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Home My WebLink About06/14/1976 - Regular MeetingCOUNCILMEN Regular Council Meeting Place: Council Chambers T4mo. 7.30 P M MINUTES ?,'A yF�nS ROLL CALL a c N s Z i � ' N Date: June 14 1976 IND Present x x x x x x Roll Call. ion x The reading of the Minutes of the Regular Meeting of May 24, 1976 as and ordered filed. s were approved written Motion x The reading in full of all ordinances and resolutions Ayes c x x x x x x under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor Rogers opened the public hearing in Librar connection with the Newport Center Branch Library. The following correspondence was received after the agenda was printed: letters from the Corona del Mar Chamber of Commerce and from the Friends of the Library supporting an 18,000 square foot shell with 14,000 square feet to be developed now, a petition bearing forty -four signatures urging support for an 18,000 square foot branch library in Newport Center and a petition bearing one hundred seventy -nine signatures asking for a branch library in Newport Center. The following people addressed the Council and urged support for a branch library in Newport Center and /or for an 18,000 square foot branch library in Newport Center: Charles Sword; William Blurock, architect for the project; Carter McDonald, Vice Chairman and Zada • Taylor and Pat Black, members of the Board of Library Trustees; David Steinmetz, President and Betty Winkler member of the Board of Trustees of the Newport Harbor Art Museum; Per Trebler, Beverley Langston; William Eilers, President of the Newport Center Association; Leonard Sager; Kip Konwiser; Richard Bond representing the Newport Hills Community Association; Jim Gage; Betsy MacKenzie as Chairman of the Bicycle Trails Citizens Advisory Committee; Val Skoro, President of the Irvine Terrace Homeowners Association; Mary Richmond, representing Friends of the Library who pledged at least $10,000 toward furnishing an 18,000 square foot shell and presented petitions bearing 40 additional signatures in favor of the Newport Center branch; Ruth LeLievre; Nancy Phelps; James Parker; Kenneth E. Plissett, Director of the East - bluff Homeowners Association; Sue Bagley, representing Park Newport Apartments; Frank Jank, representing Corona del Mar Chamber of Commerce; Wileeta Philbrick, and Jean Hilchey, Director of the Cameo Shores and Cameo Highlands Homeowners Association. Motion x William Blurock was granted two additional minutes Ayes C x x x x x x for his presentation. Sue Ficker, representing the Central Newport Beach Community Association, and Margot Skilling addressed the Council opposing the Newport Center branch library. Volume 30 - Page 131 EX COUNCILMEN i p'A otD�9�'S L.;1 CITY OF NEWPORT BEACH MINUTES ROLL CALL a f N 1 in June 14, 1976 IND� Motion The hearing was closed after it was determined that es x no one else desired to be heard. x x x x x 0 tion x Councilman Kuehn made a motion to approve an 18,000 square foot shell for the Newport Center branch library with 14,000 square feet of interior improvement. Motion x Councilman Ryckoff made a substitute motion to approve a library design for 10,000 square feet with the possibility of expansion at some future date built into the design. Motion. x Mayor Pro Tem Dostal made a substitute motion to Ayes x x build an 18,000 square foot shell with 9,000 square Noes x x x feet of active space, which motion failed to carry. Ayes x x x A vote was taken on Councilman Ryckoff's motion, Noes x x which motion carried. 2. Mayor Rogers opened the public hearing in connection Marinap with the Marinapark Master Plan. A report was presented from the Parks, Beaches and Recreation Director. A letter was received from the Balboa Peninsula Point Association after the agenda was printed supporting the Parks, Beaches and Recreation Commission's Marina - park recreation plan. • Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. Gary Lovell, Parks, Beaches and Recreation Commissioner addressed the Council regarding the Commission's recreation plan for Marinapark. The following people addressed the Council in favor of the plan: Sue Ficker representing the Central Newport Beach Community Association, Al Barstow presented a petition signed by 121 residents, and Angela Ficker White. Stan Cole addressed the Council protesting the elimin- ation of the boat launching, and Joe Casala spoke in favor of retaining the green area. Motion x The hearing was closed after it was determined that Ayes x x no one else desired to be heard. Motion x Councilman McInnis made a motion to accept the Master Plan as recommended by the Parks, Beaches and Recrea- tion Commission with the exception of the two residen- tial lots and including the opening of the existing sidewalk to public use by whatever means are necessary, the fencing or landscaping on the landward side of the sidewalk to afford some degree of privacy for the resi- dents, and the sidewalk as shown on the east side in the Master Plan.as well as everything else in the plan, with the opening of the sidewalk being subject to review by the City Attorney. Volume 30 - Page 132 9 ark ROLL CAL Motion, 4 Ayes • Motio Ayes Motio Ayes Motio Ayes &0 Ayes Noes COUNCILMEN \tpA_\g'w�% L�Z CITY OF NEWPORT BEACH MINUTES ;Fa 9 ? ? T T 2 Z Z June_ 14, 1976 INDEX Councilman Ryckoff asked that the motion be x C amended to delete the 1500 foot shelter area in the x x x x x x x c x a conversion of the old bowling green, eliminate the night lighting in connection with the tennis courts and delete the construction of the restroom facility in the revised tot lot area, which amendment failed to carry. A vote was taken on Councilman McInnis' motion, K x x x x x x A which motion carried. 