HomeMy WebLinkAbout02/24/1970 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES
REGULAR COUNCIL MEETING
Place: Council Chambers
i
Time: 7:30 P.M.
ROLL CALL �O << i�9 Date: February 24, 1970 INDEX
Present
xxxxxxx
Roll Call.
The reading of the Minutes of the Regular Meeting of
Motion
x
January 9, 1970 was waived and said Minutes were
Ayes
xxxxxxx
approved as written and ordered filed.
PUBLIC HEARINGS:
1. Mayor Marshall opened the public hearing on Assess-
Assess-
ment District No. 53 (Newport Heights and portion of
ment
Balboa) for the purpose of ordering the construction
District
of certain street and alley improvements pursuant to
the Improvement Act of 1911, being Division 7 of the
Street and Highway Code of the State of California
(commencing with Section 5000 thereof), as set forth
in Resolution of Intention No. 7127.
•
City Clerk Laura Lagios stated that 274 letters and
cards of protest against the Assessment District had
been received, including a petition bearing twenty -
two signatures requesting that the alley between
Catalina Drive and Westminster from 15th Street to
Clay be eliminated from the Assessment District, and
two letters in favor of the Assessment District had
been received.
•'
The City Clerk stated that Affidavits relating to pub-
lication of Notice of Hearing, the mailing of printed
notice of hearing and the posting of the Notice of
Improvements were on file in her office.
A report from`the Public Works Director was pre-
sented.
.
Mayor Marshall asked if anyone desired to be heard
on the matter.
The following people spoke from the audience pro-
testing the Assessment District: Herb Stricker, Hans
De Jong, David Crimmins, Roland Landrigen, Robert
Sangster, Roy Woolsey, Al Nelson, Mr. and Mrs.
Robert Searle, Daniel Clarke, William Jesse, Carl
Kymla, Michael Estey, Bob Mc Cowan, Don Thomas,
John Weller, Eleanor McCowan, Ed Martindale and
Jim Harper.
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Volume 24 - Page 33
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COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
ROLL CALL ���
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9 February 24, 1970 INDE;
The following people spoke in favor of the Assessment
•
District: Ralph Shortler and Jim Reed.
Mayor Marshall closed the hearing with the unanimous
consent of the Council.
Due to the majority of protests received, the pro-
ceeding for Assessment District No. 53 was
Motion
x
dissolved, and the Council took the position that
Ayes
xxxx
x
x
another Assessment District in the Newport Heights
Noes
x
area would be considered only as a result of a wide-
spread petition of the area being presented.
RECESS for five minutes was declared by Mayor Marshall.
The Council reconvened with all members present.
•
Due to the number of interested people in the audience, it
was agreed to take the following "Additional Business"
item out of agenda order:
ADDITIONAL BUSINESS:
Motion
x
1. The staff was instructed to work with the engineers
Pacific
Ayes
xxxxxxx
of State Highway District 7 to see if the problems
Coast
presented by the adopted route of the Pacific Coast
Fwy
•
Freeway can be solved within the limits of the
adopted route; and it was directed that the City decline
to sign a Coastal Freeway agreement until all the
problems have been solved to the satisfaction of the
City.
It was agreed, at the Study Session held in the after-
CdM Fw
noon, that the City move ahead on studies to resolve
the problems of the Corona del Mar Freeway and
that the Pacific Coast Freeway be given Number 2
priority.
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1327, being,
Telepho
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,
providing requirement of an annual permit and
establishing annual fee of $15. 00 to cover City's
Volume .24 7 Page 34
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COUNCILMEN
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February 24, 1970 INDE
cost of providing special telephone line, was pre -
•
sented for second reading.
Motion
x
Ordinance No. 1327 was adopted after the reading of
Ayes
x
M
M
x
x
S
IN
the ordinance was waived by unanimous consent of
the Council.
2. Ordinance No. 1329, being,
Relocat;
Building
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 15. 21 TO THE
NEWPORT BEACH MUNICIPAL CODE
REGULATING THE ERECTION, USE AND
OCCUPANCY OF RELOCATABLE BUILDINGS,
was presented for second reading.
.✓lotion
x
Ordinance No. 1329 was adopted after the reading
Ayes
x
x
x
x
I
x
y
of the ordinance was waived by unanimous consent of
the Council.
3. Ordinance No. 1330, being,
House
Moving
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 15. 20. 010 AND
15.20. 080, CHAPTER 15. 20 OF THE NEWPORT
•
BEACH MUNICIPAL CODE, RELATING TO
HOUSE MOVING,
was presented for second reading.
