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Home My WebLink About05/17/1971 - Adjourned Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES ADJOURNED REGULAR COUNCIL MEETING s�aos o co 9 Place: Council Chambers zy ��P y�� A� Time: 7:30 P.M. ROLL CALL s9 m ` Date: May 17, 1971 INDEX Present x x x x x x x Roll Call. • The reading of the Minutes of the Regular Meeting of Motion x April 26, 1971 was waived, and said Minutes were ap- Ayes xxxxxxx proved and ordered filed. HEARINGS: 1. Mayor Hirth opened the public hearing regarding the Caruso appeal of Mary Caruso from the decision of the Plan- Appeal ning Commission denying extension of Use Permit No. 918 requesting a 2 -year extension of a use permit which allows the operation of a beerparlor establish - ment, known as "The Place ", within 200 feet of an "R" District, located at 2000 West Balboa Boulevard, at the northwest corner of West Balboa Boulevard and 20th Street. A report was presented from the Zoning Adminis- trator. A letter from Mrs. Washbon against the City's issuing a permit to "The Place" was presented. Zoning Administrator James Hewicker gave a staff • report on the findings of the Planning Commission. Dr. Carl Ackerman, leaseholder of subject property, David Sills, counselfor Sublessor Mary Caruso, and George Rager, owner of the Beach Ball bar at 2116 West Ocean Front, spoke from the audience. Mayor Hirth closed the hearing with the unanimous consent of the Council. The hearing was continued to June 14 at which time the applicant is to come back with parking arrange - Motion x ments which will satisfactorily meet the parking Ayes .. x x x x x x requirements; and a temporary extension of subject Noes x Use Permit to June 14, 1971 was granted. 2. Mayor Hirth opened the public hearing regarding the Ray appeal of Rembert Ray from the decision of the Plan- Appeal ning Commission granting the application of Earl G. Corkett for Use Permit No. 1526 which permits two duplexes to be relocated on two C -1 lots, and one duplex constructed on a third contiguous C -1 lot, • ,y Volume 25 - Page 116 COUNCILMEN o s-as 4 y�y oc ��„g$��9p ROLL CALL CITY OF NEWPORT BEACH May 17, 1971 MINUTES INDEX located at 500, 502 and 504 West Balboa Boulevard, • on the northwest corner of Island Avenue and West Balboa Boulevard. Appeal application and a supplemental letter from Rembert Ray were presented with a report from the, Zoning Administrator. A letter from Douglas L. Biggert urging the Council to uphold Mr. Ray's appeal was presented. Zoning Administrator James Hewicker gave a staff report regarding the findings of the Planning Com- mis sion. Rembert Ray spoke from the audience and submitted letters from John Meurs, property owner adjacent to the laundromat, and from the Danica Pastry Shop protesting the granting of subject.Use Permit, a letter bearing six signatures of persons conducting' busi- nesses in'the area and a petition bearing 222 signa- tures'protesting Use Permit 1526. George Meurs, owner of the Bill's Market property, spoke from the audience regarding a purported zone ' change to his property. Wotion x The hearing was closed. Ayes xxxxxxx Motion x The decision of the Planning Commission was over - Ayes xxxxxx ruled, and Use Permit 1526 was denied. Abstain 3. Mayor Hirth opened the public hearing,, in accordance Ambulancc with Section 5. 14.150 of the Newport Beach Municipal Rates Code, for the purpose of determining whether ambu- lance rate schedules for Seal's Ambulance. Service and Schaefer's Ambulance Service should be changed to increase the mileage charge from $1.00 per mile to $1. 50 per mile. A letter from Seal's and Schaefer's Ambulance Services requesting subject increase was presented with a report from the Acting City Manager. Motion x The hearing was continued to May 24, 1971. Ayes x x • Volume 25 - Page 117 COUNCILMEN CITY OF NEWPORT ;�asoo4 SN�'�Ct^�95� 9ypN wni I rni i $a Mav 17. 