HomeMy WebLinkAbout01/12/1970 - Regular MeetingCOUNCILMEN
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
MINUTES
aOLL CALL S
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�9=�p Date: January 12, 1970 INDEX
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Present
xxxxxxx
Roll Call.
Mayor Marshall welcomed the students in the audience
from the Newport Harbor High School American Govern-
ment classes.
The reading of the Minutes of the Regular Meeting of
Motion
x
December 22, 1969 was waived and said Minutes were
Ayes
x
x
x
x
x
x
x
approved as written and ordered filed.
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1326, being,
Special
Events
AN ORDINANCE OF THE CITY OF NEWPORT
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BEACH ADDING SECTION 5. 10. 025 TO
CHAPTER 5. 10 OF THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO USE OF
PUBLIC BEACHES,
authorizing the City Manager to approve special event
permits for use of public beaches by civic, charitable
or service clubs and organizations, was presented
for second reading.
�otion
x
Ordinance No. 1326 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. 1327, being,
Telephone
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,
Motion
x
was postponed to January 26, 1970 at the request of
Ayes
x
x
x
x
x
x
x
the Pacific Telephone Company.
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
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January 12, 1970 INDEX
CONSENT CALENDAR:
,tion
x
The following items were approved by one motion
es
x
x
x
x
x
x
x
affirming the actions on the Consent Calendar:
1. The following Advisory Communications were ordered
filed:
Letter from the League of California Cities enclosing
Air
its report on air, water, land and noise pollution.
Pollution
Notice from the Local Agency Formation Commission
Whittier
of public hearing to be held January 14 on the pro-
Heights
posed annexation to the City of Costa Mesa designated
Deannx
"Whittier Heights Annexation ".
Notice from the Local Agency Formation Commission
of public hearing to be held on January 14, 1970 on
proposed annexation to Costa Mesa Sanitary District
designated Engineer's No. 123.
Notice of Local Agency Formation Commission
hearing to be held January 14, 1970 on proposed
detachment from Irvine Ranch Water District
designated Detachment No. 6 (Red Hill Exclusion).
Letter from Robert Mackey opposing the tideland use
fee ordinance.
Applications of Southern Counties Gas Company and
Pacific Lighting Service Company Nos. 51567, 51568
and 51569 to the Public Utilities Commission for
increase in gas rates and notice of PUC's pre- hearing
conference on said applications.
Agenda of the Board of Supervisors meetings held
December 23, 24, 30, 31, 1969, January 6 and 7,
1970.
The 1969 report of the Orange County Grand Jury.
Grand Ju,
Report '6
Copy of letter to Chief Glavas from Charles Smoot
regarding parking in alleys on Little Balboa Island.
Letter from Kathy Thomas opposing the Upper New-
port Bay Land Exchange.
Volume 24 - Page 2
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COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
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A January 12, 1970 INDEX
2. The following communications were referred as
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indicated:
Referred to staff, letter from Eileen Costello re-
Complaints
garding litter on the sidewalks on Balboa Island.
Referred to staff for study and report, letters from
Stop Signs
Mrs. Smith, Elton Barnett, Mr. and Mrs. D. Moorer
Irvine at
and P. G. and Mary Ann Barnett requesting the stop
Clay
signs on Irvine Avenue at Clay Street be reinstalled.
3. Resolution No. 7120 was removed from the Consent
Calendar for further discussion.
4. The City Clerk's referral of the following claims to
Clms for
the insurance carrier was confirmed:
Dmgs
Claim of Adeline M. Jackson for bodily injuries, false
Jackson
arrest, false imprisonment, malicious prosecution
and deprivation of civil rights allegedly by the New-
port Beach Police Department.
Claim of Cecil K. Elliott for damage to his automobile
Elliott
allegedly caused when it was involved in an accident
with a City vehicle.
.
Claim of Louis Smaldino for damages to his car
Smaldino
allegedly caused when it was involved in an accident
with a City vehicle.
Claim of Marion Cooper for personal injuries
Cooper
sustained in an automobile accident allegedly due to
faulty barricading by the contractor while repairing
Westcliff Drive.
.
Claim of Mrs. Mary Louise Lyon for damage to her
Lyon
property at 444 Mendoza Terrace on December 18,
1969, allegedly caused by malfunction of a City water
pipe.
5. The work was accepted on the Sewer Force Main
Bal Isle
Across Balboa Island Channel, Contract No. 1223,
Channel
and the City Clerk was authorized to file a Notice of
Sewer
Completion and to release the bonds 35 days after the
Force
Notice of Completion has been filed. (A report from
Main
the Public Works Director was presented.)
