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Home My WebLink About04/28/1975 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING A�<np; �y Place: Council Chambers Cmllot �'y mpp�'a Time: 7:30 P.M. 2 � � ROLL CALL pN s9e N12 apm Date: April 28, 1975 Present K x x x x x Roll Call. Absent *on x The reading of the Minutes of the Regular Meeting Ayes x x x x April 14, 1975 was waived, and said Minutes were Abstain x as written and ordered filed. Absent Motion x The reading in full of all ordinances and resolut Ayes K x x x x x consideration was waived, and the City Clerk was Absent to read by titles only. HEARINGS: 1. Mayor McInnis opened the public hearing in c S with the Spring, 1975 Weed.Abatement Program compliance with Resolution No. 8469. Motion The hearing was closed after it was determin Ayes x x x x x one desired to be heard., Absent Resolution No. 8476, ordering the Fire Chief Motion K weeds and other public nuisances existing up Ayes K x x x x x alleys, sidewalks, parkways and private prop Absent 31 in the City, was adopted. CONTINUED BUSINESS: 1.. A report was presented from the Chief of Pol regarding Police Tow Truck Service fees in c with an after -hours inspection fee. An Opinion was presented from the City Attox Motion The matter was tabled. (Later in the meetin Ayes x x x matter was removed from the table - see Page Noes x x Absent CURRENT BUSINESS: 1. ,'A letter from the Girl Scout Troop 1223 encl petition bearing the signatures of thirty -th residents requesting the installation.of a t crossing button at the intersection of Dovex Westcliff was presented. Diane Smith addressed the Council urging the tion of a push- button control at this inters presented additional signatures to subject F Mayor Pro Tem Dostal also presented additior tuxes to the petition. Motion The installation of a bicycle crossing butte Ayes K x x x x X intersection of Dover and Westcliff was appx sent > the appropriation of the necessary funds, nc exceed $2,000, was authorized. Volume 29 - Page 82 MINUTES of approved ions under lirected onnection , in ed that no to abate on streets, erty with- INDEX Weed Abatement R -8476 ice Police onnection Tow Truck Service ney. g the 84.) osing a ree icycle and installa- ection and etition; al signa- n at the oved, and. t to Dover/ Westcliff Bicycle -, Crossing; COUNCILMEN CITY OF NEWPORT BEACH \p m AtOD o pyp0 p0 Zm pip t 1 f.AI I -0 r ti1S2 A1A1 A..r 41 74 ia7c MINUTES itizens ,go. 2 all day ted. the g regu- ant for INDEX Surfing Rags lopment Off -site Develop- Parking king tail Via of an R -8477 Newport opted. irector Traffic ighway Signal the Highway 6 se the Newport ied the will al Elaine Community Advisory Dev post- Citizens 5. Adv Crate 2. A petition signed by approximately forty -two c of Newport Beach requesting that Surfing Area (Corona del Mar beach) remain open to surfing long whenever surfable waves exist, was presen Warren Jessop addressed the Council and urged adoption of the suggested change in the surfin lations. Motion x The request was referred to the Marine Oepartu Ayes K x x x x x study and recommendation. Absent 3. A report was presented from the Community Deve Department regarding the request of Warmington ment, Inc., Newport Beach, for an off -site pat agreement in connection with expansion of a re building located on the corner of Via Lido and Oporto (3400 Via Lido), in the Lido Shops area Motion x Resolution No. 8477, authorizing the execution, Ayes x x x x x off -site parking agreement between the.City of Absent i N Beach and Warmington Development, Inc., was ad 4. A report was presented from the Public Works T regarding a proposed traffic signal at Coast E and Prospect Street. Mike Johnson addressed the Council in favor of ® signal. Motion The staff was instructed to include the Coast Ayes x x x x x and Prospect Street intersection in the 1975 -7 Absent X Traffic Signal Priorities Program; and to advf Newport Shores Community Association and West Improvement Association that the State has der City's request for subject signal, however, it be included in the City's 1975 -76 Traffic Sigr Priority Evaluation Program. 