1971 BEACH MINUTES INDEX Ley a t :h- 4. Mayor Hirth opened the public hearing, in accordance CdM Al • with Resolution No. 7400, on proposed closing up, Vacatio vacation and abandonment of an alley in the City block bounded by Pacific Coast Highway, Dahlia, Third and Fernleaf Avenues, Corona del Mar. A report was presented from the Public Works Director. Motion x The hearing was continued to May 24, 1971. Ayes xxxxxxx 5. Mayor Hirth opened the public hearing, in accordance Substan with Section 15. 28. 060 of the Newport Beach MunicipaJ dard Code, regarding substandard building situation at Buildin! 192021 Court Street, Lot 11, Block 119, First Addition Court S to Newport Beach, owned by Wayne H. and Edyth M. Holcomb and William H. and Elsie M. Holcomb. A report was presented from the Building Code Enforcement Division of the Community Development Department. Building Inspection Supervisor Eugene Cich gave.a brief staff report. • Wayne H. Holcomb spoke from the audience. Mayor Hirth closed the hearing with the unanimous consent of the Council. Motion x The following resolution was adopted after the reading Ayes xxxxxxx of the resolution was waived by unanimous consent of the Council: Resolution No. 7412.finding and declaring that a R -7412 certain building or structure is a public nuisance and directing the owner to abate said nuisance. 6. Mayor Hirth opened the public hearing regarding Encrow Notice to Construct sent to P. A. Cassel, owner of ment parcel of land at 310 Fernando Street, Lots 11, 12, 310 Fer 13, Block 2, Balboa Bayside Tract, to commence nando construction within sixty days of a concrete sidewalk over the northeasterly 14 feet of said lots 11, 12 and 13, excepting therefrom any portions of the said northeasterly 14 feet that is presently improved with Portland cement concrete sidewalk. • Volume 25 - Page 118 Ley a t :h- COUNCILMEN � a y o o A y2 OC P� A�GO��9�in ROLL CALL \� v 0 c CITY OF NEWPORT BEACH May 17, 1971 ...._.,..m..K... .u].0. __._ _ _ MINUTES INDEX zyon Lent A report was presented from the Public Works • Director. City Clerk Laura Lagios stated that letters had been received from Betty W. Hart and Mrs. H. A. Mansur urging the replacement of subject sidewalk. P. A. Cassel spoke from the audience. Mrs. Howard Mansur and Mrs. Rita Marr spoke from the audience urging that the sidewalk be replace J. B. Wassall spoke against the increased width of the sidewalk. Motion x The hearing was continued to May 24, 1971. Ayes xxxxxx 7. Mayor Hirth opened the public hearing, pursuant to Big Cai Section 20. 51. 070 of the Newport Beach Municipal Code, to consider Planning Commission resolution recommending certain amendments to the Big Canyon Planned Community District, Planning Commission Amendment No. 287, resulting in a net reduction of 138 dwelling units, and pertaining to rear or front • yard setbacks from other property lines. No one desired to be heard on the matter. Motion x The hearing was closed. Ayes xxxxxx Motion x The following resolution was adopted after the reading Ayes xxxxxxx was waived by unanimous consent of the Council: Resolution No. 7413 amending the Big Canyon R -7413 Planned Community development plan. 8. Mayor Hirth opened the public hearing in connection Weed with the 1971 Spring Weed Abatement Program, in Abatem compliance with Resolution No. 7409. No one desired to be heard on the matter. Motion x The hearing was closed. Ayes xxxxxx Motion x The following resolution was adopted after the reading Ayes xxxxxxx was waived by unanimous consent of the Council: Resolution No. 7414 ordering the Fire Chief to R -7414 • abate weeds and other public nuisances existing Volume 25 - Page 119 zyon Lent COUNCILMEN i 1'� 2s ROLL CALL CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES INDEX upon streets, alleys, sidewalks, parkways and • private property within the City. 9. Mayor Hirth opened the public hearing regarding intro Animal duction of proposed Ordinance No. 1386, being, on Beache AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04. 