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Home My WebLink About11/23/1970 - Regular MeetingCOUNCILMEN �'F�9� 9909 2�' 9 c��m ROLL CALL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P. M. Date: November 23, 1970 MINUTES INDEX Present x x x x x x x Roll Call: . The reading of the Minutes of the Regular Meeting of November 9 and of the Adjourned Meeting of November 17, Motion x 1970 was waived, and said Minutes were approved as Ayes x x x x x x x written and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued public hearing in Under - connection with Underground Utility District No. 1 ground (Ocean Boulevard area) to determine whether the Utility public necessity, health, safety or welfare requires Dist No the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated service in that area of the City on Ocean Boulevard, Iris Avenue down to the beach, and on Breakers Drive. A report from the Public Works Director was pre= sented with a letter from Normann Kendall, 2528 Ocean Boulevard, commending City Council for efforts to underground unsightly 43- year -old utility poles along Ocean Boulevard, and a letter from Kermit Dorius urging the adoption of the proposed Under- ground Utility District. Admore Beach, 3631 Ocean Boulevard, spoke from the audience and withdrew his previous objection to the District. No one else desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. Resolution No. 7308, establishing Underground Utility R -7308 District No. 1 and ordering the removal of poles, overhead.wires and associated overhead structures and ordering the underground installation of wires and facilities for supplying electric, communications, or similar or associated service within that area of the Motion x City located within said District, 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 24 - Page 291 1 COUNCILMEN 3 IL P Z o 0 ��-o Por 2� 9oF?rs'g �`��$ ROLL CALL CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX 2. Mayor Hirth opened the continued public hearing to CATV • consider the request of Newport Beach Cablevision for an extension of its franchise. A letter was presented from Newport Beach Cable - vision regarding extension of their franchise for an additional fifteen years, and stating that if extension is granted, they agree to a graduated increase in the franchise fee from 316 to 5%. Reports from the City Manager and City Attorney were presented. Wayne Hauser, General Manager of Newport Beach Cablevision, spoke from the audience. No one else desired to be heard. Motion x The hearing was closed. Ayes x xxxxxx Motion X The following ordinances were introduced and set for Ayes xxxxxxx public hearing on December 14, 1970: Ordinance No. 1364, being, 0 -1364 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.44: 040 OF CHAPTER 5.44 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE'DURATI0N OF COMMUNITY ANTENNA TELEVISION FRANCHISES. Ordinance No. 1365, being, 0 -1365 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 1197 WHICH GRANTED A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM TO WARNER BROS. TV SERVICES, INC., A PREDECESSOR OF NEWPORT BEACH CABLEVISION, INC., THE EXISTING FRANCHISE HOLDER. 3. Mayor Hirth opened the continued public hearing Zoning regarding the appeal of Rolly Pulaski, for Mr. and Amend - Mrs. Ernest Neufeld, from the decision of the Plan- ment 270 ning Commission denying Zoning Amendment No. 270 and Use requesting to amend a portion of Districting Map No. Permit 11 from a C -1 to a C -2 District, and Use Permit 1487 • Application No. 1487 requesting approval of a forty - Volume 24 - Page 292 COUNCILMEN 'f� y '!i C 9� y0 min 9P sir ROLL CALL • Motion Ayes Motion Ayes • CITY OF NEWPORT BEACH November 23, 1970 MINUTES four unit apartment building with 88 on -site parking spaces; the building to be seven.stories in height, including two levels of parking, with additional. mechanical equipment space on the roof; overall height to be sixty -three feet to the roof of the main building and seventy -two feet overall; Lots 9 through 16, Block 8, Balboa Tract, located at 600 -614 East Ocean Front, on the northerly side of East Ocean Front, between Palm Street and Washington Street (old Rendezvous Ballroom site). A report was presented from the Planning Director. Letters from Hazel Jones and Robert Jones reques approval of subject Zoning Amendment and Use,_ Permit Application were presented. City Clerk Laura Lagios stated that a letter had been received from the Balboa Peninsula Point Association stating that the Board unanimously recommended denial