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HomeMy WebLinkAbout01/12/1970 - Regular MeetingCOUNCILMEN p CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. MINUTES aOLL CALL S << �9=�p Date: January 12, 1970 INDEX • Present xxxxxxx Roll Call. Mayor Marshall welcomed the students in the audience from the Newport Harbor High School American Govern- ment classes. The reading of the Minutes of the Regular Meeting of Motion x December 22, 1969 was waived and said Minutes were Ayes x x x x x x x approved as written and ordered filed. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1326, being, Special Events AN ORDINANCE OF THE CITY OF NEWPORT • BEACH ADDING SECTION 5. 10. 025 TO CHAPTER 5. 10 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO USE OF PUBLIC BEACHES, authorizing the City Manager to approve special event permits for use of public beaches by civic, charitable or service clubs and organizations, was presented for second reading. �otion x Ordinance No. 1326 was adopted after the reading of Ayes x x x x x x x the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1327, being, Telephone Alarm AN ORDINANCE OF THE CITY OF NEWPORT System BEACH ADDING CHAPTER 5.48 ENTITLED "TELEPHONIC ALARM SYSTEM" TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, Motion x was postponed to January 26, 1970 at the request of Ayes x x x x x x x the Pacific Telephone Company. �l Volume 24 - Page 1 ROLL! - 0 Ay • • • • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES ;ALL .a y January 12, 1970 INDEX 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 Advisory Communications were ordered filed: Letter from the League of California Cities enclosing Air its report on air, water, land and noise pollution. Pollution Notice from the Local Agency Formation Commission Whittier of public hearing to be held January 14 on the pro- Heights posed annexation to the City of Costa Mesa designated Deannx "Whittier Heights Annexation ". Notice from the Local Agency Formation Commission of public hearing to be held on January 14, 1970 on proposed annexation to Costa Mesa Sanitary District designated Engineer's No. 123. Notice of Local Agency Formation Commission hearing to be held January 14, 1970 on proposed detachment from Irvine Ranch Water District designated Detachment No. 6 (Red Hill Exclusion). Letter from Robert Mackey opposing the tideland use fee ordinance. Applications of Southern Counties Gas Company and Pacific Lighting Service Company Nos. 51567, 51568 and 51569 to the Public Utilities Commission for increase in gas rates and notice of PUC's pre- hearing conference on said applications. Agenda of the Board of Supervisors meetings held December 23, 24, 30, 31, 1969, January 6 and 7, 1970. The 1969 report of the Orange County Grand Jury. Grand Ju, Report '6 Copy of letter to Chief Glavas from Charles Smoot regarding parking in alleys on Little Balboa Island. Letter from Kathy Thomas opposing the Upper New- port Bay Land Exchange. Volume 24 - Page 2 R1 COUNCILMEN CITY OF NEWPORT BEACH MINUTES L CALL �' A January 12, 1970 INDEX 2. The following communications were referred as • indicated: Referred to staff, letter from Eileen Costello re- Complaints garding litter on the sidewalks on Balboa Island. Referred to staff for study and report, letters from Stop Signs Mrs. Smith, Elton Barnett, Mr. and Mrs. D. Moorer Irvine at and P. G. and Mary Ann Barnett requesting the stop Clay signs on Irvine Avenue at Clay Street be reinstalled. 3. Resolution No. 7120 was removed from the Consent Calendar for further discussion. 4. The City Clerk's referral of the following claims to Clms for the insurance carrier was confirmed: Dmgs Claim of Adeline M. Jackson for bodily injuries, false Jackson arrest, false imprisonment, malicious prosecution and deprivation of civil rights allegedly by the New- port Beach Police Department. Claim of Cecil K. Elliott for damage to his automobile Elliott allegedly caused when it was involved in an accident with a City vehicle. . Claim of Louis Smaldino for damages to his car Smaldino allegedly caused when it was involved in an accident with a City vehicle. Claim of Marion Cooper for personal injuries Cooper sustained in an automobile accident allegedly due to faulty barricading by the contractor while repairing Westcliff Drive. . Claim of Mrs. Mary Louise Lyon for damage to her Lyon property at 444 Mendoza Terrace on December 18, 1969, allegedly caused by malfunction of a City water pipe. 5. The work was accepted on the Sewer Force Main Bal Isle Across Balboa Island Channel, Contract No. 1223, Channel and the City Clerk was authorized to file a Notice of Sewer Completion and to release the bonds 35 days after the Force Notice of Completion has been filed. (A report from Main the Public Works Director was presented.) • Volume 24 - Page 3 COUNCILMEN OrA 7X A% �i o ROLL CALL • L- J A L� 1 • CITY OF NEWPORT BEACH January 12, 1970 MINUTES INDEX 6. The staff was authorized to negotiate a cooperative Jamboree agreement with the State Division of Highways to cover Rd Pal/ additional cost involved in modifying the Jamboree MacArthur Road Construction - Palisades Road to MacArthur Boulevard, Contract No. 1205, to conform with the Corona del Mar Freeway design, and the Public Works Department was authorized to change the scope of the work for the design of subject project and increase the maximum fee for engineering services. (A report from the Public Works Director was presented.) 