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Home My WebLink About08/23/1971 - Regular MeetingCOUNCILMEN 3 �� 9� S CP O 9 /Z2 Ct" A aG �� inp N 9 PN i ( Z ROLL CALI m CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P. M. Date: August 23, 1971 MINUTES Present xx Kxkx Roll Call: • The reading of the Minutes of the Regular Meeting of Motion x August 9, 1971 was waived, and said Minutes were Ayes KKKKxx approved as written and ordered filed. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1403, being, AN ORDINANCE OF THE CITY OF NEWPORT Garbage BEACH AMENDING CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "GARBAGE, REFUSE AND CUTTINGS ", was presented with a report from the City Manager. Motion x Ordinance No. 1403 was introduced, as amended, Ayes K K x K x x x and passed to second reading on September 13, 1971. 2. Proposed Ordinance No. 1404, being, AN ORDINANCE OF THE CITY OF NEWPORT Off- street • BEACH ADDING SECTIONS 20.02. 182, parking 20. 02.184 AND 20. 38. 035 AND AMENDING SECTIONS 20. 38.030 AND 20.40. 030 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE OFF - STREET PARKING STANDARDS FOR OFFICE AND COMMERCIAL BUILDINGS, Planning Commission Amendment No. 297, amending the off - street parking standards for retail stores and office buildings was presented with a report from the Community Development Department. The Deputy City Clerk stated that the correspondence appearing on the Agenda in opposition to the ordinance had been placed there in error as these letters do not apply to this ordinance. Acting Community Development Director Jim Hewicker gave a brief staff report. Motion Ordinance No. 1404 was introduced and passed to Ayes K K r second reading on September 13, 1971. Noes • Volume 25 - Page 234 COUNCILMEN C) �� y3c �,oNmQQ ✓'`9 ROLL CALL m CITY OF NEWPORT BEACH August 23, 1971 MINUTES INDEX 1- ing 3. Proposed Ordinance No. 1405, being, • AN ORDINANCE OF THE CITY OF NEWPORT Counci BEACH CHANGING AND REDEFINING THE mani BOUNDARIES OF THE COUNCILMANIC Dist DISTRICTS OF THE CITY, was presented. Motion x Ordinance No. 1405 was introduced and passed to Ayes xxxxxxx second reading on September 13, 1971. 4. Proposed Ordinance No. 1406, being, AN ORDINANCE OF THE CITY OF NEWPORT Finger BEACH AMENDING SECTION 5.04. 020 OF THE print NEWPORT BEACH MUNICIPAL CODE TO Fee PROVIDE FOR FINGERPRINTING FEE IN CONNECTION WITH BUSINESS LICENSE APPLICATIONS, imposing an additional fee for fingerprinting process- ing which is mandatory for certain categories of . business licenses, was presented with a report. from the City Manager. Wotion x Ordinance No. 1406 was introduced and passed to Ayes KxXxxxx second reading on September 13, 1971. 5. Proposed Ordinance No. 1407, being, AN ORDINANCE OF THE CITY OF NEWPORT Speed BEACH ADDING SECTION 12. 24.075 AND LimitB AMENDING SECTIONS 12.24. 070, 12.24.080, _ AND 12. 24.090 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, was presented with a report from the Public Works_ Department. Motion r Ordinance No. 1407 was introduced and passed to Ayes KKKXKXX second reading on September 13, 1971. HARBOR PERMIT APPLICATIONS: 1. A report was presented from the Harbor and Unger Tidelands Administrator regarding Harbor Permit Application No. 0111 -305 of Mr. Robert Unger to revise the existing harbor permit by the addition of • an 18' x 20' float and the relocation of the ramp bay - ward of 305 North Star Lane. Volume 25 - Page 235 1- ing COUNCILMEN 3 fL P� S CP GO y 22 F 9 P C Pin N N � ROLL CALL CITY OF NEWPORT BEACH August 23. 1971 MINUTES lmnCY Harbor and Tidelands Administrator George Dawes • gave a brief staff report. Motion x Harbor Permit Application No. 0111 -305 was approved. Ayes xxxxxxx 2. A report was presented from the Harbor and Pope Tidelands Administrator regarding Harbor Permit Application No. 105 -2727 of Mr. Edker Pope to construct a bulkhead along a portion of the southerly property line of his property at 2727 Shell Street, Corona del Mar. Harbor and Tidelands Administrator George Dawes gave a brief staff report. Motion x Harbor Permit Application No. 105 -2727 was approved. Ayes xxxxxxx CONTINUED BUSINESS: 1. A report was presented from the Public Works Shorecliff Director regarding Shorecliff Road, Combined Road Projects, Contract No. 1328. Resolution No. 7514, awarding a contract for R -7514 . Shorecliff Road, Combined Projects (Contract. No. 1328) to Bo -Mar Construction Company, Cedar Glen, California in the amount of $37, 235. 