Motion
x
Ordinance No. 1330 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. 1331, being,
Irvine A
Speed
AN ORDINANCE OF THE CITY OF NEWPORT
Limits
BEACH AMENDING SECTIONS 12. 24. 030,
12. 24. 040, 12. 24. 080 AND 12. 24. 090 OF THE
NEWPORT BEACH MUNICIPAL CODE
RELATING TO PRIMA FACIE SPEED LIMITS,
changing speed limits on Irvine Avenue to-35 mph
between 16th Street and the northerly City limit, was
presented.
Volume
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COUNCILMEN
CITY OF NEWPORT BEACH
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ROLL CALL_
oif��9 February 24, 1970
A report was presented from the Traffic Engineer.
Jay Murley spoke from the audience.
Motion
x
Ordinance No. 1331 was introduced and passed to
Ayes
x
x
x
x
x
x
x
second reading on March 9, 1970; and the staff was
directed to report to Council on September 8, 1970
with a review of the effect of the new speed zone.
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:
•
Letters protesting the Upper Newport Bay Land
Exchange from Anna M. Blanchard, Roger L.
Burtner, Roderick Wheeler, Mrs. Virginia Davis,
Dr. and Mrs, John M. Buchanan, Rose and Ed
Mackie, Mrs. Eric Hanauer, Anne Sutherland and
Marjorie Freda.
Letter from Mrs. D. V. Montooth thanking the
•
Newport Beach Police Department for the emergency
support provided on February 1, 1970, to a member
of her family.
Letter from California Division of Highways notifying
of acquisition of property at 706 Goldenrod, Corona
del Mar on a hardship or right of way protection
basis prior to a freeway agreement.
Notice from Local Agency Formation Commission of
hearing on February 25 regarding proposed annexatio
to the City of Costa Mesa designated as the Sewell
Annexation, located adjacent to the northwesterly
right of way line of Tustin Avenue at Bay Street
League of California Cities Legislative Bulletin
dated January 14, 1970 regarding Annexation Law.
League of California Cities Legislative Bulletin
dated February 6, 1970.
Agenda of Board of Supervisors meetings held
February 10, 11, 17 and 18, 1970.
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Volume.24 - Page 36
INDEX
COUNCILMEN
a
CITY OF NEWPORT BEACH
MINUTES
ROLL CALLS
fop =�9 February 24, 1970 INDEX
State and County Streets and Roads Financial Report
•
1968 -69.
Report from City Attorney concerning City's power to
Newspape
regulate throw -away newspapers.
Regs
2. The following communications were referred as
indicated:
Referred to Harbor and Tidelands Administrator,
Npt Bay
letter from G. Gartz enclosing a copy of a letter from
State Dept. of Navigation and Ocean Development
concerning responsibility for various aspects of New-
port Bay.
Referred to Planning Director, copy of a letter from
Island
Local Agency Formation Commission to City of Costa
Annex
Mesa regarding statement of policy concerning an-
nexation of islands, corridors and peninsulas of
unincorporated territory within or between cities.
Referred to Pending Legislation Committee, reso-
Mobile
lution of City of Stanton requesting the California
Home
State Legislature to introduce legislation pertaining
Park
to mobile home parks.
•
Referred to Pending Legislation Committee, reso-
SCAG
lution of the Board of Supervisors supporting the
current expansion program of SCAG and urging such
support from all other local governmental agencies
in Orange County.
Referred to Pending Legislation Committee, letter
HOLF
from Fountain Valley School District enclosing a
Mile
resolution of the City of Fountain Valley approving
Square
•
the proposed site #6 of the Fountain Valley School
Airpark
District as a location for a new elementary school
and requesting a resolution of support to eliminate a
proposed airpark in HOLF Mile Square which is
bounded by Warner, Edinger, Brookhurst and Euclid
Streets.
Referred to staff for study, letter from George C.
Abalone
Woods, 116 Abalone Avenue, Balboa Island, regarding
Ave.
• wooden groin at the end of their street which is in
Groin
• "very dangerous condition" and stating their belief
that it is the City's responsibility to correct this
condition.
•
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ROLL CALL \N
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Referred to staff for study, letter from Robert G.
Fed Flooi
Beverly, Chairman of the Assembly Committee on
Ins
Finance and Insurance, regarding Federal Flood
Insurance Program.
Referred to staff for continued study and report,
Alpaugh
letter from Clifford Alpaugh regarding Variance No.
Appeal
969.
Referred to staff, letter from Thomas H. Blandi with
CATV
a complaint against Newport Beach Cablevision, Inc.
in connection with two of their installations.