3. Mayor Rogers opened the public hearing regarding B Budget the Preliminary Budget as prepared by the City Manager for the fiscal year 1976 -77, pursuant to Section 2201 of the Newport Beach City Charter. The following reports were presented: A report from the Finance Director concerning apportioning fringe benefits. A report from the Finance Director concerning the estimated 1976 -77 assessed value. A report from the Police Chief concerning the 1976 -77 Budget appropriation. A report from the Police Chief dated May 7 regarding request for additional funds in the proposed 1976 -77 Budget. A report from the Police Chief dated June 9 regarding crime in Reporting Districts 11 through 17. A report from the Fire Chief concerning statistics on paramedics. A report from the City Manager concerning pro- posed changes. COUNCILMEN CITY OF NEWPORT BEACH MINUTES �9 pa as ao0 ROLL CALL_ ?'a a9f}a *SZ 8 June 14, 1976 INDEX ion oes Motion Ayes Motion Ayes Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes • Motion Motion Ayes Noes Ayes Noes Motion Ayes Motion Ayes i Police x Restored salaries for 5 additional Police x x x x Officers. x x Restored salaries for 1 Humane Officer and x x x x x increased for an additional Humane Officer. x Increased for necessary health and life insur- x x x x x ance, workmen's compensation and Retirement Fund contribution for the additional officers. X Increased for a radio transceiver system and a X x x x radio repeater - relay system. X x Increased to add a part -time parking and traffic X x x x control officer on the Balboa Peninsula. X Fire - Suppression x Mayor Pro Tem Dostal made a motion to add funds x x for a "Jaws -of- Life" power tool, which motion x x x failed to carry, and this item was not added. Fire - Emergency Medical Services Walter Schaefer of Schaefer's Ambulance Service addressed the Council and opposed an additional paramedic unit. x Mayor Pro Tem Dostal made a motion to increase this budget to provide for an additional para- medic unit. A discussion was had regarding a user's fee in connection with the paramedics. Mayor Pro Tem Dostal amended his motion to add instruction to the City Attorney to prepare a user fee ordinance for paramedic services in Newport Beach to be brought back at the next meeting. Councilman Williams made a substitute motion to x x continue the decision on the additional para- x x x medic unit to June 28, which motion failed to carry. x x x x x A vote was taken on Mayor Pro Tem Dostal's x motion, which motion carried to add an additional paramedic unit and an ordinance for user fees. Various x Increases to provide for the increase in health x x x x x and life insurance premiums. Coital Improvement Projects x Increased to provide funds for sewer replacement X x x x x and for the street and alley seal coating resur- facing and reconstruction program. Volume 30 - Page 134 COUNCILMEN ROLL CALL Motion lg6tion Ayes Noes Motion Ayes Motion Ayes Motion Ayes • Motion Motion Ayes • Motion CITY OF NEWPORT BEACH T....,. 14 l n 7c MINUTES INDEX Councilman Williams made a motion to delete the preparation of an EIS for University Drive. Councilman Kuehn made a substitute motion for x this matter to be presented to Council at the x x x 24 Study Session on June 28, which motion carried. x x LIBRARY FUND Libraries Restored salaries for a Librarian II and a x X x Library Clerk I and increased to provide for x x x N increases in health and life insurance, and in Retirement Fund Contribution. PARK AND RECREATION FUND Parks. Beaches and Recreation - Administrative Increases to provide for the increase in health x x x x x and life insurance premiums. VARIOUS FUNDS x Increases were approved to the Retirement Fund to x x x x x provide for the increase in Retirement Fund contribution, and in the Water Fund and Marinapark Fund to provide for increases in the health and life insurance premiums and in the Retirement Fund contribution. MARINAPARK FUND x Councilman Ryckoff made a motion to approve the cost estimates related to the Parks, Beaches and Recreation Commission's recommendations for the Marinapark Master Plan except for the deletion of the 1,500 square foot shelter on the converted bowling green, the night - lighting aspects of the tennis courts in the amount of $11,000 and the rest -room facility for the revised tot lot area. Councilman Barrett made a substitute motion to approve the cost estimates except for the deletion of the 1,500 square foot shelter on the converted bowling green, the night - lighting aspects of the tennis courts in the amount of $11,000 and the conversion of the vacant lots to a mini -park area. Sue Picker addressed the Council and asked that this item be acted on now. X x x A vote was taken on Councilman Barrett's motion, which motion carried. Mayor Pro Tem Dostal made a motion to continue the public hearing on the Budget to June 28. Volume 30 - Page 135 INDEX COUNCILMEN \1\'&AAO tee � 010 �R I I (:A I I 9t ptP 2121N CITY OF NEWPORT BEACH T.mo 14 107( MINUTES INDEX LJIIY TI { per to tti Val Skoro addressed the Council and asked for a traffic signal at Irvine Country Club across from Irvine Terrace. He was assured by Assistant Public • Works Director Ben Nolan that a traffic signal at this location is a high - priority item. Mr. Skoro also remarked on the condition of the median divider on Jamboree Road and asked if it could be improved. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report on the steps that have been taken to alleviate this condition. Bill Bailey addressed the Council regarding the addition of personnel in the Police Department. Ayes x x x x x x z A vote was taken on Mayor Pro Tem Dostal's motion, which motion carried. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1683, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Code AMENDING SECTIONS 12.16.101 B, 12.16.030 AND Enforc 12.16.040 IN CONNECTION WITH UTILIZING EMPLOYEES 0 -1683 ASSIGNED BY THE CHIEF OF POLICE FOR DIRECTING TRAFFIC IN THE CITY OF NEWPORT BEACH, • was presented for second reading. Motion x Ordinance No. 1683 was adopted. All Ayes K x x x x x 2. Ordinance No. 1684, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING Newspa CHAPTER 5.60 TO TITLE 5 OF THE NEWPORT BEACH Racks MUNICIPAL CODE, PERTAINING TO THE REGULATION OF 0 -1684 NEWSPAPER RACKS AND STANDS, was presented for second reading. Motion x Ordinance No. 1684 was referred back to staff for All Ayes x x x x x review with the newspaper industry. CONTINUED BUSINESS: 1. A report dated April 7, 1976 was presented from the Off -si Community Development Department regarding the Prkg/ request of the Old Spaghetti Factory restaurant to Old amend the approved off -site parking agreement to Spaghe relocate the subject off -site parking spaces. Factor A report was presented from the Traffic Affairs Committee. • The following people addressed the Council and opposed the relocation of the off -site parking spaces: Bob Roubian, owner of the Crab Cooker; Roger Bloxham, owner of the property involved in the original Volume 30 - Page 136 LJIIY TI { per to tti ROLL CALL • Motion Ayes Motion Ayes Noes Motion Ayes s ain • CITY OF NEWPORT BEACH June 14, 1976 off -site parking agreement; Steve Kimball, owner of Newport Cyclery; and Michael Gering, attorney representing the Crab Cooker. MINUTES Cecil Wright, attorney for the Spaghetti Factory, and William Blurock, owner of the lot currently being used by the Spaghetti Factory for off -site parking, addressed the Council. Mr. Wright was granted seven minutes for his presenta- tion. Councilman Ryckoff made a motion to adopt a resolution authorizing execution of an amendment to an approved off -site parking agreement between the City and Dussin Investment Company (The Old Spaghetti Factory), to relocate the subject off -site parking spaces; and to direct the staff to implement the recommended parking and circulation plan for the Arcade. Traffic Engineer Bill Darnell gave a brief staff report regarding the circulation plan for the Arcade. A vote was taken on Councilman Ryckoff's motion, which motion failed to carry. Councilman McInnis made a motion to direct the staff to implement the Arcade circulation plan, to review the implementation of the plan periodically and to come back to Council in September with the results of this implementation, which motion carried. 2. A report was presented from the Parks, Beaches and Recreation Commission regarding a proposed "Open Space" bond election. A report was presented from the Administrative Assistant to the City Manager regarding proposals for the appraisals of the Castaways and Land Trade Remnant properties in the Back Bay. A letter from Stewart C. Woodward was presented stating that he has purchased the Inspiration Point lots that were being considered for acquisition and asking that these lots not be included in the bond election. Identical resolutions from the Eastbluff Homeowners Community Association, the Nortbluff Park Community Association, the Bluffs Homeowners Community Associ- ation, the Northbluff Villas Community Association and the Plaza Homeowners Community Association were presented endorsing the recommendation of the Planning Commission that the "Land Trade Remnant" parcel be acquired as public open space. A letter from the Newport Crest Homeowner's Associ- ation was presented requesting that the site on the bluff above Pacific Coast Highway in front of Newport Crest be included in the proposed bond election. volume 30 - Page 137 INDEX Park & View Sites COUNCILMEN CITY OF NEWPORT BEACH MINUTES DLL CALL m a9r?s"s2 June 14 6 INDEX 1 An additional resolution from the Mariners Community • Association was received after the agenda was printed supporting the purchase of the "Land Trade Remnant." Motion x Councilman Dostal made a motion to continue the matter to July 26, 1976. John Stuart addressed the Council regarding the "Land Trade Remnant." Ayes x x x x x A vote was taken on Councilman Dostal's motion, which motion carried. 3. A report was presented from the City Attorney regarding Dogs/ an amendment to the Municipal Code relative to "biting Vicious dogs." 0 -1685 Proposed Ordinance No. 1685, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.100 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "BITING Motion x DOG - REPORT - CUSTODY AND CONTROL," was introduced Ayes K x x x x x and passed to second reading July 12, 1976. 