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HomeMy WebLinkAbout02/24/1970 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING Place: Council Chambers i Time: 7:30 P.M. ROLL CALL �O << i�9 Date: February 24, 1970 INDEX Present xxxxxxx Roll Call. The reading of the Minutes of the Regular Meeting of Motion x January 9, 1970 was waived and said Minutes were Ayes xxxxxxx approved as written and ordered filed. PUBLIC HEARINGS: 1. Mayor Marshall opened the public hearing on Assess- Assess- ment District No. 53 (Newport Heights and portion of ment Balboa) for the purpose of ordering the construction District of certain street and alley improvements pursuant to the Improvement Act of 1911, being Division 7 of the Street and Highway Code of the State of California (commencing with Section 5000 thereof), as set forth in Resolution of Intention No. 7127. • City Clerk Laura Lagios stated that 274 letters and cards of protest against the Assessment District had been received, including a petition bearing twenty - two signatures requesting that the alley between Catalina Drive and Westminster from 15th Street to Clay be eliminated from the Assessment District, and two letters in favor of the Assessment District had been received. •' The City Clerk stated that Affidavits relating to pub- lication of Notice of Hearing, the mailing of printed notice of hearing and the posting of the Notice of Improvements were on file in her office. A report from`the Public Works Director was pre- sented. . Mayor Marshall asked if anyone desired to be heard on the matter. The following people spoke from the audience pro- testing the Assessment District: Herb Stricker, Hans De Jong, David Crimmins, Roland Landrigen, Robert Sangster, Roy Woolsey, Al Nelson, Mr. and Mrs. Robert Searle, Daniel Clarke, William Jesse, Carl Kymla, Michael Estey, Bob Mc Cowan, Don Thomas, John Weller, Eleanor McCowan, Ed Martindale and Jim Harper. • Volume 24 - Page 33 53 COUNCILMEN \\0\0_x\*K6\0\\ CITY OF NEWPORT BEACH MINUTES ROLL CALL ��� << 9 February 24, 1970 INDE; The following people spoke in favor of the Assessment • District: Ralph Shortler and Jim Reed. Mayor Marshall closed the hearing with the unanimous consent of the Council. Due to the majority of protests received, the pro- ceeding for Assessment District No. 53 was Motion x dissolved, and the Council took the position that Ayes xxxx x x another Assessment District in the Newport Heights Noes x area would be considered only as a result of a wide- spread petition of the area being presented. RECESS for five minutes was declared by Mayor Marshall. The Council reconvened with all members present. • Due to the number of interested people in the audience, it was agreed to take the following "Additional Business" item out of agenda order: ADDITIONAL BUSINESS: Motion x 1. The staff was instructed to work with the engineers Pacific Ayes xxxxxxx of State Highway District 7 to see if the problems Coast presented by the adopted route of the Pacific Coast Fwy • Freeway can be solved within the limits of the adopted route; and it was directed that the City decline to sign a Coastal Freeway agreement until all the problems have been solved to the satisfaction of the City. It was agreed, at the Study Session held in the after- CdM Fw noon, that the City move ahead on studies to resolve the problems of the Corona del Mar Freeway and that the Pacific Coast Freeway be given Number 2 priority. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1327, being, Telepho 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, providing requirement of an annual permit and establishing annual fee of $15. 00 to cover City's Volume .24 7 Page 34 y nic COUNCILMEN CITY OF NEWPORT BEACH MINUTES IOLL CALL \yE \°y� \� \a \� \�9\ February 24, 1970 INDE cost of providing special telephone line, was pre - • sented for second reading. Motion x Ordinance No. 1327 was adopted after the reading of Ayes x M M x x S IN the ordinance was waived by unanimous consent of the Council. 2. Ordinance No. 1329, being, Relocat; Building AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15. 21 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING THE ERECTION, USE AND OCCUPANCY OF RELOCATABLE BUILDINGS, was presented for second reading. .✓lotion x Ordinance No. 1329 was adopted after the reading Ayes x x x x I x y of the ordinance was waived by unanimous consent of the Council. 3. Ordinance No. 1330, being, House Moving AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 15. 