Referred to staff, letter from California Museum of
Calif
Science and Industry regarding allocation of space.
Museum
•
3. The .following resolutions were adopted after the
reading of the resolutions was waived by unanimous.
consent of the Council:
Resolution No. 7140 authorizing the execution of a
Storm
Quitclaim Deed releasing the City's interest in a
Drain
storm drain Easement over a portion of Lot 6, Tract
Easement
5854.
R -7140
Resolution No. 7141 authorizing the execution of an
Storm
•
agreement between the City of Newport Beach and
Drain
Kenneth W. McCulloch for the construction of a
Agrmt
storm drain in connection with Use Permit No. 1396,
located between Hilaria Way cul de sac antl,Newport
R -7141
Boulevard.
Resolution No. 7142 awarding contract for Pacific
PCH
Coast Highway Widening at Jamboree Road, Contract
Widening
No. 1105, to Patco Construction Company in the
•
amount of $18, 500. 50.
R -7142
Resolution No. 7143 accepting a Grant Deed from The
Buf Hills
Irvine Company in connection with Buffalo Hills Park.
Park
R -7143
4. The City Clerk's referral of the following claims to
Clms for
the insurance carrier was confirmed:
Dmgs
Claim of Allstate Insurance Company in behalf of
Keller
Edwin Keller for damage to Mr. Keller's automobile
on November 24, 1969, allegedly when a City
employee dropped a garbage canon it.
•
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Volume 24 - Page 38
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
ROLL CALL �T^�oZ
�� ic9 February 24, 1970 INDE
Claim of Michael W. McClellan filed by his attorneys,
McClell
Silverton & Silverton, for personal injuries and
automobile damage on December 24, 1969, allegedly
as a result of an automobile accident involving a City
vehicle.
Claim of Lawrence Haynes Rothrock for false arrest
Rothroc
on December 12, 1970 alleging he was falsely
detained by the Newport Beach Police Department.
Claim of Arthur P. Tendler for damage to his auto-
Tendler
mobile on February 16, 1970 in front of 122 Agate,
Balboa Island, allegedly caused by a City vehicle.
Claim and Summons and Complaint for Personal
Buck
Injuries of James L. Buck filed by his attorney for
•
personal injuries on or about December 9, 1969 at
the intersection of San Joaquin Road and Jamboree
Road, allegedly due to the City's negligence.
5. The staff was authorized to acquire the necessary
Irvine
right of way required from the Newport -Mesa Unified
Ave
School District for the Irvine Avenue Widening
Widenir.
Between 15th and 16th Streets, with the condition that
the City install an improved street lighting system in
front of Newport Harbor High School at no cost to the
•
District. (A report from the Public Works Director
was presented. )
6. The work was accepted on the Short Street Bulkhead
Short S1
and Tidal Control Structure, Contract No. 1224, and
Bulkhea
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. )
•
7. The work was accepted on the Buffalo Hills Park
Buffalo
Improvements, Contract No. 1210, and the City Clerk
Hills P;
was authorized to file a Notice of Completion and to
release the bonds 35 days after the Notice of Com-
pletion has been filed. (A report from the Public
Works Director was presented.)
8. The work was accepted on the Jetty Bulkhead at
Channel
Channel Road and Ocean Boulevard, Contract No.
Jetty
1242, and the City Clerk was authorized to file a
Bulkhea
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.)
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COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
ROLL CALL \
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9. The action of the Public Works Department was con-
Washbu .
firmed in issuing encroachment permit valid until
Encroac
December 31, 1970 to Mrs. Donald K. Washburn to
ment
maintain a barricade in the parkway of Bayside Drive
below her house at 411 Avocado Avenue. (A report
from the Public Works Director was presented.)
10. The Table of Authorization was amended to add one
Table of
Accounting Clerk I position (Salary Range 29. 5) in
Authori
the Finance Department, effective February 25, 1970.
zation
(A report from the City Manager was presented.)
11. The annual Mid -year Budget Amendments were
approved, and said adjustments were to be considered
as loans and repayment was approved. (A report
from the City Manager was presented):
•
BA -45, $6, 342. 40 increase in Fund Balance, a net
increase in Budget Appropriations of $27, 562. 60, and
an increase in Revenue Estimates of $33, 905. 00,
General Fund.
BA -46, $3, 439. 32 decrease in Fund Balance, a net
increase in Budget Appropriations of $6, 390. 32, and
an increase in Revenue Estimates of $2, 951. 00,
Corona del Mar concession, Park and Recreation
Fund.