of subject request, suggesting that no high -rise development be allowed until a Master Plan is developed, and favoring R -4 zoning with 501+ maxi- mum building height with no possible variances. Rolly Pulaski, architect for the project, spoke from the audience. John Negus stated he was against high - rise on the peninsula. Max Dillman, representing the Balboa Improvement Association, said the busi- ness men in the area would like to see the project approved. Bill Hellings, Treasurer of the Balboa Peninsula Point Association, requested postponement of the development until a Master Plan is drawn up. Tom Hyans, President of the Central Newport Beach Association, opposed the project as proposed until development of a Master Plan. Homer Smith, owner of the Balboa Market; Ernest Neufeld, owner of the property; and Hazel Jones, realtor, spoke from the audience in favor of the proposed project. Judy Wilson, Secretary of the Balboa Peninsula Point Association, said they strongly opposed the project. The hearing was closed. The matter was continued for 90 days until the Special Civic District Committee can come back to Council with a report. Volume 24 - Page 293 INDEX COUNCILMEN 2 0 �� mo 0 ��9 ROLL CALL 1 4 CITY OF NEWPORT BEACH November 23. 1970 MINUTES i1 *0 it ent 4. Mayor Hirth opened the public hearing in connection Annex with proposed annexation to the City of Newport Beach of certain uninhabited territory known as Annexation No. 71 (Acacia- Palisades -Mullan) in accordance with Resolution No. 7291. Planning Director Larry Wilson gave a report on the findings of the Planning Commission. Jack Mullan, proponent of the annexation, spoke from the audience and stated he represented 76% of the land owners. No one else desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 7309, determining that a majority R -7309 protest has not been made by owners of one -half of the value of the territory proposed to be annexed to the City of Newport Beach pursuant to the annexation proceeding known as The Acacia - Palisades Annex- Motion x ation - Annexation No. 71, was adopted after the Ayes x x x x x x x reading of the resolution was waived by unanimous consent of the Council. The following ordinance was introduced and passed to second reading on December 14, 1970: Ordinance No. 1366, being, 0 -1366 AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS THE ACACIA - PALISADES ANNEXATION - ANNEX ATION NO. 71. 5. Mayor Hirth opened the public hearing in connection Weed with the Fall, 1970 Weed Abatement Program. Abatem A report was presented from the Fire Chief dated October 21, 1970 and the Assessment List on Abate- ment of Weeds and Other Nuisances Within the City. Said report and Assessment List had been filed with the City Clerk and posted in accordance with the requirements of Chapter 10.48 of the Newport Beach Municipal Code. Volume 24 - Page 294 it ent COUNCILMEN 3 t�9�S .� y?iG+PONP �9 LPN s <N$ ROLL CALL ^ CITY OF NEWPORT BEACH November 23, 1970 MINUTES Wncx Inspector Topping of the Newport Beach Fire Depart- ment gave a brief staff report. No one else desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. Resolution No. 7310, confirming the report of the R -7310 Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor - Controller of Orange County to enter the amount of each assessment referred to in said report on the Motion x County tax roll, was adopted after the reading of the Ayes x x x x x x x resolution was waived by unanimous consent of the Council. 6. Mayor Hirth opened the public hearing regarding the Npt Arche appeal of Newport Arches Marina, Inc. by Richard C. Marina Greenberg, attorney, from the decision of the Plan- Appeal ning Commission denying an Amendment to Use Per- mit No. 1302 requesting to use a boat as a 150 seat floating restaurant at the Newport Arches Marina property; portion of Lot 170, Block 2, Irvine's Sub- division, located at 3333 West Coast Highway, on the south side between Newport Boulevard and Riverside Drive. A letter from Richard Greenberg, attorney, requestin continuance of the hearing to December 14, 1970 was presented. Motion x In compliance with the request of the Appellant, the Ayes x x x x x x x hearing was continued to December 14, 1970. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1363, being, Annex 73 AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING THE ANNEXATION TO THE CITY OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF NEWPORT BEACH AND KNOWN AS COLLINS ANNEX- ATION - ANNEXATION NO. 73, was presented for second reading. Motion x Ordinance No. 1363 was adopted after the reading of �es x x x x x x x the ordinance was waived by unanimous consent of the Council. Volume 24 - Page 295 COUNCILMEN i y� y�O�np ✓'C9 �P iP ROLL CALL CITY OF NEWPORT BEACH November 23, 1970 MINUTES 1111671 ORDINANCES FOR INTRODUCTION: • 1. Proposed Ordinance No. 1367, being, Dist Map No 52 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING A PORTION OF DISTRICT MAP NO. 52 AND PREZONING UNINCORPORATED TERRITORY ADJACENT TO THE CITY OF NEWPORT BEACH IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment No. 272 prezoning a portion of Block 97, Irvine's Subdivision, presently outside of the Newport Beach City limits, from an R -3 -B to an R -1 -B District and portions of Tracts 6152 and 6634 in Harbor View Hills from an R -3 -B to an R -1 -B District was presented with a report from the Planning Director. Motion x Ordinance No. 1367 was introduced and set for public Ayes xxxxxxx hearing on December 14, 1970. 2. Proposed Ordinance No. 1368, being, Business License AN ORDINANCE OF THE CITY OF NEWPORT Tax _ BEACH REPEALING CHAPTERS 5.04 AND 5. 08 . OF THE NEWPORT BEACH MUNICIPAL CODE, AND ADDING THE FOLLOWING NEW CHAPTERS TO SAID CODE: 5. 04, ENTITLED "GENERAL PROVISIONS ": 5.08, ENTITLED "LICENSE FEE CATEGORIES "; 5. 11, ENTITLED "SPECIAL REGULATIONS ". Motion x Ordinance No. 1368 was introduced and passed to Ayes xxxxxx. second reading on December 14, 1970. Noes CONTINUED BUSINESS: 1. A report was presented from Public Works Director Bal Port regarding 47th Street and Balboa Boulevard inter- Triangle section traffic. Shopping Center Motion x The Public Works Director's report was approved, Traffic Ayes xxxxxxx and the staff was authorized to proceed with the solutions as listed in said report. • Volume 24 - Page 296 COUNCILMEN 3�PSOOo yyC ROLL CALL 4 CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX 2. The removal of a driveway approach on the south side 1st Ave ' of First Avenue east of Carnation Avenue in Corona Driveway del Mar was considered. Closing Motion x Removal of subject driveway was denied. Ayes xxxxxxx 3. Resolution No. 7311, approving the annexation to the Annex 70 City of certain uninhabited territory contiguous to the R -7311 City of Newport Beach and known as Annexation No. Motion x 70 (Harbor View Hills - Phase III), was adopted after Ayes xxxxxxx the reading of the resolution was waived by unanimous consent of the Council. 4. The proposal was presented from Downey Savings and Adams/ Loan Association to purchase City -owned property on Brookhure the southeast corner of Brookhurst and Adams, Prop Huntington Beach, for the purchase price of $325, 000 cash at close of escrow, enclosing check in the amount of $325, 000, and stating that the offer auto- matically expires unless accepted by the City of New- port Beach on or before November 26, 1970. Councilman Dostal stepped down from the Council Table due to a conflict of interest. Potion x The staff was instructed to prepare specifications and Ayes x x x x x x to go to public bid as soon as possible on the sale of City -owned property on the southeast corner of Brook hurst and Adams, Huntington Beach, with water rights being reserved for the City; and the staff was directed to notify Downey Savings and Loan Association of such action. Councilman Dostal resumed his seat at the Council Table. CURRENT BUSINESS: 1. A letter from the Association of Newport Harbor Tidelands Yacht Clubs enclosing petitions bearing approximately Use Fees 1,852 signatures requesting reconsideration of the tidelands use fees, and requesting repeal of the ordinance imposing said fees, was presented with a letter from Peter Davis opposing the proposed County ordinance on tidelands use fees and requesting repeal of the City tidelands ordinance. Volume 24 - Page 297 COUNCILMEN ?o�A SC�O'O yy� Ont�9'�yOGONayyin ROLL CALL '\ 9 P� y CITY OF NEWPORT BEACH November 23. 