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Home My WebLink About01/11/1971 - Regular MeetingROLL CAL Prese W Motio Ayes Motio: Wes COUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P. M. Date: January 11, 1971 INDEX Roll Call: The reading of the Minutes of the Adjourned Regular Meeting of December 21, 1970 was waived, and said Minutes were approved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing regarding Com Pavilion mercial Harbor Permit Application of Davey's Locker, Queen Inc., 632 Lido Park Drive, Newport Beach, for a sight- seeing /entertainment boat, The Pavilion Queen, based at Balboa Pavilion and operating on the waters of Newport Harbor from 11:00 A. M. to Midnight, 7 days a week, selling food and drinks and having live entertainment;.150 passenger capacity. Letters were presented to the Council from the following urging approval: Bill Grundy; Newport Harbor Chamber of Commerce, Marine Division; Donald S. Redington; Mrs. Patricia A. Gray; Mrs. Pearl White; Mrs. John T. Boyd, Jr.; John L. Poyas; Robertshaw Controls Company; Helen and Nickolas Frank; Harry and Audrey Nye; Mrs. Colin Reynolds; Hannah Stegor; Mrs. John Lieb; John and Catherine Earhart. City Clerk Laura Lagios stated that the following communications had been received which supported the application for a permanent permit for the Pavilion Queen: a petition bearing 102 signatures of owners and residents of water -front homes in New- port Harbor and letters from Harry Babbitt, Presi- dent of the Newport Beach Tennis Club; Robert Harris and Mr. and Mrs. Herbert Brownell. The following people spoke from the audience objectir to the Pavilion Queen operation: Mrs. John Rowe; Mrs. Edward Kelly; Richard Sweet; D&I Grettenberg, operator of the cruise boats at the Fun Zone,and John Negus. Robert McCurdy, representing the Newport Harbor Chamber of Commerce, stated the Board ap- proved subject application. The following people spoke in favor of the Pavilion Queen operation: Richard Barrett; Al Glazier; Dora Hill, past Mayor of Newport Beach; and Phillo Tozer, President of Davey's Locker, Inc. The hearing was closed. Volume 25 - Page 1 COUNCILMEN ROLL CALL\d\\ C� O � O min � 'ya sN $ f CITY OF NEWPORT BEACH January 11, 1971 MINUTES INDEX .otion x A Commercial Harbor- Permit was granted to Davey's es xxxxxxx Locker, Inc. to operate the Pavilion Queen as a sight- seeing and entertainment boat on the waters of New- port Harbor. 2. Mayor Hirth opened the public hearing.in connection Water with the proposed vacation, closing up and abandon- Line ment of a certain water line easement at Hoag Vacation Hospital, in accordance with Resolution of Intention No. 7327. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 7347, ordering the vacation of a water R -7347 Motion x line easement at Hoag Hospital, was approved after Ayes xxxxxxx the reading of the resolution was waived by unanimous consent of the Council. 3. Mayor Hirth opened the public hearing in connection Sewer with the proposed vacation, closing up and abandon- Line ment of a certain sewer line easement at El Paseo Easement Drive and Bayside Drive, in accordance with Reso- lution of Intention No. 7328. No one desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Resolution No. 7348, ordering the vacation of a sewer R -7348 line easement at El Paseo Drive and Bayside Drive, Motion x was adopted after the reading of the resolution was Ayes x x xx x x x waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: 1. Ordinance No. 1371, being, Civic Center AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A SPECIFIC PLAN TO ESTABLISH A SIGHT PLANE DEFINING THE MAXIMUM PERMITTED HEIGHT OF STRUC= TURES ON A PORTION OF THE PROPOSED NEWPORT BEACH CIVIC CENTER SITE, Specific Plan No. 3, establishing a uniform slope defined by contour lines of elevation above mean sea Volume 25 - Page 2 COUNCILMEN ROLL CALL y9 ✓Z C1 � O +� O 0N f '9 O y N Q L N CITY OF NEWPORT BEACH January 11. 