HomeMy WebLinkAbout11/10/1969 - Regular MeetingCOUNCILMEN
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
MINUTES
IOL16CALL
dQi
�C
�i�9 Date: November 10, 1969 INDEX
Present
x
x
x
x
x
x
x
Roll Call.
The reading of the Minutes of the Adjourned Meeting of
October 20 and of the Regular Meeting of October 27, 1969
Motion
x
was waived and said Minutes were approved as written and
Ayes
xxxxxxx
ordered filed.
HEARINGS:
1. Mayor Marshall opened the public hearing in con-
Yellow
nection with the request from the Yellow Cab of
Cab
Newport and Costa Mesa, Inc. for approval of
Company
proposed changes in schedule of rates, in accordance
with Section 5. 12. 100 of the Newport Beach Municipal
Code.
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A report was presented from the City Manager.
No one desired to be heard.
Mayor Marshall closed the public hearing with the
unanimous consent of the Council.
Resolution No. 7095, establishing rates for taxicabs,
R -7095
x
was adopted after the reading of the resolution was
*otion
es
xxxxxxx
waived by unanimous consent of the Council.
Motion
x
The Mayor was directed to write a letter to the Board
Ayes
xxxxxxx
of Supervisors requesting that the franchise for taxi-
cab services from Orange County Airport include
several cab companies in the county for better
service to the community.
•
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1317, being,
Pawn -
brokers`
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 5. 20. 030 AND
5.20. O60 OF THE NEWPORT BEACH MUNICIPAL
CODE RELATING TO DEFINITIONS OF SECOND-
HAND DEALERS AND LICENSE FEES FOR PAWN
BROKERS, JUNK DEALERS, JUNK COL-
LECTORS 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 for second reading.
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CITY OF NEWPORT BEACH
MINUTES
Rgj,L CALL 14MIMMIlk
November 10, 1969
Ordinance No. 1317 was adopted after the reading of
eotion
x
the ordinance was waived by unanimous consent of
Aye s
x
x
x
x
x
x
x
the Council.
ORDINANCES FOR INTRODUCTION:
1. Proposed Ordinance No. 1318, being,
T:
Ro
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 12. 16. 020 OF
THE NEWPORT BEACH MUNICIPAL CODE
DESIGNATING VIOLATIONS AS MISDEMEANORS
OR INFRACTIONS,
conforming with the State Vehicle Code which re-
classified certain offenses regarding traffic enforce-
ment as infractions instead of misdemeanors.
A report was presented from the City Attorney.
Motion
x
Ordinance No. 1318 was introduced and passed to
Ayes
x
x
x
x
x
x
x
second reading on November 24, 1969.
2. Proposed Ordinance No. 1319, being,
Ai
Re
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 5.14.070,
5. 14. 150 AND 5. 14. 180 OF THE NEWPORT
BEACH MUNICIPAL CODE RELATING TO FORM
OF CERTIFICATE, AMBULANCE RATES AND
APPLICATION FEE, RESPECTIVELY,
A report was presented from the City Attorney.
•Motion
x
Ordinance No. 1319 was introduced and passed to
Ayes
x
x
x
x
x
x
x
second reading on November 24, 1969.
Motion
x
A public hearing was set for November 24, in
Re
Ayes
x
x
x
x
x
x
x
accordance with Section 5. 14. 150 of:the Newport
Beach Municipal Code, for the purpose of determining
whether ambulance rate schedules for Seal's
Ambulance Service and Schaefer Ambulance Service
should be changed as set out in Resolution No. 7091
which was adopted October 27, 1969.
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raffic
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nbulance
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R -7091
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CITY OF NEWPORT BEACH
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= 9 November 10, 1969 INDEX
3. Proposed Ordinance No. 1320, being,
Curb Cut
•
Permits
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 13.06 TO TITLE 13
OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO CURB CUTS AND OTHER
ALTERATIONS TO PUBLIC STREETS,
Motion
x
and a report from the City Attorney were postponed
Ayes
x
x
x
x
x
x
x
to November 24 for further study.