030 RELATING TO PROHIBITING DOGS OR ANY OTHER ANIMALS IN PARKS AND ON ALL PUBLIC BEACHES. The following alternatives were presented: Ordinance "A ", prohibiting dogs or any other animals on public beaches and the ocean front sidewalk at all times, excepting a blind person and his guide dog. Ordinance "B ", prohibiting dogs or any other animals upon all beach areas and the ocean front sidewalk on a seasonal basis, beginning June 15 and ending September 15, excepting a blind person and his guide dog. . - Ordinance "C" , prohibiting dogs or any other animals upon all beach areas and the ocean front sidewalk on a seasonal basis, beginning June 15 and ending September 15 except during the following hours at the following locations: Penin- sula beaches (from the Santa Ana River to the Newport jetty), 6:00 A. M, to 9:00 A. M. and 6:00 P. M. to 12:00 P. M. ; Corona del Mar. beaches, 6:00 A. M, to 9:00 A. M, and 6:00 P.M. to 10:00 P. M., excepting a blind person and his guide dog. A report was presented from the Acting City Manager.. Letters in favor of restricting dogs and other animals from the beaches were presented from the,.following: Judith Brandt, Charles Brandt, Donald W. Hayton, C. A. Crain, Daniel S. Scott, Thomas H. Blandi, Robert Farrell, Bonnie M. Rawlings, Ivan P. Col - burn, Mrs. W. E. McNair, Mr. and Mrs. Grant H. Robbins and Bruce S. Hopping, Chairman of Kalos Kagathos Foundation, Laguna Beach. A letter from Jill Custer was presented supporting Ordinance "B ". • Volume 25 - Page 120 COUNCILMEN 3�yyo o � <o�yaor y�o roam N�9 FpN y < <N$ ROLL CALL m CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES Letters in opposition to restricting dogs and other • animals from the beaches were presented from the following: John R. and Judith Fox, Arthur Weissman, Frances Andorka, Judge George Francis, Mr. and Mrs. Lester Munson, Dr. and Mrs. Donal Michalsky and Caroline Steleharn. A letter from Margaret Armstrong suggesting the City use revenue from dog licenses to set aside fenced off areas for dog runs at convenient intervals away from residences was presented. City Clerk Laura Lagios stated that a letter had been received from Mrs. Dorothy Bedor supporting Ordi- nance "Blf, and a petition bearing signatures of 75 Balboa Island residents urging that dogs be banned from Balboa Island, the Peninsula and all beaches. A. H. Jones, representing the Concerned Dog Owners, stated that the following representatives would speak for the Concerned Dog Owners association: Hal Glass, Jill Custer, Martin Zeldo and Richard Domber. The following spoke from the audience opposing the banning of dogs from the beaches: Bill Ring, Glen . Welsh, Bruce Lindsley, Dave Wulmer and Mrs. Lois Irwin who founded the Concerned Dog Owners associ- ation. The following spoke from the audience urging that dogs be banned from the beaches: Charles Brandt; Ed Sanders; Judy Wilson, Board Member of the Balboa Peninsula Point Association; Mrs. Marcel; I. S. Marcel; Tom Houston, President of the Balboa Island Improvement Association; and Tom Hyans, President of the Central Newport Improvement Association. Ordinance No. 1386, being Ordinance "B ", prohibiting dogs or any other animals upon all beach areas and the ocean front sidewalk on a seasonal basis, beginning June 15 and ending September 15, excepting a blind Motion x person and his guide dog, was introduced, and the Ayes x x x x x x x hearing was continued to May 24, 1971 for a second reading of the ordinance. Volume 25 - Page 121 COUNCILMEN 3. � P s o o v O P 0 7 y ?i O y� O A �l s`9 �PNy TAN$ ROLL CALL CITY OF NEWPORT BEACH May 17, 1971 MINUTES INDEX .ds es gist 10. Mayor Hirth opened the public hearing regarding intro Tidelar • duction of proposed Ordinance No. 1387, being, Use Fe AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 17.33 OF THE NEWPORT BEACH MUNICIPAL CODE TO ELIMINATE TIDELANDS USE FEES. Larry Miller, President of the Marine Division of the Newport Harbor Chamber of Commerce, spoke from the audience in support of subject ordinance. Motion x Amended Ordinance No. 1387 was introduced and Ayes x x x x x x the hearing was continued to May 24, 1971 for second Noes x reading of the ordinance. 