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HomeMy WebLinkAbout09/09/1974 - Regular MeetingROLL CALL Present A sent otion Ayes Absent Motion Ayes Absent 0 Motion Ayes Absent Motion Ayes Absent r1 COUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: September 9, 1974 Roll Call. The reading of the Minutes of the Regular Meeting of August 26, 1974 was waived, and said Minutes were approved as written and ordered filed. MINUTES The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing regarding the construction, costs and assessments of the alley improvements in Block 9, East Newport, in the City of Newport Beach (City block bounded by Balboa Boulevard, Ocean Front, 6th Street and 7th Street), accomplished under Chapter 27 of the Improvement Act of 1911. A report was presented from the Public Works Director. Dora M. Underwood made inquiries to the Council regarding the Improvement Act and the manner of spreading the assessments. The hearing was closed after it was determined that no one else desired to be heard. Resolution No. 8348, assessing the cost of con- structing alley improvements against certain real property pursuant to the provisions of Chapter 27 of the Improvement Act of 1911 (Block 9, East Newport), Contract No. 1622; allowing assessments to be paid in more than one installment and setting the annual interest rate, was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1582, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 1. 16.030 AND 1. 16.040 TO CHAPTER 1. 16 OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING DISPLAY AND USE OF CITY SEAL, prohibiting use of the Seal for any purpose other than for City purposes without consent of the City Council, was presented for second reading. Volume 28 - Page 221 INDEX Alley Paving Blk 9 City Seal ROLL CALL Motion e nt Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent • COUNCILMEN CITY OF NEWPORT BEACH x 1 x Ordinance No. 1582 was adopted. xxxx x CONTINUED BUSINESS: MINUTES 1. A resolution authorizing execution of an agreement between the City of Newport Beach and the Depart- ment of Transportation for leasing of certain State - owned lands formerly used by Hoag Hospital as a temporary automobile parking lot, was presented. Fran Orsini, owner of a restaurant in the 2200 block on West Ocean Front, addressed the Council and questioned the funding of the parking lot. The matter was postponed to September 30. CURRENT BUSINESS: 1. A report was presented from the Community Develop- ment Department regarding the Final Map of Tract 8638, establishing one lot with an area of 1.226 acres where six lots now exist to permit the conversion of six apartment buildings into a 36 unit condominium development, located at 1184 -1256 Rutland Road, on the east side between Mariners Drive and Bedford Lane in Westcliff, zoned R -3. The Final Map of Tract 8638 was approved, subject to the conditions recommended by the Planning Com- mission. 2. A report was presented from the Community Develop- ment Department regarding completion date of the General Plan. Resolution No. 8349, requesting the Council on Inter- governmental Relations to extend the time limit for completion of certain elements of the Newport Beach General Plan; extension of the Noise Element to December 20, 1974 and the Seismic Safety and Safety Element (including public safety) to March 20, 1975, was adopted. Volume 28 - Page 222 INDEX Pacific Coast Hwy City Prkg Lot Tract 8638 General Plan R -8349 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \?N \Tr \Z \12 \a�pm� Se tember 9, 1974 Ikl CONSENT CALENDAR.: l on x The following items were approved by one motion affirm - A} ees x x x x ing the actions on the Consent Calendar: Absent x x x 1. The following ordinance was introduced and passed to second reading on September 30, 1974: Proposed Ordinance No. 1583, AN ORDINANCE OF Pacii THE CITY OF NEWPORT BEACH ADDING SECTION Coasi 12. 12. 060 TO THE NEWPORT BEACH MUNICIPAL City CODE TO ESTABLISH A PARKING PERMIT SYSTEM Lot FOR THE PACIFIC COAST HIGHWAY CITY PARKING 0 -15 LOT, formerly Hoag Hospital temporary parking lot leased from the State. (A report from the City Manager was presented. 