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Home My WebLink About10/27/1969 - Regular MeetingFMS CALI •Pres Mo'ti Ayes • • Moti Ayes • 0 • COUNCILMEN CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 27, 1969 Roll Call. The reading of the Minutes of the Regular Meeting of October 13, 1969 was waived and said Minutes were approved as written and ordered filed. HEARINGS: MINUTES 1. Mayor Marshall opened the public hearing in con- nection with substandard building situated at 2504 West Ocean Front, Lot 3, Block 25, Newport Beach Tract, owned by Hilda 1. Campfield, in accordance with Section 15. 28. 060 of the Newport Beach Municipal Code. Senior Building Inspector Mel Hauge gave a staff report. Thomas L. Garry, attorney representing Mrs. Camp - field, spoke from the audience. Mayor Marshall closed the public hearing with the unanimous consent of the Council. Resolution No. 7089, finding and declaring that a certain 'building or structure is a public nuisance and directing the owner to abate said nuisance, was adopted after the reading of the resolution was waived by unanimous consent of the Council. 2. Mayor Marshall opened the public hearing regarding construction of public improvements by using Chapter 27 of 1911 Act to hear any protests from property owners who have been ordered to construct the following public improvements adjacent to their property: (a) Sidewalk on 32nd Street opposite the City Hall; (b) Curbs, gutters, sidewalk and pavement on Villa Way, northerly of 29th Street; and (c) Missing portions of curb, gutter and sidewalk on both sides of Balboa Boulevard between 28th Street and 31st Street. A report from the Public Works Director was presented. A letter from Thomas H. Blandi was presented stating he is in receipt of Notice to Construct side- walk adjacent to Lot 19, Block 30, Newport Beach Volume 23 - Page 96 INDEX Sub- standard Building 1911 Act C\\1 UNCILMEN Y� Z Fft. CALLS^ i Motion Ayes n lJ Motion Aye s • Motion Ayes • CITY OF NEWPORT BEACH October 27, 1969 MINUTES Tract, and stating he is in accord with the need to construct the sidewalk but he is petitioning the City to delay this improvement for two years at which time he proposes to construct a duplex. No one desired to be heard. Mayor Marshall closed the public hearing with the unanimous consent of the Council. The posting of the Notices to Construct on Sep- tember 26, 1969, was confirmed; and the staff was directed to construct, at the property owners expense, any of the listed improvements not commenced by November 25, 1969. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1315, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3. 22. 050 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN( TO EXEMPTION OF GOVERNMENTAL. AGENCIES FROM REAL PROPERTY TRANSFER TAX, Was presented for second reading. Ordinance No. 1315 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. 2. Ordinance No. 1316, being, INDEX Property Transfer Tax AN ORDINANCE OF THE CITY OF NEWPORT Speed BEACH AMENDING SECTIONS 12. 2A.045 AND Limits 12. Z4.058 OF THE NEWPORT BEACH MUNICI- PAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, decreasing the speed limit from 50 miles per hour to 40 miles per hour on San Joaquin Hills Road between Marguerite Avenue and MacArthur Boulevard, was presented for second reading. Ordinance No. 1316 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. Volume 23 - Page 97 CALL NW r 1 U • COUNCILMEN Motion Ayes Motion .Ayes • • u CITY Of NEWPORT BEACH October 27, 1969 ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1317, being, MINUTES AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.20. 030 AND 5.20. 060 OF THE NEWPORT BEACH MUNICI- PAL CODE RELATING TO DEFINITIONS OF SECONDHAND DEALERS AND LICENSE FEES FOR PAWNBROKERS, JUNK DEALERS, JUNK COLLECTORS AND SECONDHAND DEALERS, reducing the annual business license fee for dealing in secondhand goods from $100 to $35 and adding additional items to be reported under the ordinance, was presented with a report from the City Manager Pro Tempore. Ordinance No. 1317 was introduced and passed to second reading on November 10, 1969. CONSENT CALENDAR: The following items were approved by one motion affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Director of the University of California Extension inviting participation in a series of five meetings to explore the nature of a Council of local governments for Orange County as proposed in the general planning program. Notice from the Orange County Board of Supervisors of hearing on retention or dissolution of the Orange County Harbor District to be held November 5, and letter from Jack Green, President of the Orange