00 (Alternate "A") Motion x was adopted after the reading of the resolution was Ayes xxxxxxx waived by unanimous consent of the Council. 2. A report was presented from the City Manager Vacancies regarding personnel vacancies. Motion x The City Manager's recommendations were approved Ayes xxxxxxx and the filling of the following vacancies was authorized: (a) Recruitment and appointment of an Assistant to the Finance Director to fill a position to be vacant on August 23, 1971. (b) Appointment of two Police Officers to fill positions now vacant. (c) Appointment of a Laborer to fill a position now vacant. (d) Appointment of a Refuse Crewman to fill a . position now vacant. Volume 25 = Page 236 COUNCILMEN ROLL CALL N ' CITY OF NEWPORT BEACH August 23. 1971 MINUTES INDEX (e) Recruitment and appointment of a Marinapark Attendant to fill a position to be vacant on September 6; 1971. (f) Recruitment and appointment of a Steno -Clerk II to fill a position now vacant. CURRENT BUSINESS: 1. A report was presented from the Public Works Harbor Director regarding Use Permit No. 1329 of Harbor Christian Christian Church, located between Irvine and Tustin Church Avenues northerly of Santa Isabel Avenue. Resolution No. 7515, authorizing the execution of an R -7515 agreement between the City of Newport Beach and the Costa Mesa Sanitary District of Orange County, California, for sanitary sewer services to Harbor Christian Church, in connection with Use Permit Motion x No. 1329, was adopted after the reading of the Ayes xxxxxxx resolution was waived by unanimous consent of the Council. Resolution No. 7516, authorizing the execution of an R -7516 agreement with Harbor Christian Church, subdivider, lotion for the construction of improvement in subdivision to x be known as 2401 Irvine, was adopted after the read - Ayes xxxxxxx ing of the resolution was waived by unanimous consent of the Council. Z. A report from the Public Works Director regarding Newport acceptance of Newport Center Fire Station, Contract Center No. 1266, was presented with a letter from Paul J. Fire Sta Ruffing, . A. I. A. , project architect, recommending acceptance. Motion x The work was accepted; extensions of time totalling Ayes xxxxxxx 44 calendar days were approved; assessment of liquidated damages was waived; and 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. 3. Resolution No. 7517, fixing the tax rate and levying a Tax Rate tax upon all of the taxable property within the City of R -7517 Newport Beach which is taxable therein for municipal purposes and levying a special assessment tax_upon the taxable property located within Assessment. District No. 50 (Balboa Island Street Lighting otion X District), was adopted after the reading of the es xxxxxxx resolution was waived by unanimous consent of the Council. Volume 25 - Page 237 COUNCILMEN 3�! yno-o Z � �C p� ao o r� N`9 ASP y NQi ROLL CALL CITY OF NEWPORT BEACH August 23, 1971 MINUTES INDEX 4. A report was presented from the City Manager General •regarding the purchase of two loadpackers for Services General Services. The purchase of two 16 yard loadpackers was Motion x approved. Ayes xxxxxxx 5. A report from the City Manager regarding Harbor United Area United Fund was presented with a letter from Fund Harbor Area United Fund requesting consideration for waiver of the credential condition in connection with their license. The recommendation of the City Manager requiring solicitors to carry proper identification was Motion x approved. Ayes xxxxxxx 6. A report from the City Manager regarding the General General Plan was presented with a report from the Plan Advance Planning Division of the Community Develop- ment Department. City