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HomeMy WebLinkAbout11/24/1969 - Regular MeetingCOUNCILMEN \\'J \y\\\\p\ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P. M. MINUTES R9LL CALL \yII'\o2EMSI s N Date: November 24, 1969 Present x x x x x x x Roll Call. • The reading of the Minutes of the Regular Meeting of November 10 and of the Adjourned Meeting of November 17 Motion x 1969 was waived and said Minutes were approved aswritten Ayes x x x x x x x and ordered filed. HEARINGS: 1. Mayor Marshall opened the public hearing, in A m accordance with Section 5. 14. 150 of the Newport Re Beach Municipal Code, for the purpose of determining whether ambulance rate schedules for Seal's Ambu- lance Service and Schaefer's Ambulance Service should be changed as set out in Resolution 7091 which • was adopted by the City Council on October 27, 1969. No one desired to be heard. Mayor Marshall closed the public hearing with the unanimous consent of the Council. Motion x Resolution No. 7091 was reaffirmed. Ayes xxxxxxx ORDINANCES FOR ADOPTION: 1. Ordinance No. 1318, being, Tr Re AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 16. 020 OF THE NEWPORT BEACH MUNICIPAL CODE DESIG- NATING 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, was presented for second reading. Motion x Ordinance No. 1318 was adopted after the reading of Ayes x x x x x x x the ordinance was waived by unanimous consent of the Council. • Volume 23 - Page 120 INDEX bulance gs affic gs ROLL CALI • • Motion Ayes n U • Motion Aye s • Motion Aye s • • COUNCILMEN CITY OF NEWPORT BEACH November 24, 1969 2. Ordinance No. 1319, being, MINUTES 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, was presented for second reading. Ordinance No. 1319 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: INDEX Ambulance Regs 1. 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. A report was presented from the City Attorney. Ordinance No. 1320 was introduced and passed to second reading on December 8, 1969. 2. Proposed Ordinance No. 1321, being, Curb Cut Abatements AN ORDINANCE OF THE CITY OF NEWPORT 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. Ordinance No. 1321 was introduced and passed to second reading on December 8, 1969. Volume 23 - Page 121 COUNCILMEN o � - CITY OF NEWPORT BEACH MINUTES HULL GALL N Z � � Z 9 November 24, 1969 INDE 3. Proposed Ordinance No. 1322, being, Tidelan Use Fe • AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.33, ENTITLED "PIER REGISTRATION AND TIDELAND USE FEE ", TO TITLE 17 OF THE NEWPORT BEACH MUNICIPAL CODE. A report dated November 12 was presented from the Tidelands Use Fees Committee. Two letters in favor of and 49 letters opposing the tidelands use fees and proposed ordinance were presented. City Clerk Laura Lagios stated that the number of • letters received from individuals in favor of the proposed ordinance totalled twenty -five, opposing letters and telegrams received from individuals totalled 233 and opposing letters from associations and marine - oriented businesses totalled ten. Harbor and Tidelands Administrator George Dawes gave a staff report and a brief review of the ordinance. A question and answer period followed. • The Mayor opened the matter to formal individual presentations, and the following people spoke in opposition to the ordinance: Larry Miller, repre- senting the Marine Division and the Executive Board of the Newport Harbor Chamber of Commerce; Robert McCurdy, President of the Marine Division of the Newport Harbor Chamber of Commerce; Don Elder, President of the Balboa Peninsula Point Association; John Webb, representing the Central • Newport Beach Community Association; C. B. Knickerbocker; Hank Hill; Dee Cook, President of the Corona del Mar Chamber of Commerce; Mrs. Edward Kelly; Roland Vallely; Mrs. William Wren; Blackie Gadarian; Vin Jorgenson; Harvey Somers; Charles Cotten; Roy Woolsey, Commodore of the Lido Island Yacht Club; Mrs. Vicker and John Negus. Motion x Vice Mayor Parsons made a motion to introduce Ordinance No. 1322, as amended, and pass to second reading on December 15, 1969• • • Volume 23 - Page 122 W ds °s ROLL CALI • Motion D es es Ayes Noes • Motion Ayes_ • • • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES November 24, 1969 INDEX Councilman Rogers made a motion to amend Section 17. 33. 060 of the ordinance to change the annual fees due date from the first day of mar.ch':to the first day of July to conform with the City's fiscal year, which amendment did not carry. A vote was taken on Vice Mayor Parsons' original motion, and Ordinance No. 1322, as amended, was introduced and passed to second reading on De- cember 15, 1969. RECESS was called for five minutes. The Council reconvened with all members present. 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 to Mayor Marshall from Ralph W. Allin, Vice President, Balboa Island Improvement Association, commending the Newport Beach Fire Department. Letter from G. Gartz congratulating Council on its IOrco continuing efforts to reduce noise and keep Continental Airport Airlines out of Orange County Airport. Copy of letter to Alton E. Allen from Richard D. Or Co Carroll stating his belief that the only tool we can Airport use to influence the FAA in connection with pollution and noise problems created by the jets at Orange County Airport and with the possibility of Continental Airlines coming into the airport would be by con -. trolling the size of the airport facilities. Letter from Calvin Rohrs, property owner at 2706 Surfboard West Ocean Front, asking that the surfboard tax be License continued and stating that the place has cleaned up since the tax and conditions are much better. Notice from Local Agency Formation Commission of hearing to be held on November 26 in connection with proposed annexation to Costa Mesa County Water District designated Annexation No. 28. Volume 23 - Page 123 COUNCILMEN I�.0 % !