20. 010 AND 15.20. 080, CHAPTER 15. 20 OF THE NEWPORT • BEACH MUNICIPAL CODE, RELATING TO HOUSE MOVING, was presented for second reading. Motion x Ordinance No. 1330 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. 1331, being, Irvine A Speed AN ORDINANCE OF THE CITY OF NEWPORT Limits BEACH AMENDING SECTIONS 12. 24. 030, 12. 24. 040, 12. 24. 080 AND 12. 24. 090 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, changing speed limits on Irvine Avenue to-35 mph between 16th Street and the northerly City limit, was presented. Volume .24 - Page 35 able ve COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL_ oif��9 February 24, 1970 A report was presented from the Traffic Engineer. Jay Murley spoke from the audience. Motion x Ordinance No. 1331 was introduced and passed to Ayes x x x x x x x second reading on March 9, 1970; and the staff was directed to report to Council on September 8, 1970 with a review of the effect of the new speed zone. CONSENT CALENDAR: Motion x The following items were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: • Letters protesting the Upper Newport Bay Land Exchange from Anna M. Blanchard, Roger L. Burtner, Roderick Wheeler, Mrs. Virginia Davis, Dr. and Mrs, John M. Buchanan, Rose and Ed Mackie, Mrs. Eric Hanauer, Anne Sutherland and Marjorie Freda. Letter from Mrs. D. V. Montooth thanking the • Newport Beach Police Department for the emergency support provided on February 1, 1970, to a member of her family. Letter from California Division of Highways notifying of acquisition of property at 706 Goldenrod, Corona del Mar on a hardship or right of way protection basis prior to a freeway agreement. Notice from Local Agency Formation Commission of hearing on February 25 regarding proposed annexatio to the City of Costa Mesa designated as the Sewell Annexation, located adjacent to the northwesterly right of way line of Tustin Avenue at Bay Street League of California Cities Legislative Bulletin dated January 14, 1970 regarding Annexation Law. League of California Cities Legislative Bulletin dated February 6, 1970. Agenda of Board of Supervisors meetings held February 10, 11, 17 and 18, 1970. • • Volume.24 - Page 36 INDEX COUNCILMEN a CITY OF NEWPORT BEACH MINUTES ROLL CALLS fop =�9 February 24, 1970 INDEX State and County Streets and Roads Financial Report • 1968 -69. Report from City Attorney concerning City's power to Newspape regulate throw -away newspapers. Regs 2. The following communications were referred as indicated: Referred to Harbor and Tidelands Administrator, Npt Bay letter from G. Gartz enclosing a copy of a letter from State Dept. of Navigation and Ocean Development concerning responsibility for various aspects of New- port Bay. Referred to Planning Director, copy of a letter from Island Local Agency Formation Commission to City of Costa Annex Mesa regarding statement of policy concerning an- nexation of islands, corridors and peninsulas of unincorporated territory within or between cities. Referred to Pending Legislation Committee, reso- Mobile lution of City of Stanton requesting the California Home State Legislature to introduce legislation pertaining Park to mobile home parks. • Referred to Pending Legislation Committee, reso- SCAG lution of the Board of Supervisors supporting the current expansion program of SCAG and urging such support from all other local governmental agencies in Orange County. Referred to Pending Legislation Committee, letter HOLF from Fountain Valley School District enclosing a Mile resolution of the City of Fountain Valley approving Square • the proposed site #6 of the Fountain Valley School Airpark District as a location for a new elementary school and requesting a resolution of support to eliminate a proposed airpark in HOLF Mile Square which is bounded by Warner, Edinger, Brookhurst and Euclid Streets. Referred to staff for study, letter from George C. Abalone Woods, 116 Abalone Avenue, Balboa Island, regarding Ave. • wooden groin at the end of their street which is in Groin • "very dangerous condition" and stating their belief that it is the City's responsibility to correct this condition. • • Volume 24 , Page 37 r COUNCILMEN \\1 \\ \ \\\ CITY OF NEWPORT BEACH MINUTES ROLL CALL \N \�� \� \�� i9 February 24, 1970 INDEX Referred to staff for study, letter from Robert G. Fed Flooi Beverly, Chairman of the Assembly Committee on Ins Finance and Insurance, regarding Federal Flood Insurance Program. Referred to staff for continued study and report, Alpaugh letter