5. (District 1) Councilman Rogers' appointment of Motion X Linhoff to the Community Development Citizens Ayes x x x x X Committee was confirmed; and it was agreed to Absent 7 pone the remaining appointments to May 12, 19, 6.. A letter from the Marina Park Association was requesting that discussions be reopened regarc extension of their existing lease. A letter was received after the Agenda was prd from the Parks, Beaches and Recreation Commiss regarding study of the Marina Park leases. Harry Crawford and Herbert Williams, represent Marina Park Association, addressed the Council asked that a Council Committee be appointed t< with them. ® Mike Gering, representing the Newport Harbor of Commerce, addressed the Council and asked I representative of the Chamber's Marine Divisic Volume 29 - Page 83 MINUTES itizens ,go. 2 all day ted. the g regu- ant for INDEX Surfing Rags lopment Off -site Develop- Parking king tail Via of an R -8477 Newport opted. irector Traffic ighway Signal the Highway 6 se the Newport ied the will al Elaine Community Advisory Dev post- Citizens 5. Adv Crate presented Marinapark ing the nted ion ing the and meet hamber bat a ,n be COUNCILMEN op m �Q goo a ;20 ROLL CALL - p0 T yr iU=2 a Ate CITY OF NEWPORT BEACH ADril 28. 1975 MINUTES INDEX ack ees es 1 appointed to the committee. Parks, Beaches and Recreation Commissioner Evelyn Hart addressed the _ Council and requested that a Commissioner be ap- pointed to the committee. Councilman Rogers made a motion to appoint a Council ad hoc Marina Park Lease Committee to meet with the `Marina Park Association and to invite members of the Parks, Beaches and Recreation Commission and the Chamber of Commerce's Marine Division to attend all meetings. Motion K After a discussion, Councilman Rogers made a substitute Ayes K x x x Y motion to postpone the matter to May 12, and to direct Noes x the staff to bring back a report reviewing the Marina Absent Park lease, the proposed use of the site, and the projected costs, which motion carried. Due to the arrival of representatives from Harbor Towing Police Motion K and Coast Towing Services, their request for an after -hours Tow Tr Ayes x x x x inspection fee in connection with the Official Police Tow Servic Absent Truck Services was removed from the table. O. J. Hawley, representing Harbor Towing, briefly addressed the Council. Councilman Rogers made a motion to approve a $5.00 release fee, based on an eight -hour day, seven days a week. Coun- cilman Ryckoff asked that the motion be amended to change the business hours to 7:00 A.M. to 9:00 P.M. Motion Councilman Rogers amended his motion to direct the City Ayes x x x x x Attorney to prepare the necessary amendment to the fee- Absent y schedule resolution to provide for a $5.00 after -hours inspection fee, with business hours established at 7:00 A.M. to 9:00 P.M., seven days a week, with a 12 -hour pre - release stipulation, which motion carried. The regular order of business was resumed. T. A proposed amendment to Council Policy.J -1 regarding City City employees salaries was presented. Employ Salari An Opinion was presented from the City Attorney Counci Policy Motion x Councilman Ryckoff made a motion to amend Council Policy J -1, "City Employees Salaries," to become effective when the 1976 -77 fiscal year Management- Employee negotiations commence. Councilman Rogers asked that the motion be amended to include the retirement program and other fringe bene - fits in the salary surveys, which amendment was accepted by the maker of the motion. Ayes x x x x x A vote was taken on Councilman Ryckoff's amended . Absent motion, which motion carried. Volume 29 - Page 84 ack ees es 1 ROLL CALL Morion Ayes Absent • Motion Ayes Absent Motion Ayes Absent • COUNCILMEN CITY OF NEWPORT BEACH April 28, 1975 8. Ordinance No. 1607, being, MINUTES AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.22 TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "ANCHORAGE AND MOORING REGULATIONS," establishing a permit system for offshore moorings and anchorages in the Newport Harbor City -owned or controlled tidelands, and authorizing the City Manager to issue permits, was presented. A report from the Council ad hoc Offshore Mooring Committee was presented. Councilman Barrett stepped down from the Council table due to a possible conflict of interest. Larry Miller, representing the Marine Division of the Newport Harbor Chamber of Commerce, briefly addressed the Council. Ordinance No. 1607 was introduced and passed to second reading on May 12, 1975. Councilman Barrett resumed his seat at the Council table. 