1971 MINUTES PICT �l '4 level and superseding all other limitations on height of structures which would otherwise be applicable under zoning district regulations of the Newport Beach Municipal Code, was presented with a report from the Planning Director. Planning Director Larry Wilson gave a staff report. Motion x Ordinance No. 1371 was introduced and set for public Ayes x x xx x x x hearing on January 25, 1971. CONTINUED BUSINESS: 1. A report was presented from the City Manager Personn4 regarding implementation of incentive plans. Incentive Plans The requirements for two annual performance evalu- ations as contained in Sections II. A. 2 and II. B. 2. of the Performance Incentive Plan and Section II. 2. of the Scholastic Achievement Incentive Plan for the calendar year 1971, was waived; and the staff was Motion x authorized to implement the two plans on the basis of Ayes x x x x x x one annual evaluation for the first evaluation period only. 2. A report was presented from the Public Works Re sub 2i Director regarding request of Mr. Carl Quandt to eliminate 3 -foot height limitation as condition of approval to curb cut permit at corner of Ocean Boule- vard and Carnation Avenue in Corona del Mar, Resubdivision No. 274. The condition of approval attached to the curb cut permit stipulating that any new building construction on either side of the resubdivision not exceed a Motion x maximum height of three (3) feet above the average Ayes xxxxxxx curb elevation was revoked. 3. A transcript of Council meetings held January 26 and Traffic February 9, 1970 and of Study Session meeting held Signal January 26, 1970 was presented with a copy of a Prioritie report from the City Attorney. Motion x The following traffic signal priorities schedule was Ayes xxxxxxx approved: 1. Balboa Boulevard -West Newport Boulevard crossing. 2. Newport Center Drive- Newport Center Drive 0 East and West. Volume 25 - Page 3 �l '4 COUNCILMEN \SI-95 0I AaROLL CAL CITY OF NEWPORT BEACH January 11, 1971 MINUTES INDEX As :S rt nent reet ig 3. Dover Drive - Irvine Avenue. • 4. Bayside Drive - Jamboree Road. 5. Balboa Boulevard -47th Street. CURRENT BUSINESS: 1. A report was presented from the Public Works Stop Director regarding stop control on Newport Center Contra Drive at Santa Rosa Drive. 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. 7349 designating intersections at R -734 which vehicles are required to stop, and directing the Traffic Engineer to erect necessary stop signs (Newport Center Drive at Santa Rosa Drive). Resolution No. 7350 authorizing removal of stop R -735 controls on Santa Rosa Drive and on private driveway extending westerly of Santa Rosa Drive at Newport Center Drive, tion. x 2. A report from the Public Works Director regarding TOPI( es x x x x x x x TOPICS study was postponed to January 25, 1971. 3. A letter was presented from the City of Inglewood's OrCo Noise Abatement Division regarding proposed rule Airpo: requiring existing aircraft to be retrofitted with quiet Noise engines, enclosing a copy of FAA's request for public Abates comment on the proposed rule, and strongly urging Council to study it carefully and respond to the FAA by the deadline date of January 29. Motion x The matter was referred to staff for study and report Ayes x x x x x x x back on January 25, 1971. 4. A letter was presented from Dennis Harwood, attor- Balbo, ney for Dr. Harry Alexon, applicant for Use Permit Inn No. 1476, requesting Council consideration -of off- Off -st street parking agreement in connection with the Parkii Balboa Inn restaurant located at 100 Main Street, Balboa. Dennis Harwood, attorney for the applicant, spoke from the audience. Planning Director Larry Wilson gave a brief staff report. Volume 25 - Page 4 As :S rt nent reet ig COUNCILMEN ' 5 O on � ' a s ROLL CALL y3s ` goy P CITY OF NEWPORT BEACH January 11. 1971 MINUTES INDEX y and prepare n :;able- . CATV tating cement e owner - V systern Ls ap- >nsent to hat eports npter tele- ilso 1 any se that Cable - tion, r and motion pre - Civic Center Becket for the R -7351 ipted I by x The matter was referred to the staff for stud 4Votion yes x x x x x x x report, and the City Attorney was directed tc an agreement and bring back to the Council o January 25, 1971. 