from Clifford Alpaugh regarding Variance No. Appeal 969. Referred to staff, letter from Thomas H. Blandi with CATV a complaint against Newport Beach Cablevision, Inc. in connection with two of their installations. Referred to staff, letter from California Museum of Calif Science and Industry regarding allocation of space. Museum • 3. The .following resolutions were adopted after the reading of the resolutions was waived by unanimous. consent of the Council: Resolution No. 7140 authorizing the execution of a Storm Quitclaim Deed releasing the City's interest in a Drain storm drain Easement over a portion of Lot 6, Tract Easement 5854. R -7140 Resolution No. 7141 authorizing the execution of an Storm • agreement between the City of Newport Beach and Drain Kenneth W. McCulloch for the construction of a Agrmt storm drain in connection with Use Permit No. 1396, located between Hilaria Way cul de sac antl,Newport R -7141 Boulevard. Resolution No. 7142 awarding contract for Pacific PCH Coast Highway Widening at Jamboree Road, Contract Widening No. 1105, to Patco Construction Company in the • amount of $18, 500. 50. R -7142 Resolution No. 7143 accepting a Grant Deed from The Buf Hills Irvine Company in connection with Buffalo Hills Park. Park R -7143 4. The City Clerk's referral of the following claims to Clms for the insurance carrier was confirmed: Dmgs Claim of Allstate Insurance Company in behalf of Keller Edwin Keller for damage to Mr. Keller's automobile on November 24, 1969, allegedly when a City employee dropped a garbage canon it. • • Volume 24 - Page 38 COUNCILMEN \\%0\_0,rkPK6\SA\ CITY OF NEWPORT BEACH MINUTES ROLL CALL �T^�oZ �� ic9 February 24, 1970 INDE Claim of Michael W. McClellan filed by his attorneys, McClell Silverton & Silverton, for personal injuries and automobile damage on December 24, 1969, allegedly as a result of an automobile accident involving a City vehicle. Claim of Lawrence Haynes Rothrock for false arrest Rothroc on December 12, 1970 alleging he was falsely detained by the Newport Beach Police Department. Claim of Arthur P. Tendler for damage to his auto- Tendler mobile on February 16, 1970 in front of 122 Agate, Balboa Island, allegedly caused by a City vehicle. Claim and Summons and Complaint for Personal Buck Injuries of James L. Buck filed by his attorney for • personal injuries on or about December 9, 1969 at the intersection of San Joaquin Road and Jamboree Road, allegedly due to the City's negligence. 5. The staff was authorized to acquire the necessary Irvine right of way required from the Newport -Mesa Unified Ave School District for the Irvine Avenue Widening Widenir. Between 15th and 16th Streets, with the condition that the City install an improved street lighting system in front of Newport Harbor High School at no cost to the • District. (A report from the Public Works Director was presented. ) 6. The work was accepted on the Short Street Bulkhead Short S1 and Tidal Control Structure, Contract No. 1224, and Bulkhea 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. (A report from the Public Works Director was presented. ) • 7. The work was accepted on the Buffalo Hills Park Buffalo Improvements, Contract No. 1210, and the City Clerk Hills P; was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Com- pletion has been filed. (A report from the Public Works Director was presented.) 8. The work was accepted on the Jetty Bulkhead at Channel Channel Road and Ocean Boulevard, Contract No. Jetty 1242, and the City Clerk was authorized to file a Bulkhea Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) • • Volume 2t - Page 39 x fay k Lg ark E COUNCILMEN \\\ CITY OF NEWPORT BEACH MINUTES ROLL CALL \ \°y� \� \� \s \�9\ February 24, 1970 INDE 9. The action of the Public Works Department was con- Washbu . firmed in issuing encroachment permit valid until Encroac December 31, 1970 to Mrs. Donald K. Washburn to ment maintain a barricade in the parkway of Bayside Drive below her house at 411 Avocado Avenue. (A report from the Public Works Director was presented.) 10. The Table of Authorization was amended to add one Table of Accounting Clerk I position (Salary Range 29. 5) in Authori the Finance Department, effective February 25, 1970. zation (A report from the City Manager was presented.) 11. The annual Mid -year Budget Amendments were approved, and said adjustments were to be considered as loans and repayment was approved. (A report from the City Manager was presented): • BA -45, $6, 342. 