BA -47, $2, 097. 00 increase in Fund Balance, a
decrease in Budget Appropriations of $630. 00, and
an increase in Revenue Estimates of $1, 467. 00,
Library Fines, Library Fund.
BA -48, $9, 420. 00 decrease in Fund Balance, and a
decrease in Revenue Estimates, Municipal Court
Fines, Traffic Safety Fund.
BA -49, $5, 520. 00 decrease in Fund Balance and a
decrease in Revenue Estimates, Parking Meter
Receipts, Parking Meter Fund.
BA -50, $54, 600. 00 increase in Fund Balance and an
increase in Revenue Estimates, Use Fee and Life-
guard Services, Tide & Submerged Lands Fund.
BA -51, $13, 000. 00 increase in Fund Balance, and a
decrease in Budget Appropriations of $13, 000. 00,
Westcliff Reconstruction, Gas Tax Contribution Fund.
•
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Volume 24 - Page 40
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COUNCILMEN
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CITY OF NEWPORT BEACH
February 24. 1970
MINUTES
INDEX
ut
BA -52, $295. 60 increase in Fund Balance, and a
decrease in Budget Appropriations, Capital Improve -
ment Fund.
BA -53, $44,685. 00 decrease in Fund Balance, a
net increase in Budget Appropriations of $65, 020. 00,
and an increase in Revenue Estimates of $20, 335. 00,
Sale of Water, Water Fund.
BA -54, $205. 00 decrease in Fund Balance, and an
increase in Budget Appropriations of $205. 00,
Marinapark Fund.
BA -55, $240. 00 transfer of Budget Appropriations
from Building, Regular Salaries, to Building, Office
Equipment.
•
BA -56, $52, 713. 93 increase in Budget Appropriations
and decrease in Unappropriated Surplus to provide
for appropriation to Unappropriated Contingency
Reserve as a result of Annual Budget Adjustments.
BA -57, $1, 660. 00 transfer of Budget Appropriations
to provide for Accounting Clerk I in Water Revenue
and Customer Service Section of Finance Department
from Unappropriated Contingency Reserve to Finance,
Regular Salaries.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
Motion
x
1. Consideration of the Council Policy Manual was post-
Counci:
Ayes
x
x
x
x
x
x
x
poned to March 9, 1970.
Policy
Manual
2. A report was presented from the Public Works
•
Director regarding the request of Ray Ayers to
Curb C
construct two curb cuts on Park Avenue at 135
Turquoise Avenue, Balboa Island.
Planning Director Larry Wilson gave a brief staff
report.
Mr. and Mrs. Ayers spoke from the audience and
stated they would modify their application to request
a single curb cut on Park Avenue.
Motion
x
The application for a single curb cut was approved,
Ayes
x
x
x
x
x
x
x
providing a Building Permit can be obtained and
providing the existing curb cut on Park Avenue be
removed and the curb and sidewalk be replaced.
;
Volume. 2 - Page 41
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COUNCILMEN CITY OF NEWPORT BEACH MINUTES
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February 24, 1970 INDEX
3. A report from the Public Works Director regarding
Npt Island
the Newport Island Bridge, Contract No. 1175, was
Bridge
presented.
Mr. Al Penhall, contractor, spoke from the audience
regarding the assessment of liquidated damages.
Motion
x
The work was accepted on the Newport Island Bridge,
Ayes
xxxxxxx
Contract No. 1175, 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, and the assessment of liquidated damages was
approved in the amount of $1, 000.
CONTINUED BUSINESS:
•
1. Resolution No. 7144, expressing support for S -3093,
Marine
"The California Marine Sanctuary Act of 196911, was
Sanctuary
Motion
x
adopted after the reading of the resolution was waived
Act -1969
Ayes
xxxxxxx
by unanimous consent of the Council.
R -7144
Z. Resolution No. 7145, authorizing the City Manager
Job
to enter into a contract on behalf of the City of New-
Classifi-
port Beach with Price, Waterhouse and Co. for a
cation
Motion
x
job classification study, was adopted after the
Study
yes
x
x
x
x
x
x
x
reading of the resolution was waived by unanimous
R -7145
consent of the Council.
3. A memorandum was presented from Councilman
CdM
Paul J. Gruber requesting reconsideration of the
Beach
Corona del Mar City and State Beach Park concession
Concessiox
operation.
Councilman Gruber made a motion to reconsider the
•
matter, which motion was withdrawn for discussion
on the original question.
Gordon Kilmer spoke from the audience.
After discussion, the Council passed on to the next
item of business.
4. A report was presented from the Traffic Engineer
Parking
regarding parking control on Dana Road.
