter from Owen Minney Davis Cup regarding the Davis Cup matches that were Matches held in Newport Beach. (Copies mailed to Council) (h) To staff for reply, a letter from Winton Animal Ashton requesting animal control on the Control beaches between Bay and Edgewater and from Montero to Fernando on a regular basis every day of the week. (Copies mailed to Council) (i) To staff for reply, a letter from Dr. Harry Parking E. Reddick, Jr. regarding his parking pro- blems during the Western Collegiate Rowing Championships. (Copies mailed to Council) (j) To staff for reply, a letter to Mayor Dostal Dogs on from Mary Alice LeFebvre requesting dog Beaches owners be allowed to use the beach the same • hours during the summer season as the winter season and setting forth her reasons. (Copies mailed to Council) (k) To staff for reply, a letter from Mr. and Litter Mrs. S. P. Collester suggesting more time and effort be spent on the beach litter offenders and less on dogs that are temporarily off the leash while owners are cleaning up after them. (Copies mailed to Council) (1) To Planning Commission for inclusion in General General Plan consideration, a letter from Plan SPON concerning General Plan policies in relation to Circulation Element, Land Use Element and the projected growth of the city. (Copies mailed to Council) (m) To staff for reply, a letter from Mrs. Tree Elizabeth Horn protesting the spraying of Spraying trees with menisistox by the City because by everything in the area is sprayed and City requesting notification before spray crews arrive. (Copies mailed to Council) (n) To the Community Development Department for HUD review, a letter from the Department of Housing and Urban Development regarding Section 8 Housing Assistance Payments In- vitations to Governmental Entities or Public Bodies which are Authorized to Engage in or Assist in the Development or Operation of Low - Income Housing. (Copies mailed to Council) i Volume 31 - Page 155 M vo COUNCILMEN MINUTES CALL \ June 13, 1977 INDEX 4. The followinrz communications were referred to the City Clerk for filing and inclusion in the records: (a) Letters from Pfizer Laboratories Division and Ethicon, Inc. supporting the expansion of the Sheraton Hotel. (Copies mailed to Council) (b) A letter to Councilman Rogers from Dick Lewis regarding more stringent water conservation measures. (Copies mailed to Council) (c) A letter from Fern Pirkle regarding policy changes in connection with the removal of park and parkway trees. (Copies mailed to. Council) (d) A copy of a letter to Supervisor Ralph B. Clark from the Anaheim Chamber of Commerce regarding the costs of medical services to illegal aliens, and supporting a correction of the situation. (Copies mailed to Council) (e) A copy of a letter to NIWA from Shirley Knutsen, member of SPON, regarding some input into NIWA'a 208 plan. (Copies mailed to Council) (f) A copy of a letter to Supervisor Riley from the Irvine Terrace Community Association regarding the Orange County Airport noise level. (Copies mailed to Council) • (g) Letters from Sally Tyree, the Council on Aging of Laguna Beach, the Orange County Senior Citizens Program Office, and Perkie Jenks, Staff Member of RSVP, objecting to the combined use of the 5th and Marguerite property for school children and senior citizens. (Copies mailed to Council) (h) A copy of a letter to Mrs. Rita K. White from Congressman Robert Badham denying the allega- tion that he was instrumental in obtaining the lease for the Carden School in Corona del Mar. (Copies mailed to Council) (i) A letter from John B. Wasaall complimenting the City Council on their action in connection with the Senior Citizens Center and the Carden School lease. (Copies mailed to Council) (j) A letter from Mrs. Clara Bryant and friends objecting to Council's decision to share the property at 5th and Marguerite between the Senior Citizens and the Carden School children (Copies mailed to Council) (k) A letter from the Anaheim Senior Citizens Club Inc. urging support of a Senior Citizens Center in Newport Beach. (Copies mailed to Council) Volume 31 - Page 156 L � I I 'e COUNCILMEN MINUTES 'FO �i 9 �O ya. �(i\0 A t! ROLL CALL A June 13, 1977 1 NDEX (1) A- resolution from