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Home My WebLink About12/20/1976 - Adjourned Regular MeetingCOUNCILMEN 0��G\2 0 ROLL CALL \ ADJOURNED COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: December 20, 1976 MINUTES Present x x x x x x x Roll Call. on x The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk A es x x x x x x x was directed to read by titles only. HEARINGS: 1. Mayor Dostal opened the public hearing regarding W. Coast Hwy an Initial Study for an Environmental Impact Widening Report - Negative Declaration for the widening of West Coast Highway (south side) from 57th Street to the Santa Ana.River. A report was presented from the Public Works Director. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one desired to be heard. The Negative Declaration was accepted; the staff R -8958 Motion x was directed to file a Notice of Determination Ayes x x K x x x x with Orange County in forty -five days unless significant adverse comments are received by the City during that period; and Resolution No. 8958, requesting the County of Orange to include within the Arterial Highway Financing Program for Fiscal Year 1977 -78 the widening of a portion of West Coast Highway (57th Street to the Santa Ana River), was adopted. • ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1702, being, AN ORDINANCE OF THE CITY OF NEWPORT Waiver/ BEACH AMENDING SECTION 15.04.090 OF Bldg THE NEWPORT BEACH MUNICIPAL CODE Permit PERTAINING TO WAIVER OF BUILDING Fees PERMIT AND RELATED FEES, 0 -1702 was presented for second reading. Motion x Ordinance No. 1702 was adopted. Ayes x x x x x x x 2. Ordinance No. 1703, being, AN ORDINANCE OF THE CITY OF NEWPORT Waiver/ BEACH ADDING SUBSECTION 7007(a) TO Grading SECTION 15.04.230 OF THE NEWPORT Permit BEACH MUNICIPAL CODE, PERTAINING TO Fees WAIVER OF GRADING PERMIT AND RELATED 0 -1703 FEES, was presented for second reading. on x Ordinance No. 1703 was adopted. x x x x x x x Volume 30 - Page 309 CITY OF NEWPORT BEACH COUNCILMEN MINUTES o o \ A ROLL C� s CURRENT BUSINESS: 1. A report was presented from the City Manager Council regarding reappointments or replacements to Cmtes Citizens Advisory Committees. Motion x The subject was postponed to January 10, Ayes x x x x x x x 1977. 2. A report was presented from the Public Works Water Main Department regarding the Water Main Construction Const & Replacement, Corona del Mar 1976 -77, Contract Replacement No. 1808. CdM 'Motion x John T. Malloy was permitted to rescind his Ayes x x x x x x x low bid of $134,550, all bids were rejected, and the staff was directed to modify the plans and specifications for the project. 3. A report was presented from the Marine Department Council regarding a proposed amendment to Council Policy Policy H -1, "Harbor Permit Policies" in connection with bulkheads. Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest. Marine Director David Harshbarger gave a • brief staff report. City Manager Robert Wynn advised the Council that the Chamber of Commerce had requested that action on this proposed amendment be postponed until it could be reviewed by its Marine Division. Motion x The subject was postponed to January 24, 1977. Ayes x x x x x x x Mayor Pro Tem Barrett resumed his seat at the Council table. 4. A report was presented from the Public Works W Npt Park & Director and the Parks, Beaches and Recreation Seashore Dr Director regarding West Newport Park Improve- Improvements ments and Seashore Drive Improvements. Resolution No. 8959, awarding a contract to R -8959 Plaza Landscape in connection with West Newport Park Improvements and Seashore Drive Improvements from 100 feet east of 55th Motion x Street to Summit Street, Contract No. 1767, Ayes x x x x x x x was adopted. 5. A report was presented from the Bicentennial Bicentennial Citizens Advisory Committee regarding the CAC annual fireworks display and requesting a • budget amendment to cover the cost. Motion x Councilman Kuehn made a motion to deny the Ayes x x x kequest, which motion failed to carry. Noes x x x x Volume 30 - Page 310 COUNCILMEN c� � 9 C 2 'pp s ROLL CALL 1r Ay No Mo Ay 4 MINUTES December 20. 