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HomeMy WebLinkAbout09/22/1975 - Regular MeetingROLL 1 E E 2 E I COUNCILMEN 'g\ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES CALL Nsv� � z p Z �F Date September 22 1975 INDF P > 'resent x x x X Roll Call. ent x x 0 tion Approval of the Minutes of the Regular Meeting of Sep - .yes x x y tember 8, 1975 was postponed to October 14, 1975. .bsent x x lotion The reading in full of all ordinances and resolutions under ,yes x x 31 consideration was waived, and the City Clerk was directed ,bsent x x to read by titles only. HEARINGS: 1. Mayor Pro Tem Dostal opened the public hearing in Weed connection with the Fall 1975 -76 Weed Abatement Abatem, Program, in compliance with Resolution No. 8595, to consider objections and protests, if any, to the proposed abatement of weeds and other public nuisances. lotion K The hearing was closed after it was determined that no kyes x x x one desired to be heard. Absent x x Resolution No. 8597, ordering the Fire Chief to abate R -8597 lotion weeds and other public nuisances existing upon streets, kyes x x x alleys, sidewalks, parkways and private property kbsent x x within the City, was adopted. CONTINUED BUSINESS: 1. Ordinance No. 1642, being, Redist ing AN ORDINANCE OF THE CITY OF NEWPORT BEACH CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILMANIC DISTRICTS OF THE CITY, !lotion I x was introduced, as amended by Alternate "C,' and Ayes C x x x passed to second reading on October 14, 1975. Absent X x 2. A report was presented from the Parks, Beaches and Greent Recreation Director regarding plant material for the Plan Santa Ana River /Santiago Creek Greenbelt program and stating that the West Newport Park project would qualify for Greenbelt landscaping. The Anaheim Ikettes offer of support for the Greenbelt Motion x Program was accepted; and the staff was directed to Ayes x x x cooperate with the Ikettes in order to make the Absent x x program a success by utilizing the shrubs and trees provided free of charge by the Ikettes. CURRENT BUSINESS: 1. A letter from Gerard Van Hoven was presented advising Bicyc. that he is resigning from the Bicycle Trails Citizens Trail: Advisory Committee, effective August 31, due to his Citiz 10 -month sabbatical leave. Adv Ci Motion x Councilman Kuehn made a motion to accept Gerard Van Hoven's resignation with regret and to postpone (District 7) Councilman Store's appointment to fill the vacancy to October 14. Volume 29 - Page 205 :x ant rict- elt .e ans ate COUNCILMEN \k\t§\rSN\\kAVN Rr)I I r.AI I CITY OF NEWPORT BEACH September 22, 1975 MINUTES INDEX if V �s e oat M of s ity 1 per Councilman Rogers asked that the motion be amended to include sending a letter of appreciation to Mr. Van • Hoven, which amendment was accepted by the maker of the motion. Ayes x x x A vote was taken on Councilman Kuehn's amended motion, Absent x x X which motion carried. 2. A letter from Faith Vogel was presented submitting her Board resignation from the Board of Library Trustees. Librar Truste Motion x Faith Vogel's resignation was accepted with regret; it Ayes x x x was directed that a Certificate of Appreciation be Absent x x Ic sent to her; and the appointment to fill the vacancy was postponed to October 14. CONSENT CALENDAR: Motion K The following items were approved by one motion affirming Ayes x x x the actions on the Consent Calendar: Absent x x 1. The following resolutions were adopted: (a) Resolution No. 8598 awarding a contract to Bicycl Certified General Engineering Contractors, Inc. Trails in connection with a Coast Highway Bicycle Trail R -8598 from Jamboree Road to Avocado Avenue, Contract No. 1755. (Report from the Public Works Director) • (b) Resolution No. 8599 awarding a contract for the 1975 -7 1975 -76 Seal Coat Program, Phase I, to Chamber- Seal C Mix Concrete, Inc., Contract No. 1749. (Report Progra from the Public Works Director) R -8599 (c) Resolution No. 8600 adopting a supplemental Select report and map recommending proposed additions Systeu and deletions to the select system of City Street streets and requesting that said report and map R -860C be approved by the California Department of Transportation (CALTRANS). (Report from the Public Works Director) (d) Resolution No. 8601 expressing support for SB 886 Obscer (Carpenter) relating to harmful and obscene R -8601 matter. (Exhibit) (e) Resolution No. 8602 reaffirming various standing Counci and ad hoc City Council Committees; establishing Cmtes and /or deleting standing and ad hoc committees; R -860', and repealing Resolution No. 8502; to add the ad hoc Special Census Committee which was approved on September 8. 