the City of San Dimas in support of Assembly Bill 965, and urging all other cities of the State of California, and the League of California Cities, to provide support necessary for the passage of this legislation. (Youth and Family Projects) (Copies mailed to Council) (m) A resolution from the City of Brea expressing its opposition to the proposed study for the Chino Hills Airport Site and urging all cities to withdraw from their support of said proposal and further urging support of Senate Concurrent Resolution No. 19 for a regional park in place of the proposed airport site. (n) An excerpt from the Minutes of the Board of Supervisors indicating that Newport Beach Resolution No. 9084, requesting the Board of Supervisors to return the draft EIR for Orange County Airport to the consultant for revision and subsequent recirculation, was received and ordered filed. (Copies mailed to Council) (o) A Notice before the Public Utilities Commis- sion of the Examiner's Ruling Setting Aside Submission and Reopening for Further Hearing the request of Southern California Gas Company to increase revenues to offset the higher costs. (p) A Notice before the Public Utilities Commis- sion of the application of Pacific Western Stage Lines, Inc. for a Certificate of Public Convenience and Necessity to operate a sightseeing tour service between points in Los Angeles and Orange Counties and certain points in the City of Newport Beach. (q) Agenda of the Board of Supervisors meetings of May 24, 25, and 31, June 1, 7 and 8. (r) A letter to the City Manager from Gerald A. McClaire commending the paramedic crew for their able assistance in an emergency call from his family. (Attached) (s) A letter to Mayor Dostal from the Department of Transportation advising of a resurfacing project along Newport Boulevard from Finley Avenue to just north of Mesa Drive in Costa Mesa. The work will be conducted at night and will start about the middle of July and take two months to complete. (Attached) (t) A letter to the City Attorney from the National Institute of Municipal Law Officers regarding the City's support of the con- stitutional challenge to federally mandated unemployment laws. (Attached) (u) A letter to the City Attorney from Senator Dennis E. Carpenter regarding legislation proposing binding arbitration for local safety employees. (Attached) i Volume 31 - Page 157 1111''! t° i �"{ Jil, COUNCILMEN L mo \ y � y s MINUTES June 13 1977 °o LROLL C�9 \ uuncv :ific rold (v) Letters to Mayor Dostal requesting a change in the hours that dogs may be allowed on the beaches during the summer months from Dr. and Mrs. John Alden Healy, Mrs. S. M. Collester and Mrs. C. A. Holt. (Copies mailed to Council) (w) A letter to Mayor Dostal from D. L. Hastie regarding a citation he received from an Animal Control Officer while his dog was off the leash. (Copies mailed to Council) (x) A copy of a letter to Max G. Dillman from Assemblyman Ronald Cordova responding to Mr. Dillman's letter regarding inadequate off - street parking facilities in Balboa. (Copies mailed to Council) (y) A letter from Robert Friberg regarding the incidents that took place at the Davis Cup matches and enclosing newspaper clippings regarding massacres in South Africa. (Copies mailed to Council) 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was confirmed: (a) Claim of Norman Patrick King for towing and Ring storage charges incurred when his car was towed away from in front of his residence at • 1037 Balboa Boulevard on May 16, 1977 by order of the Police Department, allegedly in error. (b) Claim of Jerry Figueroa for personal injuries Figueroa allegedly sustained when he stepped on a broken sidewalk in front of 3050 East Coast Highway in Corona del Mar on April 14, 1977 and broke his foot. (c) Claim of George C. Milliken for property Milliken damage to his car, allegedly sustained when his tire was punctured on May 20, 1977 by a spike used to hold down a City traffic counter hose at Industrial Way and Superior Avenue. (d) Claim of Henry Cord Meyer III for replacement Meyer of tools which were stolen from him while he was acting as Technical Director for the Newport Beach City Arts Festival held in Fashion Island on May 20 through 22, 