4. Proposed Ordinance No. 1321, being,
Curb Cut
AN ORDINANCE OF THE CITY OF NEWPORT
Abatemen
BEACH ADDING CHAPTER 13.07 TO TITLE 13
OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO REPLACEMENT OF CURB CUTS
AND DRIVEWAY APPROACHES,
establishing abatement procedure for curb cuts and
driveway approaches no longer needed or in use, and
Motion
x
a report from the City Attorney were postponed to
Ayes
x
x
x
x
x
x
x
November 24 for further study.
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:
Letter addressed to Mayor Marshall from the Anti-
Trust Division of the Department of Justice
acknowledging receipt of Newport Beach Resolution
No. 7086, stating that they have concluded that public
interest would best be served by entering into a
consent judgment in connection with the anti -trust
action against four major automobile manufacturers,
emphasizing that the Department's suit was a civil,
rather than a criminal, action which did not seek to
impose punishment or collect damages for past
conduct and further stating they believe the proposed
consent decree provides relief which is fully adequate
to hasten research and development in the field, and
moreover, all the relief they could have expected to
obtain after full trial that might take two or three
years.
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COUNCILMEN CITY OF NEWPORT BEACH
MINUTES
November 10, 1969
Letter from Mrs. Nichalas Kfaury thanking the
Council on behalf of the parents of Lincoln School and
the PTA Board for its attention to the matter of the
speed limit on San Joaquin Hills Road.
Letter from The Bird Club expressing appreciation
for all the help and consideration received from the
Newport Beach City Council for the second annual
tricycle race held on October 26.
Letters from the following urging the preservation of
Upper Newport Bay: Gus C. Patzer, Mrs. Mele
Koneya, Fern Zimmerman, Evelyn Gloege and
Warren W. Crow, Jr.
Opinion of the Public Utilities Commission in the
matter of the application of the Atchison, Topeka and
Santa Fe Railroad Company for authority to increase
California intra -state passenger fares to the level
authorized for Southern Pacific Company, that the
proposed increases in passenger fares are justified
and that a public hearing is not necessary.
Notice of Local Agency Formation Commission
hearing to be held November 12 on the proposed
annexation to the airport county service area No. 11,
designated West Red Hill area annexation, located
on the southeast corner of Newport Freeway and
Alton Avenue.
Letter from Margot Skilling, President of the West
Newport Improvement Association, regarding pro-
posed parking lots in the West Newport area.
Resolution of the Board of Supervisors authorizing
execution of the Lifeguard Service Agreement dated
October 21, 1969 between the County of Orange and
the City of Newport Beach.
Notice of Transportation Committee hearing to be
held in San Francisco on November 18 on the question
of how responsive the current revenue allocation
formulas are to local needs.
Agenda of the Orange County Airport Commission
regular meeting held on October 22.
Agenda for Board of Supervisors meetings held
October 28, 29, November 4 and 5, 1969.
Volume 23 - Page 109
INDEX
COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
0" CALL_ ���"��
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November 10, 1969 INDE
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Letter from the City of Cypress acknowledging
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receipt of City of Newport Beach Resolution No. 7086
and enclosing a copy of City of Cypress resolution
authorizing the Attorney General of the State of
California to act on behalf of the City of Cypress in
the filing service and prosecution of a civil anti -trust
suit for damages against automobile manufacturers
for conspiring to retard introduction of smog- control
devices in the State of California.
Letter from the President of the Orange Coast College
Student Body inviting the Council to attend its dedi-
cation on November 25, 1969 at 11:00 A. M. Com-
memorating the 200th birthday of the founding of
California.
•
2. The following communication was referred as
Beach
indicated:
Erosio3
Referred to staff for reply, letter from Miss Maryann
Bannan requesting an explanation of the sand haul
operation in West Newport.
3. The following resolutions were adopted after the
reading of the resolutions was waived by unanimous
consent of the Council:
Resolution No. 7092 authorizing removal of stop
Stop Sil
controls on Irvine Avenue at Clay Street.
Resolution No. 7093 awarding a contract for the jetty
Jetty
bulkhead construction at Channel Road, Contract
Bulkhe�
No. 1242, to Connolly - Pacific Company in the amount
of $42, 474. 00. (A report from Public Works
.
Director was presented.)
Resolution No. 7094 declaring favorable consideration
Annx 61
of and signifying preliminary consent in principle to
the annexation of territory known as Pacific View
Memorial Park (Phase I), Annexation No. 69,to the
City of Newport Beach.
