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Home My WebLink About04/08/1974 - Regular MeetingCOUNCILMEN P� �` p0 ' 'P N \Vkt 3 3 C O a ROLL CALL T N s C CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: April 8, 1974 MINUTES Present x x x x x x Roll Call. &ent x Motion x The reading of the Minutes of the Regular Meeting of Ayes x x x x x March 25, 1974 was waived, and said Minutes were Abstain x approved as written and ordered filed. Absent x Motion x The reading in full of all ordinances and resolutions undex Ayes x x x x x x consideration was waived, and the City Clerk was directec Absent x to read by titles only. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1559, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 24.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A SPEED LIMIT ON WESTMINSTER AVENUE FROM OLD NEWPORT BOULEVARD TO 15TH STREET, establishing the limit at 30 mph, was presented for second reading. Motion x Ordinance No. 1559 was adopted. Ayes xxxxxx Absent x 2. Ordinance No. 1560, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.16. 050 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR AN INCREASE IN ANIMAL CONTROL IMPOUNDMENT FEES, increasing the fee from $5. 00 to $6.00 for dogs, and from $Z.00,to $3. 00 for cats, birds, fowl and other animals, was presented for second reading. Motion x Ordinance No. 1560 was tabled. Ayes xx xxx Noes x Absent x CONTINUED BUSINESS: 1. A report was presented from the City Attorney re- garding the City's ordinance pertaining to fortune telling. Volume 28 - Page 94 INDEX Speed Limit Animal Impoundmt Fees Fortune Telling COUNCILMEN 90 FL p0 \r_C\T\'r0 fp3 FZ ROLL CALL T v s CITY OF NEWPORT SEACH April 8. 1974 MINUTES INDEX A letter was presented from Mrs. Merian I. Ritchey urging Council to allow fortune telling and similar arts within the City. Boris Baranowski, representing Barney Marino, addressed the Council and stated he would take it to court if the City did not amend the ordinance. Motion x The request of Boris Baranowski to allow fortune Ayes xxxxxx telling in the City of Newport Beach was denied. Absent x 2. A letter was presented from Robert and Jane Mc Giffin Refund requesting a refund of their $200 filing fee for Request Planning Commission Amendment No. 428. A report was presented from the Community Develop- ment Department. Bob McStassey, representing Mrs. McGiffin, and Mrs. Jane Mc Giffin addressed the Council. Motion x The request for the refund of the filing fee was denied. Ayes xxxxxx Absent x 3. A report was presented from the City Hall Remodeling City Hall Committee regarding proposed City Hall site plan. Expansion The revised Master Plan for remodeling the City Hall Motion x facilities was approved in concept; the use of the Ayes xxxxxx multi - purpose room as the new computer room was Absent x approved; the staff was authorized to hire an architect to prepare a minimum of two schematic floor plans and elevations for a new Council Chamber to be built in front of the existing City Hall; and the staff was directed to continue to review the possibility of accelerating the schedule. 4. A report was presented from the Public Works Vacation/ Director regarding vacation of The Arcade right -of- The Arch; way as requested by Dussin Investment Co. Motion x The matter was tabled. Ayes xxxxxx Absent x CURRENT BUSINESS: • 1. Mrs. Alice Stotler, member of the Orange County Law Bar Association Law Day Committee, addressed Law Day the Council concerning Law Day. Volume 28 - Page 95 ROLL CALL tion s Absent Motion Ayes Absent Motion Ayes Absent u Motion Ayes, Absent Motion Ayes Absent COUNCILMEN CITY OF NEWPORT BEACH MINUTES m April 8, 1974 x The matter was referred to the Proclamation Com- x x mittee with a recommendation to issue a proclamation regarding Law Day. 0 2. A report was presented from the Public Works Director regarding the Irvine Avenue Median Land- scape Development, Contract No. 1599• The bid of $6, 757. 50 from Patterned Concrete was rejected; the informality in the proposal submitted by Flora Landscape, Inc. was waived; and Resolution No. 8230, awarding a contract to Flora Landscape, Inc. for the Irvine Avenue Median Landscape Develop- ment, Contract No. 1599, was adopted. 3. The appointment of members and alternates to the Bicycle Trails Citizens Advisory Committee was postponed to April 22. 