1977, and for the repair of tools which were damaged while he was working in this capacity. (e) Claim of Margaret Jayne Hodgson for personal Hodgson injuries allegedly incurred when she tripped and fell while using the public streets, walkways and sidewalks in the area of 406 -1/2 Via Lido Nord on or about February 17, 1977. (f) Claim filed by Chubb /Pacific Indemnity Group Chubb Pac for their insured, David E. Griswold, for for Grisv Volume 31 - Page 155. :ific rold CITY OF NEWPORT BEACH COUNCILMEN ROLL CALL N June 13, 1977 MINUTES Ll1L0E X _ _ damages to his car, allegedly caused by an improperly fastened manhole cover at Bayside and E1 Paseo on March 19, 1977. (g) Claim of Joseph A. Deutsch for property Deutsch damage allegedly sustained at 225 Santa Ana Avenue on April 1, 1977 when the Water Department shut off the water to fix a leak in the line running behind his property on La Jolla Lane resulting in damage to a circulat- ing pump. (h) Claim of Del M. Reynolds for personal injuries Reynold sustained when he fell in front of 326 Montero Avenue, Balboa on March 21, 1977, allegedly due to an imperfection in the sidewalk at that location. M Claim of Elizabeth K. Richter for personal Richter injuries allegedly sustained when she fell at the alley on 32nd Street (opposite City Hall) on May 31, 1977. (j) Claim of Edward Cook for damage to his Cook surfboard, allegedly sustained when it was run over by a City lifeguard on May 28 on the Ocean Front beach at 32nd Street. (k) Claim of Mr. and Mrs. Stanley G. Mumford for Mumford damage to their property at 2001 -3 -5 Haven • Place on May 31, 1977 when a container with dirty oil was ground up while the City truck was loading garbage and the oil splattered all over the building and the walk, allegedly due to negligence on the part of the City. (1) Claim for personal damages of Peter Angus Gordon Gordon for false arrest, false imprisonment, etc., in connection with his arrests in March of 1977 in Santa Barbara and San Diego. The claimant alleges that the City of Newport Beach was a contributory factor in his erroneous arrests. 6. The following request to fill personnel vacancies was approved. (A report from the City Manager) (a) One Secretary in the Public Works Department to fill a position to be vacant. (b) One Library Clerk II in the Library Department to fill a position to be vacant. (c) One Police Clerk I in the Police Department to fill a position now vacant. (d) One Tree Trimmer I in the Parks, Beaches and Recreation Department to fill a position now vacant. (e) One Equipment Mechanic III in the General Services Department to fill a position now vacant. Volume 31 - Page 159 COUNCILMEN 9 00 �A �G\O Oc �!� �.P N\ Fy 'ty gs 9ai FTVf O�'b \Zs S � � ROLL -P CALL June L I MINUTES 13. 1977 rrn.T:61j (f) One Refuse Crewman in the General Services Department to fill a position now vacant. • (g) One Cement Finisher in the General Services Department to fill a position now vacant. 7. The following staff and commission reports were received and ordered filed: (a) A report from the City Manager, the Trans- Growth portation Plan Citizens Advisory Committee Element/ and the Environmental Quality Control Citizens General Advisory Committee regarding review of Plan potential impact of the undeveloped sites within the City on the City's support systems with the understanding that these reports will be resubmitted to Council for action with the Planning Commission report and recommendation. (Attached) (b) Removed from the Consent Calendar. (c) A_.report from the Public Works Director Balboa regarding interim structural repairs on the Island Balboa Island Bridge. (Attached) Bridge (d) A report from the City Arts Commission Arts regarding income and expenses of the 1977 Festival Arts Festival. (Attached) 8. The plans and specifications for the Construction Cliff of Phase One Improvements at Cliff Drive Park, Drive Park Contract No..1677, were approved; and the City Imprvments Clerk was authorized to advertise for bids to be opened at 2:30 P.M. on July 6, 1977. (A report from the Public Works Director) 9. The plans and specifications for Street Resurfacing Street - Newport Heights and Cliff Haven 1977 -78, Contract Resurfacing No. 1930,were