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Home My WebLink About05/24/1976 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES �REGULAR COUNCIL MEETING ir-07\11 ?• o Place: Council Chambers ROLL CALL Present Ab s B Mot* Ayes Absent Motion Ayes Absent Motion Ayes Absent Motion Ay Ab, _ Motion Ayes Absent MoOn Ayes Absent Volume 30 - Page 116 m a r N % � Date: May 24, 1976 INDEX x x xx x x Roll Call. x The reading of the Minutes of the Regular Meeting of x x XK x x May 10, 1976 were approved as written and ordered filed. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was X x x x x x directed to read by titles only. HEARINGS: 1. Mayor Rogers opened the public hearing in connection with Ordinance No. 1669, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Community AMENDING SECTION 19.12.010 OF THE NEWPORT Dev Dep BEACH MUNICIPAL CODE TO INCREASE THE FEE Procedures FOR FILING TENTATIVE MAP OF PROPOSED 0 -1669 SUBDIVISION. The hearing was closed after it was determined that x no one desired to be heard. x x x x x x x Ordinance No. 1669 was adopted. x x x x x x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1670, being, Residential Building AN ORDINANCE OF THE CITY OF NEWPORT BEACH Records AMENDING SECTION 15.35.040 OF THE NEWPORT 0 -1670 BEACH MUNICIPAL CODE TO INCREASE FEE CHARGED FOR REPORT OF RESIDENTIAL BUILDING RECORDS, was presented for second reading. x Ordinance No. 1670 was adopted. • XK K x x 2. Ordinance No. 1671, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Subdivision AMENDING SECTION 19.12.040 OF THE NEWPORT 0 -1671 BEACH MUNICIPAL CODE TO INCREASE FILING FEES IN CONNECTION WITH SUBDIVISIONS CONTAINING LESS THAN FIVE LOTS, was presented for second reading. x Ordinance No. 1671 was adopted. xxxx x 3. Ordinance No. 1672, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Building AMENDING SECTION 13.12.00 OF THE NEWPORT Excise Tax ! 1490 Volume 30 - Page 116 COUNCILMEN CITY OF ROLL CALL �\ppN ps �m =3 2 Z N May 24, 1976 Moti Ayes Abse Moti Ayes Abse Moti Ayes Abse Moti Ayes Abse 4 Moti Ayes Abse NEWPORT BEACH MINUTES Volume 30 - Page 117 BEACH MUNICIPAL CODE TO INCREASE THE AMOUNT OF PROPERTY DEVELOPMENT TAX IMPOSED, ' was presented for second reading. in x Ordinance No. 1672 was adopted. x 31 x x x x it x 4. Ordinance No. 1673, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Special AMENDING SECTION 5.10.030 OF THE NEWPORT Events BEACH MUNICIPAL CODE TO INCREASE APPLI- 0 -1673 CATION FEES FOR SPECIAL EVENTS PERMIT, was presented for second reading. on x Ordinance No. 1673 was adopted. x N x x x x at x 5. Ordinance No. 1674, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Ambulance AMENDING SECTION 5.12.320 OF THE NEWPORT Fees BEACH MUNICIPAL CODE TO ESTABLISH THE 0 -1674 APPLICATION FEE FOR DRIVER'S PERMITS FOR TAXICABS, AMBULANCES AND VEHICLES FOR HIRE, ' was presented for second reading. on x Ordinance No. 1674 was adopted. xxx x X X at x 6. Ordinance No. 1675, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Annex - AMENDING SECTION 3.13.030 OF THE NEWPORT ations BEACH MUNICIPAL CODE, RELATING TO ANNEX- 0 -1675 ATION FEES, was presented for second reading. on x Ordinance No. 1675 was adopted. x x x at x 7. Ordinance No. 1676, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Business AMENDING SECTIONS 5.14.180, 5.15.110, Licenses 5.24.050, 5.28.<030, 5.32.040, 5.41.040 0 -1676 AND 5.50.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCREASE THE AMOUNTS OF INVESTI- GATION AND PERMIT FEES REQUIRED IN ' CONNECTION WITH BUSINESS LICENSE APPLICATIONS, was presented for second reading. on x Ordinance No. 1676 was adopted. xx xx x x at x Volume 30 - Page 117 COUNCILMEN \��o �M 2 CITY OF NEWPORT BEACH MINUTES ROLL CALL �u�a�9f�?N�� =2�0�May 24, 1976 INC 8. Ordinance No. 1677, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Skill AMENDING SECTION 5.34.040 OF THE NEWPORT Games BEACH MUNICIPAL CODE TO INCREASE FEE 0 -1677 CHARGED FOR APPLICATION FOR PERMIT IN CONNECTION WITH POOL TABLES AND AMUSEMENT DEVICES, was presented for second reading. Motion x Ordinance No. 1677 was adopted. Ayes xxxx x Absent x 9. Ordinance No. 1678, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Motion AMENDING SECTION 5.46.030 OF TITLE 5 OF Pictur THE NEWPORT BEACH MUNICIPAL CODE RELATING TV Fee TO REGULATION OF MOTION PICTURE AND 0 -1678 TELEVISION PRODUCTIONS ON PUBLIC PROPERTY, was presented for second reading. Motion x Ordinance No. 1678 was adopted. Ayes x x xx x x Absent x 10. Ordinance No. 1679, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Pawn - AMENDING SECTIONS 5.20.030 AND 5.20.060 broker OF