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Home My WebLink About12/08/1969 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES \\ \ \\ \ \\ REGULAR COUNCIL MEETING \c��\ Place: Council Chambers V^ YA�r Z Time: 7:30 P.M. RQLL CALL \$ \Qt� \F \�� \ \9 Date: December 8, 1969 INDEX Present x x x x x x Roll Call. sent x The reading of the Minutes of the Special Meeting of Motion x November 20 and of the Regular Meeting of November 24, Ayes xxxx x x 1969 was waived and said Minutes were approved as Absent x written and ordered filed. ORDINANCES FOR ADOPTION: 1. 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 ALTER- ATIONS TO PUBLIC STREETS. Motion x Ordinance No. 1320 was adopted after the reading of Ayes xxxx x x the ordinance was waived by unanimous consent of Absent x the Council. Z. Ordinance No. 1321, being, Curb Cut batemen 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. Motion x Ordinance No. 1321 was adopted after the reading of Qyes xxxx x x the ordinance was waived by unanimous consent of bsent x the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1323, being, Surfing egs AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTIONS 11. 16. 100 THROUGH 11. 16.150 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO LICENSING OF SURFBOARDS. Motion x Ordinance No. 1323 was introduced and passed to — es xxxx x x second reading on December 15, 1969. sent x • Volume 23 - Page 130 t R 6L CAL 0 E • Motio: Ayes Absen Motio: Wes sen F_ I L • • COUNCILMEN CITY OF NEWPORT BEACH December 8, 1969 2. Proposed Ordinance No. 1324, being, MINUTES AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 39, 49, 50, 53, 54, 55 AND 56, Planning Commission Amendment No. 260, rezoning property of The Irvine Company, bounded on the south by San Joaquin Hills Road, on the west by Jamboree Road, on the north by Ford Road and on the east by MacArthur Boulevard (Big Canyon), from an Un- classified "U" District to a Planned Community "PC" District. A report was presented from the Planning Director regarding the findings of the Planning Commission. Ordinance No. 1324 was introduced and set for public hearing on December 22, 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: Letters from the following regarding the Upper Newport Bay Land Exchange: Alsen Tackard, Alice Brown Field, Betty Kilmer, Sten Vermund, Florence Campbell, Nancy Skinner, Stephen Reimer, Richard O'Brien and Carol Blanpied. Letters from Harvey Pease and from Mrs. Marshall T. Martin in favor of the proposed ordinance on pier registration and tidelands use fees, and letters from Mrs. Edward H. Kelly, R. Wellman and Herman Fink opposing the proposed tidelands use fees. Letter from the Parks, Beaches and Recreation Com- mission regarding disturbance of water fowl in the Upper Bay. Letter from the State Division of Highways informing the City of acquisition of property-at 200 - 61st Street, Newport Shores. Letter from Nora Rutledge enclosing a copy of a "Gloomy Gus" column. Volume 23 - Page 131 INDEX gist Maps 9, 49, 50, 3, 54, 55 56 Upper Npt Bay Land Exchange Tidelands Use Fees COUNCILMEN CITY OF NEWPORT BEACH MINUTES RD6L CALL \B' \$� \� \�� \= \9\ December 8, 1969 • Notice of Assembly Transportation Committee hearing on December 10 in San Diego to continue review of the allocation of transportation revenues in California. Notice of hearing of the Public Utilities Commission regarding application of Southern California Edison Company to construct and operate two new steam electric generating units at its Huntington Beach Generating Station. Agenda of the Board of Supervisors meetings held November 25, 26, December 2 and 3, 1969. Letter from the State Department of Public Health Or declaring Orange County a Rabies Area and requesting He; completion of a "Statement of Enforcement" form. Required form completed by the City License Super- visor and returned. Letter from R. H. Clucas thanking the Council and Be; staff for their concern and efforts in controlling the Erg sand haul operations. Letter from Cliff Haven Community Association com- Cli mending the City for installation of the retaining wall Coi • . at the base of the Cliff Haven bluff at Dover and Coast Asi Highway with resultant pedestrian safety. Bulletin from the League of California Cities setting Le; out resolutions adopted at the 1969 annual conference. Ca] 2. The following communications were referred as indicated: • Referred to staff, letter from J. W. Parks regarding the iron cage installed over one of the cave entrances Pii Co at Corona del Mar. Referred to Air Traffic Advisory Committee, letter Or from Joseph S. Pike, Jr, regarding instrument Aix landing system at the Orange County Airport in con- Noi nection with noise, safety and airport expansion. Ab; Referred to Air Traffic Advisory Committee, reso- Or' lution of