$A ROLL CALL ZZ � 9 << X9%'9 CITY OF NEWPORT BEACH November 24, 1969 MINUTES INDEX • Preliminary agenda of Local Agency Formation Com- Annx mission for meeting of November 26 stating that No. 69 • proposed annexation to the City of Newport Beach, Pacific View Memorial Park - Phase I (Annexation No. 69) will be considered. Order Instituting Investigation before the Public Public Utilities Commission, Case No. 8993, regarding Utilities Rules Pertaining to Underground Extensions to Com- mercial and Industrial Developments and to Individual Customers of all Electric and Communication Public Utilities in the State of California. Agenda of Board of Supervisors meetings held November 12, 13, 18 and 19, 1969. • Post cards from Mr. and Mrs. L. C. Fulwiler, Mrs. Upper I Ann Carpenter and John W. Parker requesting that Land a member of the Council present the case for New - Exchanl port Beach in the court case regarding the Upper Newport Bay land exchange. Resolution from the Building Industry Association of California, Inc. regarding competitive bidding, BIA 1969 Congress. . • 2. The following communications were referred as indicated: Referred to Planning Commission, letter from Parks, Jambor, Beaches and Recreation Commission stating it wants PCH to go on record with the Council expressing its Window concern about the loss of windows to the bay and to the stating that when the area at Jamboree and Pacific Bay Coast Highway is developed by The Irvine Company a public perimeter road should be incorporated in the plans in order to retain one of the last strategic scenic bay views. Referred to Pending Legislation Committee, reso- lutions of Building Industry Association of California, Inc. regarding reduction in housing costs and supporting arbitration in public works. Referred to staff and to Pending Legislation Com- TOPICS mittee, letter from the interim TOPICS advisory committee, State Department of Public Works, regarding implementation of the Federal TOPICS program in California and regarding future appoint- ment of a Coordinating Agent and soliciting recom- mendations in the matter of selection of same. . Volume 23 - Page 124 lay ;e E�e/ COUNCILMEN ROLL CALL Noy • is • • • CITY OF NEWPORT BEACH MINUTES November 24, 1969 Referred to General Services Director, letter from Orange County Road Department advising that all landfill disposal and transfer stations will be closed Thanksgiving Day, Christmas Day and New Years Day, but will be open on the Saturdays following these holidays. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: INDEX Resolution No. 7103 approving an agreement with the lIrvine Irvine Ranch Water District to provide mutual Ranch emergency aid. (A report from the Public Works Water Director was presented.) District Resolution No. 7104 modifying Section IX of Personnel Resolution No. 5289 relating to off -duty training and educational reimbursement. (A report from the City Manager was presented. ) 4. The City Clerk's referral of the following claims to (Claim the insurance carrier was confirmed: Dmgs Claim of Judith Reitz for damages to her car Reitz allegedly caused when she was involved in an accident with a City vehicle on November 1, 1969 on Jamboree Road between Bayside Drive and Coast Highway. Claim of Harry W. Callas for damage to his auto- Callas mobile on November 11, 1969 allegedly caused when it was involved in a collision with a City vehicle on Bayside Drive. Claim of Union Oil Company for damage to their I Union Oil service station at 3928 East Coast Highway, Corona del Mar on November 3, 1969, allegedly caused by a City vehicle. Claim of Charlotte W. Munro for damages resulting Munro from a fall at Jasmine alley in Corona del Mar on October 27, 1969, allegedly due to inadequate lighting. 5. The public improvements constructed in conjunction with Tract 6468, located between Vista Del Sol and Vista Del Oro, adjacent to Eastbluff Drive, were accepted and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented. ) Volume 23 - Page 125 COUNCILMEN \\J CITY OF NEWPORT BEACH MINUTES ROLL CALL _' NIM�\IrVS\9\ November 24, 1969 INI 6. The work was accepted on the Master Traffic Count Traffi Station, Contract No. 1119, and the City Clerk was Count • authorized to file a Notice of Completion and to Statioi release the bonds thirty -five 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 construction of Buck Buck Gully Bottom Control Device, Contract No. 1239, and Gully the City Clerk was authorized to file a Notice of Contrc Completion and to release the bonds thirty -five days Device after the Notice of Completion has been filed. (A report from the Public Works Director was presented. 