11. Mayor Hirth opened the public hearing regarding pro- Lower posed Emergency Ordinance No. 1388, being, Npt Bad Civic L AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH EXTENDING THE INTERIM ZONING REGULATIONS IMPOSING A MAXIMUM BUILDING HEIGHT LIMIT WITHIN THE AREA KNOWN AS THE PROPOSED LOWER NEWPORT BAY CIVIC DISTRICT AS ENACTED BY ORDI- NANCE NO, 1372, extending the moratorium for 180 days. Reports were presented from the Lower Newport Bay Civic District Study Committee and City Attorney. Bill Foley of the Community Development Department gave a progress report for the Lower Newport Bay Civic District Committee. The following people spoke from the audience sup- porting the moratorium, recommending continuation of the Committee and /or requesting that the Com- mittee hold evening meetings: Dick Stevens, Execu- tive Vice President of the Balboa Bay Club; Allan Beek; Joe Rosener; Sam Barnes; Mrs. Joseph Gallant, President of the Cliff Haven Community Association; Judy Wilson, representing the Balboa Peninsula Point Association; Tom Hyans, President of the Central Newport Beach Community Association. Motion x Emergency Ordinance No. 1388 was adopted after the Ayes xx x x x x reading of the ordinance was waived by unanimous Noes x consent of the Council. • Volume 25 - Page 122 .ds es gist COUNCILMEN ROLL CALL \ s < y CITY OF NEWPORT BEACH May 17, 1971 MINUTES INDEX y )i §t .tion rs It was agreed that the Planning Commission be asked, Lower at the appropriate time, to review the Committee's Npt Ba • proposed ordinance in a Study Session, and that an Civic I ad hoc citizens' committee consisting of members of Newport Tomorrow and others be appointed to review the report and to participate in the public discussion. 12. Mayor Hirth opened the public hearing to determine Harbor whether or not Harbor Permit Application No. 437- Permit 412 of Joe Geldreich, 412 -38th Street should be Revoca revoked. A report was presented from the Harbor and Tideland Administrator. Harbor and Tidelands Administrator George Dawes gave a brief staff report and stated that Mr. Geldreich had stated earlier in the evening that he would remove the boat in question by the next day. No one else desired to be heard. Motion x Mr. Geldreich was granted one day to comply with Ayes x x x x x x x the Harbor Permit Policies in connection with Harbor Permit No. 437 -412; and failing compliance by May 1 1971, Harbor Permit No. 437 -412 would be automati- cally revoked and the pier and ramp structure would have to be removed within 30 days of the date of revocation. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1384, being, Holida} AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 04.055 OF THE NEWPORT BEACH MUNICIPAL CODE, EN- TITLED "HOLIDAYS" TO REFLECT THE CURRENT HOLIDAY SCHEDULE, setting out the same holidays as the State designated holidays, with exceptions, for parking enforcement purposes, was presented for second reading. . Motion x Ordinance No. 1384 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. Volume 25 - Page 123 y )i §t .tion rs COUNCILMEN 3��,�' °soon 'y � c+ ?,�9 �yN ROLL CALL CITY OF May 17, 1971 NEWPORT BEACH MINUTES 2. Ordinance No. 1385, being, Arrests • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1. 12.020 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN TO AUTHORITY OF PUBLIC OFFICERS OR EMPLOYEES TO MAKE ARRESTS, expanding list of City employees authorized to issue citations under special circumstances to include the Marinapark Manager, License Supervisor and License Inspectors, was presented for second reading. Motion x Ordinance No. 1385 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. HARBOR PERMITS: 1. A report from the Harbor and Tidelands Administratol Npt Harb regarding Harbor Permit Application No. 116 -720 of Yacht C7c: the Newport Harbor Yacht Club to construct a bulk- head bayward of the easterly portion of their property at 720 W. Bay Avenue was presented with a letter from Theresa K. and D. S. Allbright, with copy of a • letter to Harbor and Tidelands Administrator, opposing subject Harbor Permit. City Clerk Laura Lagios stated that there had been received a letter from Betty Pinckney with an attached petition bearing ten signatures, letters from A. D. White, Jr. and Earl G. Corkett and additional petition bearing twenty -one signatures all requesting denial of subject Harbor Permit. Harbor and Tidelands Administrator George Dawes gave a staff report. Motion x The matter was continued until the matter has been Ayes x x x x x x x considered by the Joint Harbor Committee. 