THE NEWPORT BEACH MUNICIPAL CODE 0 -1679 RELATING TO DEFINITION OF SECONDHAND DEALERS, AND LICENSE FEES FOR PAWNBROKERS, JUNK DEALERS, JUNK COLLECTORS AND SECOND- HAND DEALERS, was presented for second reading. Motion x Ordinance No. 1679 was adopted. Ayes x x xx It It Absent x 11. Ordinance No. 1680, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Approc ADDING CHAPTER 15.37 ENTITLED "APPROVAL in Cot IN CONCEPT PERMIT" TO TITLE 15 OF THE Permit NEWPORT BEACH MUNICIPAL CODE, 0 -168( was presented for second reading. Motion x Ordinance No. 1680 was adopted. Ayes x x x x x x Absent x • 12. Ordinance No. 1681, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Telepk AMENDING SECTIONS 5.48.040 AND 5.48.080 OF Alarm Systeo 0 -168] Volume 30 - Page 118 )EX e & ,al kept tone is COUNCILMEN CITY OF NEWPORT BEACH ROLL CALLt8AAA1r0%\04\'%%!XS Mav 24. 1976_ • Motion Ayes Absent Motion Ayes Absent Motion Ay No� Motion Ayes Absent Motion Ayes Absent Motion A Aet x x x CHAPTER 5.48, ENTITLED "TELEPHONIC ALARM SYSTEM" OF THE NEWPORT BEACH MUNICIPAL CODE, was presented for second reading. Ordinance No. 1681 was adopted. 13. Ordinance No. 1682, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 15.04.090 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED, "AMENDMENTS TO TABLE NO. 3 -A OF THE BUILDING CODE," was presented for second reading. Ordinance No. 1682 was adopted. CONTINUED BUSINESS: MINUTES INDEX Building Code 0 -1682 1. A report was presented from the Public Works Director Goldenrod regarding the repair of the Goldenrod Avenue Pedestrian Footbridge Bridge, Contract No. 1783. Councilman Kuehn made a motion to postpone the matter to June 28, which motion failed to carry. Mayor Pro Tem Dostal made a motion to direct the staff to proceed with budgeting and implementation of Option N. 4, gunite repair of columns and deck replacement with new poured concrete deck, which motion carried. 2. A report was presented from the City Attorney regarding Commercial permitted uses in the R -1 District. Uses in Residential A letter from Bernadette V. Wehrly was presented Districts asking for clarification of business activities in residential areas. Council Policy K -8, "Commercial Uses in Residential Districts," was adopted. 3. A report was presented from the Parka, Beaches and Recreation Director regarding amendment of the agreement with the State of California to include the acquisition of five additional parcels of land (Ocean Front lots). Resolution No. 8768, authorizing the Mayor and the Parks, Beaches and Recreation Director to sign an amendment to a project agreement in connection with the Land and Water Conservation Fund Program, was adopted. Volume 30 - Page 119 Ocean Front Property M COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL m a r a 0 2 a May 24, Motion Ayes Absent • Motion Ayes Absent Motion • 1976 IURRENT BUSINESS: MINUTES A report was presented from the Community Development Department regarding Final Map of Tract No. 9132, a request of Mariners Savings and Loan, Newport Beach, to approve a final map to subdivide 0.825 acres for . single - family residential development; located at 470 Westminster Avenue, on the southeasterly side of Westminster Avenue between Clay Street and Broad Street in Newport Heights; zoned R -1. A letter from the Southern California Edison Company was presented stating that the division and development of the property as shown on the final map will not unreasonably interfere with the exercise of any easements they hold in the tract. Taylor Grant, representing Grant Warmington Builders, addressed the Council and stated that he was present to answer any questions. The Final Map of Tract No. 9132 was approved, incorpor- ating by reference the findings and conditions recommended by the Planning Commission; and Resolution No. 8769, authorizing execution of an agreement between the City of Newport Beach and Mariners Savings & Loan in connection with the construction of improvements in Tract No. 9132 (southeasterly side of Westminster Avenue between Clay Street and Broad Street in Newport Heights), was adopted. A.report was presented from the Community Development Department regarding TICMAP General Plan Amendment and Environmental Impact Report. A letter from Friends of Irvine Coast was presented asking that the Board of Supervisors be requested to delay a decision on the Irvine Coast development proposal. A letter from the League of Women Voters of Orange Coast was presented asking that the Orange County Planning Commission be asked to delay any decision on the acceptance of the draft Environmental Impact