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Home My WebLink About11/08/1971 - Regular MeetingCOUNCILMEN ?i 'f A � S A C+ N � OC 9 �Dp 8�' r� yll9 t94. �'YN ROLL CALL $� CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: November 8, 1971 MINUTES Min e Present xxxxxx Roll Call: sent x PRELIMINARY ACTIONS: Motion x 1. The reading of the Minutes of the Regular Meeting of Ayes xxxxxx October 26, 1971 was waived, and said Minutes were Absent x approved as written and ordered filed. Motion x 2. The reading in full of all ordinances and resolutions Ayes xxxxxx under consideration was waived, and the City Clerk Absent x was directed to read by titles only. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1403, being, Garbage AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "GARBAGE, REFUSE AND CUTTINGS, II was presented for second reading. lotion x Ordinance No. 1403 was adopted. Ayes xxxxxx Absent x 2. Ordinance No. 1409, being, Speed Limits AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.25. 080 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, establishing 35 mile per hour speed zone on Newport Hills Drive East, Newport Hills Drive West and Port Seabourne Way, was presented with a report from the Public Works Department. Motion x Ordinance No. 1409 was disallowed. Ayes xxxxxx Absent x 3. Ordinance No. 1410, being, Animals on AN ORDINANCE OF THE CITY OF NEWPORT Beaches BEACH AMENDING SECTION 7. 04. 030 OF THE l Volume 25 - Page 299 COUNCILMEN IL 'P -JJ ° 0 ' 9a ROLL CALL • Motion x Ayes x x Absent x • Motion Ayes Absent • x CITY OF NEWPORT BEACH November 8, 1971 MINUTES NEWPORT BEACH MUNICIPAL CODE RELATII TO PROHIBITING DOGS OR ANY OTHER ANI- MALS ON ALL PUBLIC BEACHES AND PARKS, prohibiting dogs and other animals on the ocean and bay beaches, ocean front sidewalk and public parks from June 15th to September 15th; and prohibiting them during the period from September 15th to June 15th from the ocean beaches and ocean front sidewalk between the hours of 9:00 A. M. and 5:00 P.M., un- less otherwise specified by resolution of the City Council, was presented for second reading. A letter from Paul D. Breithaupt, endorsed by Mr. and Mrs. Mavin Worthen, Anna Bertolino, Mr. and Mrs. William Nugent and Robert Spreen, Jr., re- questing that dogs be denied beach privileges was presented with a letter from Helen Wade urging a year -round ban of dogs on beaches. Ordinance No. 1410 was adopted. INDEX 4. Ordinance No. 1412, being, Employees Retirement AN ORDINANCE OF THE CITY OF NEWPORT System BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM, was presented for second reading. Ordinance No. 1412 was adopted. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1413, being, Speed Limits AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.24. 070 AND 12. 24. 080 OF THE NEWPORT BEACH MUNICI- PAL. CODE RELATING TO PRIMA FACIE SPEED LIMITS, establishing 35 mile per hour speed zones on Newport Hills Drive East and Newport Hills Drive West and Volume 25 - Page 300 COUNCILMEN ��asno� y3<°c+P��'o N9N ROLL CALL N 4 CITY OF NEWPORT BEACH November 8, 1971 MINUTES INDEX mt eet ny establishing 40 mile per hour speed zones on Ford Road between MacArthur Boulevard and new Mac- Arthur Boulevard and on new MacArthur Boulevard between. Ford Road and San Joaquin Hills Road, was presented. A report was presented from the Public Works Department. Motion x Ordinance No. 1413 was introduced and passed to Ayes x x x x x x second reading on November 22, 1971. Absent x CONTINUED BUSINESS: 1. A report was presented from the Public Works Assess Director regarding the revised preliminary report on Dist 54 proposed Assessment District 54 (Alley Paving in Newport Heights and Balboa). Motion x The staff was directed to prepare a Resolution of Ayes x x x x x x Intention to form a special assessment district for Absent x consideration on December 13, 1971. Motion x 2. The matter of the proposed relocation of Buffalo Hills Buffalo Iyes x x x x x x Park No. 2 restroom was continued to November 22, Hills Pk bsent x 1971. 3. A report was presented from the City Manager 10th Str regarding 10th Street swimming float. Float It was agreed that the staff would proceed with the construction and installation of a swimming float at 10th Street and bay front. CURRENT BUSINESS: 1. Areport was presented from the Public Works Jamb Rc Director regarding Jamboree Median Paving, Islands Median 4 and 5. Paving (4 & 5) Motion x The City Clerk was authorized to readvertise for bids Ayes x x x x x x to be opened at 11:00 A.M., December 7, 1971. Absent x 2. A letter from the Symphony Association of Orange Or Co County to Mayor Hirth regarding their request to the Sympho Orange County cities to help with their cultural and Assn educational programs within the County, and asking each city for the sum of $1, 000, was presented with a report from the City Manager. Volume 25 - Page 301 mt eet ny COUNCILMEN %t 9 .5 