2. A report was presented from the Harbor and Tideland Kalmono- Administrator regarding Harbor Permit Application vitz No. 135 -121 of Mr. Paul Kalmonovitz to revise the bulkhead and construct two groins bayward of 121 Harbor Island Road. Harbor and Tidelands Administrator George Dawes gave a brief staff report. • Volume 25 - Page 124 COUNCILMEN 0 1i 'F P 5 0 0'a Z�OC PA0 9P ,r�r �PPA s < <N$ ROLL CALL N CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES INDEX Motion x In compliance with request of adjoining property yes xxxxxxx owners, the matter was continued to May 24, 1971. 3. A report was presented from the Harbor and Tidelands Duggai Administrator regarding Harbor Permit Application No. 259 -118 of Mr. Richard A. Duggan to revise the pier and float bayward of 118 South Bay Front, Balboa Island. Harbor and Tidelands Administrator George Dawes gave a brief staff report. Motion x Harbor Permit Application No. 259 -118 was approved. Ayes xxxxxxx 4. A report was presented from the Harbor and Tidelands Land Administrator regarding Harbor Permit Application Evolut No. 434 -3407 of Land Evolution, Inc. to construct a Inc. ramp and float bayward of 3407 Finley Avenue. Motion x Harbor Permit Application No. 434 -3407 was approve Ayes xxxxxxx 5. A report was presented from the Harbor and Tidelands Gaspa3 Administrator regarding Harbor Permit Application No. 441 -4004 of Mr. Gene P. Gaspard to construct a • pier bayward of 4004 Channel Place. Motion x Harbor Permit Application No. 441 -4004 was ap- Ayes xxxxxxx proved. CONTINUED BUSINESS: 1. A report was presented from the Zoning Administrator. Street regarding street name change of Irvine Avenue, Tustin Name Avenue and Acacia Street. Change Resolution No. 7415, changing the name of Tustin R -7415 Avenue and Acacia Street to Irvine Avenue, was Motion x adopted after the reading of the resolutionwas waived Ayes xxxxxxx by unanimous consent of the Council, and subject to the condition that the City of Costa Mesa and the County of Orange also pass similar resolutions. 2. A report from the Zoning Administrator regarding Street street name change of Palisades Road to Bristol Street Name was presented with a letter from The Irvine Company Change approving suggested name change. i Volume 25 - Page 125 ion, M COUNCILMEN ;�asnoq J'`9 �PiP ROLL CALL CITY OF NEWPORT BEACH May 17, 1971 MINUTES INDEX Resolution No. 7416, changing the name of Palisades R -7416 40motion Road, between Newport Boulevard and MacArthur x Boulevard, to Bristol Street, was adopted after the Ayes x x x x x x x reading of the resolution was waived by unanimous consent of the Council, and subject to the condition that the City of Costa Mesa and the County of Orange also pass similar resolutions. 3. A report from the Newport Beach City Arts Committee NB City regarding appointment of member to the Newport Arts CimtE Beach City Arts Committee to fill the unexpired term Motion x of Mrs. Cynthia Phillips, was continued to May 24, Ayes xxxxxxx 1971. 4. The request of John B. Lawson, President of Project Project 21 Motion x 21, for a contribution in the amount of $450 in support Ayes x x x x x x x of Project 21, was denied. S. A report from the Public Works Director regarding Traffic Motion x traffic control at corner of Tustin Avenue and Pacific Ayes x x x x x x x Coast Highway was received and ordered filed. 6. A report was presented from the Public Works Big Canyo Director regarding the request of The Irvine Company Street for City acceptance of the street lighting system plan Lighting located along Big Canyon Drive in the planned come • munity known as Big Canyon, for the purpose of main- tenance and the furnishing of appropriate energy. Motion x The City's acceptance of the street lighting system Ayes x x x x x x x in the Big Canyon area was approved. 