4. In regard to absenteeism on the Litter Control Litter Citizens Advisory Committee, a letter was presented Control from Committee member Vera Michalchik explaining her Citizens absence from meetings and stating that she looks Adv Cmte forward to participating as an active member of the Committee. Motion x District 2 Councilman McInnis' appointment of a Ayes C x x x x x member to replace Rich Taylor was continued to June 28. CURRENT BUSINESS: 1. A letter from Jane Colby Parks was presented request- Driveway/ ing a driveway into property at 1610 E. Balboa 1610 E. Boulevard. Balboa Blvd A report was presented from the Public Works Director. Jane Parks addressed the Council and stated she was present to answer any questions. Motion x The subject request was approved. Ayes C x xxxx 2. A letter from Thomas W. Quintin was presented asking Police permission to appear before Council and discuss a Tow Truck towing contract for Newport Beach Police Department. Service The City Manager stated that the applicant had requested the matter be continued since he was unable to be present. ;ion x The matter was continued to July 26, 1976. s CExxxxx 3. A report was presented from the Public Works Director Encroaahm_, regarding the request of Charles Dedman to construct 3329 Ocean Blvd. Volume 30 - Page 138 ROLL CALL Won Motion Ayes Noes Motion Ayes Motion or MIKA901 F • i _ 'ai MINUTES a retaining wall and stamped concrete pavement in the public right -of -way adjacent to 3329 Ocean Boulevard. Councilman Ryckoff made a motion to approve subject request. Mayor Pro Tem Dostal made a substitute motion to approve the request subject to revocation by the City in case the property is necessary for public use, which motion carried. 4. A report was presented from the Public Works Director regarding a request from the Cannery Village Associa- tion to permit the installation of an identification sign for Cannery Village. Installation of the sign was approved, subject to the following conditions: (a) That the sign and structure shall be placed as recommended by staff. (b) That there be no advertising placed on the sign or structure. (c) That the sign and structure be properly maintained. (d) That an encroachment permit be secured from the Public Works Department. (e) That the applicant be notified in writing that the permit is revocable and the sign and structure will have to be removed if conditions are not met. 5. Mayor Rogers requested the City Clerk to open and announce the proposals received by her on or before the hour'of 7:30 P.M. on June 14, 1976 for a contract covering the publication 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. The Clerk stated that two bids had been received from the Newport Harbor Ensign and from the Orange Coast Daily Pilot. The Clerk opened the bids and announced the basic bid proposals as follows: Per Column Inch Newport Harbor Ensign $1.40 Orange Coast Daily Pilot $3.91 INDEX Cannery Village/ Signs Legal Notices Resolution No. 8784, awarding a contract to Newport R -8784 Harbor Ensign for the publication of legal notices and other matters and designating an official news- paper for publication of notices for the fiscal year ending June 30, 1977, was adopted. Volume 30 - Page 139 ROLL 4 Ay Mo Ay Mo l Ay L_ 4- COUNCILMEN iso\?Po\00- °s l� °z CALL Community Y P T S June 12 Procedures Proposed Ordinance No. 1686, being, AN ORDINANCE 0 -1686 OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY RELATE TO THE SETTING OF 6. Ri FILING, APPEALS AND OTHER FEES IN CONJUNCTION WITH ZONING ACTIONS, Planning Commission Amend- ment No. 468, a request initiated by the City of Newport Beach to amend Title 19 and Title 20 of w: 1 to permit.,filing fees. (Report from the Com- munity Development Department) .e following ordinances were introduced and passed to cond reading on June 28, 1976: P( lion x go =s K x x x x x N 1! 7. A ri C: M] ai :ion x a 's K K x x x x x ri 8. A t] H: fl to M, ti :ion x 01 ;s x x x x x C< CONSENT The fo: :ion x the act �s x x x x 1. TI pi 0 2. T1 at (Z (t ' (C • NUATZ129121 i, 1976 MINUTES INDEX .view of the Council Policy Manual in accordance Council .th Council Policy Statement A -5 requiring Council Policy licy Manual review during June following any Manual tneral municipal election was continued to July 12, Review 176. letter from Stephen E. Donaldson was presented :signing from the Environmental Quality Control .tizens Advisory Committee. 7. Donaldson's resignation was accepted with regret; id (District 5) Councilman Ryckoff's appointment of. member to fill the vacancy created by Mr. Donaldson' !signation was continued to July 12, 1976. Environmtl Quality Control Citizens Adv Cmte letter from Carolyn B. Dunn was presented stating City Tat her increased responsibilities at the Newport Arts arbor Art Museum make it necessary for her to resign Comsn :om the City Arts Commission upon completion of her trm on June 30, 1976. 