C� O'0 i� 0� P O T y3G%'aoa�pN ROLL -CALL N CITY OF NEWPORT BEACH November 8, 1971 MINUTES n.r9T=n • Mr. Joe Salida, representing the Orange County Symphony Association, was in the audience to answer any questions. Motion x Subject request was denied. Ayes xxxxxx Absent x 3. A report was presented from the City Manager Economic regarding consultants for the General Plan Economic Consults Studies. Evaluatic Committf The Mayor's appointment of Mayor Pro Tem Rogers, Councilman Kymla and Planning Commissioner Curt Dosh to an ad hoc Economic Consultants Evaluation Committee, consisting of at least two members of the Motion x City Council and one Planning Commissioner, to Ayes x x x x x x review proposals of consultants and to make recom- Absent x mendations to the City Council, was confirmed. 4. A report was presented from the City Manager City Dum regarding recommendation of the Development Design Property Associates regarding proposed mobile home park site development standards for 40. 26 acre surplus City - owned property at west end of 19th Street. Wotion x Councilman Parsons made a motion to refer the matter to the Planning Commission for study and endorsement. Mayor Pro Tem Rogers asked that the motion be amended to be referred to the Planning Commission for study and recommendation, which amendment was accepted by Councilman Parsons. Ayes x x x x x x A vote was taken on Councilman Parsons' amended Absent x motion to refer the matter to the Planning Commissio for study and recommendation, which motion carried. 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 Advisory Communications were ordered filed: Copy of a letter from the City of Costa Mesa to the CATV . City of Fountain Valley transmitting Joint Powers Volume 25 - Page 302 COUNCILMEN ��"os n o %9yNy��$ ROLL CALL CITY OF NEWPORT BEACH November 8, 1971 MINUTES INDEX • Agreement for Public Cable Television Authority to be executed and sent on to the City of Huntington Beach. A letter from the City of Huntington Beach enclosing CATV the original and. four copies of the Joint Powers Agreement for Public Cable Television Authority and requesting execution by the City and distribution of copies to all the cities involved. A letter from Sue Hitchman regarding preserving Upper Newport Bay as a National Wild Life Refuge. A letter of appreciation from the Commodore's Club for the use of Big Corona Beach for the annual Sand- castle Building Contest on October 31. A Notice from the Local Agency Formation Com- mission regarding hearing to be held on November 10 regarding the proposed annexation to Costa Mesa Sanitary District designated Engineers' No. 138 Annexation, located easterly of Red Hill Avenue. Notice from the Assembly Committee on Elections and Reapportionment of a public hearing to be held on the proposed reapportionment of the Assembly and Con- gressional Districts on November 3 in Sacramento. Agenda of the Board of Supervisors meetings for October 26, 27, November 2 and 3. Z. The following communications were referred as _ indicated: Referred to staff for study and report back, letter Npt from Frances Hemenway recommending additional Heights lighting in the streets and alleys of Newport Heights. Lightin Referred to staff for study and report, a letter from 34th/ Mr. and Mrs. F. D. Keeler regarding the condition Finley of the street end at 34th and Finley. Str End Referred to Mayor for reply, letter from the City of OrCo Anaheim enclosing its resolution urging the Board of Airport Supervisors of Orange County to renew the lease agreement with Air California and Air West at the Orange County Airport, and a resolution from the City of Costa Mesa urging renewal of the Air Cali- fornia lease. • Referred to Pending Legislation Committee, letter from Space the City of Yorba Linda enclosing its resolution Shuttle Progra: Volume 25 - Page 303 n COUNCILMEN �� ay do 0 ROLL CALL s CITY OF NEWPORT BEACH November 8. 1971 MINUTES INDEX urging support to secure the. Space Shuttle Program • for the State of California. Referred to Pending Legislation Committee, reso- San Pedr lution of Huntington Beach opposing the California Airport San Pedro Bay Intercontinental Airport in the ocean adjacent to Long Beach Harbor. 3. The following resolution was adopted: Resolution No. 7558 designating intersections at Stop Sign which vehicles are required to stop and directing the R -7558 Traffic Engineer to erect necessary stop signs; at Galaxy Drive (north end) and Santiago Drive, Holiday Road and Santiago Drive, Mariners Drive and Santiago Drive, Nottingham Road and Santiago Drive, Pescador Drive and Santiago Drive, Highland Drive and Mariners Drive. (A report from the Public Works Director was presented.) 