40 increase in Fund Balance, a net increase in Budget Appropriations of $27, 562. 60, and an increase in Revenue Estimates of $33, 905. 00, General Fund. BA -46, $3, 439. 32 decrease in Fund Balance, a net increase in Budget Appropriations of $6, 390. 32, and an increase in Revenue Estimates of $2, 951. 00, Corona del Mar concession, Park and Recreation Fund. BA -47, $2, 097. 00 increase in Fund Balance, a decrease in Budget Appropriations of $630. 00, and an increase in Revenue Estimates of $1, 467. 00, Library Fines, Library Fund. BA -48, $9, 420. 00 decrease in Fund Balance, and a decrease in Revenue Estimates, Municipal Court Fines, Traffic Safety Fund. BA -49, $5, 520. 00 decrease in Fund Balance and a decrease in Revenue Estimates, Parking Meter Receipts, Parking Meter Fund. BA -50, $54, 600. 00 increase in Fund Balance and an increase in Revenue Estimates, Use Fee and Life- guard Services, Tide & Submerged Lands Fund. BA -51, $13, 000. 00 increase in Fund Balance, and a decrease in Budget Appropriations of $13, 000. 00, Westcliff Reconstruction, Gas Tax Contribution Fund. • • Volume 24 - Page 40 rn :h- COUNCILMEN ROLL CALL \ CITY OF NEWPORT BEACH February 24. 1970 MINUTES INDEX ut BA -52, $295. 60 increase in Fund Balance, and a decrease in Budget Appropriations, Capital Improve - ment Fund. BA -53, $44,685. 00 decrease in Fund Balance, a net increase in Budget Appropriations of $65, 020. 00, and an increase in Revenue Estimates of $20, 335. 00, Sale of Water, Water Fund. BA -54, $205. 00 decrease in Fund Balance, and an increase in Budget Appropriations of $205. 00, Marinapark Fund. BA -55, $240. 00 transfer of Budget Appropriations from Building, Regular Salaries, to Building, Office Equipment. • BA -56, $52, 713. 93 increase in Budget Appropriations and decrease in Unappropriated Surplus to provide for appropriation to Unappropriated Contingency Reserve as a result of Annual Budget Adjustments. BA -57, $1, 660. 00 transfer of Budget Appropriations to provide for Accounting Clerk I in Water Revenue and Customer Service Section of Finance Department from Unappropriated Contingency Reserve to Finance, Regular Salaries. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Consideration of the Council Policy Manual was post- Counci: Ayes x x x x x x x poned to March 9, 1970. Policy Manual 2. A report was presented from the Public Works • Director regarding the request of Ray Ayers to Curb C construct two curb cuts on Park Avenue at 135 Turquoise Avenue, Balboa Island. Planning Director Larry Wilson gave a brief staff report. Mr. and Mrs. Ayers spoke from the audience and stated they would modify their application to request a single curb cut on Park Avenue. Motion x The application for a single curb cut was approved, Ayes x x x x x x x providing a Building Permit can be obtained and providing the existing curb cut on Park Avenue be removed and the curb and sidewalk be replaced. ; Volume. 2 - Page 41 ut COUNCILMEN CITY OF NEWPORT BEACH MINUTES \\0\0- \\ \\ ROLL CALL \� \°y� \�� �Z�9 February 24, 1970 INDEX 3. A report from the Public Works Director regarding Npt Island the Newport Island Bridge, Contract No. 1175, was Bridge presented. Mr. Al Penhall, contractor, spoke from the audience regarding the assessment of liquidated damages. Motion x The work was accepted on the Newport Island Bridge, Ayes xxxxxxx Contract No. 1175, 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, and the assessment of liquidated damages was approved in the amount of $1, 000. CONTINUED BUSINESS: • 1. Resolution No. 7144, expressing support for S -3093, Marine "The California Marine Sanctuary Act of 196911, was Sanctuary Motion x adopted after the reading of the resolution was waived Act -1969 Ayes xxxxxxx by unanimous consent of the Council. R -7144 Z. Resolution No. 7145, authorizing the City Manager Job to enter into a contract on behalf of the City of New- Classifi- port Beach with Price, Waterhouse and Co. for a cation Motion x job classification study, was adopted after the Study yes x x x x x x x reading of the resolution was waived by unanimous R -7145 consent of the Council. 3. A memorandum was presented from Councilman CdM Paul J. Gruber requesting reconsideration of the Beach Corona del Mar City and State Beach Park concession Concessiox operation. Councilman Gruber made a motion to reconsider the • matter, which motion was withdrawn for discussion on the original question. Gordon Kilmer spoke from the audience. After discussion, the Council passed on to the next item of business. 