Report. Mark Northcross, representing. Friends of Irvine Coast, and Fern Pirkle, representing League of Women Voters of Orange Coast, addressed the Council. Mr. Northcross was granted three additional minutes for his presentation. Councilman Kuehn made a motion to authorize the Mayor to send the letter recommended by the Planning Commission, amended to state that the San Joaquin corridor shall run between the Corona del Mar Freeway and the San Diego Freeway, to the Orange County Planning Commission stating the City's position on the TICMAP project. Councilman McInnis asked that the motion be amended to add the following paragraph under "Provision of Volume 30 - Page 120 9132 COUNCILMEN CITY OF NEWPORT BEACH MINUTES )LL CALL �'N a9r?a �S2 a May 24, 1976 INDEX Governmental Services -- Cost /Revenue Impact ": • "In the event that adequate answers or mitigations are not readily available, the City of Newport Beach requests a delay to a time that these answers are available." The amendment was accepted by the maker of the motion. A vote was taken on Councilman Kuehn's amended yes XK x x x x motion, which motion carried. bsent x 3. A report was presented from the Public Works Director Utilities regarding the construction of the Utilities Service Service Yard at 949 West 16th Street, Contract No. 1711. Yard otion x The bid received from Julian Construction Company yes x x x x x x was rejected;.the informalities in the bid received bsent x from Austin Building Company were waived; and Resolution No. 8770, awarding a contract to Austin R -8770 Building Company in connection with the construction of the Utilities Service Yard at 949 West 16th Street, Contract No. 1711, was adopted. 4. A report was presented from the Public Works Director 32nd St • regarding the 32nd Street property exchange. Widening/ Parcel Z Councilman McInnis made the following statement for the record: "Inasmuch as we would hope to turn that whole area into either a park, open space, parking lot or something of that nature in the near future, I would like to go on record once again that I will vote for the approval of the land trade as I think it's ultimately, in the long range, of benefit to the City, but my approval, my vote for approval, should in no way indicate to anybody that I'm approving the extension of 32nd Street and /or the connection of 32nd Street to Seashore Drive." lotion x The property exchange with the Southern Pacific Land Lyes x x x x x x Company on the basis that the parcels are of equal lbsent x value was approved in concept, and the staff was directed to prepare the necessary deeds and agreements and to budget over a three -year period a transfer from the Off- Street Parking Meter Fund to the Gas Tax Fund a sum of $133,000 to purchase Parcel "Z" for parking purposes. 5. A report was presented from the Public Works Director Resub 485/ regarding Resubdivision No. 485; located along the Roger's southwesterly side of San Joaquin Hills Road between Gardens MacArthur Boulevard and San Miguel Drive (formerly known as New or Relocated MacArthur Boulevard). • The following resolutions were adopted: !lotion x Resolution No. 8771 approving the parcel map for -8771 .'.yes x x x X x x Resubdivision No. 485 (Roger's Gardens) and accepting .> bsent x Volume 30 - Page 121 COUNCILMEN 4m 9 ROLL CALL m a t* 2 N CITY OF NEWPORT BEACH Mav 24. 1976 MINUTES Volume 30 - Page 122 INDEX 72 gency ices /Viri_c:.— ce 83 the offer of dedication of vehicular access rights to MacArthur Boulevard, San Joaquin Hills Road and San Miguel Drive, except for street intersections and three existing driveway approaches. Resolution No. 8772 approving a subdivision agreement R -87 between the City of Newport Beach and Roger's Gardens, and authorizing the Mayor and City Clerk to execute said agreement (Resubdivision No. 485). 6. A letter from Sterling Ball was presented requesting access from 15th Street to an existing garage at 3411 15th Street. A report was presented from the Public Works Director. Motion x Ayes x Xx X x x Mr. Ball's request was referred to the Modifications Absent x Committee. 7. A report was presented from the Assistant to the OrCo City Manager regarding the agreement between the Emer City of Newport Beach and the County of Orange for Sery emergency services. Motion The Mayor was authorized to send a letter to the Ayes x Nr x x x County stating that the City of Newport Beach is Absent x withdrawing from the Orange County Cities Disaster Agreement, but would continue cooperating in their future planning. 