4. The City Clerk's referral of the following claims to
the insurance carrier was confirmed:
Claim of Doris Felts for damage to her automobile
Felts
allegedly caused when it was involved in an accident
with a City vehicle.
Volume 23 - Page 110
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
ROB CALL
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November 10. 1969
INDEX
Claim of Robert L. Davidson for damage to his auto-
Davidson
mobile allegedly caused when he was involved in an
accident with a City vehicle.
Summons and First Amended Complaint for Damages
DeHoog
(False Arrest and Imprisonment) of Daniel DeHoog.
Claim of Southern Counties Gas Company for damage
So Counties
to 2" copper main at 310 El Modena, Newport Beach
Gas Co
on October 13, 1969, allegedly damaged by City
forces.
Claim of Terrance M. Bredeau for damage to his
Bredeau
motor bike allegedly caused when it was struck by a
City vehicle.
Claim of Southern Counties Gas Company for damage
So Counties
to their 2" gas main at 410 El Modena, allegedly
Gas Co
damaged by City forces.
5. City Manager Harvey Hurlburt's expense accounts for
Expense
attendance at Airport Noise Seminar in Washington,
Account
D. C. on October 7 -9, and attendance at ICMA
conference in New York City on October 11 -16, 1969,
were approved.
6. The following business license applications were ap-
proved:
Bruce P. Henderson, 1704 Park Avenue, Balboa
Island, for door to door soliciting for Newport Beach
Cablevision.
Robert L. Grizzell, 1519 Santanella Terrace,
Distributor for Nutrilite Products, food supplement
and cosmetics.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Traffic Engineer
Traffic
regarding traffic signal priorities.
Signal
Priorities
The recommended priority list consisting of Item 1,
intersection of Irvine Avenue and Santiago Drive, and
Item 2, intersection of Eastbluff Drive and Jamboree
Road, were approved; and Item 3, intersection of
Newport Center Drive and Ring Roacj was deleted
x x
x
from the priority list.
It was understood that the staff would have plans
prepared for construction of the approved signals.
Volume 23 - Page 111
COUNCILMEN
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CITY OF NEWPORT BEACH MINUTES
ROLL CALL INAM11\
M- N November 10, 1969 INDEX
CONTINUED BUSINESS:
1. Proposal from Binder, Mestyanek & Co., Certified
Auditing
Public Accountants, for auditing services to the City
Services
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 audit fee and
hourly fee, was considered.
A report was presented from the City Manager.
Resolution No. 7096, authorizing the execution of an
R -7096
•
agreement with Binder, Mestyanek & Co, for
auditing services for fiscal year 1969 -70 in accordance
Motion
x
with revised annual fee and hourly rates, was adopted
Ayes
x
x
x
x
x
x
x
after the reading of the resolution was waived by
unanimous consent of the Council.
2. Three letters in favor of and ten letters opposing the
Tidelands
Tidelands Use Fees and proposed ordinance were
Use Fees
presented.
!✓lotion
x
Consideration of the Tidelands Use Fees was post -
Ayes
x
x
x
x
x
x
x
poned to November 24, 1969 as requested by the
Tidelands Use Fees Committee.
CURRENT BUSINESS:
1. Consideration of Final Map of Tract 7027 was
deferred until later in the evening.
2. A report was presented from the Traffic Engineer
Street
regarding parking prohibitions on various streets in
Cleaning
West Newport in connection with the street cleaning
program.
Resolution No. 7097, prohibiting parking from
R -7097
9:00 a. m, to 12:00 noon between Seashore Drive and
Balboa Boulevard on certain streets in West Newport,
Motion
x
was adopted after the reading of the resolution was
Ayes
x
x
x
x
x
x
x
waived by unanimous consent of the Council.
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COUNCILMEN
CITY OF NEWPORT BEACH
November 10, 1969
MINUTES
INDEX
3. A letter addressed to Mayor Marshall from the
National League of Cities stating that its Bylaws have
been amended to provide for cities over 30, 000
population to have direct membership in the National
League, and inviting the City of Newport Beach to
become a direct member of the organization,. was
presented.
The City's membership in the National League of
Cities, effective November 1, 1969,and payment of
$250. 00 for the annual membership fee were approved;
and Mayor Doreen Marshall was designated as the
voting delegate at the Congress of Cities to be held
in San Diego, California, December 1 -5, 1969.