's. Dunn's resignation was accepted with regret, ie City Clerk was directed to prepare a Certificate Appreciation, and the letter was referred to the iuncil Appointments Committee.. ' CALENDAR: .lowing items were approved by one motion affirming :ions on the Consent Calendar: ie following ordinance was introduced and set for Community :blic hearing on June 28, 1976: Dev Dept Procedures Proposed Ordinance No. 1686, being, AN ORDINANCE 0 -1686 OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY RELATE TO THE SETTING OF FILING, APPEALS AND OTHER FEES IN CONJUNCTION WITH ZONING ACTIONS, Planning Commission Amend- ment No. 468, a request initiated by the City of Newport Beach to amend Title 19 and Title 20 of the Newport Beach Municipal Code as they relate to permit.,filing fees. (Report from the Com- munity Development Department) .e following ordinances were introduced and passed to cond reading on June 28, 1976: ) Removed from Consent Calendar. Proposed Ordinance No. 1687, being, AN ORDINANCE Massage OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER Parlors 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE BY 0 -1687 ADDING SECTION 5.50.175 PERTAINING TO MASSAGE PARLORS. (Report from the City Attorney) :) Proposed Ordinance No. 1688, being, AN ORDINANCE Tattooing OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 0 -1688 6.20 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING SECTION 6.20.195 PERTAINING TO TATTOOING ESTABLISHMENTS AND OPERATION REGULATIONS. (See above report from the City Attorney) Volume 30 - Page 140 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \?'�n�a�9r\aN \*^ \1Z�Z� June 14, 1976 IND (d) Proposed Ordinance No. 1689, being, AN ORDINANCE Speed OF THE CITY OF NEWPORT BEACH AMENDING SECTION Limit 12.24.090 OF THE NEWPORT BEACH MUNICIPAL CODE TO 0 -168 • ESTABLISH A SPEED LIMIT ON VISTA DEL ORO FROM EASTBLUFF DRIVE (CORONA DEL MAR HIGH AREA) NORTHERLY TO VISTA DEL SOL. (Report from the Public Works Department) (e) Proposed Ordinance No. 1690, being, AN ORDINANCE Speed OF THE CITY OF NEWPORT BEACH AMENDING SECTION Limit 12.24.100 OF THE NEWPORT BEACH MUNICIPAL CODE TO 0 -169 ESTABLISH A SPEED LIMIT ON VISTA DEL ORO FROM VISTA DEL SOL, NORTHERLY TO EASTBLUFF DRIVE. (See above report from the Public Works Department 3. The following resolutions were adopted: (a) Resolution No. 8785 authorizing an' allowance of Mayor One Hundred Fifty Dollars per month to the Mayor Allow in accordance with Section 404 of the Charter. R -878 (b) Removed from Consent Calendar. (c) Resolution No. 8786 authorizing the Mayor and PB &R City Clerk to execute an agreement between the R -878 City of Newport Beach and the County of Orange for recreational use of County Tidelands at 1901 Bgyside Drive. (Report from Parks, Beaches and Recreation Director) • (d) Resolution No. 8787 authorizing the Mayor and Polic City Clerk to execute an agreement between the Dept City of Newport Beach and the City of Irvine in R -87E connection with Supplemental Law Enforcement Services. (Report from Police Department) (e) Resolution No. 8788 authorizing the Mayor and OrCo City Clerk to execute an agreement between the Healt City of Newport Beach and the County of Orange Servi in connection with City- County Health Services. R -871 (Report from the City Manaser) (f) Resolution No. 8789 authorizing the Mayor and Bicei City Clerk to execute an agreement between the tei City of Newport Beach and Hardy House Publishing Pict( Company for a second printing.of the Newport Hist( Beach Bicentennial Magazine. (Report from City R -871 Attorney) (g) Resolution No. 8790 awarding a contract to All Stre American Asphalt in connection with street Resir, resurfacing - Dover Shores - Westcliff Area 1975• 1975 -76, Contract No. 1809. (Report from Public R -87! Works Director) (h) Removed from Consent Calendar. • (i) Resolution No. 8791 awarding a contract to Chino Pipeline in connection with 18" Zone II water Wate: Trani transmission main in alley south of and in East CdM Coast Highway from Marguerite Avenue to Garret R -87' Drive in Corona del Mar, Contract No. 1663. (Report from Public Works Director) Volume 30 - Page 141 EX s s D 's ance 5 i e h h .ces 18 L_ finial Trial (ry 19 at -76 10 s Main/ )1 ROLL L� E CONCILMEN ir_07\01 \ \\\Ick, MINUTES CALL ;av'AsSZ June INDEX , (j) Resolution No. 8792 designating an intersection Stop Signs at which vehicles are required to stop and R -8792 Idirecting the traffic engineer to erect necessary stop signs (Ford Road and San Miguel Drive). (Report from the Public Works Department) (k) Resolution No. 8793 designating an intersection Stop Signs at which vehicles are required to stop.and R -8793 directing the traffic engineer to erect necessary stop signs (Birch Street at Dove and Quail Avenues). (Report from the Public Works Department) (1) Resolution No. 8794 authorizing the Mayor and Off -site City Clerk to execute an off -site parking agree- Prkg/ nent between the City of Newport Beach and Irvin Lakeside W. Martenson in connection with dancing in Restaurant Lakeside Restaurant, Koll Center Newport. R -8794 (Report from the Community Development Department) (m) Resolution No. 8795 authorizing the Mayor and Off -site City Clerk to execute an off -site parking agree- Prkg/ ment between the City of Newport Beach and 2441 E. Randall H. Johnson, Balboa Island, in connection Coast U., with the establishment of a restaurant facility R -8795 with on -sale beer and wine, located at 2441 East Coast Highway. (Report from the Community Development Department) I (n) Resolution No. 8796 authorizing the Mayor and Off -site City Clerk to execute an off -site parking agree- Prkg/ ment between the City of Newport Beach and Ali Marrakesh Rabbani, Larry Smith, and Only, Inc. in connection Restaurant with the Marrakesh Restaurant located at 1100 R -8796 West Coast Highway. (Report from the Community Development Department) (o) Resolution No. 8797 authorizing the Mayor and Semeniuk City Clerk to execute an agreement between the Slough City of Newport Beach and Raub, Bein, Frost & R -8797 Associates in connection with the engineering and surveying services for the West Newport "Oxbow Loop." (Report from the Assistant City Attorney) (p) Resolution No. 8798 authorizing the