8. A letter from Beth Bauer, Bette L. South and R. M. Dogs Kelly was presented regarding the Municipal Code definition of "vicious dog." Beth Bauer, R. M. Kelly and Bette South addressed the Council and cited instances of pet dogs being attacked by vicious dogs and asked that the Code be amended to cover such situations. Donald Berman addressed the Council and read a resolution adopted by the Board of Directors of SCOOP asking that Council adopt an ordinance pertain- ing to domestic animals which attack other domestic animals. Matt Encinas addressed the Council in defense of his two so- called "vicious" dogs. Motion x The staff was directed to prepare an ordinance Ayes x XK K x x covering domestic animals which attack other domestic Absent x animals to be brought back for introduction on June 14. CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes x x x x x x the actions on the Consent Calendar: Absent x 1. The following ordinances were introduced and passed • to second reading on June 14, 1976: (a) Removed from Consent Calendar. (b) Proposed Ordinance No. 1683, being, AN ORDINANCE Poli OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 0 -16 Volume 30 - Page 122 INDEX 72 gency ices /Viri_c:.— ce 83 ROLL CALL • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES Volume 30 - Page 123 N a f N T 2 M May 24, 1976 INDEX 12.16.010 B, 12.16.030 AND 12.16.040 IN CONNECTION WITH UTILIZING EMPLOYEES ASSIGNED BY THE CHIEF OF POLICE FOR DIRECTING TRAFFIC IN THE CITY OF NEWPORT BEACH. (Exhibit) (Report from the City Attorney) (c) Proposed Ordinance No. 1684, being AN ORDINANCE Newspaper OF THE CITY OF NEWPORT BEACH ADDING CHAPTER Racks 5.60 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL 0 -1684 CODE, PERTAINING TO THE REGULATION OF NEWSPAPER RACKS AND STANDS. (Exhibit). (Report from the City Attorney) 2. The following resolutions were adopted: (a) Resolution No. 8773 authorizing the Mayor and Marinapark City Clerk to execute a consent to sale of R -8773 mobilehome and trailer space in Newport Marinapark (Paddock and Albert). (Report from the City Attorney) (b) Resolution No. 8774 authorizing the Mayor and Marinapark City Clerk to execute a consent to sale of R -8774 mobilehome and trailer space in Newport Marinapark. (Palmer and Shonholtz). (c) Resolution No. 8775 authorizing the Mayor and Marinapark City Clerk to execute a consent to sale of R -8775 mobilehome and trailer space in Newport Marinapark (Emerson and Cowan). (d) Resolution No. 8776 awarding a contract to P. Heliport J. Walker Company, Los Angeles, in connection R -8776 with the construction of a Heliport on top of Jamboree Road Police Facility, Contract No. 1797. (Report from the Public Works Director) (e) Resolution No. 8777 setting forth fees in Alarm connection with the Alarm Systems Ordinance. Systems (Exhibit) R -8777 (f) Resolution No. 8778 authorizing the Mayor to Tustin Ave accept a Director's Deed from the State of Property California (Department of Transportation) for R =8788 the property located at Tustin Avenue between Pacific Coast Highway and Cliff Drive. (g) Resolution No. 8779 acknowledging the educational Unified and civic contributions of certain individuals School retiring from the Newport -Mesa Unified School Dist District during the 1975 -76 School Year. R -8779 (h) Resolution No. 8780 authorizing the execution PB & R of an agreement between the City of Newport R -8780 Beach and Coast Community College District in connection with the use of the College District's Shields Sailboat. (Report from the Parks, Beaches and Recreation Director) (i) Resolution No. 8781 authorizing the execution Sewer of an amendment to an agreement regarding Connection collection of sewer connection charges for Charges County Sanitation District No. 5 and repealing R -8781 Resolution No. 7822. (Report from the Finance Director) Volume 30 - Page 123 ROLI L COUNCILMEN -Ic CITY OF NEWPORT BEACH MINUTES CALL ly\,10 010 1 i lk May 24, 1976 INDEX (j) Resolution No. 8782 approving assignment of an Balboa interest in the Balboa Bay Club leasehold Bay estate by supplemental Deed of Trust to Title Club Insurance and Trust Company, as trustee for the R -8782 benefit of Independence Mortgage Trust (successor in interest to USF Investors). (Report from the City Attorney) 3. The following communications were referred as indicated: (a) To staff for inclusion in on -going study, letter Skate - addressed to Mayor McInnis from Pat Smith boarding suggesting the City provide skateboarding areas since the City provides areas for other sports such as bicycling, surfboarding, etc. (Exhibit) (b) To staff for reply, letter from Herbert C. Bicycle Estes protesting the Back Bay bike trail