5. A letter was presented from Newport Beach vision, Inc. and Teleprompter Corporations that the two corporations entered into an agr on December 31, 1970 providing for -the futu3 ship and operation of the Newport Beach CAI by Teleprompter if transfer of the franchise. proved by the City Council, and requesting c, such transfer. Motion x Councilman Parsons moved that the matter b referred to staff for study and report. A discussion was had, and it was requested t Council be given three past annual financial 3 and profit and loss statements from Teleprot Corporation plus plans Teleprompter has for vision viewing in Newport Beach; and it was ; requested that the staff recommend to Counc'. conditions that should be added to the franchi are not currently in the franchise. • Wayne Hauser, representing Newport Beach vision, Inc., stated this could be arranged. Ayes x x x x x x x A vote was taken on Councilman Parsons' me and the matter was referred to staff for stud, report back with the above documents,_ which carried. 6. The proposed Civic Center Master Plan was sented. Frank Mosher, A. I. A., representing Welton and Associates, gave a brief report. , Resolution No. 7351, adopting a Master Plan Motion_ x Civic Center site in Newport Center, was ad. Ayes x x x x x x x after the reading of the resolution was waive4 unanimous consent of the Council. • Volume 25 - Page 5 MINUTES INDEX y and prepare n :;able- . CATV tating cement e owner - V systern Ls ap- >nsent to hat eports npter tele- ilso 1 any se that Cable - tion, r and motion pre - Civic Center Becket for the R -7351 ipted I by COUNCILMEN 3 �� Po y nA o r .ZN vc`�P�y o<N9aN ROLL CALL CITY OF NEWPORT BEACH January 11. 1971 MINUTES INDEX CONSENT CALENDAR: Motion x The following items were approved by one motion.af- Ayes x x x x x x x firming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from State, of California Department of Public Works regarding the "Manual of Uniform Traffic Con- trol Devices" which has been approved; pointing out a revised standard, "Yellow lines delineate the sepa- ration of traffic in opposing directions, " meaning that center line markings on two -lane, two -way roads will be yellow; stating the implementation schedule in con- nection with this revision beginning immediately and completing before January 1, 1973; and recommending that the City also conform to this schedule. Notice of filing of application before Public Utilities Commission of Southern California Gas Company for authority to revise tariffs for natural gas service. Notice of hearing before Public Utilities Commission in matter of application of Southern California Edison . Company for orders of Public Utilities Commission authorizing applicant to increase rates. Order Instituting Investigation before Public Utilities Commission on Commission's own motion o£pro- cedures for determining California intrastate oper- ating results of interstate bus carriers operating in California. Copy of resolution of Public Utilities Commission in connection with electric utilities reports on loads and resources. Letter from City of Stanton enclosing resolutions urging that Southern California Agency of Government (SCAG) consider the adoption of a policy to oppose any bill on a state or federal level which does not involve local government in the decision- making process regarding the orderly physical development of a region. Resolution of City of Westminster requesting repatri- ation of captured American and Allied fighting men. Volume 25 - Page 6 ROLL CALI • • COUNCILMEN CITY OF NEWPORT BEACH January 11, 1971 MINUTES Letters protesting the new business license fees from Master Pest Control, Inc., Harold Morris, Tom Denman, Baker Commodities, Inc., Scale All,. Bertil E. Hagg. Letter from Local Agency Formation Commission setting out filing and hearing schedule for 1971. Resolution of the City of San Clemente requesting the enactment of appropriate legislation regulating the maintenance and storage of dangerous drugs and narcotics. Agenda of Board of Supervisors