1970 MINUTES INDEX Mayor Pro Tem Rogers made a.motion to direct the &otion staff to bring forth legislation for consideration on x December 14 that would rescind the tidelands use fees A discussion was had. Roy Woolsey, one of the circulators of the petition, spoke from the audience. Harbor and Tidelands Administrator George Dawes said that the Board of Supervisors had stated that there would be a County fee and they had only to determine the amount. Harvey Pease stated he was against opening up the tidelands use fee discussion. Ayes x x x x A vote was taken on Mayor Pro Tern Rogers' motion, Noes x x x which motion carried. Motion x Councilman Kymla made a motion for the Council to request of the Board of Supervisors that if they must have a tidelands use fee, they adopt one similar to the existing Newport Beach fee. Motion x Mayor Pro Tern Rogers made a substitute motion to postpone consideration of such a request to the Board of Supervisors to December 14. Ayes x x x A vote was taken on Mayor Pro Tern Rogers' substi- Noes x x x x tute motion, which motion failed to carry. Ayes x x A vote was taken on Councilman Kymla's motion, Noes x x x x x which motion failed to carry. Motion x Councilman Parsons made a motion to instruct the City Attorney to do whatever was necessary to request the Attorney General for an opinion regarding City's responsibility as trustee of tidelands to charge for private use. Motion x Councilman McInnis made a substitute motion to post - Ayes x x x pone action on Councilman Parsons' motion until Noes x x x x Council had its first hearing on December 14, which motion failed to carry. Ayes x xxxx A vote was taken on Councilman Parsons' motion, Noes x x which motion carried. • Volume 24 - Page 298 COUNCILMEN 3��+soo� 2 ?i �Gf P'A PO N 99 N`9 ��,p ROLL CALL CITY OF NEWPORT BEACH Nevemhar 23. 7170 MINUTES RL0I :0 2. A report was presented from the Public Works Master Director regarding engineering services for future Plan - • master plan water supply facilities. Water Motion x The staff was authorized to obtain a proposal for Ayes xxxxxxx providing subject engineering services for future master plan water supply facilities. 3. A report was presented from the Public Works BI Sand Director regarding sand replenishment on Balboa Replenis Island. ment The recommendations of the Joint Harbor Committee Motion x were approved, and the expenditure of $4, 400 for the Ayes x x x x x x x City's share of sand replenishment on Balboa Island was approved. 4. Public Works Director Joseph Devlin reported on 32nd St bids received in connection with demolition of houses Widening for the 32nd Street Widening Project, Contract No. 1152. Resolution No. 7312, awarding contract to Viking R -7312 Land Clearing, Inc., in the amount of $6, 800, for demolition of houses for the 32nd Street Widening Motion x Project, Contract No. 1152, was adopted after the Ayes x x x x x x x reading of the resolution was waived by unanimous consent of the Council. 5. A report was presented from the Planning Director Tract regarding the Final Map of Tract 7083, consisting 7083 of 3. 95 acres of land divided into 22 residential and one green area lot, located at the southwest corner of Vista del Oro and Vista del Bolsa, zoned R -1, R- 4- B -2 -UL and R -3 -B. Planning Director Larry Wilson gave a report on the findings of the Planning Commission. Motion x The Final Map of Tract 7083 was adopted, subject to Ayes x x x x x x x the conditions recommended by the Planning Commission. Motion x The following resolutions were adopted after the Ayes x x x x x x x reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7313 authorizing the execution of R -7313 an agreement with IDH, a Joint Venture, Sub- divider, .'for the:conetruction of improvements in Tract No. 7083. •Resolution No. 7314 authorizing the execution of R -7314 an agreement with IDH, a Joint Venture, Sub - Volume 24 - Page 299 COUNCILMEN yILL9o2 �y $ n. ?�9O ROLL CALL CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX i- divider, for the construction of future street, Vista del Bolsa, Tract No. 7083. • 6. A report from the Planning Director regarding the Tract Final Map of Tract 7166, subdivision of 9.195 acres 7166 into 49 residential lots and one green area lot, located on the north side of Vista Del Oro (extended) and westerly of Eastbluff Drive, zoned R -3 -B and R- 4- B -2 -UL. Planning Director Larry Wilson gave a report on the findings of the Planning Commission. Motion x The Final Map of Tract 7166 was approved, subject Ayes xxxxxxx to the conditions recommended by the Planning Commission. Motion x The following resolutions were adopted after the Ayes x x x x x x x reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7315 authorizing the execution of R -7315 an agreement with IDH, a Joint Venture, Sub - divider, for the construction of improvements in conirectibn with Tract No. 7166. Resolution No. 7316 authorizing the execution of R -7316 an agreement with IDH, a Joint Venture, Sub- divider, for the construction of improvements in connection with Tract No. 7166, offsite Vista Del Oro, adjacent to Tentative Tract No. 7167. RECESS for five minutes was declared by Mayor Hirth. The Council reconvened with all members present. 