application Newport to the Southern California Association of Govern- Island ments (SCAG) for a grant from the Local Trans- Channel portation Fund for the construction of a bicycle/ Bicycle/ pedestrian bridge over the Newport Island Pedestrn channel. (Report from the Public Works Director) Bridge R -8798 (q) Resolution No. 8799 authorizing the execution of an agreement between the City of Newport Beach Jamboree and the County of Orange in connection with the Slope Jamboree Road slope construction project. Construc- (Report from the Public Works Director) tion ' R -8799 (r) Resolution No. 8800 approving a parcel map for Resubdivision No. 519 (northwesterly corner of Resub 519 North Bristol Street and Dove Street, Newport R -8800 Place) and accepting the offers of dedication in connection therewith. (Report from the Public Works Director) . Volume 30 - Page 142 COUNCILMEN ilv\lt ie� \&n CITY OF NEWPORT BEACH MINUTES OLL CALL ➢��a9r�N T 2 N June 14, 1976 INDEX (s) Resolution No. 8801 establishing health service Health fees for massage parlors and tattoing establish- Service • ments. Fees R -8801 4. The following communications were referred as indicated: (a) To staff for reply, letter from Frank L. Fulton, Bay Balboa Island Improvement Association President, Pollution extending a "thank you" for steps taken toward cleaning up the Bay; and a request that greater effort be expended in cleaning the beaches. (Copies sent to Council) (b) To staff for reply, letter addressed to Francis Jamb Rd J. Murphy from Assemblyman Robert E. Badham. Median regarding a traffic breaker at the intersection Paving of Bison and Jamboree Road in response to her letter. (Copies sent to Council) (c) To staff for appropriate action, letter from the Public Department of Industrial Relations Division of Works Apprenticeship Standards addressed to Awarding Awards Agencies relating to Notice of Public Works Awards and informing such agencies of the necessity of sending copy of the award to the Division of Apprenticeship Standards. (Copies sent to Council) (d) To staff for study and report back, letter from Residential • Helane E. Joy, Newport Harbor -Costa Mesa Board Building of Realtors President regarding Ordinance No. Records 1462 (Truth in Real Estate Selling) and requesting that this Ordinance either be enforced or repealed. (Copies sent to Council) (e) To Council representative to SCAG for appropriate Inter- action, letter from Frank N. Marshott, Inter- County County Airport Authority Chairman, to the Council Airport regarding the ICAA and its investigation of Authority possible solutions to the deficiency forecast in public air carrier service and requesting the City to support the ICAA study effort and include it in the SLAG Unified Work Program. (Copies sent to Council) (f) To staff for reply, letter to Mayor Rogers from Tow Truck Richard C. O'Brien regarding police department Services towing procedures. (Exhibit) (g) To Planning Commission for study and recommenda- Height tion, petition signed by seven property owners RestriCtioI on Poppy Avenue requesting Council to initiate a Hazel Av/ study of restriction of height limit along the CdM east side of Hazel to include the 200 and 300 blocks. (Copies sent to Council) • (h) To staff for study and report back, letter from Gas Roy B. Woolsey regarding prohibition of self- Stations service gas stations from having pumps which do not have automatic pumping, thereby increasing possibility of lung damage. (Copies sent to Council) Volume 30 - Page 143 COUNCILMEN CITY OF NEWPORT BEACH `t y p� �1A� ROLL CALL m a Vr AN T 12 N June 14- 1976 MINUTES 1hinav ty (i) To staff for inclusion in on -going study, a Universi resolution from the Transportation Committee of Drive the Newport Harbor Chamber of Commerce in support Extensic of preparation of an Environmental Impact Study for the extension of University Drive to deter- mine the need for the extension and to identify and assess the benefits or disadvantages which may result. (Exhibit) 5. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letter from N. R. Rousselot urging continuation Animal of efforts to keep beaches and walkways free of Control dog excrement. (Copies sent to Council) (b) Letter from Betty Heckel opposing Council's commendation of building freeways, transporta- tion corridors, etc. between Corona del Mar and Laguna Beach as well as San Joaquin Road. (Copies sent to Council) (c) Letter from Alan L. Blum expressing admiration of Council's stand on down -coast development regarding access roads being built prior to building construction and stating it would be admirable if the same philosophy were applied to the City of Newport Beach. (Copies sent to Council) • (d) Letter from Joyce Reaume, Lido Isle Woman's President, expressing gratitude for approval of the Lido Isle Bridge Pedestrian Walkway and re- questing that there be no delay in construction. (Copies sent to Council) (e) Letter from Arlese Hedges regarding smoking ban in department stores, elevators and Council Chambers. (Copies sent to Council) (f) Copy of letter to Teleprompter Corporation from Arthur Young & Company regarding 1975 monthly cash receipts for the City of Newport Beach franchise area. (Copies sent to Council) (g) Letter from California Highway Commission stating that a conventional highway routing from Bayside Drive to 0.1 mile west of Dover Drive /Bayshore Drive was adopted. (Copies sent to Council) (h) Letter to the City Manager from