1976 tion x Mayor.Dostal made a motion to direct the staff to prepare the necessary documents to request a Budget Amendment for $6,500, and instruct the staff to work with other community associations and the Chamber of Commerce for partial funding. Mayor Pro Tem Barrett asked that the motion be amended to provide for City participation in the amount of $4,000 and to go to the community for the remaining $2,500, which amendment was accepted by the maker of the motion. es x x x x A vote was taken on Mayor Dostal's amended es x x x motion, and the staff was directed to prepare the necessary contract documents, to budget $4,000 from the General Fund and $2,500 from donations for City participation in the annual fireworks display, and the staff was directed to contact the Chamber of Commerce and other community organizations regarding their partici- pation in the $2,500, which motion carried. CONSENT CALENDAR: tion x The following items were approved by one motion es x x x x x x x affirming the actions on the Consent Calendar: 1. The following communications were referred as indicated: (a) To staff for reply, a letter enclosing PB&R ' a petition with 120 signatures from Dept Craig N. Thompson regarding the change in the structure of the City's Parks, Beaches and Recreation Department. (Copies mailed to Council) (b) To the City's representative to the Orange Revenue County Division of the League of California Sharing/ Cities, a letter and resolution from the County /City League requesting the City take a position and be prepared to vote at the next meeting on the continuation of the County -City Cooperative General Revenue Sharing Program. (Copies mailed to Council) 2. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Letters in favor of the City's application for 3rd year HUD funding for a Senior Citizens Center from Joan S. Petty, Ruth and Dave Gilbert, Alice and Franklin Remer and Val Sherman. (Copies mailed to Council) (b) A letter from Buster Hammond regarding the Balboa Island Improvement Association appeal Variance No. 1059, in connection with the ' Hammond's proposed alterations. (Copies mailed to Council) I Volume 30 - Page 311 COUNCILMEN yp q pp��L �G\i R`�� q� q� p�.b Syr S � � ROLL C LL \ December 20, 1976 MINUTES INnFY (c) Letters in favor of Variance No. 1059 from Charles M. Wickett, Allen E. Smith, R. William Speier, • Ken Morgan, John E. Lindfors, Lorraine E. Hess, Truman W. Lattin, Hunter Wilson, William R. Parks III, Richard G. Young, Dr. Geoffrey F. Collins, Dr. W. R. Mannclash, Robert B. Smith, Mrs. Audrey N. Graham and Marion Kensey. (Copies mailed to Council) (d) A letter opposing Variance No. 1059 from Rosemarie L. Bean. (Copies mailed to Council) (e) A summary of Orange County's pro- posed comprehensive annual services program plan for Title XX funding for the period of July 1, 1977 to June 30, 1978. (Exhibit) (f) Removed from the Consent Calendar. (g) A resolution of the City of Costa Mesa requesting the Orange County Board of Supervisors to establish a County Service Area in unin- corporated areas of the County. (h) Notice of Order Instituting Investi- • gation before the Public Utilities Commission for the purpose of establishing a list for the year 1977 -78 of existing and proposed grade crossings in need of alteration or reconstruction. (i) Agenda of the Board of Supervisors meetings of December 14 and 15, 1976. (j) A bulletin from the California Water Resources Association on an article written for the Los Angeles Times by Louis H. Winnard entitled "The Rape That's Not" stating the Relationship of Los Angeles and Owens Valley Is One of Mutual Benefit. (Copies mailed to Council) • i Volume 30 - Page 311(a) COUNCILMEN MINUTES •pp * 9 Cp C �� 'p \ F`\2 �9s %4%A p"., y yr ROLL CALL \ \ December 20, 1976 lNncv 3. The following claims were denied and the City Clerk's referral to the insurance carrier was confirmed: • (a) Claim of Paul Farrell through his insurance Farrell carrier, United Services Auto Association represented by P. E. Brown and Company Insurance Adjusters, for damage to his car allegedly sustained when his wife was pulling onto the Pacific Coast Highway near the Arches Restaurant and was struck by a City vehicle on October 16, 1976. (b) Claim of Aetna Life & Casualty for M. Aetna Life Moran dba Moran Properties for damage to & Casualty Ms. Moran's car allegedly sustained when she was struck by a City vehicle in the parking lot north of Penny's in Fashion Island on October 4, 1976. (c) Claim of Gretchen Anne Fyke and John Fyke Campbell Fyke (minors) by Carolyn B. Fyke and Carolyn B. Fyke for personal injuries allegedly sustained in a car accident near the intersection of Newport Hills Drive West and Port Margate on or about October 25, 1976 stating.City negligence because of a lack of signs or stop lights in the area. (d) Claim of Diane Louise Keberle (a minor) Keberle for personal injuries sustained when she stepped on a loose screw while walking barefooted inside Mariners Library on November 30, 1976, alleging City negligence. 4. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was confirmed: (a) Four Summons and Complaints and Cross- Tebault Complaints filed by Garrett & Dimino, Inc., attorneys for Robert Tebault dba Tebault Engineering. 