7. A letter was presented from the Parks, Beaches Promor and Recreation Commission regarding Promontory tory Point Development, reiterating its request fbr view Point spots, and enclosing a copy of its letter to the Planning Commission recommending a conditional use permit. Councilman Parsons made a motion to file subject letter, which motion was withdrawn. Bill Watt and Jim Taylor of The Irvine Company spoke from the audience. Parks, Beaches and Recreation Director Cal • Stewart give a report on the findings of the Parks, Beaches and Recreation Commission. Volume 24 - Page 300 i- COUNCILMEN %9�P y0C °�yya� ROLL CALL m m CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX Motion x Councilman Kymla made a motion that if the project • was approved by the Planning Commission, it must be subject to the condition that the Council have a review of the project, as final approval of it. Councilman Parsons asked that the motion be amended to add that the Planning Commission be informed that the Council is considering the possibility of acquiring one or two acres on the easterly end of the property as a possible view -site park, which amendment was accepted by Councilman Kymla. Ayes xxxxxxs A vote was taken on Councilman Kymla's motion as amended, which motion carried. 8. A report was presented from the Public Works Assess. Director regarding a report on the Newport Heights ment alleys and Assessment District No. 53 from Roland Dist 53 Landrigan, Chairman of the Alley Committee of the Newport Heights Improvement Association. Roland Landrigan spoke from the audience regarding the proposed modified standards and the unique drainage problems' in the area. Motion x The staff was directed to initiate proceedings for the dyes x X x X X N N creation of an Assessment District for the improve- ment of alleys in Newport Heights, based on specifi- cations in the Landrigan report, with engineering costs to be borne by the Assessment District. 9. A report was presented from the City Manager Civic regarding proposed agreement with the County of Center Orange for sale of property providing for Harbor Judicial District Courts in the new Civic Center Complex. Motion x The Mayor was directed to request the Board of Ayes x x x x x x Supervisors for extension and, if said extension not Noes x allowed, the Mayor was directed to call a special meeting on December 8 to consider the proposed agreement, as amended, and if extension is allowed, the matter is to be considered at the regular meeting to be held December 14. • Volume 24 - Page 301 COUNCILMEN 2 °- yp Pp ROLL CALL c+ CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX CONSENT CALENDAR; Wotion x The following items were approved by one motion af- Ayes x x x x x x x firming the actions of the Consent Calendar: 1. The following Advisory Communications ordere .were filed: Letter from Mrs. \Lois Brechtel enclosing copy of Promon- letter she has sent to The Irvine Company opposing tory the Promontory Bay and Balboa Wharf developments. Point Notice of Local Agency Formation Commission hearing to be held November 25 on the proposed annexation to the City of Costa Mesa designated Sun- flower No. 4 Annexation. Letter from the County Sanitation District enclosing brochures on the Southern California Coastal Water Research Project. Letter from Bertha Staebler stating her feeling that the public does not have enough voice in decisions made by Council. Letter from California Water Resources Association • enclosing a letter from the Association to San Jose Mercury & News which they feel corrects some misunderstandings regarding water programs and their benefits for man and the environment. Resolution of the City of Seal Beach urging action by Or Co the Board of Supervisors relating to engineering and Airport technical changes in jet aircraft designed to reduce noise and air pollution, and urging conditions to be imposed by the Board of Supervisors to insure such technical and engineering changes. Notice of hearing on the proposed dissolution of the Talbert Drainage District on December 9• Agenda of Board of Supervisors meetings held November 10, 12, 17 and 18, 1970. Notes from Mrs. Mary Sauer and Jay D. Tarnowske regarding preservation of the back bay. • Volume 24 . Page 302 COUNCILMEN 1 'A Ny < <Ny ROLL CALL CITY OF NEWPORT BEACH November 23, 1970 MINUTES W, DTCl 2. The following communications were referred as •indicated: Referred to staff for inclusion in study and report Ocean back, letter from Carl H. Quandt appealing from the Blvd three foot height restriction in connection with