2. The following resolutions were adopted: Resolution No. 8350 declaring that weeds and other Weed public nuisances exist upon streets, alleys, sidewalks, Abatf parkways and private property within the City, R -83 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 hearing for September 30, 1974. Resolution No. 8351 authorizing the execution of an Big agreement with James M. Montgomery, Consulting Rese Engineers, Inc. for implementation of the groundwater R -83 monitoring program; for professional engineering services for Big Canyon Reservoir. , (A report from the Public Works Director was presented.) Resolution No. 8352 consenting to the assignment.to Bays Yagal, Sheila, and Sonenshine, as community property, El P: of the interest of William E. Blurock and Partners in Lice3 a license agreement for the use of certain property Agmf over which the City has an easement for water pumping R -83 plant and appurtenant purposes. (A report from the Public Works Director was presented.) Resolution No. 8353 authorizing the City Manager to Com] file an application with the County of Orange for the her purpose of acquiring funds under the provisions of the Emp] Comprehensive Employment and Training Act of 1973. & Tr (A report from the City Manager was presented.) Act _ • R -83 Volume 223 - Page 223 )EX is : Hwy Prkg 33 ement 50 ;anyon rvoir 51 Ae / Lseo Lee 52 )re- sive oymt lining 53 ROLL CALL • 0 COUNCILMEN CITY OF NEWPORT BEACH \➢� \Nsi _00\% September 9, 1974 3. The following communications were referred as indicated: Referred to staff for reply, letter from Mrs. Will B. Freely urging preservation of Upper.Newport I Referred to staff for reply, letter from Larry S. S in connection with his home being burglarized on June 11, 1974. Referred to staff for study and reply, letter from Holly Visel regarding her business license fee. Referred to Environmental Quality Control Citizer Advisory Committee, letter from State Solid Wast Management Board enclosing the Board's Recom- mended State Solid Waste Resource Recovery Pro gram for comment and announcing a public hearin the recommended program on September 27, 1974 Referred to Environmental Quality Control Citizer Advisory Committee, letter from State Solid Wast Management Board enclosing a "Report on Litter Management in California with Recommendations." soliciting written comments. Referred to Pending Legislation Committee for re and recommendation, letter from Moana Communi Association regarding a proposed ordinance in cor nection with the moving of large boats, on City stre Referred to Pending Legislation Committee, reso lution of Seal Beach requesting California Legislal to repeal and amend those sections of the Californ Government Code pertaining to the State Employee Retirement System for State Legislators who are i longer serving due to loss of election or apportion Referred to Pending Legislation Committee, lette: from Metropolitan Transportation Engineering Boy opposing the FHWA /UMTA draft guidelines for a "Short Range Transportation Improvement Progra and urging instead that FHWA /UMTA work with ea of the urbanized areas separately to develop a Sho Range Transportation Improvement Program proc that would be applicable to that urbanized area, enclosing a resolution to that effect and requesting the City to take similar action. Volume 28 - Page 224 MINUTES INDEX [am Upper iay. Npt Bay mith Mrs. s I Pollution e on s Pollution e and view Complaint ty ets. ure La io Trans - Lrd portation m" ch rt COUNCILMEN � o m Ao0 n} � ;Z�G9Ap �a ROLL CALL E L] L A CITY OF NEWPORT BEACH �pN *yt a+12 �Ai� September 9, 1974 4. The following communicatio City Clerk for filing and inc Letter from the Edward I. I their appreciation for the H, Letter from The Irvine Con Newport Center and copy of reply. Letter from Department of that $19, 941. 