meetings held December 22, 23, 29, 30, 1970 and January 5 and 6, 1971. Copy of League of California Cities' Digest of 1970 Legislation Affecting Cities, Regular Session, December 1970. Copy of resolution of Board of Supervisors approving acquisition of parcel of property for use as a Harbor Judicial District court site and approving Agreement for the Conveyance of Real Property with the City of Newport Beach. Copy of Reports of the Contract Auditors for Orange County Grand Jury for Year 1970. Copy of Report of Orange County Grand Jury for year 1970. Report from City Clerk fixing January 25, 1971 as the last day to file arguments for or against the initiatives to be presented to the voters at Special Election to be held March 9, 1971. 2. The following communications were referred as indicated: INDEX Referred to Planning Commission, letter from Suzy Promon- Ficker protesting proposed developments of The Irvin tory Company, including Promontory Point_ Point Referred to Planning Commission, letter from West Civic Newport Improvement Association encouraging an District overall planning study such as that recommended by Councilman Kymla and going on record as not favoring spot zoning or other buildings not in conformity with the overall Planning Study., Volume 25 - Page 7 COUNCILMEN o P G o N A 9l p O ROLL CALL '� < < 0 CITY OF NEWPORT BEACH January 11, 1971 MINUTES INnFX Referred to staff, letter from State Department of TOPICS • Public Works in connection with City's share in California's allocation of TOPICS Funds for the 1969- 70 and 1970 -71 fiscal years. Referred to staff for study and recommendation, letter Street from Carl B. Pearlston regarding signing at Tustin/ Name Irvine -Santa Isabel. Referred to staff for appropriate action and reply, BI Storm letter to Mayor Hirth from Martha Anwiler, who lives Drain at the corner of Balboa and Grand Canal on Balboa Island, regarding a storm drain at the end of her street. Referred to staff for reply, petition addressed to Boys' Mayor Hirth bearing signatures of forty -two residents Club in the Bluff and Eastbluff areas who are for a Boy's' Club at Eastbluff Park. Referred to staff for reply, letter from M. L. Morvay Gen complimenting the fine service of the General Service4 Services Department. Referred to staff for reply, letter from Cap Black- Parking • burn regarding overtime parking citation. Citation Referred to staff for reply, letter from Mrs. John Helicopte Bookston protesting helicopter flights over her house Flights in Harbor View Hills Homes. Referred to staff for reply, letter from Mario Polvo- Safety rosa regarding a bill to be introduced by Senator Nick Flares Petris at the upcoming legislative session which would require the presence of safety warning flares in all vehicles and enclosing a resolution of the City of San Leandro urging passage of this bill. Referred to staff for reply, letter from City of Culver Insuranc( City enclosing copy of resolution urging the Los Coverage Angeles County Division of the League of California Cities to investigate and schedule a full and compre- hensive investigation and report as to the present advisability of the Los Angeles Basin cities attempting to work out a mutual assurance program for the pur- pose of providing the necessary insurance coverage in all or part of the fields of municipal liability. Referred to staff for reply, letter from City of Seal Environ- Beach enclosing resolution of that city advocating the mental Quality Control Boards Volume 25 - Page 8 COUNCILMEN ROLL CALL 3 �r5 �A o� \TIP CITY OF NEWPORT BEACH January 11, 1971 MINUTES INDEX establishment of environmental quality control boards . in all cities within Los Angeles and Orange Counties and an ordinance establishing an appointive environ- mental quality control board and prescribing its duties and functions. Referred to staff for reply, letter from Ben Bishop Pacific protesting the Pacific Coast Freeway and enclosing Coast portion of a newspaper article suggesting "solution to Freeway the freeway hassle" via Back Bay and Corona del Mar Freeway at Palisades. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7352 authorizing execution of an agree Resub 290 ment with Standard Oil Company of California, R -7352 Western Operations, Inc., subdivider, for the con- struction of improvements in Resubdivision No. 290 (Chevron service station site). (A report from the Public Works Director was presented.) Resolution No. 7353 approving the admission.of the Library Santa Ana Public Library into the Orange County R -7353 • Cooperative Library System (Santiago Library System). Resolution No. 7354 requesting the Board of Super- Special visors of the County of Orange to permit the County Election Clerk of said County to render specified services to R -7354 the City of Newport Beach relating to the conduct of Special Municipal Election to be held in said City on March 9, 1971. Resolution No. 7355 authorizing all members of the Special City Council to file written arguments for and against Election City measures. R -7355 Resolution No. 7356 ordering canvass of the Special Special Municipal Election to be held on the 9th day of March, Election 1971, to be made by the City Clerk. R -7356 Resolution No. 7357 accepting a Quitclaim Deed from Seashore James B. Wallace and Margaret E. Wallace in con- Dr nection with settlement of Superior Court Case No. Encroach - 152669 re Seashore Drive encroachment. menu R -7357 • Volume 25 - Page 9 COUNCILMEN 3 ?95ooA Z ROLL CALL E • • CITY OF NEWPORT BEACH MINUTES Tnnnar�r 71 7 Q71 INDEX aims mpbell rson rviance :Kay III :tle Litsett 6927 M /BI ley prove - nents ,ine Ave •eet ;hting 4. The following claims for damages were denied, and Cl the City Clerk's referral of the claims to the insuranc carrier was confirmed: Claim of Mark Steven Campbell for damage to his Ca car at 603 Iris on December 21, 1970, allegedly caused by a tree falling on top of it. Claim submitted by Pacific Indemnity Group for Ive damage to an automobile belonging to Chick Iverson on October 28, 1970, allegedly caused by a City employee in performance of his duties. Claim of Martha S. Purviance for damage to her car, Pu believed to have occurred on November 13, and allegedly caused by a City contractor in connection with resurfacing of streets. Claim for personal injuries of Neal Henry McKay III, M< filed by his attorney, Lawrence Buckley, in connectio with an incident which occurred on September 13, 197 . Summons and Complaint for Personal Injuries of Jon Li S. Little, Superior Court Case No. 179925 (in con- nection with swimming accident on July 19, 1970). Summons and Complaint for False Arrest and Damages W] of Cynthia Lynn Meyers Whitsett, a minor, by and through her Guardian ad Litem, Ginger Cox, Superior Court Case No. 179775. 5. The public improvements constructed in conjunction Tr with Tract No. 6927, located at Bayside and El Paseo Drive, were accepted; and the City Clerk was author- ized to release Letter of Credit No. 42490 for faith- ful performance and to release Letter of Credit No. 42489 for labor and materials in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 6. The work for Alley Improvements, Corona del Mar Cd and Balboa Island, Contract No. 1238, was accepted; Al and the City Clerk was authorized to file a.Notice of Irr. Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.) 7. The plans and specifications were approved for Street Ir, Lighting Modification on Irvine Avenue from 23rd St: Street to Santa Isabel Avenue, Contract No. 1330, and Li Volume 25 - Page 10 INDEX aims mpbell rson rviance :Kay III :tle Litsett 6927 M /BI ley prove - nents ,ine Ave •eet ;hting COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL__ I' 1 i•_J • Motion Ayes Motion Ayes January 11, 1971 the City Clerk was authorized to advertise for bids to be opened at 11 :00 A. M. on February 2, 1971. (A report from the Public Works Director was presenter 8. The plans and specifications were approved for Construction of Bulkhead at City Lot at End of 43rd. Street at Rivo Alto, Contract No. 1323, and the City Clerk was authorized to advertise for bids to be opened at 10:30 A. M. on February 2, 