his Height Resubdivision Application No. 274 and improvements Restr to his lot at 2501 Ocean Boulevard, Corona del Mar. Referred to staff for study and report back, letter Crab from Robert Roubian, owner of The Crab Cooker, Cooker asking for permission to acquire and install a two - way dial clock on the sidewalk in front of The Crab Cooker at 2200 Newport Boulevard. To Pending Legislation Committee, resolution of the City of Buena Park expressing its Council's dis- pleasure with the manner of adoption of the increase in compensation for the Board of Supervisors. Referred to Planning Commission for recommenda= Tr 7030 tion, letter from the Donald L. Bren Company requesting encroachment permit to locate within the public right -of -way, on the center median, a deco- rative entry and landscaping at the entry street to Tract 7030, bounded on the east by MacArthur Boule- • vard (realigned) and on the west by the green belt area. Referred to Parks, Beaches and Recreation Com- CdM Tree mission for appropriate: action and reply, letter Trimming from Corona del Mar Chamber of Commerce asking that the laurel trees on Coast Highway in Corona del Mar be trimmed, and that a different method of trimming be used. Referred to staff for reply, letter from James and Georgia Mahoney opposing the Balboa Pier location for a Boys Club. Referred to staff for reply, note from C.. H. Jones enclosing newspaper article describing the manner in which citizens assist the police force in Milwaukie, Oregon by use of citizen band radios tuned to an emergency channel and monitored by the police dis- patcher. Referred to staff, letter addressed to City Clerk W Npt from the U.S. Corps of Engineers, Los Angeles Beach .. District, acknowledging receipt of Newport Beach's Erosion • Volume 24 - Page 303 COUNCILMEN 'F� ?p S C+9 O 9 �2� C'P�O NAPQ s`9 ��N ROLL CALL CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX Resolution No. 7299, and clarifying status of the • Corps' plans to provide shore protection to Newport Beach. Referred to staff, copies of letters to Senator Murphy W Npt and Senator Carpenter from the U. S. Corps of Engi- Beach neers regarding status of the West Newport Beach Erosion erosion control project. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7317 commending the Honorable Alton Supv-"Alle Allen for his outstanding public service as a Super- R -7317 visor of Orange County. Resolution No. 7318 commending the Honorable Suvv. William H. Hirstein for his outstanding public servict Hirstein as a Supervisor of Orange County. R -7318 Resolution No. 7319 authorizing execution of an Radio agreement between the City of Newport Beach and the System County of Orange for local government radio system R -7319 installation and maintenance. • 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of Loren Kenneth Langmade for damage to his Langmad car on October 14 which he states was caused when he hit an allegedly unmarked manhole cover on 2nd Street between Poppy and Poinsettia in Corona del Mar. Claim of Amsco Corporation, filed by Michael Bendei Amsco & Associates, Inc., for damage to an automobile on October 30, 1970, allegedly caused when it was involved in an accident with a City vehicle. Claim of Jay Bentley, filed by his father John Bentley Bentley, for false arrest, false imprisonment and malicious prosecution by the City of Newport Beach on August 16, 1970. Claim. of Thomas L. Finley III for personal injuries Finley sustained on September 26, 1970, allegedly caused by a glass lamp cover dislodged from a lamp pole which struck claimant on the head. • Volume 24 - Page 304 COUNCILMEN t � v P ° c Fys o y ° c 6 " ROLL CALL y%e"s ` � $ ✓' CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX Summons and Complaint for Personal Injuries and McClellan Property Damage of Michael W. McClellan in • Superior Court Case No. 178431, original claim involved accident with City vehicle. 5. The request of the business community of Balboa Christmas Island to display Christmas lights along Marine Ave- Decoratioi nue was approved, subject to the approval of the Traffic Engineer and Utilities Superintendent. (A report from the City Manager regarding Christmas decorations was presented. ) 6. The request of the Balboa Improvement Association Christmas to display a Christmas tree at Main and Balboa, to Decoratioi wrap light standards on Balboa Boulevard and to cover parking meters throughout the business section from December 15, 1970 to January 2, 1971 was approved, subject to approval of the Traffic Engineer and Utilities Superintendent. 