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CITY OF NEWPORT BEACH
January 12, 1970
MINUTES
INDEX
6. The staff was authorized to negotiate a cooperative
Jamboree
agreement with the State Division of Highways to cover
Rd Pal/
additional cost involved in modifying the Jamboree
MacArthur
Road Construction - Palisades Road to MacArthur
Boulevard, Contract No. 1205, to conform with the
Corona del Mar Freeway design, and the Public Works
Department was authorized to change the scope of the
work for the design of subject project and increase
the maximum fee for engineering services. (A report
from the Public Works Director was presented.)
7. The City Clerk's recommendation that April, 1970
Election
General Municipal Election Candidates filing a.State-
ment of Qualification shall be charged a prorated
cost for printing and handling the Statements, that
$125 shall be deposited at the time of filing to cover
the estimated cost, and that said deposit shall be
returned if the Statement is withdrawn, was approved.
(A report from the City Clerk was presented.)
8. The following reclassification of positions in the
Table of
Library was approved: (a) reclassification of one
Authori-
Senior Library Assistant position (Salary Range 35. 5)
zation
downward to Typist Clerk III (Salary Range 30),
effective February 1, 1970; (b) reclassification of
one Typist Clerk II position (Salary Range 28. 5) up-
ward to Typist Clerk III (Salary Range 30), effective
January 24, 1970; and (c) addition to the Alphabetical
List of Permanent Classes and Assignment to Salary
Ranges a class entitled Typist Clerk III assigned to
Salary Range 30, effective January 24, 1970. (A
report from the City Manager was presented.)
9• The business license application of Eric N. Flackman
to solicit door to door for Alta -Dena Dairy, retail
milk delivery, 637 So. Hambledon, City of Industry,
was approved.
10. The following Budget Amendment was approved:
BA -42, $265 transfer of Budget Appropriations for
purchase of professional gallery display system to be
installed in City Hall from Unappropriated Contingenc
Reserve to Nondepartmental -Maintenance and Repair
Materials, General Fund. (A report from the City
Manager was presented.)
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CITY OF NEWPORT BEACH
MINUTES
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��9 January 12, 1970
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. After a brief staff report from Harbor and Tidelands
Administrator George Dawes, the resolution of the
Board of Supervisors adding a $50 Permit Fee
Schedule to the Harbor Structure Permit Fee Schedule
x
for commercial use (other than marinas) was ordered
xxxxxxx
filed.
2. Resolution No. 7120., consenting to the detachment of
certain uninhabited territory so that the territory may
be annexed to the City of Costa Mesa (Whittier Heights
Deannexation), as amended, was adopted after the
x
reading of the resolution was waived by unanimous
x
x
x
x
x
x
x
consent of the Council.
3. A report from the Parks, Beaches and Recreation
Director regarding Corona del Mar Concession pro -
x
posals was referred to staff for analysis and recom-
x
x
x
x
x
x
x
mendation to Council on January 26.
4. A report was presented from the City Manager
regarding the request of the Tustin Cab Company for
a Certificate of Public Convenience and Necessity to
operate a taxi service in Newport Beach.
Mr. Herman Tate, owner and President of the Yellow
Cab Company, spoke from the audience and presented
a letter addressed to the City Council from the Yellow
Cab Company dated March 13, 1967, regarding its
franchise.
The application of the Tustin Cab Company for a
Certificate of Public Convenience and Necessity to
x
operate a taxi service in Newport Beach was set for
x
x
x
x
x
x
x
public hearing on April 13, 1970.
Because of the number of interested people in the audience,
Current Business Item No. 6 was taken out of Agenda
order and considered at this time.
A letter from Jane Blankinton, Barry Pavlin and Hitoshi
Inagaki requesting to be placed on the January 12 agenda
in connection with the alleged police harassment at the
Bird in Search of a Cage bookstore at 2037 Balboa Boule-
vard, was presented with letters from Agnes Elder of
Temple City, Debbie Weick of Temple City, Susan Love
of Arcadia and Johce Ponce of Temple City.
The following people spoke from the audience: Anthony
Fernandez, Arvo Haapa, Floyd North, Barry Pavlin,
Barry Weinberg.
Volume 24 - Page 5
INDEX
Whittier
Heights
Deannx
CdM
Beach
Concession
Tustin
Cab Co.
Bird in
Search of
a Cage
Bookstore
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CITY OF NEWPORT BEACH
January 12, 1970
MINUTES
INDEX
After hearing the statements from the above participants,
the Council declared afive- minute recess.
The Council reconvened with all members present.
Anthony Fernandez's request to be heard again on the
matter of the Bird in Search of a Cage bookstore was
granted; and following his comments, Richard Krause,
Pat Stock and Don Elder also spoke from the audience.
The regular order of business was resumed.
CONTINUED BUSINESS:
1. Resolution No. 7114, authorizing an amendment to an
Newporter
agreement with the Newporter Hotel Corporation in
Inn
ion
x
connection with the Newporter Inn, Use Permit No.
s
x
x
x
x
x
x
x
1355, was postponed to January 26, 1970.