1971. (A repc from the Public Works Director was presented. ) 9. The request of Kenneth W. Anderson to construct a curb cut on Ruby Avenue for a vacant parcel at the northeast corner of Park and Ruby was approved. (A report from the Public Works Director was presented 10. The following Budget Amendment was approved: BA -44, $814.50 increase in Budget Appropriations to provide for the City's 50% share of the signing and striping cost for work performed by the State Divisioi of Highways on the widening of Coast Highway at Jamboree Road, C -1105, from Unappropriated Sur- plus, State Gas Tax to Widen Pacific Coast at Jam- boree, State Gas Tax. (A report from the Public Works Director was presented.) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Director regarding sand replenishment on Balboa Island beaches, 1970 -71, Contract No. 1326. The plans and specifications were approved for sand replenishment on Balboa Island beaches, 1970 -71, and the City Clerk was authorized to advertise for bids to be opened at 10:00 A.M., February 2, 1971; subject to the condition that the contract is not to be awarded until the County's share is confirmed. INDEX 43rd St Bulkhead Curb Cut BI Sand Replenish- ment 2. A letter was presented from the City of Garden Grove Or Co enclosing resolution requesting the Public Utilities Airport Commission to provide a direct aerial route from the Orange County Airport to Sacramento. The Mayor was directed to write a letter to the Public Utilities Commission reaffirming the Council's position of opposing any additional flights out of Orange County. Volume 25 - Page 11 COUNCILMEN y� o �o \Ira y'r�7 %yN s � i ROLL CALL ✓' CITY OF NEWPORT BEACH January 11. 1971 MINUTES INDEX >llution Vic inter -7358 ick Gully rttom rntrol ecial . ection •7355 mricil ritiative . r,y 3. A letter from the City of Huntington Beach enclosing P1 resolution requesting that action be taken to eliminate the litter and health hazards caused by the sale of Motion x beverages in disposable, non - returnable containers Ayes xxxxxxx was postponed to January 25, 1971. ADDITIONAL BUSINESS: 1. Resolution No. 7358, stating the policy of the Council Q concerning the construction of a new Civic Center, C Motion x was adopted after the reading of the resolution was R Ayes xxxxxxx waived by unanimous consent of the Council. 2. A report was presented from the Public Works Bi Director regarding a protective rock apron for Buck B1 Gully bottom control structures. C� An additional appropriation of $1, 600 for subject Motion x project to cover difference between amount budgeted Ayes xxxxxxx and amount of low bid was approved. . 3. A discussion was had regarding filing arguments on Sl the freeway initiative to be presented to the voters of K the City at a special election to be held March 9, 1971. • Resolution No. 7355, authorizing all members of the R City Council to file written- arguments for and against City measures, which had been adopted earlier in the Motion x evening under the Consent Calendar action, was Ayes x x x x x x x repealed. 4. Mayor Hirth presented a resolution for Council con- C, sideration, being a resolution calling a special electiot Ii for the purpose of submitting an initiative measure to or the qualified voters and ordering the consolidation of said election with the Special Municipal Election previously scheduled for March 9, 1971. A discussion was had. Mayor Pro Tem Rogers made a motion to diary the proposed resolution to January 25. Motion x Councilman McInnis made a substitute motion to Ayes xxxxxxx postpone the proposed resolution indefinitely, which motion carried. • Volume 25 - Page 12 INDEX >llution Vic inter -7358 ick Gully rttom rntrol ecial . ection •7355 mricil ritiative . r,y ROLL CALI • Motio: Ayes • COUNCILMEN CITY OF NEWPORT January 11, 1971 BEACH MINUTES Mayor Hirth announced that a special Study Session and an Executive Session in connection with the Kadane & Sons litigation would be held at 7:30 P.M. , January 18, 1971. The meeting was adjourned at 9:35 P.M. Attest: L City Cler4k -;4ZZ Mayor Volume 25 - Page 13 INDEX