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Home My WebLink About04/22/1974 - Regular MeetingROLL CALL Present • Motion Ayes Motion Ayes Motion Ayes ion s Motion Ayes • COUNCILMEN M Ix CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: April 22, 1974 c x x x Roll Call. . The reading of the Minutes of the Regular Meeting of April 8 and of the Adjourned Meeting of April 16, 197 was waived, and said Minutes were approved as writt c x x x and ordered filed. The reading in full of all ordinances and resolutions u c x x x consideration was waived, and the City Clerk was dir to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing in conn4 with the Spring, 1974 Weed Abatement Program, compliance with Resolution No. 8231. A report was presented from the City Manager. The hearing was closed after it was determined t C x x x no one desired to be heard. Resolution No. 8236, ordering the Fire Chief to weeds and other public nuisances existing upon sl x alleys, sidewalks, parkways and private propert,, c x x x within the City, was adopted. CONTINUED BUSINESS: 1. A report was presented from the Police Departm regarding animal impound procedures. A report from the Chief of Police to the City Mar regarding an increase in fees re impounding and boarding of animals was presented. A letter was received after the agenda was printe from Newton C. Beardwood commending Dr. Stoc operation. C Ordinance No. 1560 was removed from the table. K x x x The following people participated in a discussion, Robert L. Allen, Ellis Glazier, Annabelle Konwi and Jeannette Mayor. Volume 28 - Page 104 MINUTES I an nder acted action in hat ibate xeets, r ant .ager d kton' e ser INDEX Weed Abatement R -8236 Animal Impoundmt Fees COUNCILMEN CITY OF NEWPORT p �� O c' p p i m NA O ROLL CALL T v vN N < < m April 22, 1974 • Motion Aye s Motion Ayes 40ion Ayes Motion Ayes Motion Ayes • X Ordinance No. 1560, being, BEACH MINUTES 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 $2. 00 to $3. 00 for cats, birds, fowl and other animals, was adopted. 2. The request of the Newport Harbor American Legion Post No. 291 for a 25 -year extension of its present lease on City -owned property located at 15th Street and Newport Bay was considered. Don Donaldson, President of American Legion Post No. 291, addressed the Council and urged review of the matter by a Council committee and representatives of the Post. Mr. Donaldson was allowed 10 minutes for his pre- sentation. . The City Manager and Councilmen Barrett and Dostal were appointed as an American Legion Ad Hoc Lease Committee to meet with tep�esentatives of the New- port Harbor American Legion Post No. 291 and to report back to Council with recommendations. CURRENT BUSINESS: 1. A report was presented from the City Attorney regarding a proposed ordinance in connection with condominium conversions. The matter was referred to the Planning Commission for further study. 2. A report was presented from the Parks, Beaches and Recreation Commission regarding the proposed widening of Bayside Drive. The staff was directed to report back on May 13 with an alternate proposal for the improvement of Bayside Drive. 3. A letter was presented from Jeanette Turk, President of League of Women Voters, regarding a petition to limit campaign contributions and expenditures and requesting Council support. Volume 28 - Page 105 INDEX 0 -1560 American Legion Npt Harbor American Legion Post 291 Lease Cmte Condo- minium Conver- sions Bayside Dr Widening Campaign Contri- butions COUNCILMEN pn F� p3 n N �' 2. O 2 O a� O ROLL CALL o N N C �C CITY OF NEWPORT BEACH April 22. 1974 MINUTES INDEX it e A Lee 61 :ra ng 61 ide n .37 nontory M Valerie Morley, representing the League of Women • Voters of Orange County, addressed the Council and urged Council support of SB 1693. Robert L. Allen addressed the Council and urged retention of local control. The letter from the League of Women Voters was Motion x received and ordered filed with the understanding that Ayes x x x x x x x the City Attorney would keep the Council informed on the progress of SB 1693. 4. A letter from Dynamic Protection Services regarding Priv+ the fee for a private patrol service permit and re- Patr, questing to make a presentation to the Council was Sery presented. Motion x As a representative from Dynamic Protection Services Ayes x x x x x x x (lid not appear, subject letter was ordered filed. ;. I. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x x the actions on the Consent Calendar: • 1. The following ordinance was introduced and passed to second reading on May 13, 1974: Proposed Ordinance No. 1561, being, AN ORDINANCE Fort OF THE CITY OF NEWPORT BEACH AMENDING Telli SECTION 10. 