the Board of Supervisors resolving that the Aiz County Counsel file a brief in opposition to the Op( granting of any awards by the Civil Aeronautics Board Deg in providing for airline routes into Orange County m from the Pacific Northwest, and particularly to the • award to Continental Airlines, Inc. • Volume 23 - Page 132 INDEX ;o Dept Llth ach :)sion ff Haven nm 90c tgue .if Cities sates re �o port .se ite ment 10 port :ration ,elop- ,nt COUNCILMEN CITY OF NEWPORT BEACH MINUTES \s RQLL CALL INAM"I\M -k December 8, 1969 Referred to Pending Legislation Committee, letter Hw ® from Assemblyman E. Richard Barnes regarding proposed 1970 legislation to change formula for distribution of gas tax highway construction funds. Referred to staff for reply, letter from the California Rel Council on Inter- Governmental Relations regarding Plr the establishment of Regional Planning Districts and Dis requesting a response by December 12. (A report from the Planning Director to the City Manager was presented recommending approval of present boundaries.) 3. The following resolution was adopted after the reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7106 designating surfing areas and Sul establishing regulations relating thereto and repealing Rel Resolution No. 6840. 4, The City Clerk's referral of the following claims to Clr the insurance carrier was confirmed: Claim of Southern Counties Gas Company for damage So to their 3/4" steel gas service at 405 El Modena. Gai Claim of Elizabeth B. Colleran for personal injuries Col sustained on October 11, 1969 when she slipped from a curb in the vicinity of Newport Beach Pier. 5. The following Application for Leave to Present Late Lai Claim was approved and the City Clerk's referral of the application to the insurance carrier was con- firmed: Application to Present Late Claim and Claim for Hol Personal Injuries of John Hobart, minor, for injuries sustained on or about April 4, 1969 when claimant was in an accident allegedly as a result of a defective signal light at MacArthur Boulevard and San Joaquin Avenue. (A report from the City Attorney was presented. ) 6. The work was accepted on the West Newport Noxious We Gas Odor Control Device, Contract No. 1236, and GaE 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.) • Volume 23 - Page 133 INDEX y Funds ;ional g tricts fing ;a ns Dmg- Ctys leran e Clm )art st Npt Odor COUNCILMEN RQLL CALL \V$' 0Nt\1A � 9 CITY OF NEWPORT BEACH December 8, 1969 MINUTES INDEX .ff rs ct ring ent 17 ias :ions R 7. The work was accepted on the Westcliff Drive Improve Westch • ments, Irvine Avenue to Dover Drive. Contract No. Dr Imp 1185, and the City Clerk was authorized to file a Irvine/ Notice of Completion and to release the bonds 35 days Dover after the Notice of Completion has been filed. (A report from the Public Works Director was presented.) 8. The expense account of Councilman Rogers for Exp Ac, attendance at the annual League of California Cities Conference in Sacramento on'September 28 - Octoberl, 1969, was approved. 9. The following Application for Sound Amplifying Equip- Sound ment was approved, subject to Sundays and legal Amplif} holidays being excluded in compliance with Section Equipm 10. 32. 060 of the Newport Beach Municipal Code: • Application of Corona del Mar Chamber of Commerce to play Christmas music on a normal sound level record player at the Coast Super Market, 3347 East Coast Highway, and at Brad's TV, 2816 East Coast Highway, Corona del Mar, between the hours of 2:00 P. M. and 7:00 P. M. from December 16 to December 25, 1969. • 10. Minor corrections of the proposed Balboa Bay Club Balboa amended lease were confirmed and approved. (A Bay Ch: report from the City Attorney was presented.) Lease 11. The request of the Balboa Island Business Association Christn to install Christmas decorations on Marine Avenue Decoral was approved, subject to compliance with State and local regulations. (A report from the City Manager was presented.) • CONTINUED BUSINESS: 1. A letter from the Balboa Bay Club requesting modifi- Balboa cation in wording of the lease extension measure Bay Clu being submitted to the voters on January 13, 1970, Lease was presented. Resolution No. 7107, amending Resolution No. 7100 R -7107 by changing the language of the proposition to be submitted to the qualified voters of the City, deleting Motion x the wording after Balboa Bay Club, was adopted after Ayes x x x x x x the reading of the resolution was waived by unanimous Absent x consent of the Council. • Volume 23 - Page 134 .ff rs ct ring ent 17 ias :ions R COUNCILMEN CITY OF NEWPORT BEACH MINUTES 011 L CALL _ \E \�� y�9 December 8, 1969 INDEX Resolution No. 7108, directing the City Attorney to R -7108 • prepare an objective analysis of the proposed amended lease between the City and the Balboa Bay Club and