87 is being reE Newport Beach in accordan( between the City of Costa M port Beach whereby a portic apportionment of TOPICS fu to Newport Beach. Letter from M. A. Sturges the new bridge over the Upp Letter from Orange County Council to a "no- host" rece] pants in the Third Annual Ci of California Arts Councils, Disneyland Hotel, Septembe Resolution of Garden Grove Treatment Services Center County of Orange to provide Resolution of Westminster E county -wide 911 emergency Resolution of the Board of S Plan "B" of the Countywide System. Resolution of the Board of S establishment of the Orange System, to be administered Sheriff of Orange County. Resolution of the Board of S execution of a lease betweer Company for Bayshore Mari and authorizing an amendmc Clause 38 of General Condit the lease upon notification t] approved by the California ( Commission (South Coast Ri Volume 28 - Pal MINUTES ns were referred to the lusion in the records: Ailler family expressing arbor Hopper. Lpany regarding streets in Public Works Director's transportation advising .pportioned to the City of e with an agreement esa and the City of New- ,n of Costa Mesa's nds is to be reapportioned regarding the height of er Bay. Arts Alliance inviting )tion for all the partici- )nference of the Alliance Inc. to be held at the r 27 through 29, 1974. endorsing the Assessment and encouraging the the necessary funding. ndorsing the concept of a telephone system. upervisors approving 911 Emergency Telephone upervisors approving the County Criminal Activities and maintained by the upervisors authorizing the, County and The Irvine na in Lower Newport Bay, nt to the lease deleting Lons (Inside Slips) from iat said deletion has been ,oastal Cone Conservation :gional Commission). ;e 225 INDEX Harbor Hopper Complaint TOPICS Bayshore Marina MINUTES ns were referred to the lusion in the records: Ailler family expressing arbor Hopper. Lpany regarding streets in Public Works Director's transportation advising .pportioned to the City of e with an agreement esa and the City of New- ,n of Costa Mesa's nds is to be reapportioned regarding the height of er Bay. Arts Alliance inviting )tion for all the partici- )nference of the Alliance Inc. to be held at the r 27 through 29, 1974. endorsing the Assessment and encouraging the the necessary funding. ndorsing the concept of a telephone system. upervisors approving 911 Emergency Telephone upervisors approving the County Criminal Activities and maintained by the upervisors authorizing the, County and The Irvine na in Lower Newport Bay, nt to the lease deleting Lons (Inside Slips) from iat said deletion has been ,oastal Cone Conservation :gional Commission). ;e 225 INDEX Harbor Hopper Complaint TOPICS Bayshore Marina ROLL CALL • • El COUNCILMEN 5 CITY OF NEWPORT her 9, 1974 BEACH MINUTES Memorandum from Friends of the River urging endorsement of Proposition 17, The River Initiative. Notice of Filing of Application before the Public Utilities Commission of Southern California Gas Company for rate increase. Agenda of Board of Supervisors meetings held August 27, 28, September 3 and 4, 1974. Letter to Mayor McInnis from J. Goss protesting expenditures for public works projects. Letter from.Elvina M. Rachford protesting the increasing noise from jet aircraft flying over their home, especially in the evening hours. INDEX The following claims were denied, and the City Clerk' Claims referral to the insurance carrier was confirmed: Claim of Marsha Benavidez for personal injuries received when the boat on which she was a passenger went aground outside the entrance to Newport Harbor on May 26, 1974, alleging unspecified negligence on the part of the City. Claim of Allen Hammond for personal injuries received when he slipped and fell on July 20, 1974 on the sidewalk outside the El Rancho Market at 900 D San Joaquin Hills Road, Newport Beach, allegedly due to the negligent failure of the C }ty to keep the walk free of debris. Summons and Complaint for Damages for False Imprisonment, Assault and Battery of Robert Stice, Case No. 217529 in Orange County Superior Court. Claim of Elaine Long alleging harassment by the Police Department from May, 1971 to August 16, 197 Application for the Presentation of a Late Claim of Stephen M. Marchese for false arrest and false imprisonment in connection with an incident which apparently occurred in 1973. 