resur- Trails facing for bicycles only rather than for auto- mobiles as well as bicycles. (Copies sent to Council) (c) To Traffic Affairs Committee for reply, letter Parking from Paula C. Czuleger regarding the parking Meters/ problem in front of their store where four one- Npt Blvd hour parking meters are located. They would prefer to have the meters changed to 20- minute meters in order that their customers may find parking because their business depends on parking for their customers not on walk -in trade. (Copies sent to Council) (d) To staff for inclusion in on -going study, University letter to Mayor Rogers from the Regional Manager Drive of the Department of Fish and Game, State of Extension California, thanking him for the presentation by staff of plane for University Drive extension and stating that their official action would wait upon the Environmental Impact Study review process. (Exhibit) (e) To staff for report to the Coast Guard District, Coast letter from Edwin W. Amyes, M.D. requesting that Hwy Bridge the Coast Guard hold an open public hearing on the proposed highway bridge for consideration of bridge height and stating he is prepared to obtain enough signatures to open a hearing. (Exhibit) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter from Mayor Howard Rogers to the Orange TICMAP County Planning Commission responding to the County's request for review and recommendation on the County staff position papers on the TICMAP General Plan amendment together with suggestions and recommendations. (Exhibit) (b) Letter addressed to the attention of Councilman Amr Water Barrett from the California Section American Works Altos Water Works Association expressing appreciation Volume 30 - Page 124 ROLL COUNCILMEN CITY OF NEWPORT BEACH MINUTES 3 \ 9 CALL ? S Y 24 1.976 INDEX of the work done by Tom Phillips and Jack Beckwith in organizing the conference held at the Newporter Inn, April 21st through 23rd. (Exhibit) (c) Letter from Robert Peterson, Superintendent, Bicentennial , Department of Education of Orange County, ed, White & commending the City of Newport Beach for pro- lue Day claiming May 28, 1976 as Red, White, and Blue Day culminating the activities of the 1976 Bicentennial School Year. (Exhibit) (d) Copy of letter from George C. Scott to the un President of the Dover Shores Home Owners' Zone Association regarding Allan Beek's suggestion to relocate the Fun Zone on the Dunes Park property, and copy of a letter from the Association to Mr. Scott assuring him that they share his concern. (Exhibits) (e) Letter to Mayor Rogers from Earl V. Nellesen Animals on regarding dog wastes on the beaches and enclosing Beaches copy of an excerpt from "The Desert Sun" of Palm Springs explaining their City's Leash Law Ordinance and enforcement program. (Exhibit) (f) Letter to Chief Glavas from Judge Betty Lou Animal Lamoreaux enclosing a letter from Bethany Price Control who was cited for a violation of the leash law. (Copies sent to Council) ' (g) Letter addressed to the Mayor from the Senate SB 1550 Committee on Judiciary regarding his letter opposing Senate Bill 1550 relating to penalty assessments and advising that the bill was refused passage by the Committee. (Exhibit) (h) A request from the Office of Planning and Research Oil Well State of California for a City representative to Drilling/ attend the meeting on May 11, 1976 in Santa Ana Offshore regarding the impacts of offshore oil and gas development on the Southern California Coast. (Exhibit) (i) Letter from the Chairman of the City Arts City Arts Commission regarding the 1976 Arts Festival and Comsn expressing thanks to the City Council and the City staff, namely: Bob Long, Dorothea Sheely, Phyllis Gayle and Becky Bishop. (j) Letter addressed to the Election Official from Bilingual Chairman John Tunney, Committee on the Judiciary Election . of the United States Senate clarifying the Material bilingual requirements of the Voting Rights Act. (Exhibit) (k) Letter to Mayor Rogers with copy of letter to Lincoln Bill Darnell from Patrick V. Gallagher, President Middle of the Committee of Concerned Citizens for School ' Traffic Safety around Lincoln School, requesting Traffic Council issue a commendation to Mr. Darnell, Control Captain Oyaas and other members of the Traffic Safety Committee for the traffic safety plan in the area of the Abraham Lincoln Middle School, and stating they were disbanding their committee. (Exhibit) Volume 30 - Page 125 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \u AA71r?04)\tj\May 24 1976 INDEX of the work done by Tom Phillips and Jack Beckwith in organizing