Manager Robert Wynn reported on the General • Plan. The recommendations of the City Manager and the priorities as fixed by these recommendations were Motion x approved and the staff was directed to initiate Phase I. Ayes xxxxxxx 7. A report was presented from the Parks, Beaches and Bicycle Recreation Commission in connection with amending Trails Bicycle Trails Master Plan. A Newport Beach Bicycle Trails Citizens Committee Motion x was established for the purpose of reviewing-and Ayes Kxxxxxx making- recommendations for amendments to the - adopted Master Plan of Bicycle Trails. The following citizens have agreed to serve on the Committee committee: Mrs. Jean Morris, Dr. Kenneth Williams Mrs. Patricia Domecq, Mr. Arnold Parker, Mr. Nelson Praigg, Dr. Thomas A. MacKinnon, and Mr. Mark Otto. • Volume 25 - Page 238 COUNCILMEN 'f� Ap S CA GO 9 yy f ct^ A� GG �a Ain �N Y AN ROLL CALL CITY OF NEWPORT BEACH August 23, 1971 MINUTES INfIVY CONSENT CALENDAR: ation x The following items were approved by one motion Ayes Kxxxxxx affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Card from Mary Wagner protesting banning dogs from Animals on the beaches. beaches Letters protesting Promontory Point from Alan L. Promon- Blum and David K. Schmitz. tory Point Letter from Mrs. Lucille Kuehn protesting Police Police helicopters. helicopters Letter from Miss Rene Smith requesting return of Business the unused portion of 1971 business license fee with License reply from City Manager. Letter from Lincoln Engineering Company of Business California protesting payment of 1971 business License license fee. Letter from Desomount Club urging support of Upper New - national wildlife preserve for Upper Newport Bay. port Bay Letter from member of Southern California Regional Upper Conservation Committee of the Sierra Club thanking Newport the City for the opportunity to view photographic Bay display, "The Natural World of Upper Newport Bay". Card from Robert Adams protesting number of City employees and remuneration of certain employees. Card from Mrs. V. Elman expressing general Marina - pleasure in being resident of Marinapark for fourteen park years. Copy of letter from C. P. Avery to Board of Directors View Park Balboa Peninsula Point Association protesting alloca- tion of funds in City of Newport Beach 1971 -72 Budget for enlargement of View Park. Copy of Order Before the Public Utilities Commission of the State of California instituting investigation to establish a priority list of those railroad grade cross- ings of city streets or county roads most urgently in need of separation or .existing separation structures • most urgently in need of alteration. Volume 25 - Page 239 COUNCILMEN yy� ROLL CALL �P'r CITY OF NEWPORT BEACH MINUTES August 23, 1971 INDEX Copy -of Public Utilities Commission of the State of California Decision No. 78958 discontinuing Case No. 9051 (instituted to determine whether -a General Order should be adopted requiring railroad corpora- tions to prevent the discharge of human waste on railroad right -of- ways). Copy of Application Before the Public Utilities Commission of the State of California, together with transmittal notice from the Pacific Telephone and- . Telegraph Company requesting authority to increase certain intrastate rates and charges furnished within the State of California by $84, 800, 000. Excerpt from Minutes of the Board of Supervisors of Orange County August 3, 1971 meeting regarding. authorization to sign Water Sampling Services . . Agreement dated August 3, 1971 between the County of Orange and the City of Newport Beach. Letter from California Water Resources Association enclosing three reprints pointing out the need for an accommodation between the extreme demands of some environmental groups and the needs of mankind for water, electric power and other necessities, and the growing realization of the tremendous costs • entailed in environmental programs which are being advanced. Copy of Minutes of the July 15, 1971 meeting of the Board of Trustees of the Orange County Mosquito Abatement District. Agenda of Orange County Board of Supervisors meetings held August 10, 11, 17 and 18, 1971. Letter from State Division of Highways clarifying purpose of hearings regarding possible deletions from present State Highway System. 