7. The request of Al Forgit Hardware to display Christ- Christmas mas decorations in the traffic island at Balboa and Decoratio3 Newport Boulevards was approved, subject to ap- proval of Traffic Engineer and the receipt of an insurance policy satisfactory to the City Attorney. • 8. The work was accepted for the Traffic Signal Modi- Traffic fication at Intersection of Jamboree Road and San Signal/ Joaquin Hills Road, Contract No. 1261, and the City Jamborree Clerk was authorized to file a Notice of Completion & San and to release the bonds 35 days after Notice of Joaquin Completion has been filed. (A report from the Public Works Director was presented. ) 9, The expense accounts of Councilmen Dostal and Croul for attendance at the League of California Cities Con- ference in San Diego on October 25 -28, 1970 were approved. 10. The following Budget Amendments were approved: BA -32, $1, 250 transfer of Budget Appropriation for postage expense to continue second notice policy in connection with water bills, from Unappropriated Contingency Reserve to Finance - Postage, Freight, Etc., General Fund. BA -33, $10,000 transfer of Budget Appropriations for upgrading of street lighting on Irvine Avenue • Volume 24 - Page 305 COUNCILMEN ROLL CALL \0 �9?N ( f Z '^ CITY OF NEWPORT BEACH November 23, 1970 MINUTES INDEX from 32nd Street to Santa Isabel Avenue from Un- appropriated Contingency Reserve to Land Improve- ment, Street Lighting- Irvine Avenue from 23rd Street to Santa Isabel Avenue, General Fund.. BA -34, $4, 400 transfer of Budget Appropriations for sand replenishment on Balboa Island from Unappro- priated Contingency Reserve to San Replenishment- Balboa Island, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A resolution of the City of Anaheim petitioning the Or Co . Public Utilities Commission to provide a direct Airport aerial route from Orange County Airport to Sacra- mento and asking other Orange County, cities to adopt similar resolutions was presented. Motion x The Mayor was directed to write to the appropriate Ayes x x x x x x x cities stating that the City Council of Newport Beach is not opposed to existing flights to Sacramento, but is opposed to any additional flights. 2, A letter from the California Trucking Association H -tgkway enclosing copy of "Highway Carriers' Uniform Busi- ness License Tax Act!' and calling attention to the Carriers Bus -Lic fact that after December 31, 1970, . this law prohibits Tax cities from assessing, levying or collecting business license taxes on the intercity transportation business of any express corporation, freight forwarder, motor transportation broker, or person or corporation, owning or operating motor vehicles in the transpor- tation of property upon the public highways, under Motion x the jurisdiction of the Public Utilities Commission Ayes x x x x x x x (Sec. 4303) was ordered filed. ADDITIONAL BUSINESS: Motion x 1, The City Clerk was instructed to advertise a public Ayes x x x x x x x hearing before the City Council on Monday, Decem- Lockheec ber 14, 1970 to consider Zoning Amendment No. 273 Prop pertaining to the property presently owned by Lock- Rezoning heed Aircraft Corporation and bounded by MacArthur Boulevard, Birch Street and the future Corona del Mar freeway, to reclassify said property from the "U" Unclassified District to the "PC" Planned Com- munity District. • Volume 24 - Page 306 COUNCILMEN 'rte Pp S fit O 9 �'(9 N ( (NZ ROLL CALL Motion Dyes Motion Aye s Motion _ Ayes • CITY OF NEWPORT BEACH November 23. 1970 MINUTES INDEX Harbor Permit/ Dixon Trans- portation Plan Citizens Adv Cmte ffitreyAq x 2. A public hearing was set for December 14 to consider x x x x x x x the revocation of Harbor Permit No. 152 -1345 of Mr. Kenneth W. Dixon, 351 E. Bay Front, Balboa Island. 3, It was agreed that the December Council meetings . would be held December 14 and December 21, 1970. x 4. The following appointments to the Transportation x x x x x x x Plan Citizens Advisory Committee were approved: H. W. Linton, William Dootson, Carol Martin, William Agge, Roland Landrigan, Wally Koch and Richard Clucas. 5. A discussion was had regarding Council making a statement answering a petition in connection with Prisoners of War. It was agreed that -the staff would prepare a reso- lution and would come back with any background information they were able to obtain on the current movement. x The meeting was adjourned at 12:25 A. M. xxxxxxx o, V• Mayor ATPEST: �a c ty Cler c Volume 24 - Page 307 INDEX Harbor Permit/ Dixon Trans- portation Plan Citizens Adv Cmte ffitreyAq