approved; and the City Clerk was Npt Hgts/ authorized to advertise for bids to be opened at Cliff Haven 10:30 A.M. on June 28, 1977. (A report from the Public Works Director) 10. The following budget amendments were approved: BA -94, $195.00 increase in Budget Appropriations and increase in Revenue Estimates for purchase of library books with funds donated by the Tuesday Club, from Unappropriated Surplus and Donations and Contributions to Libraries, Special Depart- mental Expense, Library Fund. BA -95, $160.00 increase in Budget Appropriations and increase in Revenue Estimates for funds to go towards the City purchase award for the Arts Festival, donation from the Fish Market, from Unappropriated Surplus and Donations and Contribu- tions to Nondepartmental, Special Departmental Expense, General Fund. BA -96, $200.00 increase in Budget Appropriations and increase in Revenue Estimates for purchase of folding chairs for Community Youth Center with Volume 31 - Page 160 CITY Y OF GMEWPORT BEACH COUNCILMEN MINUTES .p ` ® OO C ` 1V_ AA ROLL CALL � A \ � June 13, 1977 funds donated by Tuesday Club, from Unappropriated Surplus and Donations and Contributions, Park and Recreation Fund. (Report from the Parks, Beaches • and Recreation Director) BA -97, $134,268.90 transfer of funds to provide for fiscal period 1976 -77 Federal Revenue Sharing Fund reimbursement for Capital Outlay items purchased by General Fund for Police ($49,933.12), Fire ($29,771.57), Marine ($40,810.00), and Public Works - Engineering ($13,754.21), from Federal Revenue Sharing Fund to General Fund., BA -98, $5,550.00 increase in Budget Appropriations and decrease in Unappropriated Surplus for Water Fund portion of work on Superior Avenue Improvements (Contract 1665), Water Fund. BA -99, $4,500.00 transfer of funds from Corporation Yard reserve for Corporation Yard improvement work included in Contract 1665, Superior Avenue Improvements, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the City Manager Carden regarding the use hermit for relocatable school School buildings in connection with the Carden School site. x The Planning Commission was requested to dispense #tion x x x x x with the public hearing in connection with the s x temporary Use Permit which will be required of Absent x the Carden School for use of relocatable school buildings. 2. A letter to Mayor Dostal from the Department of Resurfacing Transportation advising of a resurfacing project Newport Blvd along Newport Boulevard from Finley Avenue to just north of Mesa Drive in Costa Mesa, which will Motion x be conducted at night starting about the middle of Ayes x x x x July and taking two months to complete, was Noes x x referred to the City Clerk for filing and Absent x inclusion in the records. Councilman Ryckoff was excused from the meeting. 3. A report was presented from the City Attorney Animal regarding the keeping of wild birds and pigeons Control/ in residential districts. Fowl 0 -1742 Proposed Ordinance No. 1742, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 7.15 ENTITLED "FOWL" TO TITLE 7 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented. Mayor Dostal asked that the violation be changed from a "misdemeanor" to an "infraction." Motion x Ordinance No. 1742, as amended, was introduced and Ayes x x x passed to second reading on June 27, 1977. Noes xI x Absent x x Volume 31 - Page 161 ROLL COUNCILMEN i>p �� CALL \ 40 Motion Ayes Absent Motion Ayes Absent 9 MINUTES June 13. 1977 _INDEX Parking Prohibitions Sales & Use Tax Revenues ADDITIONAL BUSINESS: 1. A report was presented from the Traffic Affairs Committee regarding "No Parking in Alley" signs. x The installation of "No Parking" signs in all • x x x x ocean front alleys between 7th Street and 20th • x Street was approved. 2. The Mayor was authorized to write a letter putting x the City on record supporting 20% of the sales tax • x x x x being returned to the cities rather than the • x lower percentage now being returned. The meeting was adjourned at 12:45 A.M., June 14, 1977 in memory of Charles E. Hart. former Mayor of the City of Newport Beach. ,R Mayor Pro Tem ATTEST: City Cler ®A A II i Volume 31 - Page 162 _INDEX Parking Prohibitions Sales & Use Tax Revenues