2. The following communications were referred as indicated: To staff for appropriate action, letter from A. Grant Flags Howald, Flag Committee Member, Corona del Mar Chamber of Commerce, regarding installation of sockets for flags on Pacific Coast Highway. To staff for reply, letter from Waldo W. Hein Litter regarding littering of his property. • Volume 25 - Page 240 COUNCILMEN � rf p X 09 X0 9 yy3 C� ROLL CALL ' 9 ?0 y CITY OF NEWPORT BEACH August 23, 1971 MINUTES INDEX To staff for reply, letter from George B. Buckley Civic regarding professional services in connection with Center • the new Civic Center. To Pending Legislation Committee, resolution of the City of Monterey Park urging passage of State Senate Bill 51 relating to auto repair dealers. To Pending Legislation Committee, resolution of the City of Fountain Valley requesting the State Depart- ment of Public Works to subvene directly to cities and counties TOPICS and urban funds. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7518 authorizing the execution of an Lifeguard agreement with the Orange County Harbor District Service for the provision of lifeguard service by the City for R -7518 beaches in unincorporated territory for the fiscal year 1971 -72. Resolution No. 7519 requesting financial aid from the Lifeguard County of Orange to pay for lifeguard service on Service City beaches for the fiscal year 1971 -72 and authoriz- R -7519 ing execution of an agreement therefor. • Resolution No. 7520 authorizing the execution of an Lido Isle agreement with Southern California Edison Company Under - and the Pacific Telephone and Telegraph Company in grounding connection with Lido Isle underground utilities. (A R -7520 report from the Public Works Director was presented. Resolution No. 7521 limiting the parking of vehicles Parking on a portion of 16th Street. (A report from the Public R -7521 Works Department was presented.) Resolution No. 7522 designating one -way streets on One -way e the Newport Peninsula. (A report from the Public R -7522 Works Department was presented.) 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Universal City Studios, Inc. for damages to Universal an automobile allegedly caused when it was involved City in an accident with a City vehicle on July 11 at the Studios intersection of Jamboree and Pacific Coast Highway. Claim of William Morris alleging assault and battery, Morris false arrest and imprisonment, unlawful restraint • and damages to reputation arising from incident occurring at Balboa Bay Club on May 25, 1971. Volume 25 - Page 241 COUNCILMEN �� ROLL CALL CITY OF NEWPORT BEACH MINUTES August 23, 1971 INDEX ree of End Blvd, ope ng ree ties Summons and Complaint of Moses A. Berman, Civil Bermai • Action File No. 71- 1696 -ALS, District Court for the Central District of California. 5. The plans and specifications for Jamboree Road Jambo Median Irrigation System, Contract No. 1387, were Road approved; and the City Clerk was authorized to Median advertise for bids to be opened at 2:30 P.M. on Irrig September 7, 1971. (A report from the Public Works Director was presented.) 6. The plans and specifications for Fernleaf Street End Fernle Improvements in China Cove, Contract No. 1334' . Street were approved; and the City Clerk was authorized to Impr advertise for bids to be opened at 3:00 P.M. on September 7, 1971. (A report from the Public Works Director was presented.) 7. The plans and specifications for Ocean Boulevard at Ocean Heliotrope Avenue Storm Drain Improvements, Heliot r Contract No. 1325, were approved; and the City Storm Clerk was authorized to advertise for bids to. be Drain opened at 3:30 P. M. on September 7, 1971. (A report Impr from the Public Works Director was presented. ) 8. The work on 32nd Street Widening - Newport Boule- 32nd St • vard to Balboa Boulevard, Contract No. 1152, was Wideni accepted;and the City Clerk was authorized to file a Notice of Completion ani, to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.) 