County Division of the League with copy of sample resolution requesting the Board of Supervisors to call an election for the purpose of permitting the people of Orange County to vote on the issue of dis- solution of the Harbor District. Agendas for Board of Supervisors meetings held October 14, 15, 21 and 22, 1969. Volume 23 - Page 98 INDEX Pawn- brokers Harbor Dist Dissol COUNCILMEN CITY OF NEWPORT BEACH MINUTES Zy �yf g P_L CALL f" oy f 9 October 27, 1969 Letter from the Newport Harbor Chamber of Com- merce on behalf of the Commodores' Club expressing appreciation for the use of Big Corona beach for their Sandcastle Building Contest held October 11. Letter from Ralph P. Maskey expressing appreciation and thanks to the Council and all of.those who had anything to do with the design and construction of the Newport Island bridge, and stating it is a beautifully engineered job which should last forever. Letter from the International Conference of Building Officials regarding their successful 47th Annual business meeting in Salt Lake City, and stating that uniform codes and new concepts in enforcement were • developed. Two post cards requesting a representative of the Council be present at the case for testing the legality of the Upper Newport Bay land exchange. Notice from the Tri- County Conservation League of annual meeting Wednesday, November 5, 7:30 p. m., Riverside Museum, and enclosed questionnaire. •. Letter addressed to Mayor Marshall from Congress- man Utt and copy of Department of Justice news release regarding air pollution in connection with anti -trust litigation against four major auto manu- .facturers. 2. The following communications were referred as indicated: • Referred to Air Traffic Advisory Committee for Ai study and report, letter from Air California regarding Aii a review of steps taken and current status of the Po problem and program in connection with aircraft air pollution. Referred to Parks, Beaches and Recreation Com- mission, letter from Bee Longley requesting City action in connection with disturbance of ducks in the back bay marshlands. Referred to Council Water Committee, resolution of the Local Agency Formation. Commission approving Ir Annexation No. 10 to Irvine Ranch Water District Ra subject to the condition that the District shall not W • provide water service to the consumers within the Di territory proposed to be annexed to the City of New- port Beach unless requested to do so by the City of • Newport Beach. Volume 23 - Page 99 INDEX rcraft llution vine nch ate r st INDEX rcraft llution vine nch ate r st COUNCILMEN CITY OF NEWPORT BEACH MINUTES ML CALL yF^°yy� s�9 October 27, 1969 IND Referred to staff for study and reply, letter from Alley • George C. Woods expressing the residents' appreci- Impr ation for the prompt striping of the alley in back of dM /B. Abalone Avenue and stating it would be a great benefit if all of the alleys on the Island were so striped. Referred to staff for study and report, letter from Bay Li Robert L. Fleming, representing Restful Acres, Inc., Bldg Bay Lido Building, Helena Famularo, requesting permission to lease the air space above Central Avenue and the adjacent City -owned parking lot. Referred to staff for appropriate action, letter from Marine William Blurock & Partners, architects, relating to Librar the ongoing Mariners Library Patio Enclosure Patio • construction, C -1202. Enclos Referred to staff for study, letter from Benjamin Compl Modesti regarding overhanging shrubbery on City sidewalks. 3. Resolution No. 7088, authorizing execution of an Resub agreement with The Irvine Company, Subdivider, for 260 the construction of street and other improvements in • . Resubdivision No. 260, Newport Center, Block 300 -7088 (South of San Miguel Drive between Newport Center Drive and future Avocado Avenue), was adopted after the reading of the resolution was waived by unanimous consent of the Council. 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of Beverly McMurtrie for damage to her car MCMu] on September 29 allegedly caused when it was involved in an accident with a City vehicle. Claim of Concepcion Fernandez Campos, filed by Campo Firemans Fund Insurance Company, for personal injuries sustained when she fell in sewage seepage allegedly caused by City power failure on sewage pumping plant. Summons and Complaint of Orange Coast Marine, Inc. Orange vs City of Newport Beach, Mayor and Councilmen, et Coast al in connection with damages to property in the Marine vicinity of 847 Bayside Drive allegedly caused by Inc. storm waters from a 24" City drainage culvert. • Volume 23 - Page 100 EX .. :rs y ure aints No. °trie COUNCILMEN CITY OF NEWPORT BEACH MINUTES WNL CALL \4 \�� \� \� \2 \�9\ October 27, 1969 INDEX • 5. The public improvements constructed in conjunction with Tract 5798, located in The Bluffs westerly of Tract 5798 Eastbluff Drive between Vista Del Oro and Vista Del Sol, were accepted; the City Clerk was authorized to release the remaining Faithful Performance Bond; and the City Clerk was authorized to release the remaining Labor and Materials Bond in six months provided no claims have been filed (Ref. Section 11612, Subdivision Map Act). (A report from the Public Works Director was presented.) 