2. The following communications were referred as in- dicated: (a) To staff for study and report back, letter from Newsp: • Balboa Island Improvement Association requesting Racks legislation to control the appearance and /or the removal of newspaper racks on Balboa Island. (Exhibit) Volume 29 - Page 206 if V �s e oat M of s ity 1 per COUNCILMEN \A040\1C11-� �41\t- CITY OF NEWPORT BEACH MINUTES ROLL CALL v� 12maOpio September 22, 1975 INDE (b) To Planning Commission for inclusion in on -going Delaney study, letter from Moana Community Association Cannery • regarding parking on 28th Street in connection Village with Delaney's Cannery Village. (Exhibit) (c) To staff for reply, letter from California Upper Regional Water Quality Control Board -Santa Ana Npt Ba} Region regarding proposed water quality planning study of Upper Newport Bay with attached letter from NIWA regarding a similar study. (Exhibit) (d) To staff, letter from Mrs. William R. LeVecke Comment expressing appreciation for the excellent skill tion and attention received when the City Fire Depart- ment was called in connection with a heart attack in the family. (Exhibit) (e) To staff, letter from County Sanitation Districts Sanitat notifying of ordinances establishing regulations Distri< for use of District Sewerage facilities to be considered at a meeting on October 29 and adopted on November 12, and enclosing a copy of Ordinance No. 508 pertaining to Sanitation District No. 5. (Exhibit) (f) To Traffic Affairs Committee for inclusion in on- Transpc going study, letter from Corona del Mar Chamber tatic of Commerce updating their position on those Plan portions of the Newport Beach Transportation • Study affecting the Corona del Mar area. ( Exhitit) 3. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter from the Mayor of San Clemente recom- mending Councilman Holmes of that City for the position of President of the Orange County Division, League of California Cities and a copy of a letter from Councilman Holmes asking for the Council's vote. (b) Letter from Orange County Division, League of California Cities asking for names to be sub- mitted at the meeting on September 11 in con- nection with an Air Quality Maintenance Plan process for the South Coast Air Basin. (c) Letter from State Department of Transportation Pac Co giving notice that the Highway Commission ex- Freewa petted to consider the recommendation to rescind the freeway route adoption on Route 1, in Orange County between Route 5 and Route 605, at their meeting on September 18 and 19. (Exhibit) (d) Letter addressed to the Mayor from Collins Radio commending the outstanding work of the Fire • Department in diminishing their water damage losses in connection with a broken water line at their facility on August 9, 1975. (Exhibit) Volume 29 - Page 207 :X 's A- :ion ;ts )r- in ast COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL �N , 9C 912 aAIN September 22, 1975 (e) Letter addressed to the Mayor from Newpc • Resources, Inc. stating that they will I the City with the results of their stud, energy shortages. (Exhibit) (f) Removed from Consent Calendar. (g) Letter addressed to the City Manager frc Carpenter acknowledging receipt of corrc opposing A.B. 700, voicing his oppositic Bill and assuring that he will continue for its defeat. (Exhibit) (h) Letter addressed to the City Clerk from California Cities acknowledging receipt Council's resolution supporting HR 7666 the earnings limitation under Social Sec Act, stating that the matter has been d: in some detail by the League's Committei Municipal Government and Administration stating that they will advise as to the meeting of the Committee when it will al up this issue. (Exhibit) (i) Letter from Friends of Newport Bay attar portion of the original draft of "Prelh Notes and Recommendations for the Rehab, of Upper Newport Bay, California," by D Hedgpeth, Oregon State University. (Exl • (j) Copies of letters to the Parks, Beaches Recreation Commission from the Central Beach Community Association regarding 1 pier and bowling green area. (Exhibit) (k) Resolution of the City of Seal Beach at opposing proposed joint use of Naval Ai Los Alamitos, for civil and military av (1) Notice of resetting a hearing before th Utilities Commission on the application Pacific Telephone and Telegraph Company revised tariff for private branch excha vice. (m) Agenda of Board of Supervisors meetings September 10, 11, 16 and 17, 1975. (n) Postal card from Bonnie J. Karleen prot freeway construction along the 5th Aven dor. (Exhibit) (o) Letter from the Intergovernmental Coord Council listing resolutions received si August 15, 1975. (Exhibit) (p) Letter from Planning Commissioner Willi • Tiernan returning his allowance check f cipating on the Commission and disclaim interest in fees, allowances or other r while a member of the Commission. (Exb Volume 29 - Page 208 MINUTES rt Energy rovide on m Senator spondence n to the to work League of of increasin rarity scussed on and next ;ain take :king a iinary .litation -. Joel W. cibit) and lewport ith Street -ongly - Station, Cation. Public of for a ige ser- held esting any ie corri- inating :ice 3m J. ar parti- ing any emunerati ibit) INDEX Planning Commission ROLL CALL ' NCILMEN CITY OF NEWPORT BEACH 22, 1975 MINUTES INDEX Claims Venderley UF=ki Pending T.egi sl ati nn General Plan/ 5th Ave Corridor NOISE Jamboree Road Widening (q) Copies of letters from the Association of Santa Ana Heights to State Department of Transportation • and to the Environmental Protection Agency with copy of a reply from the Department of Trans- portation_regarding airport noise policy (Exhibit) (r) Excerpt from the Minutes of the September 2 meeting of the City Council of the City of Santa Ana reflecting their opposition to the League of California Cities proposal for 10i increase in State income tax. (Exhibit) 4. The following claims were denied and the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Jack E. Venderley for loss of wages for court time and for personal and family hardships arising thereto in connection with Citation No. 46464 issued to him on July 19, 1975 by the Newport Beach Police Department. (b) Claim of Bernard Mason, M.D. alleging false arrest and personal injuries in connection with his arrest on June 28, 1975 in the vicinity of the 1200 block, West Coast Highway, Newport Beach. 5. The following request to fill a personnel vacancy was • approved: (Report from the City Manager.) (a) One Refuse Crewman in the General Services Department to fill a position now vacant. 6. The following staff and Legislative Advocate reports were received and ordered filed: (a) Letter from Bud Porter, City's Legislative Advocate, regarding proposed Assembly and Senate Bills. (Exhibit) (b) Report from the Community Development Department regarding the Planning Commission's decision not to take any action on proposed General Plan Amendment No. 24, which would amend the Circu- lation Element as it pertains to the Fifth Avenue Corridor in Corona del Mar. (Exhibit) (c) Copy of Mayor Pro Tem Dostal's presentation before the F.A.A. hearing on September 16, 1975 regarding the City's position on the proposed National Airport Noise Policy. 7. The staff was authorized to obtain a proposal from an environmental consulting firm to prepare an Environ- mental Impact Statement for the widening of Jamboree • Road from Eastbluff Drive /Ford Road to Bristol Street, including widening of the bridge. (Report from the Public Works Director) Volume 29 - Page 209 INDEX Claims Venderley UF=ki Pending T.egi sl ati nn General Plan/ 5th Ave Corridor NOISE Jamboree Road Widening COUNCILMEN 4 \$o Z,Co_o CITY OF NEWPORT BEACH MINUTES ROLL CALL p� s9� iP12 aAta September 22, 1975 INI 8. The following Harbor Permit was approved, subject to Harbo the approval of the U. S. Army Corps of Engineers: Permi . Harbor Permit Application 11111 -1008 of Donald Cox to revise an existing finger float at 1008 E. Balboa Boulevard. (Report from the Marine Department) 9. The following maintenance dredging harbor permit Harbo applications were approved, subject to the conditions Permi of approval under the blanket maintenance dredging permits issued by the U. S. Army Corps of Engineers; 11153 -213, James Paddin, 213 E. Bayfront, Balboa Island; and 11113 -301, Nelson Robinson, 301 Edgewater Avenue. (Report from the Marine Department) 10. The expense account for Mayor Pro Tem Dostal's attendance at the Airport Land Use Commission Legis- lative Revision Project with Cal -Trans in Sacramento on September -10, 1975 was approved. 11. The following Budget Amendments were approved; (a) Report from the Finance Director to the City Manager regarding suggested Inter -Fund Transfers at June 30, 1975: (Exhibit) BA -79, $2,677.50 increase in Fund Balance; return to Fund Balance the 1974 -75 requirement of $94,697.50 and set up the 1975 -76 requirement of $92,020.00, Water Fund - closing entry. • BA -80, $100,000.00 decrease in Fund Balance; transfer to Reserve for future water sources, Water Fund - closing entry. BA -81, $41,719.78 decrease in Fund Balance; transfer to Reserve for Off- Street Parking, Parking Meter Fund - closing entry. BA -82, $6,000.00 decrease in Fund Balance; transfer from General Fund to Reserve for Future Water Sources for partial payment of Advance - Closing entry. BA -83, $2,230.01 increase in Fund Balance; transfer from Tennis Court Construction to General Fund to cover color coating of Corona del Mar High School Tennis Courts - closing entry. BA -84, $17,511.45 decrease in Fund Balance; transfer to Reserves for Surfboard Acquisition, Swimming Pool Reimbursement, and Tennis Court Construction, Park and Recreation Fund - closing entry. BA -85, $667.66 decrease in Fund Balance; increase in Budget Appropriations and decrease in Revenue • Estimates, Marinapark