Wayne Hauser of Community Cablevision, Inc. regarding full -scale Pay -TV entertainment programming in Orange County. (Exhibit) (i) Letter to the Mayor from Elizabeth Brozowsky expressing appreciation for cooperation in preparing City seals /logos and flags for use in display by the County Board of District Super- visors. (Pictures on file in City Clerk's office) (Exhibit) Volume 30 - Page 144 ty ROLL CALL • J • UNCILMEN CITY OF NEWPORT BEACH MINUTES (j) Copy of letter to Animal Control Department from C. A. Crain regarding improvement in the dog control situation and suggesting new signs be installed in park areas in Corona del Mar. (Exhibit) (k) Letter to the City Manager from Senator Dennis E. Carpenter regarding SB 1644 and stating he will keep City's opposition to the bill in mind during the Senate debate. (Exhibit) (1) Notice from Russell, Schureman, Fritze & Hancock regarding Continental Trailways, Inc.'s applica- tion with the PUC to increase passenger fares and express charges. (m) Notice of Public Hearing of the Orange Countv Board of Supervisors regarding development of Arterial Bikeway System along Back Bay Drive. (Copies sent to Council) (n) Master Plan for Emergency Medical Services Element (Paramedics). (o) Agendas for Board of Supervisors meetings held May 25, 26, June 1, 2, 8, 9, 10, 11, and 14, 1976. (p) Notice of meeting from County Clerk's office for City Selection Committee held on June 10. (Copies sent to Council) (q) Booklet entitled "Dollars and Sense" sent by the California Coastal Zone Conservation Commission. (39 -page booklet on file in City Clerk's office) (r) Notice from the California Housing Finance Agency to all City Councils and County Boards of Supervisors regarding first round funding of the CHFA Neighborhood Preservation Program. (Copies sent to Council) (s) Copy of letter to Contractors' State License Board from John and Betty C. M. Messmer regarding a consumer complaint against a contractor. (Copies sent to Council) (t) Letter to the Public Works Director from the U. S. Coast Guard enclosing a copy of its response to Dr. Edwin Amyes' request for a public hearing regarding the Pacific Coast Highway bridge. (Exhibits) 6. The following claims were denied and the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Patricia Dunlap for property damage and personal injuries allegedly sustained when she was involved in an accident with a City vehicle at Newport Boulevard and Hospital Road on May 12, 1976. Volume 30 - Page 145 INDEX Claims Dunlap ROLL COUNCILMEN MINUTES CALL � ;N�a�yr��'�T�Sy o June 14, 1976 INDEX (b) Claim of Hillary F. Thamer for personal injuries Thamer to her daughter Mary Theresa Thamer and damage ' to Mary's bicycle allegedly caused when a wheel caught in a groove on the sidewalk causing her to fall in the 2000 block of West Ocean Front on May 14, 1976. 7. The City Clerk's referral of the following Summons and S/C Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of John H. Leach, II for Leach damages for assault, battery and intentional infliction of emotional distress, Case No. 246693. (b) Summons and Complaint of State Farm Fire and Stansbury Casualty Company for Robert Stansbury for inverse condemnation and negligence for damage to his driveway by roots of City trees, Case No. 25107. (c) Summons and Complaint of Walter Prior for false Prior arrest and assault and battery, Case No. 246184. (d) Summons and Complaint for damages of Janina S. Madurowicz Madurowicz, Case No. 247591. (Original claim for personal injuries sustained when she tripped on a raised sidewalk and fell down some steps in the vicinity of 6208 Pacific Coast Highway) I8. The City Clerk's referral of the following Notice of Late Claim Hearing to the City Attorney for appropriate handling was confirmed: (a) Notice of Hearing on Petition for Order of White Relief from Requirement of Presenting Claim of Peggy Meggs White. 9. The following request to fill personnel vacancies was Personnel approved: (Report from the City Manager) Vacancies (a) One Police Officer in the Police Department to fill a position now vacant. (b) One Water Meter Man in the Public Works Depart- ment to fill a position now vacant. (c) One Equipment Mechanic I in the General Services Department to fill a position now vacant. (d) Two Refuse Crewmen in the General Services Department to fill positions now vacant. 10. The following staff report was received and ordered filed: (a) Memorandum from the Chairman of the Parks, Park Beaches and Recreation Commission reviewing Park Standards ' Standards. (Exhibit) Volume 30 - Page 146 COUNCILMEN CITY OF NEWPORT BEACH A. ROLL CALL N June 14, 1976 • r • MINUTES 11. The following matters were set for public hearing on June 28, 1976: (a) Planning Commission Amendment No. 466, a request of Koll Center Newport to amend the Planned Community Development Plan for "Koll Center Newport" to permit changes in the Land Use Map and Text, and the certification of an environ- mental document; located on property bounded by Jamboree Road, Campus Drive and MacArthur Boulevard. (Report . from the Community Develop- ment Department) (b) Planning Commission Amendment No. 467, a request initiated by the City of Newport Beach to amend the Harbor View Hills Planned Community Text relative to setbacks; located between San Joaquin Hills Road and Ford Road, easterly of MacArthur Boulevard. (Report from the Community Development Department) INDEX Koll Center Newport PC Amendment Harbor View Hills PC Amendment 12. The work on the Cement - Mortar Lining of Cast Iron Water Mains Water Mains on Balboa Peninsula 1975 -76 (C -1750) was Balboa accepted; the City Clerk was authorized to file a Peninsula Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (Report from the Public Works Director) 13. The City Manager's expense account in the amount of Expense $693.36 for attendance at the LEAA Grant and Flood Account Insurance conference in Washington, D.C. on June 2 through June 5, 1976 was approved. 