8. The work was accepted on the construction of Under:= :. Under ground Telephone Line to Lifeguard Towers, Contract grou: • 1190, and the City Clerk was authorized to file a Utiliti Notice of Completion and to release the bonds thirty - five days after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 9• The following Application for Sound Amplifying Equip- Sound ment was approved, subject to Sundays and legal Ampli. holidays being excluded: Equipr • Application of John H. Shewmake, Pastor of the Newport Harbor Seventh Day Adventist Chursh, to use low- powered, tape- recorded carols with top -of- car speaker in conjunction with Christmas caroling from house to house each evening from 6:00 to 9:00 between Thanksgiving and Christmas. (The letter of application and a report from the City Manager were presented.) • 10. The following business licenses were approved: Applications of Edward A. Palmer, Cherie Adams and Richard M. Stoneman, Newport Beach Cablevision, for door to door soliciting for cablevision. 11. The following Budget Amendments were approved: BA -34, $250. 00 transfer of Budget Appropriations for membership dues in National League of Cities for 1970 from Unappropriated Contingency Reserve to Nondepartmental., Publications & Dues, General Fund. BA -35, $5, 535. 93 decrease in Unappropriated Surplus for refund of funds to County AHFP which were • Volume 23 - Page 126 )EX ad �s Eying nent COUNCILMEN CITY OF NEWPORT BEACH MINUTES TOLL CALL \fn \oyrtF\�f \�� Z 9 November ?-4, 4, 196 9 _ deposited in excess of expenditures counties shared • for construction of Jamboree Road from Coast High- way to Ford Road (C -1027) from Unappropriated Surplus, Gas Tax Contribution. (A report from the Public Works, Director was ptesented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Kenneth R. Logan regarding delivery Un of unsolicited mail and requesting Council to consider Ma the litter problem and a card from D. W. Fife regarding action of Fullerton City Council restricting delivery of unsolicited publications and asking similar Motion x action by City of Newport Beach, were referred to the Ayes x x x x x x x staff for reply. • 2. The request of Reg Jones, Promotion Director, Fashion Island, to place a decorative Christmas angel on the light pole just north of the Newport Center marker on Pacific Coast Highway was ap- . Motion x proved, subject to the attachments to the light pole Ayes x x x x x x x being approved by the Public Works Director. CONTINUED BUSINESS: • 1. Resolution No. 7105, approving the form and content Ba of a proposed amended lease between the City and Ba Balboa Bay Club, Inc. to be submitted to the voters of the City for their consideration at*a Special R- Motion x Election, was approved after the reading of the Ayes x x x x x x x resolution was waived by unanimous consent of the Council. Z. It was agreed to defer the matter of the Balboa . parking lot until later in the evening. 3. A report from the City Manager on the Private Streets Pr Motion x Policy was referred to the Planning Commission for Stx Ayes x x x x x x x appropriate action. Po CURRENT BUSINESS: 1. The following letters regarding the Upper Newport Up Motion x Bay land exchange were ordered filed, and an La Ayes xxxxxxx Executive Session was scheduled for December 15 Ex • • Volume 23 - Page 127 INDEX solicited it lboa y Club 7105 ivate eets licy per Bay nd change COUNCILMEN \\*S \\\\ CITY OF NEWPORT BEACH MINUTES ROLL CALL �N�°y \�F��ir9 November 24, 1969 INDEX • for the Council to meet with the City Manager and the City Attorney relative to the pending litigation before the courts: A letter from the Newport Harbor Chamber of Com- merce urging Council's reaffirmation of its support of the proposed Upper Newport Bay land exchange, a letter from Harvey D. Pease commending Council for its decision to restudy question of Orange County - Irvine Company land exchange of the Upper Newport Bay, and fourteen letters opposing the Upper Bay land exchange. Z. A letter from the Newport Mesa Unified School Budget District inviting the City to be rgpresented on the Advisory Motion x Budget Advisory Committee was ordered filed, and Cmte 16 es xxxxxxx the City Manager was directed to reply. 3. A report from Economics Research Associates dated Civic November 24, 1969, entitled "A Plan for Relocation Center Motion X of the Newport Beach Civic Center, " was received Ayes xxxxxxx and referred to staff. 4. A report was presented from the City Manager Personnel regarding addition of Personnel Analyst position in Analyst • Personnel office from December 1, 1969 to January 30, 1970. Motion x The Table of Authorization was amended to add one Ayes xxxxxxx Personnel Analyst position in the Personnel office for a period from December 1, 1969 to January 30, 1970. ADDITIONAL BUSINESS: • 1. A report from the City Manager on the surfboard Surfboard registration program was presented. License Motion x The City Attorney was directed to prepare a reso- Ayes xxxxxxx lution to completely discontinue, at the end of this administration period, the surfboard registration program, and to prepare an ordinance that would institute on a full -time basis the surfing hours that were adopted by the Council on August 11, 1969• • Volume 23 - Page 128 COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH November 24, 1969 MINUTES II:I■I414 At this time, Planning Director Larry Wilson displayed Balboa a map showing the proposed improvements to the Balboa Parking • parking lot. . Lot Bill Martin, Planning Commissioner, spoke from the audience. The basic plan for improvements of the Balboa Pier Motion x ocean parking lot was approved, with the reservation that Ayes x x x x x x x Phase II is in no way to be considered as part of the plan at this time. Motion x The meeting was adjourned at 12:04 A. M. Ayes xxxxxxx • � iii Ul(i Mayor ATTEST: City C1 rk CJ • • Volume 23 - Page 129