6. The following request to fill a personnel vacancy was approved: (A report from the City Manager was pres.ented.) One Library Clerk II in the Library Department to fill a position to be vacant. Volume 28 - Page 226 Benavidez Hammond Stic e Marchese COUNCILMEN \0001\010 � \14kvlto MINUTES ROLL CALL N s v� N=Z a9F September 9, 1974 IN 7. The following Commission report was received and ordered filed: Report from City Arts Commission stating that the City officers of the Arts Commission for 1974 -75 are Com Ladislaw Reday as Chairman and John Gettle as Vice - Chairman and Treasurer. 8. The plans and specifications for Ford Road Widening Ford from Jamboree to MacArthur, Contract No. 1600, Wide were approved; and the City Clerk was authorized to advertise for bids to be opened on October 1, 1974 at 10:30 A. M. (A report from the Public Works Di- rector was presented.) 9. The purchase of Police Department office desks in Poli c lieu of budgeted carpeting for the Jamboree Road Subs Police Facility was approved. (A report from the Faci City Manager was presented.) 10. The City Clerk was instructed to forward copies of ICC resolutions, when adopted by the City Council, to the Rea Intergovernmental Coordinating Council of Orange Sery County when they have a county, state or national significance. 11. The following Budget Amendments were approved: BA -9, $765 transfer of Budget Appropriations for purchase, of an additional 95 frames for Acme Visible Indexing Stand from Unappropriated Contingency Reserve to City Clerk, Office Equipment, General Fund. (A report from the City Clerk was presented.) BA -11, $100,000 transfer of Unappropriated Surplus for Reserve of Funds for Future Corporation Yard, General Fund. (A report from the City Manager regarding BA -10 through BA -15 was presented.) BA -12, $236, 680 increase in Budget Appropriations and decrease in Unappropriated Surplus for Annual . Streets & Alley Program ($100, 000); Refuse, Rolling Equipment ($43,030); Police, Rolling Equipment ($39, 000); City Attorney, Services, Prof., Tech. ($50, 000); Police, Equipment N. 0. C. ($4, 000); Traffic and Parking, Equipment N. O. C. ($650), General Fund. BA -13, $10, 000 increase in Budget Appropriations and decrease in Unappropriated Surplus, for purchase of two 21-ton trucks with hoists, Rolling Equipment, • Parks and Recreation Fund. Volume 28 - Page 227 Arts sn Rd ning e tation lity olution ice ROLL CALL Motion Ayes Absent NCILMEN CITY OF NEWPORT BEACH x x x Motion I I I x S X x x x nt ix Ix Motion Ayes Absent Motion Ayes Absent • September 9, 1974 MINUTES BA -14, $2, 000 increase of Budget Appropriation and decrease in Unappropriated Surplus for purchase of additional books and periodicals, Special Depart- mental Expense, Library Fund. BA -15, $50, 000 increase in Budget Appropriations and decrease in Unappropriated Surplus transfer from General Fund for Construction of Pistol Range at Jamboree Road Police Facility, Capital Improve - m6nt Fund. ITEMS REMOVED FROM CONSENT CALENDAR: 1. A letter from the Citizens' Environmental Quality Control Advisory Committee regarding newspaper recycling program revenues was referred to the Budget Committee for recommendation and report back. 2. Budget Amendment No. BA-10, $436, 000 increase in Budget Appropriations and Revenue Estimates and decrease in Unappropriated Surplus ($236,000), for County's contribution and City's share of Cliff Drive Church Site Acquisition ($200, 000 Donations and Contributions), Building Excise Tax Fund, was approved. ADDITIONAL BUSINESS: 1. Councilman Kuehn's appointment of Irving Burg to replace Stewart Woodard on the Environmental xi Quality Control Citizens Advisory Committee was Ixl confirmed. Mayor McInnis stated that the regular meeting of September 23 will not be held due to lack of a'quorum, and the second Council meeting of the month will be held September 30, 1974. I The meeting was adjourned at 8:07 P.M. `i . / — a NM ATTEST: City C erk Volume 28 - Page 228 INDEX Newspaper Salvage BA -10 Environ- mental Quality Control Cmte.