14. The following Budget Amendments were approved: BA -77, $900 transfer of funds for purchase of micro- wave security system for Mariners Branch Library, from Libraries -Book Purchase to Libraries, Equipment, N.O.C., Library Fund. BA -78, $21,824.50 transfer of funds for award of Contract No. 1809, Street Resurfacing Dover Shores - Westcliff Areas; 1975 -76, from Resurface Birch /Bristol, MacArthur to Annual Street and Alley Program, General Fund. BA -79, $16,000 increase in Budget Appropriations and decrease in Unappropriated Surplus for gunite repair of columns and deck replacement with new poured concrete - Goldenrod Pedestrian Bridge, General Fund. BA -80, $6,200 increase in Budget Appropriations and decrease in Unappropriated Surplus for modification of hose tower and ladder assemblies at Newport Center Fire Station 113, and the installation of stop- motion pressure plates to the large roll -up overhead doors, General Fund. BA -81, $22,073.67 increase in Budget Appropriations and decrease in Unappropriated Surplus for installa- tion of 18" Zone II water transmission main and appur- tenances in conjunction with Contract No. 1663, Water Fund. Volume 30 - Page 147 COUNCILMEN `L �p\\��w1a•;2 3': ROLL CALL Alp a^ S N June 14 BA de fu Re Re ITEMS R 1. A me re Pa Motion x Ma Ayes x x x in Noes C K x x cc Vi ca Motion x Cc Ayes K x x x di Noes x x ca 2. A re we an A 01 on x Ar xxxx BE 3. A Ci di tt Mi Ii PE Ci Motion x M. ti e2 0 C: J1 tc Pc s: Motion x Cc Ayes C K xxxxx Rc x I.L. Ayes x tc K x xxx x we �s s: m( 1976 MINUTES -82, $16,200 increase in Budget Appropriations and crease in Unappropriated Surplus for balance of nds for development of Ensign View Park, Park and creation Fund. EMOVED FROM THE CONSENT CALENDAR: report was presented from the Public Works Depart - nt and the Parks, Beaches and Recreation Department garding the construction of Phase One of Ensign View rk (C- 1800). yor Rogers made a motion to adopt a resolution award - g a contract to Plaza Landscape, Inc., Orange, in nnection with.construction of Phase One of Ensign ew Park, Contract No. 1800, which motion failed to rry. uncilman Ryckoff made a motion to reject all bids and rect the staff to modify the plans, which motion rried. report was presented from the City Attorney garding an amendment to the Municipal Code which uld delete Balboa Park from the areas where sound plification equipment is prohibited. proposed ordinance, being, AN ORDINANCE OF THE CITY NEWPORT BEACH MUNICIPAL CODE DEALING WITH SOUND PLIFICATION EQUIPMENT BEING PROHIBITED ON PUBLIC ACHES, was not introduced. report from the Administrative Assistant to the ty Manager regarding the 4th of July fireworks splay at Irvine Coast Country Club was removed from .e Consent Calendar at the request of Michael Lawlor. chael Lawlor addressed the Council in behalf of the stitute for Advanced Marine Research and asked for rmission to sell "safe and sane" fireworks in the ty of Newport Beach. yor Pro Tem Dostal made a motion to adopt Resolu- on No. 8802 authorizing the Mayor and City Clerk to .ecute an agreement between the City of Newport Beach ewport Beach Bicentennial Committee) and the lifornia Fireworks Display Company for Fourth of .ly Fireworks Display Program, and to direct the staff bring back an ordinance permitting the use and ssession of fireworks within the City, but not the .le thereof. uncilman McInnis made a substitute motion to adopt .solution No. 8802, which motion carried. .yor Pro Tem Dostal made.a motion to direct the staff bring back to the next meeting an ordinance which Auld legalize the possession and use of "safe and me fireworks in the City of Newport Beach, which ,tion failed to carry. Volume 30 - Page 148 INDEX Ensign View Park Sound Amplifica- tion Fireworks R -8802 COUNCILMEN CITY OF NEWPORT BEACH \",p O pQ�� .f �AAP� FO m ROLL CALL a9rps' T12 i June 14, ion Ayes 1976 ADDITIONAL BUSINESS: MINUTES INDEX 1. The joint position statement pertaining to the role Orange of the Orange County Airport as it relates to County commercial air transportation was approved as follows: Airport (a) The Orange County Airport shall continue operating as a short -haul metroport, and shall emphasize and encourage flights to Los Angeles International Airport and Ontario International Airport. (b) The County shall agree not to lease space at the Orange County Airport to any new air- lines. (c) The Orange County Board of Supervisors shall take whatever action is deemed necessary to reduce noise below its current level as is required by the State's noise standards. (d) The County of Orange shall designate Ontario International Airport as the regional airport which can facilitate Orange County's future demands for medium and long -haul air trans- portation. (e) The County of Orange shall develop a rapid transit system to Ontario International Airport. Mayor Rogers adjourned the meeting at 1:55 A.M., June 15, 1976. ATTEST: ty Volume 30 - Page 149 Mayor