the conference held at the Newporter Inn, April 21st through 23rd. (Exhibit) (c) Letter from Robert Peterson, Superintendent, Bicentenn Department of Education of Orange County, Red, Whit commending the City of Newport Beach for pro- Blue Day claiming May 28, 1976 as Red, White, and Blue Day culminating the activities of the 1976 Bicentennial School Year. (Exhibit) (d) Copy of letter from George C. Scott to the Fun President of the Dover Shores Home Owners' Zone Association regarding Allan Beek's suggestion to relocate the Fun Zone on the Dunes Park property, and copy of a letter from the Association to Mr. Scott assuring him that they share his concern. (Exhibits) (e) Letter to Mayor Rogers from Earl V. Nellesen Animals c regarding dog wastes on the beaches and enclosing Beaches copy of an excerpt from "The Desert Sun" of Palm Springs explaining their City's Leash Law Ordinance and enforcement program. (Exhibit) (f) Letter to Chief Glavas from Judge Betty Lou Animal Lamoreaux enclosing a letter from Bethany Price Control who was cited for a violation of the leash law. (Copies sent to Council) l• (g) Letter addressed to the Mayor from the Senate SB 1550 Committee on Judiciary regarding his letter opposing Senate Bill 1550 relating to penalty assessments and advising that the bill was refused passage by the Committee. (Exhibit) (h) A request from the Office of Planning and Research Oil Well State of California for a City representative to Drilling, attend the meeting on May 11, 1976 in Santa Ana Offshore regarding the impacts of offshore oil and gas development on the Southern California Coast. (Exhibit) (i) Letter from the Chairman of the City Arts City Art: Commission regarding the 1976 Arts Festival and Conan expressing thanks to the City Council and the City staff, namely: Bob Long, Dorothea Sheely, Phyllis Gayle and Becky Bishop. (j) Letter addressed to the Election Official from Bilingua, Chairman John Tunney, Committee on the Judiciary Election of the United States Senate clarifying the Material bilingual requirements of the Voting.Rights Act. (Exhibit) (k) Letter to Mayor Rogers with copy of letter to Lincoln Bill Darnell from Patrick V. Gallagher, President Middle of the Committee of Concerned Citizens for Traffic Safety around Lincoln School, requesting School Traffic Council issue a commendation to Mr. Darnell, Control Captain Oyaas and other members of the Traffic Safety Committee for the traffic safety plan in the area of the Abraham Lincoln Middle School, and stating they were disbanding their committee. (Exhibit) Volume 30 - Page 125 is in Rol COUNCILMEN •a� �} m1 CITY OF NEWPORT BEACH MINUTES .L CALL 9 ;m�a9f }a =:2'N May 24, 1976 (1) Letter addressed to the Mayor from the Orange INDEX County Transit District thanking Council for supporting Assembly Bill 2752. (Exhibit) (m) Letter and resolution from the Department of Transportation, State of California, altering and changing the location of a section of State Highway Route 1 from Bayside Drive to 0.1 mile west of Dover Drive. (Copies sent to Council) (n) Letter from the Newport Crest Homeowner's Associa- tion advising that they are vitally interested in the properties surrounding Newport Crest and requesting as well as expecting to be advised of all activity touching the perimeters of Newport Crest. (Copies sent to Council) (o) Letter to Mayor Rogers from Supervisor Thomas F. Riley thanking Council for providing questions for possible inclusion in the airport EIR opinion survey. (Exhibit) (p) Copy of letter to Director of Aviation, Orange County Airport from the Department of Transport- ation, Federal Aviation Administration regarding support for the retrofit /replacement program for aircraft noise abatement. (Exhibit) (q) Mailgram from David G. Sills, Chairman, Irvine City Council, soliciting support for Mary Ann Gaido as representative on the Regional Coastal Commission. (Copies sent to Council) (r) Letter from City of Westminster requesting support of Frank Fry as a representative to serve on the California Coastal Zone Conservation Commission. (Copies sent to Council) (s) Letter from the City of Yorba Linda soliciting support for Carolyn Peirce Ewing for.the Executive Director's position on the Orange County Division, League of.California Cities. (Copies sent to Council) (t) Resolution of the Board of Supervisors opposing Proposition 15. (Exhibit) (u) Agendas for Board of Supervisors meetings held May 4, 5, 11, 12, 18 and 19, 1976. (v) Application of Southern California Gas Company and Pacific Lighting Service Company before the Public Utilities Commission for authorization to Submit New and /or Revised Gas Exploration and Development Projects for an Additional Three Year Period. 