7. The City Clerk's recommendation that April, 1970 Election General Municipal Election Candidates filing a.State- ment of Qualification shall be charged a prorated cost for printing and handling the Statements, that $125 shall be deposited at the time of filing to cover the estimated cost, and that said deposit shall be returned if the Statement is withdrawn, was approved. (A report from the City Clerk was presented.) 8. The following reclassification of positions in the Table of Library was approved: (a) reclassification of one Authori- Senior Library Assistant position (Salary Range 35. 5) zation downward to Typist Clerk III (Salary Range 30), effective February 1, 1970; (b) reclassification of one Typist Clerk II position (Salary Range 28. 5) up- ward to Typist Clerk III (Salary Range 30), effective January 24, 1970; and (c) addition to the Alphabetical List of Permanent Classes and Assignment to Salary Ranges a class entitled Typist Clerk III assigned to Salary Range 30, effective January 24, 1970. (A report from the City Manager was presented.) 9• The business license application of Eric N. Flackman to solicit door to door for Alta -Dena Dairy, retail milk delivery, 637 So. Hambledon, City of Industry, was approved. 10. The following Budget Amendment was approved: BA -42, $265 transfer of Budget Appropriations for purchase of professional gallery display system to be installed in City Hall from Unappropriated Contingenc Reserve to Nondepartmental -Maintenance and Repair Materials, General Fund. (A report from the City Manager was presented.) Volume 24 - Page 4 COUNCILMEN �9=pG A ROLL CALL • • Motion Aye s Motion Ayes 0 Motion Aye s • Motion eyes • E CITY OF NEWPORT BEACH MINUTES °Zyff ��9 January 12, 1970 ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. After a brief staff report from Harbor and Tidelands Administrator George Dawes, the resolution of the Board of Supervisors adding a $50 Permit Fee Schedule to the Harbor Structure Permit Fee Schedule x for commercial use (other than marinas) was ordered xxxxxxx filed. 2. Resolution No. 7120., consenting to the detachment of certain uninhabited territory so that the territory may be annexed to the City of Costa Mesa (Whittier Heights Deannexation), as amended, was adopted after the x reading of the resolution was waived by unanimous x x x x x x x consent of the Council. 3. A report from the Parks, Beaches and Recreation Director regarding Corona del Mar Concession pro - x posals was referred to staff for analysis and recom- x x x x x x x mendation to Council on January 26. 4. A report was presented from the City Manager regarding the request of the Tustin Cab Company for a Certificate of Public Convenience and Necessity to operate a taxi service in Newport Beach. Mr. Herman Tate, owner and President of the Yellow Cab Company, spoke from the audience and presented a letter addressed to the City Council from the Yellow Cab Company dated March 13, 1967, regarding its franchise. The application of the Tustin Cab Company for a Certificate of Public Convenience and Necessity to x operate a taxi service in Newport Beach was set for x x x x x x x public hearing on April 13, 1970. Because of the number of interested people in the audience, Current Business Item No. 6 was taken out of Agenda order and considered at this time. A letter from Jane Blankinton, Barry Pavlin and Hitoshi Inagaki requesting to be placed on the January 12 agenda in connection with the alleged police harassment at the Bird in Search of a Cage bookstore at 2037 Balboa Boule- vard, was presented with letters from Agnes Elder of Temple City, Debbie Weick of Temple City, Susan Love of Arcadia and Johce Ponce of Temple City. The following people spoke from the audience: Anthony Fernandez, Arvo Haapa, Floyd North, Barry Pavlin, Barry Weinberg. Volume 24 - Page 5 INDEX Whittier Heights Deannx CdM Beach Concession Tustin Cab Co. Bird in Search of a Cage Bookstore ROLL CAI - 0 W ot'. Aye • E i °t ye L� COUNCILMEN �Z?llc$ \7�r%\Nn L CITY OF NEWPORT BEACH January 12, 1970 MINUTES INDEX After hearing the statements from the above participants, the Council declared afive- minute recess. The Council reconvened with all members present. Anthony Fernandez's request to be heard again on the matter of the Bird in Search of a Cage bookstore was granted; and following his comments, Richard Krause, Pat Stock and Don Elder also spoke from the audience. The regular order of business was resumed. CONTINUED BUSINESS: 1. Resolution No. 7114, authorizing an amendment to an Newporter agreement with the Newporter Hotel Corporation in Inn ion x connection with the Newporter Inn, Use Permit No. s x x x x x x x 1355, was postponed to January 26, 1970. ADDITIONAL BUSINESS ITEMS: Due to the presence in the audience of Colonel Malley