4. A report was presented from the Community Develop- ment Department regarding the Final Map of Tract No. 8362, establishing one lot where two lots and a portion of a third lot now exist so as to permit the construction of a five -unit condominium development, located at 320 Via Lido Nord on the northerly side of Via Lido Nord, northerly of Via Eboli on Lido Isle, zoned R -3. Lynn Thompson, applicant, addressed the Council and stated that the recommended conditions were agree- able to him. The Final Map of Tract No. 8362 was approved, subject to the conditions recommended by the Planning Commission. , CONSENT CALENDAR: The following items were approved by one motion the actions on the Consent Calendar: 1. The following resolutions were adopted: Resolution No. 8231 declaring that weeds and other public nuisances exist upon streets, alleys, sidewalks; parkways, and private property within the city, declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider pro- tests from persons objecting to the proposed destruc- tion or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; setting the public hearing for April 22, 1974. Volume 28 - Page 96 INDEX Irvine Ave Median Landscape Dev R -8230 Bicycle Trails Adv Cmte Tract 8362 Weed Abatement R -8231 ROLL \J COUNCILMEN CITY OF NEWPORT BEACH MINUTES Resolution No. 8232 awarding a contract to Sully - Miller Contracting Company for the Corona del Mar Beach Parking Lot Improvements (west side), Con- tract No. 1610.. (A report from the Public Works Director was presented.) Resolution No. 8233 awarding a contract to Don R Hess Co. for Alley Improvements, Balboa Island 1973 -74, Contract No. 1604. (A report from the Public Works Director was presented.) Resolution No. 8234 authorizing execution of an agree ment between the City of Newport Beach and the City of Santa Ana to provide for participation in establish- ing an Orange County Consolidated Records System relative to Law Enforcement Centralized Records Storage and Retrieval System. (A report from the Police Chief to the City Manager was presented.) 2. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter to the Mayor from the Mayor of Gondar, Ethiopia thanking him for his letter of congratulations and for the copy of Newport Beach City Charter. Letter to the Mayor from Assemblyman Badham in response to the copy of a letter to Senator Carpenter advising that AB 2041 (which would provide an additional source of tax free incpme to local safety members at City expense) had passed the Assembly and was in Committee in the Senate. Letter from West Newport Beach Improvement Association stating that they are not opposing the renewal of the Lido Isle Association private beaches lease with the City. Report from Orange County League of California Cities regarding Institute for new Mayors and Council- men and miscellaneous legislation. Letter from State Department of Transportation regarding the disbursement of FAU system funds. Minutes of the Board of Supervisors meeting of March 19 indicating that the Final Environmental Impact Report for lease of County -owned property to Pacific Coast Manufacturing Company for "Newport Beach Golf Course ", situated between the southern end of Orange County Airport and northwest portion of Upper Newport Bay, was certified as complete and the Board is ready to consider implementation of mitigating measures proposed in the Report. Volume 28 - Page 97 INDEX CdM Bea -r' Prkg Lot Impr R -8232 BI Alley Impr R -8233 Police Centralize- Records R -8234 Lido Isle Comm Assoc ROLL CALL • • • MEN CITY OF NEWPORT BEACH ril 8, 197 MINUTES Resolution of the Board of Supervisors terminating the state of local emergency within the territorial limits of Orange County caused by the shortage of gasoline. Franchise statement of Southern California Gas Company for calendar year 1973. Franchise statement of Southern California Edison Company for the calendar year 1973. A letter from the State Controller regarding apportion- ment of trailer coach fees indicating the net amount to Orange County as $575, 972. 83. A letter from Mrs. Corinne Babb enclosing copy of her appeal before the Coastal Zone Conservation Commission regarding Newport Harbor maintenance dredging. Copy of letter from Mrs. Babb to Board of Super- visors regarding Newport Bay dredging. Agenda of Board of Supervisors meetings held March 26, 27, April 2 and 3, 1974. A letter from County Sanitation Districts regarding hearing on Environmental Impact Report for Improved Treatment at Plant No. 2 in Huntington Beach. Letter from Keith Burnham to the Mayor regarding parking for luggage pick up at Orange County Airport. 3. The following claims were, denied, and the City Clerk's referral to the insurance carrier was con- firmed: Claim of Joyce Lindemeyer in behalf of her daughter Lisa for a contact lens which Lisa had allegedly lost on March 3, 1974 in the police car which was escorting her to her parents' vehicle. Claim of Russ Keeley for damages incurred on February 26, 1974 when there was an alleged stoppage in the City sewer at 438 Dahlia. Claim of Jeffrie Gibson for personal injuries allegedly received in connection with his arrest on February 13, 1974. Volume 28 - Page 98 INDEX So Cal (In - Franchise So Cal Edison Franchise Npt Harbo Dredging Npt Harbo Dredging Claims Linde - meyer Keeley .Gibson ROLL • • • COUNCILMEN CITY OF NEWPORT BEACH L \WP \S\aV\-VA April 8, 1 MINUTES Claim of Keri Burton, a minor, for personal injuries received when she fell from her bicycle on Big Canyon Road on December 30, 1973, allegedly due to negligence on the part of the City. Summons and Complaint for Assault and Battery and Negligence of Gary Gilbert Cartter, Case No. 212048 in Orange County Superior Court. 