5. The following claims were denied and the City Clerk's Claims referral to the insurance carrier was confirmed. (a) Application to File Late Claim of Deborah L. Kolar Kolar, Lisa Kolar and Jennifer Kolar for personal injuries sustained when they were involved in an accident northbound on Euclid Avenue in an Volume 30 - Page 126 ROLL Co • • COUNCILMEN 1> mA �t CITY OF NEWPORT BEACH MINUTES 4LL 9�+ma 9c f� * tt a May 24 1976 INDEX unincorporated area of San Bernardino County on November 4, 1975, with an agent of a public entity by the name of Leslie Shelton who is not an employee of the City of Newport Beach. (b) Summons and Complaint of David Howard Johnson Johnson for False Arrest and Imprisonment, Assualt and Battery, Invasion of Privacy, Property Damage and Costs, Case No. 246253 in the Orange County Superior Court for damages sustained in connection with his arrest on July 22, 1975 at 7008 Ocean Front, Newport Beach. (c) Claim of James G. Wood for damage to his auto- Wood mobile allegedly caused when a City trash truck backed into his car at 592 Superior Avenue, Newport Beach on May 4, 1975. (d) Claim of William D. Vogel for damage to his Vogel automobile allegedly caused when his car was struck by a City vehicle while parked at Visa Drive and Marina Drive, Corona del Mar on March 30, 1976. (e) Claim of Scott Richard Williams for personal Williams injuries sustained when he was riding his bicycle in a designated bicycle lane and was hit by an on- coming car at Jamboree Road and Ford Road on or about February 10, 1976, allegedly due to a high dirt mound obstructing his view. (f) Claim of Joseph 0. Alber for damage to his hlber automobile when he was unable to avoid hitting a huge hole in the street on Santa Barbara Drive, Newport Beach on April 20, 1976, allegedly due to negligent repair of City streets. (g) Claim of John Cissne for damage to his automobile Cissne which was allegedly caused during a search of his vehicle by Newport Beach Police officers on February 20, 1976 at the "wedge" in Newport Beach. (h) Claim of Virginia Boon Gunkel for damage to her unkel automobile allegedly caused when she was involved in an accident with a City vehicle on April 24, 1976 on Dover Drive, Newport Beach. 6. The following requests to fill personnel vacancies were approved: (Report from the City Manager) (a) One Utilities Service worker in the Public Works Department to fill a position now vacant. (b) One Refuse Crewman in the General Services Department to fill a position now vacant. 7. The following staff reports were received and ordered filed: (a) Memorandum to the City Manager from the Parks, Vandalism/ Beaches and Recreation Director regarding CdM Youth vandalism at the Corona del Mar Youth Center. Center (Exhibit) Volume 30 - Page 127 COUNCILMEN i! I \10C \-S CITY OF NEWPORT BEACH MINUTES :)LL CALL \gym \a\9r \}�' \^\1= \?s1May 24, 1976 INDEX (b) Removed from the Consent Calendar. (c) Report from the City Manager concerning Christmas Sales & Use Quarter Sales Tax Returns. (Exhibit) Tax 8. The following matters were set for public hearing on June 14, 1976: (a) Marinapark Master Plan. rinapark (b) Newport Center Branch Library. ibrary (c) Preliminary Budget as prepared by the City relim Manager for the fiscal year 1976 -77, pursuant to udget Section 1102 of the Newport Beach City Charter. 9. BALBOA AVENUE STORM DRAIN IMPROVEMENTS, MARINE AVENUE torm TO THE GRAND CANAL (C -1683) - Approval of the plans rain and specifications; and authorization to the City In Clerk to advertise for bids to be opened at 10:30 A.M. Balboa Ave . on June 15, 1976. (Report from the Public Works Director) 10. Removed from the Consent Calendar. 11. Removed from the Consent Calendar. 12. LEGAL PUBLICATIONS FOR 1976 -77 (C -1815) - Direction Legal Pub to the City Clerk to publish a Notice Inviting Bids to be received at or before the hour of 7:30 P.M. on • June 14, 1976 for a contract covering the publishing 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. 