6. The public improvements constructed in conjunction Tract with Tract 5463, located in The Bluffs at Vista Del 5463 Oro and Carlotta, were accepted; the City Clerk was authorized to release the remaining Faithful Perform- ance Bond; and the City Clerk was authorized to release the remaining Labor and Materials Bond in six months provided no claims have been filed (Ref. Section 11612, Subdivision Map Act). (A report from the Public Works Director was presented.) 7. Grading operations were authorized to be conducted Big in the Big Canyon area between the hours of 7:00 A. M. Canyon and 12:00 midnight on weekdays and 7:00 A. M. and 6:00 P. M. on Saturdays, subject to conditions recom- mended by the Public Works Department. (A report from the Public Works Director was presented.) 8. A Newport Beach Annexation Study, prepared by the Or Co Orange County Water District, was referred to the Water Council Water Committee for further study. (A Dist Annx report from the Public Works Director was presented.) Study 9. Purchase of vehicles was authorized as follows: two City jeeps for the Police Department, two one and one- Vehicles half ton dump trucks for the General Services Depart- ment and one 36' aerial truck for the Parks, Beaches and Recreation Department. (A report from the City Manager Pro Tempore was presented.) 10, The expense account of Councilman E. F. Hirth for Expense trip to San Francisco, September 28 to October 1, Account 1969, to attend Annual League of California Cities Conference, was approved. 11. The Financial Report of the City of Newport Beach Financial from the City Manager and the Finance Director for Report fiscal year ending June 30, 1969 and the Auditor's Opinion from Binder, Mestyanek & Co., City • auditors, were received and drdered filed. • Volume 23 Page 101 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ML CALL ��°y \�� \� \s�mp� October 27, 1969 INDI • 12. The following Budget Amendment was approved: BA -32, $400 increase in Budget Appropriations for purchase of 36' aerial truck from Unappropriated Surplus, Park and Recreation, General Fund, to PB &R- Parks, Rolling Equipment, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. BA -33 was removed from the Consent Calendar to be taken up under Current Business. CONTINUED BUSINESS: • 1. Resolution No. 7079, designating intersections at Stop Si which vehicles are required to stop and directing the CdM Traffic Engineer to erect necessary stop signs at the Motion x following locations in Corona del Mar, was adopted R -707c, Ayes x x x x x x x after the reading of the resolution was waived by unanimous consent of the Council: Second Avenue at Jasmine, Larkspur„ Poinsettia and Poppy Avenues • Third Avenue at Heliotrope, Iris, Marigold, Orchid, Poinsettia and Poppy Avenues Fourth Avenue at Orchid, Poinsettia and Poppy Avenues Fernleaf Avenue at Fifth Avenue Heliotrope Avenue at Fourth and Fifth Avenues Jasmine Avenue at Third and Fourth Avenues Larkspur Avenue at Third, Fourth and Fifth Avenues • Marigold Avenue at Second, Fourth and Fifth Avenues N'arcis'sus .Avenue at Second,'. Third,',Fourth:_and Fifth Avenues Orchid Avenue at Fifth Avenue Poinsettia Avenue at Fifth Avenue 2. A proposal from Binder, Mestyanek & Company, Audit certified public accountants, for auditing services Servicf to the City for the fiscal year 1969 -70, under the same terms and conditions as the fiscal year ending June, 1969, except for certain changes in the annual Motion x audit fee and hourly fees, was postponed to November Ayes xxxxxxx 10, 1969. • • Volume 23 - Page 102 ° -X gns •s COUNCILMEN g CITY OF NEWPORT BEACH MINUTES ML CALL �� << s�9 October 27, 1969 INDE 3. A request from the Yellow Cab of Newport and Costa Mesa, Inc. for approval of proposed changes in Yellow Cab Cc Motion x schedule of rates was set for public hearing on Ayes x x x x x x x November 10, 1969 in accordance with Section 5. 12. 100 of the Newport Beach Municipal Code. 4. A report was presented from the Public Works Depart Parkin ment regarding Seaview Avenue parking control. Prohi- bitioni A Minute Order concurring with the proposal that Motion x parking be prohibited at all times on the south side Ayes x x x x x x x of Seaview Avenue, was adopted. 