9• The work on Jamboree Road Median Paving, Jambo Contract No. 1345, was accepted; and the City Clerk Road was authorized to file a Notice of Completion and to Median release the bonds 35 days after the Notice of Paving Completion has been filed. (A report from the Public Works Director was presented.) 0. The following requests to fill vacancies were Vacan approved: (a) Recruitment and appointment of a Counterman to fill a position now vacant. (b) Appointment of a Refuse Crewman to fill a position now vacant. • Volume 25 - Page 242 ree of End Blvd, ope ng ree ties COUNCILMEN qi IL'P � O 9 O 9 y3o ao'ny �'`9 ��N ROLL CALL CITY OF NEWPORT BEACH Aueust 23. 1971 MINUTES INDEX 2. The following Budget Amendments were approved: • BA -20, $1250 transfer of Budget Appropriations from Unappropriated Contingency Reserve and $400increas in Revenue Estimates and Budget Appropriations to provide for non - criminal fingerprint fees from License and Permit applicants, General Fund. BA -21, $560 transfer of Budget Appropriations to purchase a corner cut -off on Lot 15, Block 14, Section 4, Balboa Island, from Unappropriated Contingency Reserve to Right -of -Way Acquisition, General Fund. (A report from the Public Works Department was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A statement of policy from Newport Residents United was presented. Councilman Kymla stated that because of his feeling Lower that it is of major importance to Newport Beach that Npt Ba! the City Council hear all the possible alternatives, Civic he intended to appeal the Planning Commission's Distric decision regarding the Lower Newport Bay Civic District Committee's recommendation for a freeze • in the Lower Newport Bay Civic District of structures in excess of 35 feet for two years, and that he would like to see the statement of policy of Newport Residents United be included as part of that public- hearing. Motion x The statement of policy of Newport Residents United Ayes xxxxxxx was held over to September 13. Z. A report was presented from the Public Works Repntin Director regarding repainting the streetlight. St Ligh. standards in Newport Center, Contract No. 1382. Stds Np Center Motion x The plans and specifications were approved, and the Ayes xxxxxxx City Clerk was authorized to advertise for bids to be opened at 2:00 P.M. on September 7, 1971. 3. A letter from the City of Seal Beach with copy of its. Offshor resolution expressing objection to the consideration Airport of the construction of an airport offshore Long Beach Motion x in the greater San Pedro Bay area was referred to Ayes xxxxxx the Pending Legislation and the Environmental Quality Control Committees for report back. • Volume 25 - Page 243 COUNCILMEN ��myoo -o <o�a�or 23 s`9 ��.r 1 < 7 N°2 ROLL CALL \p . Aye s Motion Ayes Motion Ayes Motion Ayes Motion Aye s • • CITY OF NEWPORT BEACH August 23. 1971 MINUTES INDEX Pacific Coast Freeway LAFCO Pacific Coast Freeway NOISE 4. A copy of Action On The Los Angeles Environment, Report of the Mayor's Council on Environmental x Management, was ordered filed. X X X X X ADDITIONAL BUSINESS: x 1. The Mayor was authorized to write a letter to the xxxxxx State Highway Commission and the Chairman of the Commission requesting an audience to consider an alternate route through Coyote Canyon. x 2. The City, Selection Committee is to be reimbursed xxxxxx up to $265 for legal expenses in connection with members of LAFCo: x 3. The Mayor was authorized to write a letter to xxxxxx District 7, State Division of Highways, clarifying that the letter placed before the hearing last Wednesday was a formal request for deletion of. Route 1 through Newport Beach. x 4. Councilman Dostal was authorized to attend a NOISE xxxxxx Conference in Minnesota. Mayor Hirth adjourned the meeting at 8:40 PM to 8:00 A.M. on September 11, 1971. Mayor ATTEST: ity C erk � i i Volume 25 - Page 244 i i INDEX Pacific Coast Freeway LAFCO Pacific Coast Freeway NOISE