9. A report was presented from the Marine Department regarding an amendment to the Harbor Permit Policies. Council Policy H -1, "Harbor Permit Policies," Section 4 -J, to exclude assessments Against private recre- ational piers to be consistent with the State Con- stitution, was amended, as modified by the Council. CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following resolutions were adopted: Resolution No. 8478 authorizing the Mayor and City Clerk to execute a cooperative financing agreement between the City of Newport Beach and the Robert H. Grant Corporation in connection with cost of traffic signal at intersection of Hoag Drive and Superior Avenue. (A report from the Public Works Director was presented.) Resolution No. 8479 authorizing the Mayor and City Clerk to execute a cooperative financing agreement between the City of Newport Beach and the County of Orange in connection with installation of traffic signal (intersection of Bristol Street and Birch Street) and modification of traffic signal (Bristol Street and Irvine Avenue - Campus Drive). (A report from the Public Works Director was presented.) Resolution No. 8480 awarding a contract to R. W. McClellan and Sons, Inc. in connection with alley Volume 29 - Page 85 INDEX Offshore Moorings 0 -1607 Harbor Permit Policies Traf f is Signal R -8478 Traffic Signal R -8479 BI & Peninsula Alley Impr R -8480 COUNCILMEN ROLL CALL �N�s��r�N�12�a�pm Mariners April 28, 1975 Mile man Parking eet Prohibition improvements, Balboa Island and Peninsula, Conti No. 1624. (A report from the Public Works Direc • was presented.) Resolution No. 8481 authorizing the execution of Grant of Easement to the Southern California Edl Company over a portion of the site occupied by t City Hall; for electrical service to the new Cou Chambers. (A report from the Public Works Direc was presented.) Resolution No. 8482 reaffirming various standin@ ad hoc City Council committees; establishing ant deleting standing and ad hoc committees; and rel Resolution No. 8472; to add the establishment of ad hoc Redistricting Committee. 2. The following communications were referred as it dicated: Referred to staff for reply, letter from Richar� Stevens regarding the traffic problem along Pacj Coast Highway in the Mariner's Mile'area. Referred to staff for reply, letter from B. Cofl protesting the "No Parking" requirements for sti cleaning purposes on Balboa Island. Referred to Planning Commission, letter from B. Georgantas opposing proposed development of Tent • Tracts 8680, 8681 and 8682. 3. The following communications were referred to tl City Clerk for filing and inclusion in the recur Copy of a letter to The Irvine Company from the Open Spaces Committee regarding problems in con• nection with proposed development of the three 1 rise sites and the fifteen acres adjacent to Pri 8680. Copy of a letter to State Department of Transpo. from N. H. Smedegaard suggesting two additional of traffic alongside of the existing Coast Highi Bay Bridge as a means of improving traffic. Letter from State Controller regarding apportioi .of Trailer Coach Fees indicating the net amount apportioned to Orange County to be $743,316.07. Resolution of Westminster opposing legislation would create the Southern California As'sociatio'. Governments by statute and mandate its membersh Notice of filing of application of Southern Cal Gas Company before Public Utilities Commission rate increase. • Notice of hearing before the Public Utilities C mission in the matter of the application of Sou California Gas Company for a rate increase. Volume 29 - Page 86 MINUTES act for a son he ncil for and or ealing the INDEX City Hall Expansion R -8481 Council Cmtes R -8482 S. Mariners fic Mile man Parking eet Prohibition D. ative Le Ids: 'Save ti- Yject -tation lanes iay invent ohich i of Lp. Lf ornia nor a )m- :hern Tracts 8680, 8681 & 8682 Coast Hwy Bridge COUNCILMEN 'A 6� ROLL CALL • • MINUTES �N ��t m N12 apm April 28, 1975 INDEX Notice of application of Pacific Telephone with the California Public Utilities Commission to modify certain