13. RESUBDIVISION NO. 491 - Acceptance of the public Resub 491 improvements constructed in conjunction with Resub- division No. 491, located on the westerly side of Lafayette Avenue between 31st and 32nd Streets; authorization to the City Clerk to release the faith- ful performance surety (Bond No. MNR 86 48 62); and authorization to the City Clerk to release the labor and materials surety (Bond No. MNR 86 48 62) in six months provided that no claims have been filed. (Report from the Public Works Director) 14. MAINTENANCE DREDGING HARBOR PERMITS - Approval of the Harbor following maintenance dredging harbor permit appli- Permits cations, subject to the conditions of approval under the blanket maintenance permit issued by the Corps of Engineers: #110 -1300, George Reade, 1300 E. Balboa Boulevard; #172 -900, Byron Tarnutzer, 900 Via Lido Nord. (Report from the Marine Department) 15. Removed from the Consent Calendar: 16. SOUND AMPLIFYING EQUIPMENT - Approval of request of Sound Deanna Mikkelson for permission to use sound amplifying Amplifying equipment from 8:00 P.M. to midnight in connection Equipment with a party at her home at 506 Aliso Avenue, Newport Beach on June 12, 1976. (Copy of permit with copy of report from Police Department) Volume 30 - Page 128 RC Mo i Ayi Abi Abl Mo Ayi Ab+ Mo Ay, Ab Mo Ay Ab COUNCILMEN CITY OF NEWPORT BEACH MINUTES LL CALL 24, 1976 II 17. The following Budget Amendments were approved: BA -74, $6,000 transfer of funds for printing of 10,000 volumes (second edition) of "Newport Beach - Heritage and Horizons," from Unappropriated Contingency Reserve to Nondepartmental, Services - Professional, Technical, etc., General Fund. BA -75, $200 increase in Budget Appropriations and in Revenue Estimates for purchase of folding chairs for Community Youth Center with 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 -76, $56,000 increase in Budget Appropriations and decrease in Unappropriated Surplus for Phase I construction of Utilities Service Yard at 949 W. 16th Street, Water Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Marine Department Harbo regarding Application #221 -081 of James Schmitz to Permi construct a bulkhead at 632 Lido Park Drive. Councilman Barrett stated that he would abstain on :ion x this matter due to a possible conflict of interest. :s x x I x x n x Harbor Permit Application No. 221 -081 was approved, subject to the conditions recommended by the Staff. :ion x 2. A proposed ordinance, being, AN ORDINANCE OF THE CITY Code as x x x x x x OF NEWPORT BEACH AMENDING SECTION 12.16.030 OF THE Enfor sent K NEWPORT BEACH MUNICIPAL CODE ENTITLED, "COMPLIANCE REQUIRED," was tabled. 3. A report was presented from the Public Works Director Lido regarding the Pedestrian Walkway Addition to the Lido Bridg Island Bridge, Contract No. 1814. :ion x The plans and specifications were approved, and the as x x x x x x City Clerk was authorized to advertise for bids to be sent X opened at 2:00 P.M. on June 17, 1976. 4. A report was presented from the Public Works Director Jambc regarding Jamboree Road slope construction from Road Eastbluff Drive north to a point 2,100 feet northerly, Contract No. 1810. Lion x The Mayor and City Clerk were authorized to execute a as x x x x x x right -of -way certification; the plans and specifi- sent cations were approved; and the City Clerk was author- ized to advertise for bids to be opened at 11:00 A.M. on June 18, 1976. 5. A letter was presented from the Litter Control Citizens Litte Advisory Committee advising of absenteeism on the Conti . Committee as requested by Resolution No. 8527, Adv Section (c). Volume 30 - Page 129 JDEX r t cement Isle e ree r of Cit mte COUNCILMEN Irp$a�, °I ROLL CALL Motion Ayes Abs* Motion Ayes Absent Motion Ayes Absent Mo Ay it Absent • CITY OF NEWPORT BEACH MINUTES a Volume 30 - Page 130 INDEX r- Cities tions tage 83 May 24 1976 x Staff was directed to send a letter to the members x x x x x x involved regarding their interest. If no response has been received by the next Council meeting, action is to be taken to fill the vacancies. ADDITIONAL BUSINESS: x 1. The City Manager was added as a representative of the Inte x x x x x x City of Newport Beach on the Inter -City Relations Rela x Committee, and the staff was directed to send a Cmte letter to the Cities of Costa Mesa and Irvine advising them of this addition. x 2. Councilman McInnis made a motion to adopt Resolution CdM No. 8783 supporting the completion of the Corona del Eron Mar frontage road project at the earliest possible Road date, and to direct the Mayor to contact Senator -87 Carpenter by mail and in person to urge his personal attendance at the California Highway Commission meet- ing on June 16. Mayor Pro Tem. Dostal asked that the motion be amended to direct that the Mayor or one of his representatives attend the meeting, which amendment was accepted by the maker of the motion. x x x x x x A vote was taken on Councilman McInnis' amended motion, x which motion carried. The meeting was adjourned at 9:30 P.M. x x x x x x Mayor ATTEST: City Clerffl C Volume 30 - Page 130 INDEX r- Cities tions tage 83