5. The following request to fill personnel vacancies was approved: (Report from the City Manager) (a) One Secretary to the Police Chief in the Police Department to fill a position to be vacant. (b) One Police Clerk I in the Police Department to fill a position to be vacant. 6. The following staff report was received and ordered filed: (a) A report from the Administrative Assistant CATV to the City Manager regarding progress report on TelePrompTer's construction schedule. (Exhibit) i Volume 30 - Page 312 CITY OF NEWPORT BEACH COUNCILMEN 9p °� y pp 'PL C G+� p F� X22 9�9jD�^�C ROLL CALL \ \ December 20, 1976 MINUTES 7. The following matter was set for public hearing on January 10, 1977: (a) Alley Paving in Block 3, Balboa Tract - Alley Impr/ (City block bounded by Balboa Boulevard, Blk 3 Cypress Street, Harding Street and Adams Balboa TR Street) to determine if the unimproved alley in Block 3 of the Balboa Tract should be paved using the procedure of Chapter 27 of the Improvement Act of 1911. (Report from the Public Works Director) 8. The work on the Jamboree Road Slope Construction, Jamboree Contract No. 1810, was accepted; the City Clerk Slope was authorized to file a Notice of Completion; Const and the City Clerk was authorized to release the bonds 35 days after the Notice of Completion has been filed. (Report from the Public Works Director) 9. The plans and specifications for the North Water Main/ Bristol Water Main, Birch Street to Campus Drive, No. Bristol . Contract No. 1885, were approved; and the City Clerk was authorized to advertise for bids to be opened at 10:30 A.M. on January 11, 1977. (Report from the Public Works Director) 10. The plans and specifications for the 12 -Inch Water Main Water Main Connection at Pacific Coast Highway Coast Hwy/ and Newport Boulevard, Contract No. 1710 were Npt Blvd approved; and the City Clerk was authorized to • advertise for bids to be opened at 10:30 A.M. on January, 7, 1977. (Report from the Public Works Director) 11. The following budget amendments were approved: BA -36, $2,016.00 transfer and a decrease in Unappropriated Surplus to provide for payment by Water Fund of Newport Harbor Art Museum's share of water capital improvement acreage fee, Water Fund. BA -37, $203.00 transfer of funds for secretary for the Environmental Quality Control Citizens Advisory Committee, General Fund. BA -38, $20,000.00 transfer of funds for construction of street improvements in Seashore Drive adjacent to the West Newport Park, from Annual Street and Alley Program to Construct Street Improvements- Seashore Drive, General Fund. BA -39, $13,000.00 transfer of Budget Appropri- . ations;'£rom Annual Storm Drain Repair, General Fund, for construction'of storm drain improve- ments in the West Newport Park and Seashore • Drive, Building Excise Tax Fund. BA -40, $8,500.00 transfer and a decrease in Unappropriated Surplus for park development- construct West Newport Park, Park and Recreation Fund. Volume 30 - Page 313 COUNCILMEN 9c �� v °0 0 c�,p� /yp9c^ C 0%�'S'6 7yi RAI I CAl I �� \ December 20_ 1976 MINUTES INDEX pt for Vehicles le/ mes & dresses rking ters f3m ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A resolution from the City of Ontario was De presented protesting the practice of the Depart - Mo ment of Motor Vehicles of selling the names and Sa addresses of citizens upon request of any Na individual or company so requesting and urging Ad repeal of the law authorizing this practice. Motion x The staff was directed to prepare a similar Ayes x x x x x x x resolution to come back to Council, and the resolution of the City of Ontario was ordered filed. ADDITIONAL BUSINESS: 1. A petition signed by 28 merchants of the Lido Pa shopping area was presented requesting that the Me hoods not be placed on parking meters in this area during the Christmas shopping season due to the parking problem created by the con -. struction of the Hughes Market. A report was presented from the Traffic Engineer to the City Manager. Resolution No. 8960, suspending the operation R- of all parking meters located in the City of Newport Beach while providing that the City Manager may, in certain specified circumstances, on x determine that the suspension of meters is not appropriate, beginning on the third Monday of yes, x x x x x x December of each year and ending on January 2nd Noes x and rescinding Resolution No. 8378, was adopted. Mayor Dostal adjourned the meeting at 8:12 P.M. Mayor ON I ATTEST: City C1 i Volume 30 - Page 314 INDEX pt for Vehicles le/ mes & dresses rking ters f3m