instructing the City Clerk to send a copy of said analysis together with a copy of proposed amended lease to the qualified voters of the City with the Motion x sample ballot, was adopted after the reading of the Ayes x x x x x x resolution was waived by unanimous consent of the Absent x Council. Motion x 2. A report from the City Attorney regarding traffic Traffic Ayes x x x x x x signal priorities and cost sharing was received and Signal Absent x ordered filed. Prioritie£ CURRENT BUSINESS: 1. A letter from the Parks, Beaches and Recreation CdM State Commission regarding the Corona del Mar State and & City City Beach concession lease was presented with a Bch Prk report from the City Attorney with proposed Con- cession Agreement and Notice Inviting Bids. The proposed Concession Agreement form and the Notice Inviting Bids form were approved, the plans • and specifications for a concession facility in Public Service Area No. 2 were approved, and the City Clerk Motion x was directed to call for sealed bid proposals, in Ayes x x x x x x accordance with Notice to Prospective Concession - Absent x aires, to be received at or before the hour of 10:00 A. M. on January 12, 1970. 2. A letter from Joseph H. Learning, President of the Annexn Leaming Engineering Corporation, requesting Request otion x annexation of a 22 acre parcel located near Monrovia yes xxxx x x Avenue and 16th Street was referred to the Planning Absent x Commission. 3. A report from the City Manager regarding additional Table of staffing in the Building Department was presented. Authori- zation Motion x The Table of Authorization was amended to add one Ayes xxxx x x Plan Checking Engineer position (Salary Range 43. 5) Absent x and one Building Inspector position (Salary Range 39. 0) to the Building Department, and the following Budget Amendment was approved: BA -36, $8, 950 transfer of Budget Appropriations for hiring of Plan Check Engineer and Building Inspector from Unappropriated Contingency Reserve to Building - Regular Salaries, General Fund. • Volume 23 - Page 135 COUNCILMEN \ � \\7a*5\w\X y CITY OF NEWPORT BEACH MINUTES 196L CALL \Q \$� \4 \� \s \9\ December 8, 1969 INDEX 4. A letter from James E. Harrington requesting the Ocean otion x City to resurface Ocean Boulevard between Blvd yes x x x x x x Marguerite and Narcissus Avenues, Corona del Mar, Resurfcn Absent x was referred to staff for further study and report. 5. A report from the City Manager regarding City Hall Switchbd switchboard equipment was presented. City Hall The City Manager was authorized to execute an agreement with the Pacific Telephone and Telegraph Motion x Company to provide for the replacement of the Ayes x x x x x x existing 60 station switchboard with one having a 100 Absent x station capacity. 6. A report from the City Manager requesting appropri- Civic ation of funds for special architectural services Center • related to the new Civic Center was presented with a letter from Welton Becket and Associates. The City Manager was authorized to spend up to $5, 000 for special architectural consulting services relating to the new Civic Center; such expenditure Motion x to be in accordance with the terms of the basic Ayes x x x x x x contract between the City and Welton Becket and Absent x Associates. • ADDITIONAL BUSINESS: Motion x 1. City Manager Harvey Hurlburt was appointed as the Executive Ayes x x x x x x City's representative to the Executive Coordinating Coord Absent x Committee which is being proposed by The Irvine Cmte Company. x 2. The Median Landscaping Developments on Public Median 4Votion yes x x x x x x Cul de Sacs Statement Policy was adopted. Land - Absent x scaping The Council agreed that the policy was adopted with Cul de Sa the understanding that it be on an experimental basis. Policy ADDITIONAL ITEMS: 1. Police Chief Glavas gave a staff report on the Telephon proposed telephonic alarm system ordinance. Alarm System It was agreed that the matter would come back to Council when the draft ordinance was finalized, which was to include the right of inspection by the Fire Department. • Volume 23 - Page 136 X is COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROJ,LCALL T000%4\ 01\ December 8, 1969 2. The publication of "From Out of Sherwood Forest" • was discussed. Mayor Marshall stated that the regularly scheduled Study Session for December 15 would not be held. The meeting was adjourned at 8:25 P. M. to 7:30 P. M. on December 15, 1969, for the purpose of holding an Executive Session with the City Manager and the City Attorney in connection with the Upper Newport Bay Land Motion x Exchange litigation and for the second reading and con - Ayes x x x x x x sideration of adoption of the Pier Registration and Tide - Absent x lands Use Fee Ordinance. • Mayor ATTEST: City Cl rk • • • Volume 23 - Page 137 INDEX