of W. Npt Bcl the U.S. Corps of Engineers, the West Newport Beach Sand Haul sand erosion project was discussed at this time. Colonel Malley reviewed the sand haul program in West Newport Beach and stated that the contractor would remove rocks, grade, shape and scarify the beach to the satis- faction of the U.S. Corps of Engineers and the City, and invited Councilman McInnis to be present at the final inspection upon completion of the sand haul project. William Herron of the U.S. Corps of Engineers stated that this was Phase III of the Project and Phase IV would involve evaluation of the Project. The regular order of business was resumed. CURRENT BUSINESS: 1. A report was presented from the Public Works Ocean Biv Director regarding maintenance of driveway on the Resurfa._.; southerly side of Ocean Boulevard between Marguerite and Narcissus and recommending notification to the property owners along the driveway that it is their responsibility to maintain the driveway surface, was ion x referred to the City Attorney for research and report s x x x x x x x back to the Council. Volume 24 - Page 6 ROLL I • • M1 4�) Mi A) i MI A) 0 El COUNCILMEN \\je ,\tt '\ CITY OF NEWPORT BEACH MINUTES ALL U �4 �i"s January 12, 1970 INDEX 2. A letter from J. H. Hedrick & Co. requesting the Admin Fe return of a $100 appeal fee on behalf of Mr. and Mrs. Glen B. Soelberg was presented. A report from the Planning Director regarding written requests for refund of application fees from J. H. Hedrick & Co, by E. J. Walker, in the amount of $100 for Modification Application No. 119 and from R & B Development Company (Westside Advertising Company) in the amount of $150 each for Use Permit Applications Nos. 1453 and 1454. Planning Director Larry Wilson gave a staff report. The application of J. H. Hedrick & Co. for a refund )tion x of application fee in connection with Modification es- xxxxxxx Application No. 119 was denied. The request for refund of •application fees from R. &.B rtion x Development Company in connection with Use Permit es xxxxxxx Applications Nos. 1453 and 1454 was denied. It was agreed by the Council that the staff be directed to review the matter of application fee refunds and recommend guidelines for Council policy. 3. A report was presented from the Planning Director Tr 7148 regarding the findings of the Planning Commission in connection with Tentative Map of Tract 7148, sub - division of 9.6 acres into 74 residential lots and one green area lot, portion of Blocks 51 and 52, Irvine's Subdivision, located on the south side of the extension of Vista Del Oro opposite proposed Vista Ornada (North Bluff), I. D. H. , Joint Venture (Holstein Com- pany), applicant, The Irvine Company, owner. Planning Director Larry Wilson gave a staff report. Robert Bein, engineer for the developer, spoke from the audience. Consideration of Tentative Map.for Tract 7148 was postponed to January 26 at which time the staff was directed to present recommendations for definite solutions to some of the problems in The Bluffs, and )tion x the Planning Director was directed to tabulate the es x x x x x x x legal parking requirements for each subdivision in The Bluffs. Volume 24 - Page 7 ROLL CAI • Motiq Ayes Moti4 yes oes 0 Moti4 Ayes • COUNCILMEN CITY OF NEWPORT BEACH MINUTES .L Tih��r th 7W S 9 January 12, 1970 INDEX 4. A report from the Planning Director regarding Use Use Perrr Permit No. 1422(e) in connection with request of The 1422(e) Irvine Company to subdivide property and construct residential units as part of a Planned Residential )n x Development in Tract 7148 was postponed to January xxxxxxx 26. 5. A report was presented from the Planning Director Tr 6927 regarding the Final Map of Tract 6927, consisting of 12 residential lots, 3 commercial lots and one under- water lot, portion of Lots 8 and 9 of Tract 3232, located on the south side of Bayside Drive, southeast of the intersection of El Paseo Drive and Bayside Drive; The Irvine Company, applicant. )n x The Final Map of Tract 6927 was approved, subject x x x x x x to conditions recommended by the Planning Com- x mission. HARBOR PERMITS: 1. A report was presented from the Harbor and Tidelands Pac Tel & Administrator regarding Harbor Permit Application Tel No. 049 -054 of Pacific Telephone and Telegraph Company to install an armored submarine telephone cable across the Narrows in Upper Newport Bay. )n x Harbor Permit No. 049 -054 was approved, subject x x x x x x x to approval of the Corps of Engineers, a permit being obtained from the Orange County Harbor District and seventy -two hours notification to the Harbor Master prior to commencing any work within the public water- way. Mayor Marshall stated that the regularly scheduled Study Session for January 19 would be held at 7:30 P. M. The meeting was adjourned at 10:55 P.M. to 7:30 P.M., January 19, 1970 with the understanding that there would also be an adjourned meeting at 8:00 A. M. on Tuesday, January 20, 1970 to receive the City Clerk's Certificate of Canvass as to the result of votes cast on January 13, 1970 in the Special Municipal Election. n V L� ayor =ST* ty Clerk lume 24 - Page 8