League
of Cities
4. A letter from the Corona del Mar Chamber of Com- CdM Sign
merce requesting that the Corona del Mar - Newport
Beach sign for the east end of Corona del Mar be
placed on the agenda for discussion was presented
with a report from the Planning Director.
Dee Cook, President of the Corona del Mar Chamber
of Commerce, spoke from the audience.
It was directed that the Corona del Mar Chamber of
Commerce be notified that they should go ahead with
installation of their own sign as originally planned
and that Council approval of the sign should be
indicated to the County Planning Commission, and
the staff was directed to bring back a Master Plan
for entrance signs for the City of Newport Beach.
5. A report from the Planning Director regarding the
findings of the Planning Commission in connection
with the Final Map of Tract 7027, Donald R, Bren
Co., subdivider, 28.36 acres divided into 84 lots
for single family homes, portion of Blocks 92 and
93 of Irvine's Subdivision, located easterly of Mac-
Arthur Boulevard at southerly extension of Newport
Hills Drive West,was presented with a report from
the Public Works Director.
Planning Director Larry Wilson gave a staff report.
The Final Map of Tract 7027, subject to conditions
recommended by the Planning Commission and
subject to the further condition that the Final Map
not be recorded until the interest of the Metropolitan
Water District in a portion of the property has been
quitclaimed to The Irvine Company, was approved.
Volume 23 - Page 113
City
Entrance
Sign
Tract 7027
COUNCILMEN CITY OF NEWPORT BEACH MINUTES
ROLL CALL \\ffilrA
\a\ November 10, 1969 INDEX
Resolution No. 7098, authorizing execution of an
R -7098
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agreement with Donald L. Bren Company, subdivider,
for public improvements in Tract 7027, except Mac -
Motion
x
Arthur Boulevard, was adopted after the reading of
Ayes
x
x
x
x
x
x
x
the resolution was waived by unanimous consent of
the Council.
Resolution No. 7099, authorizing execution of an
R -7099
agreement with Donald L. Bren Company, subdivider,
for public improvements in connection with Mac -
Motion
x
Arthur Boulevard in Tract 7027, was adopted after
Ayes
x
x
x
x
x
x
x
the reading of the resolution was waived by unanimous
consent of the Council; however, if the developer
should improve MacArthur Boulevard at the same
time as constructing the other improvements, this
agreement would not be required.
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6. A letter from Ken Allen regarding Small Claims
Skill
action by the City of Newport Beach in connection
Games
Motion
x
with billiard tables in his establishment was ordered
Ayes
xxxxxxx
filed.
ADDITIONAL BUSINESS:
x
1. The City Attorney was directed to prepare a resolution
Marine
•Motion
Ayes
x
N
x
X
X
X
N
for consideration on November 17 which would express
Sanctuarl,
Council support of Senate Bill No. 3093 regarding the
Act
State Marine Sanctuary Act.
Motion
x
2. The staff was directed to seal or retard the oil leak
W. Npt
Ayes
x
x
x
x
x
x
x
at the channel end of 43rd Street by removing a
Oil Seep
portion of the material adjacent to the site of the oil
leak, and adding a layer of cement and replacing
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with clean material; the cost of the sealing work not
to exceed $2, 000 without further Council approval;
this work to be done in'place of the work
previously authorized by the City Council on
September 22, 1969 under Budget Amendment No. 31.
3. The proposed policy statement on airport zoning was
Airport
Motion
x
approved in principle, and its presentation to the
Zoning
Ayes
x
x
x
x
x
x
x
California Legislature Assembly Committee on Com-
munication and Public Utilities in Sacramento on
November 20 -21, 1969, was authorized.
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Volume 23 - Page 114
COUNCILMEN
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Motion
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CITY OF NEWPORT BEACH
MINUTES
a
November 10, 1969
ADDITIONAL ITEMS:
Peter Vail, resident of Balboa Island, spoke from the
audience urging the retention of the Balboa Island Fire
Station on Balboa Island.
The Mayor stated that the regularly scheduled Study
Session for November 17 would not be held.
x
The meeting was adjourned at 8:30 P.M. to 7:30 P, M.
x
x
x
x
x
x
x
November 17, 1969.
O
mayor
ATTEST.
ity erk
Volume 23 - Page 115
INDEX
BI Fire
Station