4. The following request to fill personnel vacancies was approved: (A report from the City Manager was pre- sented) One Tree Trimmer I in the Parks, Beaches and Recreation Department to fill a position now vacant. One Police Officer in the Police Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. 5. The donation of a 36- passenger bus from the Explorer Post to the Police Department was accepted for trans- porting members to police sponsored Explorer Post activities, officers on mutual aid calls, group training programs, etc. (A report from the Police Chief to the City Manager was presented. ) 6. The expense account of Councilman Richard Croul for attendance at the League of California Cities Annual Conference in San Francisco on October 21 -24, 1973 was approved. 7. The payment of $324.47 to ,Aviation Systems, Inc. for personal services rendered to Councilman Dostal for assistance in preparing for and attending public hearing conducted by the California Department of Administration in response to City of Newport Beach's objections to granting of variance to Orange County Airport, was authorized. 8. The plans and specifications for Street Resurfacing of Ford Road and Bayside Drive 1973 -74, Contract 1614, were approved, and the City Clerk was authorized to advertise for bids to be opened on Tuesday, April 23, 1974 at 10:00 a. m. (A report from the Public Works Director was presented.) 9. The public improvements constructed in conjunction with Tract No. 7167, including portions of Vista Del Oro and Eastbluff Drive, were accepted; and the City Clerk was authorized to release the Faithful Perfor- Volume 28 - Page 99 INDEX Burton Cartte r Police Bus OrCo Airport Ford Rd & Bayside Dr Re surfar Tract 7167 COUNCILMEN \%\�N \r0% "a ROLL_ (,AI.I 9N N f CITY OF NEWPORT BEACH Ie'SS'is[iL•YL� MINUTES INDEX )om ing :. apr t ing r .ts e e mance Bonds and to release the Labor and Materials • Bonds in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 10. The work on the Plumbing Fixtures in.Beachfront Beach Public Restrooms, Contract No. 1468, was approved, Front and the City Clerk was authorized to file a Notice of Restr Completion and to release the bonds 35 days after the Pluml Notice of Completion has been filed. (A report from the Public Works Director was presented.) 11. The public improvements constructed on the westerly Avoca half of the portion of Avocado Avenue extending from Ave IL San Joaquin Hills Road to Farallon Drive in Newport Center were accepted. (A report from the Public Works Director was presented.) 12. The staff was authorized to retain an appraiser to Balbo determine the fair market value of the property at Blvd 3410 -20 Balboa Boulevard. (A report from the Public Widen Works Director was presented. ) 13. The following Harbor Permits were approved, subject Harbo to the prior approval of the U.S. Army Corps of Perm • Engineers and to the conditions recommended by staff: Application of Don Koll Company to revise Harbor Koll Permit No. 124 -3440 to allow the removal of 24 existing slips and construction of 14 new larger slips in connection with the Lido Village Marina. (A report from the Marine Safety Department was pre- sented.) Application of Orange Coast College District to revise Orang Harbor Permit No. 129 -1801 to allow the addition of Coast a 20' x 37' landing area to the existing facility and Colle% three slips. (A report from the Marine Safety Depart- Dist ment was presented.) 14. The following Budget Amendment was approved: BA -55, $16,500 transfer of Budget Appropriations for remodeling of the multi - purpose room for use as computer room ($15, 000) and preparation of sche- matic plans and elevations for new City Council Chambers ($1,500) from Unappropriated Contingency Reserve to Remodel City Hall Facilities, General Fund. Volume 28 - Page 100 )om ing :. apr t ing r .ts e e ROLL CALL • Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent • LJ COUNCILMEN CITY OF NEWPORT BEACH 93 1 ADDITIONAL BUSINESS: 1. A report was presented from the Public Works Department regarding the Jamboree Road bicycle trail in the vicinity of Sain Diego Creek. MINUTES The proposed plan for a bicycle trail on the west side of Jamboree Road in the vicinity of San Diego Creek was approved in principle, and the staff was autho- rized to submit the Plan to the Coastal Zone Com- mission and to apply for a Coastal Zone Permit. Z. The staff was directed to coordinate a contest, initiated by the Council, for the naming of the New- port Beach summer mini -bus line; with the closing date of the contest to be May 13, the Council to judge the entries and the winner to receive afree pass for the summer. The meeting was adjourned at 8:30 P.M. to April 16, 1974 at 5:00 P.M. for the purpose of receiving the City Clerk's Certificate of Canvass of the results of the General Muni- cipal Election, installation of the newly elected Council- men and election of the Mayor and Mayor Pro Tempers. f � "T 0 VA = Volume Z8 - Page 101 INDEX Bicycle Trail Mini-bus Name Contest