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Andrew F. Spatzier for personal injuries Spatzier • which allegedly occurred when he fell on the sidewalk on the east side of the 2800 block of East Coast High- way in Newport Beach on September 15, 1971. ' Claim of Shirley L. Watson in connection with inci- Watson dents which allegedly occurred on August 5 through 8, 1971 involving property located at 907 Sandcastle, Newport Beach. Claim of Jesse Ray Barnett for personal injuries Barnett allegedly sustained on or about July 25, 1971 in the vicinity of Newport Beach Police Department and Jail. Claim of Mike Halapoff for damage to his automobile Halapoff allegedly resulting from driving over wet pavement on new MacArthur Boulevard on October 28, 1971. Claim of Alven P. Pedersen for alleged overpayment Pedersen of City business license fee. Claim of Ann R. Peterson for loss of garbage can at Peterson 2221 Vista Hogar, Newport Beach on November 2. Summons and Complaint - Violation of Civil Rights, Palmer filed by Paul Alexander Palmer in U. S. District • Court, Civil Action File No. 71- 2317 -DWW. Volume 25 - Page 304 ROLL CAI • • • COUNCILMEN N CITY OF NEWPORT BEACH November 8. 1971 MINUTES RIIN W� { 5. The following request to fill a personnel vacancy was approved: (A report from the City Manager was pre- sented) One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. 6. The following staff reports were received and ordered filed: A memorandum from the City Attorney regarding Brown Act Brown Act - Council committee meetings composed of less than a quorum of Councilmen. A memorandum from the City Attorney regarding News - regulation of hand bills and throw -away newspapers. papers A memorandum from the Parks, Beaches and Recre- Cameo ation Director to the City Manager regarding the Shores acquisition of park land in Cameo Shores and The Park Irvine Company's decision not to release said parcel of land at the present time since it might have some bearing on the downcoast development. A memorandum from the City Manager regarding Zoning zoning enforcement procedures. Enforcemt 7. The public improvements constructed in conjunction Tr 7030 with Tract No. 7030 (Upper Harbor View Homes - Newport Hills Drive and Port Sutton Drive), except MacArthur Boulevard, were accepted; and the City Clerk was authorized to release the Faithful Perfor- mance Bond and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public Works Director was presented.) 8. The proposed beach sign modernization program, as Beach recommended by the City Manager, was endorsed. Signs (A report from the City Manager was presented. ) 9• The Finance Director was authorized to pay the City's LAFCO share of legal and secretarial fees, in the amount of $768. 70, involved in seating the Orange County cities' representatives on LAFCO. (A letter was presented from Edward Just, Chairman of City Selection Com- mittee.for the Orange County Agency Formation Com- mission. ) Volume 25 - Page 305 COUNCILMEN CITY OF NEWPORT BEACH i 3 °° a -A ROLL CALL ^ November 8. 1971 MINUTES City Clerk' U INDEX 9 Christmas g I Decoratis i- N i Upper Npt Bay Fence 10. The following Budget Amendments were approved: • BA -37, $1, 705. 95 transfer of Budget Appropriations and decrease in Unappropriated Surplus for the City' share of the construction and right -of -way cost for the widening of Tustin Avenue from University Drive to Palisades Drive, from Unappropriated Surplus, State Gas Tax to Budget Appropriation, Widen Tustin Avenue between University and Palisades, Gas Tax Fund. (A report from the Public Works Director wa presented.) BA -38, $890 transfer of Budget Appropriations for office equipment in the Community Development Department for new positions being recruited for PE program from Salaries to Office Equipment, Com- munity Development, General Fund. (A report from the Community Development Director to the City Manager was presented. ) ADDITIONAL BUSINESS: 1. A report was presented from the City Manager re- garding Christmas decorations and Christmas parkin • control. A display of Christmas lights and decorations by con munity and /or business associations on City streets Motion x was approved, subject to the following conditions: Ayes x x x x x x (a) a written request from the participating communi Absent x and /or business association, (b) approval of the Traffic Engineer, and (c) approval of the Utilities Superintendent; the display of Christmas lights and decorations at the intersection of Balboa and Newpor Boulevard by Forgit Hardware was approved subject to the receipt of an insurance policy satisfactory to the City Attorney; and the covering of parking meter; in the Balboa Peninsula business areas was approved subject to the receipt of a letter from the related bus ness association requesting a change in parking con- trol. 2. In compliance with Councilman Croul's request, it w agreed that the staff would bring back a report to Council on December 13 regarding barbed wire fence around Upper Newport Bay. Motion x The meeting was adjourned at 7:50 P.M. Ayes xxxxxx Absent x Yayor Volume 25 - Page 306 City Clerk' U INDEX 9 Christmas g I Decoratis i- N i Upper Npt Bay Fence