18.020 OF THE NEWPORT BEACH 0 -15 MUNICIPAL CODE TO PROVIDE FOR THE EXEMP- TION OF STATE- LICENSED BUSINESSES OR PROFESSIONS FROM THE RESTRICTIONS IMPOSED BY SECTION 10.1$.010, ENTITLED "FORTUNE TELLING PROHIBITED. " (A report from the City Attorney was presented.) Z. Thu following resolutions were adopted: Resolution No. 8237 authorizing execution of an Bay: Amendment to Agreement between the City and the Stor Orange County Flood Control District to extend the Drai termination date of the cooperative financing agree- R -82 ment for the construction of the Bayside Storm Drain from Newport Bay to Fernleaf Avenue. (A report from the Public Works Director was presented.) Resolution No. 8238 authorizing execution of a Grant Prot • of Easement to the Southern California Edison Com- Bay pany in connection with the rerouting of services R -8i Volume 28 - Page 106 it e A Lee 61 :ra ng 61 ide n .37 nontory M COUNCILMEN \�\VZ O .� O ROLL CALL N N < < m CITY OF NEWPORT BEACH April 22, 1974 MINUTES a Smith requesting a trash bin somewhere near the Re point where Fernleaf runs into Ocean Boulevard at Corona del Mar. Referred to staff, letter from Patricia Brock regard- ' ing an incident which occurred on Beryl Lane in February. Referred to Planning Commission and Parks, Beaches Ge and Recreation Commission for review and recom- Pla mendation, resolution of the City of Chino concerning • the need for state tax relief to implement the con- servation and open space elements of general plans. Referred to Pending Legislation Committee, letter Ob addressed to the City Attorney from the City of Santa Ana enclosing a resolution requesting state legis- lation to enact changes in the present obscenity laws. 4. The following communications were referred to the City Clerk for filing and inclusion in the records: i Copy of a letter to Orange County Director of Aviation No from M.A.G. Consultants, Inc. regarding noise- Po abatement effectiveness of two - segment approach controlled by flight director of automatic pilot. Copy of letter to Honorable Carl Albert, Speaker of the House of Representatives, from United States Conference of Mayors in connection with the section of the Fair Labor Standards Act Amendments' Con- ference Report regarding public safety personnel. Letter to Mayor McInnis from Francis J. Williams, M. 1). protesting a dance held at the Pavilion on April 1.5. • Noticu of special meeting of intergovernmental Co- ordinating Council on April 24 to discuss adoption of a modified growth policy for the whole county. Volume 28 - Page 107 INDEX Arc tel operty sh ceptacle n eral n sc enity se llution required by the development of Tract No. 3867 (Promontory Bay); located at Harbor Island Drive and Promontory Bay Entrance Channel. (A report from the Public Works Director was presented. ) 3. The following communications were referred as indicated: Referred to staff for reply, a letter from Stella A Ar Shirar requesting information regarding the Arches M Mo Motel property in Newport Beach. P Pr Referred to staff for reply, letter from Mrs. Martha T Tr a tel operty sh ceptacle n eral n sc enity se llution COUNCILMEN P� P \Wiclro fi0 LL GALL o y N \Ir�\ CITY OF NEWPORT BEACH April 22. 1974 MINUTES INDEX any en- 73. s Com- ny for ;ing Pro - acreation .g Assembly ^ocedures .issal of ral law g its oppo- ns legis- California hat certain limited to :veloped Ise of their sing its oyer- held g Council 'ac ilitie s on Papers :t regarding in system ity Clerk's Claims irmed: attery of I Rosehill 19 in Orange Letter from Southern California Gas ComF • closing check for franchise payment for 1S Notice of application before Public Utilitie mission by Southern California Gas Compa authority to increase gas rates. Resolution of the City of Seal Beach endor position One, the $250 million parks and r bond issue on the June 4th statewide ballot Resolution of the City of Santa Ana opposir Constitutional Amendment 67 (regarding p for hiring, promotion, discipline and disrr policemen and firemen in charter and gene cities). Resolution of the City of Orange expressin sition to public employer - employee relatic lation and supporting Senate Bill 522. i Resolution of the City of Santa Ana urging Legislature to adopt legislation providing workmen's compensation benefits shall be retired public employees whose injuries d • and manifested themselves during the coo: employment. r Resolution of the City of Santa Ana expres opposition to certain proposed public emp] employee relations legislation. Agenda for Board of Supervisors meetings April 9, 10, 16 and 17, 1974. Letter from Orange County Health Plannir enclosing 1973 -74 Master Plan of Health 1 and Services for Orange County and Positi on Community Health Issues. Letter from Orange County Transit Distri methods of financing the total transportati plan. 5. The following claim was denied, and the C referral to the insurance carrier was conl Summons and Complaint for Assault and E David B. Roschill, M. D. , Case No. 2128' County Superior Court. • Volume 28 - Page 108 MINUTES INDEX any en- 73. s Com- ny for ;ing Pro - acreation .g Assembly ^ocedures .issal of ral law g its oppo- ns