Prohibitiox
Resolution No. 7146, prohibiting the parking of
R -7146
vehicles on Dana Road, northerly side, between
Motion
x
Orion Way and Superior Avenue, was adopted after
Ayes
x
x
x
x
x
x
x
the reading of the resolution was waived by unanimous
•
consent of the Council.
Volume ,2¢ :- Page 42
COUNCILMEN
CITY OF NEWPORT BEACH
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A February 24, 1970 INDEX
5. A report was presented from the City Manager
Hover
regarding Public Utilities Commission notice of pre-
Craft
hearing conference on March 5 regarding application
of Pacific International Hover Craft for Certificate
of Public Convenience and Necessity to carry
passengers and their luggage by water between Santa
Barbara, Ventura, Santa Monica, Marina del Rey,
San Pedro, Long Beach, Newport Beach, Oceanside
and San Diego.
The City Attorney and the Harbor and Tidelands
Motion
x
Administrator were directed to represent the City,
Ayes
x
x
x
x
x
x
x
as necessary, at subject hearing.
CURRENT BUSINESS:
•
1. A report from the Harbor and Tidelands Administrat03
W Npt
regarding the West Newport Beach Erosion Control
Beach
Project was presented with a memorandum to the
Sand Haul
City Manager from the General Services Director.
R. S. Pattison and Russell Griffith spoke from the
audience.
Councilman McInnis read in full a proposed resolution
to the U.S. Army Corps of Engineers regarding
remedial action by the City.
Resolution No. 7147, advising the U. S. Army Corps
R -7147
of Engineers that hazardous conditions exist on West
Newport Beach and that the City will place a claim
against the Corps of Engineers for remedial action
Motion
x
undertaken by the City of Newport Beach, was
Ayes
x
x
x
x
x
x
x
adopted.
Ootion
x
The Mayor was directed to address a letter to the
Ayes
xxxxxxx
U. S. Army Corps of Engineers expressing the
Council's opinion of the recent sand haul; and it was
directed that said letter and above resolution be sent
to appropriate agencies at the county, state and
federal levels.
The initial expenditure of $2, 500 for remedial work
Motion
x
to be conducted by the General Services Department
Ayes
x
x
x
x
x
x
x
was authorized.
•
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COUNCILMEN
CITY OF NEWPORT BEACH
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tip February 24, 1970 INDEX
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2. A letter was presented from the Newport Harbor
American
American Legion Post No. 291 requesting extension
Legion
.
of its lease to the year 1995.
Post 291
John McHugh, Post Commander, spoke from the
audience.
Motion
x
The matter was postponed to April 27, 1970.
Ayes
xxxxxxx
ADDITIONAL BUSINESS;
1.. The Upper Bay Land Exchange Ad Hoc Committee
Upper
Motion
x
was disbanded, and Councilman Hirth was appointed
Newport
Ayes
xxxxxxx
to serve as liaison with the City staff and other
Bay
representatives to set up organizational procedure
•
for the cooperative comprehensive planning study as
set forth in Resolution No. 7137.
Motion
x
2. The staff was authorized to execute a Letter of Agree
Promon-
Ayes
xxxxxxx
ment with Cedric A. White for the purpose of under-
tory
taking a study and preparing a report which will
Bay
estimate the economic impact upon the City's Beacon
Bay properties resulting from the pending Irvine
Company Promontory Bay development; with the
understanding that the fee for such services shall not
exceed $500 and will be charged against Object No,
1416 (Nondepartmental Division, Services -Pro-
fessional, Technical, Etc. )
Motion
x
3. The staff was authorized to negotiate a formal
Or Co
Ayes
XXXXXXXI
contract with the firm of Woolsey and Hamm for the
Airport
performance of an Airport Impact Study; such
Impact
contract to be divided into work phases and a recom-
Study
mended budget to be developed for Council consider-
ation.
4. The expenditure of $5, 000 for the City's share of
28th St/
improvements to the street end at 28th Street and
Rhine
Motion
x
The Rhine was approved; such expenditure to be
Street Ens
Ayes
xxxxxxx
financed from the Unappropriated Contingency
Reserve, General Fund.
Volume .24 - Page 44
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
ROLL CALL ����
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9 February 24, 1970 INDEX
The request of Mayor Marshall to be absent from the City
•lotion
x
from March 7 to March 12 to attend the Annual National
League of Cities Conference in Washington, D. C. , was
Ayes
xxxxxxx
granted.
Motion
x
The meeting was adjourned at 11:05 P. M,
Ayes
xxxxxxx
O"aa
mayor
ATTEST:
•
i Clerk
•
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Volume 2q - Page 45