4. A report was presented from the Traffic Engineer Parking regarding parking control on Dana Road. Prohibitiox Resolution No. 7146, prohibiting the parking of R -7146 vehicles on Dana Road, northerly side, between Motion x Orion Way and Superior Avenue, was adopted after Ayes x x x x x x x the reading of the resolution was waived by unanimous • consent of the Council. Volume ,2¢ :- Page 42 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL �� `tip `r\9\3 A February 24, 1970 INDEX 5. A report was presented from the City Manager Hover regarding Public Utilities Commission notice of pre- Craft hearing conference on March 5 regarding application of Pacific International Hover Craft for Certificate of Public Convenience and Necessity to carry passengers and their luggage by water between Santa Barbara, Ventura, Santa Monica, Marina del Rey, San Pedro, Long Beach, Newport Beach, Oceanside and San Diego. The City Attorney and the Harbor and Tidelands Motion x Administrator were directed to represent the City, Ayes x x x x x x x as necessary, at subject hearing. CURRENT BUSINESS: • 1. A report from the Harbor and Tidelands Administrat03 W Npt regarding the West Newport Beach Erosion Control Beach Project was presented with a memorandum to the Sand Haul City Manager from the General Services Director. R. S. Pattison and Russell Griffith spoke from the audience. Councilman McInnis read in full a proposed resolution to the U.S. Army Corps of Engineers regarding remedial action by the City. Resolution No. 7147, advising the U. S. Army Corps R -7147 of Engineers that hazardous conditions exist on West Newport Beach and that the City will place a claim against the Corps of Engineers for remedial action Motion x undertaken by the City of Newport Beach, was Ayes x x x x x x x adopted. Ootion x The Mayor was directed to address a letter to the Ayes xxxxxxx U. S. Army Corps of Engineers expressing the Council's opinion of the recent sand haul; and it was directed that said letter and above resolution be sent to appropriate agencies at the county, state and federal levels. The initial expenditure of $2, 500 for remedial work Motion x to be conducted by the General Services Department Ayes x x x x x x x was authorized. • • Volume 2:4 7 Page 43 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \$ \�yF�� tip February 24, 1970 INDEX • 2. A letter was presented from the Newport Harbor American American Legion Post No. 291 requesting extension Legion . of its lease to the year 1995. Post 291 John McHugh, Post Commander, spoke from the audience. Motion x The matter was postponed to April 27, 1970. Ayes xxxxxxx ADDITIONAL BUSINESS; 1.. The Upper Bay Land Exchange Ad Hoc Committee Upper Motion x was disbanded, and Councilman Hirth was appointed Newport Ayes xxxxxxx to serve as liaison with the City staff and other Bay representatives to set up organizational procedure • for the cooperative comprehensive planning study as set forth in Resolution No. 7137. Motion x 2. The staff was authorized to execute a Letter of Agree Promon- Ayes xxxxxxx ment with Cedric A. White for the purpose of under- tory taking a study and preparing a report which will Bay estimate the economic impact upon the City's Beacon Bay properties resulting from the pending Irvine Company Promontory Bay development; with the understanding that the fee for such services shall not exceed $500 and will be charged against Object No, 1416 (Nondepartmental Division, Services -Pro- fessional, Technical, Etc. ) Motion x 3. The staff was authorized to negotiate a formal Or Co Ayes XXXXXXXI contract with the firm of Woolsey and Hamm for the Airport performance of an Airport Impact Study; such Impact contract to be divided into work phases and a recom- Study mended budget to be developed for Council consider- ation. 4. The expenditure of $5, 000 for the City's share of 28th St/ improvements to the street end at 28th Street and Rhine Motion x The Rhine was approved; such expenditure to be Street Ens Ayes xxxxxxx financed from the Unappropriated Contingency Reserve, General Fund. Volume .24 - Page 44 COUNCILMEN \\x0\N\7S\a \-s\ CITY OF NEWPORT BEACH MINUTES ROLL CALL ���� \��m�� 9 February 24, 1970 INDEX The request of Mayor Marshall to be absent from the City •lotion x from March 7 to March 12 to attend the Annual National League of Cities Conference in Washington, D. C. , was Ayes xxxxxxx granted. Motion x The meeting was adjourned at 11:05 P. M, Ayes xxxxxxx O"aa mayor ATTEST: • i Clerk • • Volume 2q - Page 45