5. Ten letters and a petition bearing signatures of five Tidela3 Balboa Island residents in favor of and thirty -four Use Fe letters and telegrams opposing the Tidelands Use Fees and ordinance were presented. Motion x Consideration of the Tidelands Use Fees was post - Ayes x x x x x x x poned to November 10, 1969 as requested by the Tidelands Use Fees Committee. CURRENT BUSINESS: 1. A report was presented from the City Attorney Golden regarding agreement with Golden Eagle Refining Eagle Company for the purchase of crude oil, Refinir. Co Resolution No. 7090, authorizing execution of an agreement between the City of Newport Beach and R -7091 Golden Eagle Refining Company for the purchase of Motion x crude oil, was adopted after the reading of the - Ayes x x x x x x x resolution was waived by unanimous consent of the • Council. Harbor and Tidelands Administrator George Dawes gave West N a progress report on the oil seepage in We'st Newport, and Oil See the staff reviewed the Council's action on the oil seepage problem, Mr. Armstrong spoke from the audience. It was the consensus of the Council that the staff be directed to come back with report on what kind of contract could be negotiated to carry out previous Council action and discuss other alternatives and, in the meantime, work out leasing arrangements for the skimmer equipment. • Volume 23 - Page 103 EX ids es pt WkkL CALL Mr • r� L COUNCILMEN CITY OF NEWPORT BEACH Motion Aye s Motion Ayes Motion • Ayes Motion Ayes Motion Ayer, • C� October 27, 1969 MINUTES 2. A report was presented from the City Manager Pro Tempore regarding addition of one permanent part- time Typist Clerk II in the Building Department. The addition of subject position was authorized, and the Table of Authorization was amended to add one permanent half -time Typist Clerk II position (Salary Range 28. 5) in the Building Department, and the following Budget Amendment was approved: INDEX Table of Authori- zation BA -33, $1, 705. 20 transfer of Budget Appropri- Budget ations for one additional half -time Typist Clerk II Amend - for Building Department from Unappropriated ment Contingency Reserve to Building Department, Permanent -Part time, General Fund. 3. A letter from Mr. and Mrs. Frank Robinson, Inter- Upper veners in the proposed Upper Newport Bay land Npt Bay exchange, requesting an opportunity to present the Land viewpoint of the Interveners to the Council at an Exchange evening session was presented. Allan spoke from the audience. The City Manager was directed to place the matter on the November 24, 1969 Study Session agenda. 4. A report was presented from the City Manager Pro City Dump Tempore regarding appraisal services in conjunction Property with leasing the City dump property located at the northwesterly extension of 19th Street and Whittier Avenue. The City Manager was authorized to execute a Letter of Agreement with Cedric A. White, Jr., M.A. I. , to perform appraisal services, at a fee not to exceed $2500. ADDITIONAL BUSINESS: 1. Resolution No. 7091, establishing a uniform rate Ambulance schedule for ambulance services authorized to do Regs business within the City, was adopted after the reading of the resolution was waived by unanimous consent of R -7091 the Council. 2. The City Manager was authorized to prepare a Newport Progress Report Brochure on the Newport Tomorrow Tomorrow project for distribution to the public; the brochure to Volume 23 - Page 104 COUNCILMEN CITY OF NEWPORT BEACH MINUTES IML CALLS << 2�9 October 27, 1969 INDEX include summary goals statements, listing of project study group members and introductory prologue by the Mayor for signature; and a limited number (800) of complimentary copies of the complete Newport Tomorrow report are to be made available for citizens at the City Hall and the three public libraries. The staff was also authorized to distribute the brochure through a private direct mailing service to Newport Beach households and through the utility billing system to property owners residing outside of the City of Newport Beach; expenditures for mailing and brochure preparation not to exceed $2, 000. The staff was also authorized to purchase an additional 1, 000 copies of the full Newport Tomorrow goals report, of which 800 are to be made available for • public distribution in accordance with the direct mailing project. Councilman McInnis adjourned the meeting at 8:55 P. M. in memory of Mrs. Nellie Hart, wife of former Newport Beach Mayor Charles E. Hart, who had passed away that afternoon. • Mayor ATTEST: • City Clerk • Volume 23 - Page 105