rates. Letter from State Solid Waste Management Board attaching regulations concerning the siting of solid waste facilities and amendments to the guidelines for preparing county solid waste management plans. Ordinance of County Sanitation Districts of Orange County establishing regulations for use of District sewerage facilities. Agenda for Board of Supervisors meetings held April 15, 16, 22 and 23, 1975. Letter to the Mayor from the Department of Trans- portation stating that no plans exist to alter the variance to Noise Standards issued to Orange County Airport in any manner. Letter from Ruth Young commending the Newport Beach Fire Department for doing such a professional job in a rapid and easy manner in putting outs. fire in her home. Letter from the Director of the Orange County Division of the League of California Cities regarding progress of negotiations between the League and the State on collective bargaining. Resolution of Alhambra opposing legislation requiring collective bargaining and compulsory arbitration for .the settlement of disputes in the public service. 4. The following claims were denied and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Rita Versteeg Densmore for personal injuries Densmore allegedly caused by a City vehicle which ran over her while she was lying on the beach in Corona del Mar. Claims of Teleprompter of Newport Beach for property Telepromptn,. damage due to fire at their offices at 2624 West Coast Highway on January 11, 1975, alleging negligence on the part of the City due to inadequate water supply and /or fire - fighting equipment. Claim of Home Insurance Company for property damage Home Ins Co due to fire at the offices of Teleprompter at 2624 West Coast Highway on January 11, 1975, alleging negligence on the part of the City due to inadequate water supply and /or fire - fighting equipment. Summons and Complaint to Enforce Rights Arising From Cortes Stop Notice of Cortes Equipment Service Co., Inc., a Equip Sery California corporation vs. City of Newport Beach, Co Johnson & Mape Construction Company, a California corporation, Murphy Electric Company, a California corporation, and Does 1 through 10, (Case No. 225401). Claim of Clifton Wendell Sather II for general damages, Sather alleging false arrest and imprisonment on December 15, 1975.. Volume 29 - Page 87 COUNCILMEN \m P\m% ; .t, 9,p 0 + ?mPa 2 a m o i rAi V m =2 pie A.....t 9C 707C '- MINUTES INDEX ti on ;ure :nts 3787 n Rd ng ula torm Impr I vd, 5. Th'e following requests to fill personnel vacancies were approved: (A report from the City Manager was • presented.) One Police Clerk I in the Police Department to fill a position now vacant. One Refuse Crewman in the General Services Department to fill a position to be vacant. One Building Maintenance Man I in the General Services Department to fill a position to be vacant. 6. The following staff reports were received and ordered filed: A memo from the City Attorney summarizing legislation T.egisl< set forth in the League of California Cities Legis- lative Digest. A memo from the City Attorney re Conflict of Inter- Disclos ests - Disclosure of Assets. Statemf 7. The following matter was set for public hearing on May 12, 1975: Tentative Map for Tract 8787, subdividing 17.79 acres Tract 1 into one numbered lot for.commercial development, 6 numbered lots for attached single - family development, 4 lettered lots to be developed as private streets, . and one lettered lot to be developed as a landscape area, located on the southeasterly corner of New MacArthur Boulevard and Ford Road, consisting of Areas 13 and 14 in the Harbor View Hills Planned Community, zoned P -C; and certification of the Environmental Impact Report. (A report from the Community Development Department was presented.) 