ADDITIONAL BUSINESS ITEMS:
Due to the presence in the audience of Colonel Malley of
W. Npt Bcl
the U.S. Corps of Engineers, the West Newport Beach
Sand Haul
sand erosion project was discussed at this time.
Colonel Malley reviewed the sand haul program in West
Newport Beach and stated that the contractor would remove
rocks, grade, shape and scarify the beach to the satis-
faction of the U.S. Corps of Engineers and the City, and
invited Councilman McInnis to be present at the final
inspection upon completion of the sand haul project.
William Herron of the U.S. Corps of Engineers stated
that this was Phase III of the Project and Phase IV would
involve evaluation of the Project.
The regular order of business was resumed.
CURRENT BUSINESS:
1. A report was presented from the Public Works
Ocean Biv
Director regarding maintenance of driveway on the
Resurfa._.;
southerly side of Ocean Boulevard between Marguerite
and Narcissus and recommending notification to the
property owners along the driveway that it is their
responsibility to maintain the driveway surface, was
ion
x
referred to the City Attorney for research and report
s
x
x
x
x
x
x
x
back to the Council.
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CITY OF NEWPORT BEACH
MINUTES
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�i"s January 12, 1970 INDEX
2. A letter from J. H. Hedrick & Co. requesting the
Admin Fe
return of a $100 appeal fee on behalf of Mr. and Mrs.
Glen B. Soelberg was presented.
A report from the Planning Director regarding written
requests for refund of application fees from J. H.
Hedrick & Co, by E. J. Walker, in the amount of
$100 for Modification Application No. 119 and from
R & B Development Company (Westside Advertising
Company) in the amount of $150 each for Use Permit
Applications Nos. 1453 and 1454.
Planning Director Larry Wilson gave a staff report.
The application of J. H. Hedrick & Co. for a refund
)tion
x
of application fee in connection with Modification
es-
xxxxxxx
Application No. 119 was denied.
The request for refund of •application fees from R. &.B
rtion
x
Development Company in connection with Use Permit
es
xxxxxxx
Applications Nos. 1453 and 1454 was denied.
It was agreed by the Council that the staff be directed
to review the matter of application fee refunds and
recommend guidelines for Council policy.
3. A report was presented from the Planning Director
Tr 7148
regarding the findings of the Planning Commission in
connection with Tentative Map of Tract 7148, sub -
division of 9.6 acres into 74 residential lots and one
green area lot, portion of Blocks 51 and 52, Irvine's
Subdivision, located on the south side of the extension
of Vista Del Oro opposite proposed Vista Ornada
(North Bluff), I. D. H. , Joint Venture (Holstein Com-
pany), applicant, The Irvine Company, owner.
Planning Director Larry Wilson gave a staff report.
Robert Bein, engineer for the developer, spoke from
the audience.
Consideration of Tentative Map.for Tract 7148 was
postponed to January 26 at which time the staff was
directed to present recommendations for definite
solutions to some of the problems in The Bluffs, and
)tion
x
the Planning Director was directed to tabulate the
es
x
x
x
x
x
x
x
legal parking requirements for each subdivision in
The Bluffs.
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
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4. A report from the Planning Director regarding Use
Use Perrr
Permit No. 1422(e) in connection with request of The
1422(e)
Irvine Company to subdivide property and construct
residential units as part of a Planned Residential
)n
x
Development in Tract 7148 was postponed to January
xxxxxxx
26.
5. A report was presented from the Planning Director
Tr 6927
regarding the Final Map of Tract 6927, consisting of
12 residential lots, 3 commercial lots and one under-
water lot, portion of Lots 8 and 9 of Tract 3232,
located on the south side of Bayside Drive, southeast
of the intersection of El Paseo Drive and Bayside
Drive; The Irvine Company, applicant.
)n
x
The Final Map of Tract 6927 was approved, subject
x
x
x
x
x
x
to conditions recommended by the Planning Com-
x
mission.
HARBOR PERMITS:
1. A report was presented from the Harbor and Tidelands
Pac Tel &
Administrator regarding Harbor Permit Application
Tel
No. 049 -054 of Pacific Telephone and Telegraph
Company to install an armored submarine telephone
cable across the Narrows in Upper Newport Bay.
)n
x
Harbor Permit No. 049 -054 was approved, subject
x
x
x
x
x
x
x
to approval of the Corps of Engineers, a permit being
obtained from the Orange County Harbor District and
seventy -two hours notification to the Harbor Master
prior to commencing any work within the public water-
way.
Mayor Marshall stated that the regularly scheduled Study
Session for January 19 would be held at 7:30 P. M.
The meeting was adjourned at 10:55 P.M. to 7:30 P.M.,
January 19, 1970 with the understanding that there would
also be an adjourned meeting at 8:00 A. M. on Tuesday,
January 20, 1970 to receive the City Clerk's Certificate
of Canvass as to the result of votes cast on January 13,
1970 in the Special Municipal Election.
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