Fund - closing entry. BA -86, $202,983.49 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Water Fund - closing entry. Volume 29 - Page 210 7EX ROLL \J • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES September 22, 1975 BA -87, $55,296.45 decrease in Fund Balance; decrease in Revenue Estimates, Water System Development Fund - closing entry. BA -88, $2.50 increase in Fund Balance, decrease in Budget Appropriations, Water Bond I &R Fund - closing entry. BA -89, $18,599.27 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Building Excise Tax Fund - closing entry. BA -90, $68,854.69 increase in Fund Balance, decrease in Budget Appropriations, and decrease in Revenue Estimates, Capital Improvement Fund - closing entry. BA -91, $546.34 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Contributions Fund - closing entry. BA -92, $12,103.65 decrease in Fund Balance; decrease in Revenue Estimates, Tide & Submerged Lands Fund - closing entry. BA -93, $523.77 decrease in Fund Balance; decrease in Revenue Estimates, Parking Meter Fund - closing entry. BA -94, $26.87 increase in Fund Balance; increase in Revenue Estimates, Traffic Safety Fund - closing entry. BA -95, $83,504.77 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, Arterial Highway Financing Fund - closing entry. BA -96, $113,093.92 increase in Fund Balance; decrease in Budget Appropriations, and increase in Revenue Estimates, State Gas Tax Fund (Sec. 2106) - closing entry. BA -97, $104,460.67 increase in Fund Balance; decrease in Budget Appropriations, and increase in Revenue Estimates, State Gas Tax Fund (Sec. 2107) - closing entry. BA -98, $8,576.32 decrease in Fund Balance; decrease in Revenue Estimates, Federal Revenue Sharing Fund - closing entry. BA -99, $10,776.47 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Retirement Fund - closing entry. BA -100, $2,946.95 decrease in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Library Fund - closing entry. Volume 29 - Page 211 INDEX COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL PN T9� NyZ a�F September 22, 1975 IP BA -101, $6,058.52 decrease in Fund Balance; increase in Budget Appropriations and increase • in Revenue Estimates, Park and Recreation Fund - closing entry. BA -102, $141,649.62 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, General Fund - closing entry. BA -103, $250,323.68 transfer of Unappropriated Surplus from Federal Revenue Sharing Fund to General Fund as partial payment toward Jamboree Police Facility construction loan of $266,574.85 - closing entry. BA -104, $22,050.00 increase in Fund Balance; return to Unappropriated Surplus prior year's encumbrances amount cancelled due to no con- tractual agreement for plans and environmental impact study covering University Drive, Con- tributions Fund - closing entry. i (b) 1975 -76 Budget Amendments: BA -15, $200,000 transfer and a decrease in Unappropriated Surplus to provide for reserve funds for the Corporation Yard, General Fund. BA -16, $64,295 transfer and a decrease in • Unappropriated Surplus to provide for a reserve of 10% of General Fund budget for Stabilization Fund in accordance with Council Policy, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion 1. A letter addressed to the Mayor from the Orange Yout County Probation Department stating approval of the Advi Motion x City's efforts to provide solutions to the problems Cot® Ayes K x x x affecting young people and offering assistance, was Absent x 2C referred to the Youth Advisory Committee. ADDITIONAL BUSINESS: Motion x 1. The City Attorney was authorized to associate with Cla: Ayes K x x x the insurance company counsel to petition the Cali- Buct Absent x x N fornia Supreme Court to review the Appellate decision in Donald Raymond Buchanan v. City of Newport Beach. Motion x 2. Resolution No. 8603, congratulating the University of UCI Ayes K x x x California at Irvine on the 10th Anniversary of the R -81 Absent x x University's foundation, was adopted. Motion x 3. Mayor Pro Tem Dostal made a motion to refer a letter Soul from the Orange County Environmental Management OrC1 Agency regarding the Southeast Orange County Circu- Ciri • lation Study (SEOCCS) to the TICMAP Committee and to Stw direct the Committee, as the City's representatives, to attend the September -26 meeting to initiate dis- cussion of a coordinated review process. Volume 29 - Page 212 JDEX .sory tittee Lm/ tanan iO3 :beast ly silati= ROLL C A • Aye Abe Mot Aye Abs i Mot Aye Abs • u COUNCILMEN CITY OF NEWPORT BEACH MINUTES LL N N s y( u u =2 aAF S September 22, 1975 Councilman Rogers asked that the motion be amended tc appoint him as an alternate in the event that Council man Store did not return in time for the meeting, which amendment was accepted by the maker of the motion. it INDEX City Hall Expansion Pac Coast Freeway