8. The San Joaquin Hills Road Improvements, MacArthur San Boulevard to Marguerite Avenue, Contract No. 1519, Joaqui were accepted; and the City Clerk was authorized Hills to file a Notice of Completion and to release the Wideni bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 9. The Balboa Peninsula Cement Mortar Lining of Cast Balboa Iron Water Mains, Contract No. 1608, was accepted; Penins and the City Clerk was authorized to file a Notice of Water Completion and to release the bonds 35 days after Mains the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 10. The plans and specifications for Street and Storm St & S Drain Improvements "K" Street, Balboa Boulevard, "L" Drain Street, and "I" Street End were approved; and the City "K" St Clerk was authorized to advertise for bids to be Bal B1 opened at 10:30 A.M. on May 22, 1975. (A report from Etc. • the Public Works Director was presented.) Volume 29 - Page 88 ti on ;ure :nts 3787 n Rd ng ula torm Impr I vd, COUNCILMEN �^o ROLL CALL u a %m'mo * v� N=2 aPm April 28, 1975 11. The staff was authorized to proceed with the det of the upper (undermined) portion of the Begonia stairway. (A report from the Public Works Dire( • was presented.) 12. The following maintenance dredging harbor permit approved, subject to the conditions of approval the Blanket Maintenance Dredging Permit issued I U. S. Army Corps of Engineers: #151 -1001, Lesti 1001 North Bay Front; and 11151 -911, Kathryn Smi 911 North Bay Front. (A report from the Marine Department was presented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from James R. McCauley, Special Consul Senate Rules Committee, asking if the City Coun had taken a position or had any pertinent comme. make on Governor Brown's nominations of David C Motion x mons and Frank Casado to the South Coast Region Ayes x x x x x Commission, was referred to staff for a backgrol Absent x report at the May 12 Study Session. ADDITIONAL BUSINESS: 1. A Tennis Center Site Analysis Study was present Motion x The staff was authorized to discuss Site #1, Pa Ayes x x x x x Coast Highway west of the Arches (known as the Aont property), with the State to determine what cos would be involved for City.acquisition and also determine whether or not the site would be avai for a long -term lease; and the staff was also a ized to consult with various land appraisers to mine the cost of an appraisal if one is necessa Motion X 2. The Mayor was directed to send a letter to Sena Ayes K x x x x x Carpenter expressing the City's opposition to S Absent Bill 189, which would decrease court fines and the revenues to cities. Motion x 3. The Council gave unanimous support and commenda Ayes x x x x x to The Bridge Action Team '76 and gave complete Absent proval to their recommendations to date. 4. A report from the Public Works Department regar the proposed plan showing the basic geometrics replacement of the Pacific Coast Highway Bridge presented with a draft letter to the State Depa of Transportation commenting on the draft Envir mental Impact Statement and supporting an early replacement of the existing Coast Highway Bridg Motion x The draft letter was approved, as amended; and Ayes K x x x x x Mayor was directed to send the amended letter t Absent Y the Department of Transportation for presentati CALTRANS as part of the Design Public Hearing. • Volume 29 - Page 89 MINUTES INDEX iolition Begonia L Park I Park for IStairway .s were Harbor under Permits ,y the :r King, h, :ant, So Coast ail Regional its to Cmsn )m- il and .d, Tennis Center ,if is ,agney :s to Lable 3thor- deter - ry. for Citation ante Fines affect Lion BAT '76 ap- Sing Coast Hwy for Bridge was rtment :)n- e. the D on to COUNCILMEN Na Z�F9ppm �O ROLL CALL Motion Ayes Gent Motion Ayes Absent Motion Ayes Absent CITY OF NEWPORT BEACH MINUTES u T v� u 1 a Am '4 April 28, 1975 5. Councilman Kuehn was designated as the City's nomi- x x x x x nation to fill the vacancy soon to occur on the Orange County Transit District; and Mayor Pro Tem Dostal was authorized to write to the Orange County cities re- questing their support of Newport Beach's nominee. 6. A report was presented from the Public Works Depart- ment regarding the Jamboree Road Police Facility, Contract No. 1514. X The work was accepted on the Jamboree Road Police X x x x x N Facility, subject to the retention of $30,000 to complete the remedial work on the exterior windows and the installation of closet doors, and to the retention of sufficient funds to cover outstanding Stop Notices; any liquidated damages were waived; 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. x The meeting was adjourned at 9:13 P.M. x x x x x X AA dam. Mayor ATTEST: ity Clerk I a Volume 29 - Page 90 INDEX OCTD Police Facility