legis- California hat certain limited to :veloped Ise of their sing its oyer- held g Council 'ac ilitie s on Papers :t regarding in system ity Clerk's Claims irmed: attery of I Rosehill 19 in Orange ROLL CALL • Il E ILMEN CITY OF NEWPORT BEACH April 22, 1974 MINUTES 6. The following request to fill personnel vacancies was approved: (A report from the City Manager was pre- sented) One Accounting Clerk II in the Finance Department to fill a position to be vacant. One Police Officer in the Police Department to fill a position now vacant. One Laborer in the General Services Department to fill a position now vacant. One Senior Planner in the Community Development Department to fill a position to be vacant. One Secretary in the City Manager's office to fill a position now vacant. 7. The following matter was set for public hearing on May 13, 1974: Application of James P. Barrett, Jr. for Walrus Towing & Salvage Company, located at 1605 Westcliff Drive, for a Harbor Commercial Activities Permit to operate a towing and yacht service in the waters of Newport Harbor. 8. The work on Alley Improvements in Block 4, Newport Bay Tract, Contract No. 1588, was accepted, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented. ) 9. The public improvements constructed in conjunction with Tract 7838, located on the northeasterly side of Lido Park Drive, were accepted; and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public Works Director was pre- sented.) 10. The plans and specifications for Alley Paving in Block 9, East Newport, Contract No. 1622, were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 a, m. on May 20, 1974. (A report from the Public Works Director was presented.) Volume 28 - Page 109 INDEX Walrus Towing & Salvage Company Alley Paving Blk 4 Tract 7838 Alley Paving Blk 9 COUNCILMEN ph iL o 9 Or N.1 > 2 O A O 1 101.1 C A I. I N C �^ CITY OF NEWPORT BEACH Anril 22. 1974 MINUTES INDEX San Joaquin Hills Park Harbor Permits/ Dredging Boat Storage Tract 8638 11. The plans and specifications for San Joaquin Hills • Park, Phase II, Contract No. 1593, were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:00 a. m, on June 3, 1974. (A report from the Public Works Director was presented.) 12. The following maintenance dredging harbor permit applications were approved, subject to the conditions of approval under the blanket maintenance dredging permit issued by the U.S. Army Corps of Engineers: $110 -1112, Ken Volk, 1112 E. Balboa Boulevard; #110 -1208, Andy Kirk, 1208 E. Balboa Boulevard; #112 -507, Vallely Boat Rentals, 507 Edgewater Ave- nue. (A report from the Marine Safety Department was presented. ) 13. The following Budget Amendments were approved: BA -56, $31, 158 transfer of Budget Appropriations for operation of the City's Mini -bus system from Unap- propriated Contingency Reserve to General Services - Administrative, Overtime ($210), Special Depart- mental Expense ($30, 948). BA -57, $2, 474 increase in Budget Appropriations for additional funds for lighting of four tennis courts at • Corona del Mar High School, from Reserve for Tennis Courts, Park and Recreation Fund to Lighting of Corona del Mar High School Tennis Courts, Building Excise Tax Fund. (A report from the Parks, Beaches and Recreation Director was presented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letters from Arthur B. and Shirley A. Swanson and Dorothy T. Carlton protesting the use of the bay beach Motion x area between 18th and 19th Streets by the outrigger Ayes xxxxxxx groups were referred to staff for review and reply. 2. A report was presented from the Community Develop- ment Department regarding the Tentative Map of Tract 8638, establishing one lot where six lots now exist so as 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 West - cliff, zoned R -3. Motion x The Tentative Map of Tract 8638 was set for hearing X x x x x x on May 13, 1974, and the staff was directed to report on what effect the proposed condominium conversion ordinance would have on subject development. Volume 28 - Page 110 INDEX San Joaquin Hills Park Harbor Permits/ Dredging Boat Storage Tract 8638 ROLL CALL COUNCILMEN CITY OF NEWPORT BEACH April 22. 1974 MINUTES INDEX 3. Valerie Murley addressed the Council regarding the Gen Plan proposed General Plan Council Policy 'statement Council regarding adoption and amendments and requested Policy reduction of the 45- day time requirement for citizens' ruqucsts for amendments. Motion x Council Policy Q -1, "General Plan, " regarding Ayes x x x. x x x x adoption and amendments, was adopted. ADL)ITIONAL BUSINESS: 1. Councilman Barrett stated that he would be out of State from April 24 through May 6. Motion x The meeting was adjourned at 8:30 P. M. to 1:30 P. M. , Ayes x x x x x x x May 13, 1974 for the purpose of administering the oath of office to Councilwoman -elect Lucille Kuehn and for re- organization of the Council. • 0 IN, / Volume 28 - Page 111