7. A report from the Acting City Manager regarding Bay Bay Islanc Island trash receptacle enclosure was presented with Garbage a letter from Merlin L. Cox protesting the trash Bins nuisance on Edgewater Avenue at the end of Island Avenue. Motion x The staff was instructed to enter into discussions with Ayes x x x x x x x Bay Island Community Association to develop alter- native methods and /or sites for refuse collection whit do not involve permanent encroachment onto public property but which would meet the needs of Island residents. • Volume 25 - Page 126 COUNCILMEN 1PZ 9� 5 CP O� 0 O.n� 9 ROLL CALL y3 �l NQQ Z CITY OF NEWPORT BEACH May 17, 1971 MINUTES INDEX iuni - ins ach- /BI ;,ut/ V CURRENT BUSINESS: • 1. A report was presented from the Acting City Manager UHF regarding City participation in Coordinated UHF Com- Comn munications System for Law Enforcement. catic Resolution No. 7417, authorizing execution of a joint R -741 powers agreement between the City of Newport Beach and the County of Orange in connection with the creation and operation of a law enforcement communi- Motion x cations system, was adopted after the reading of the Ayes xxxxxxx resolution was waived by unanimous consent of the Council. 2. A report from the Public Works Director regarding Encrc the request of J. L. Boggs for a second story pro- ment jection into the alley at the rear of 223 Abalone Ave- nue, Balboa Island was presented with request letter from J. L. Boggs. Mr. J. L. Boggs spoke from the audience and re- quested a three -foot encroachment rather than the two -foot encroachment as recommended by the Public Works Director. An encroachment of three feet for a second story and a deck at the third story level into the alley at 223 Motion x Abalone Avenue was approved, subject to maintaining Ayes xxxxxxx an eight -foot clearance between the bottom of the projection and the alley surface and subject to the applicant providing the City with a hold harmless agreement. 3. A report from the Public Works Director regarding Curb request of John Hamilton to construct a curb cut on Ocean Ocean Boulevard for 2735 Ocean Boulevard was pre- Blvd sented with request letter from John Hamilton. John Hamilton spoke from the audience. Motion x Subject curb cut for 2735 Ocean Boulevard was ap- Ayes x x xxx proved. Noes x x 4. A report was presented from the Community Develop- Tr 73! ment Department regarding Final Map of Tract 7394, located on the easterly side of Birch Street between Quail Street and Dove Street. Volume 25 - Page 127 iuni - ins ach- /BI ;,ut/ V COUNCILMEN y �F95ooq zN��c�yPgo�� ROLL CALL CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES INDEX The Final Map of Tract 7394 was approved, subject *otion to the conditions recommended by the Planning Com - x mission; and the following resolution was adopted Ayes x x x x x x x after the reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7418 authorizing execution of an R -7418 agreement with The Newport Project, a joint venture, Subdivider, for the construction of improvements in Tract 7394. 5. A report was presented from the Public Works TOPICS Director regarding the TOPICS plan and consulting agreement. Resolution No. 7419, approving the proposal entitled R -7419 "TOPICS Plan and Study Report Prospectus Request for Federal Funds" prepared by VTN, Orange County, engineering consultants, for the City of Newport Beach, and approving the execution of a consultant's agreement with VTN, Orange County for an area -wide Motion x TOPICS plan, 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. Councilman Parsons and Councilman Kymla were Redistrict - tion x appointed to serve on an ad hoc Redistricting Com- ing yes x x x x x x x mittee, in accordance with Section 1005 of the New- Cmte port Beach City Charter. 7. A letter from the Newport Harbor Chamber of Com- "Hawaii merce regarding its "Hawaii Week" celebration Week" beginning May 24th and requesting permission to place posters in various parts of the City, as well as two or three overhead street banners, in various area was presented with a report from the Zoning Adminis- trator. Jack Barnett, Executive Manager of the Newport Harbor Chamber of Commerce, spoke from the audience and stated they were requesting two over- head banners. Motion x The use of two overhead banners in connection with Ayes x x x x x x "Hawaii Week" was approved. Noes x It was the consensus of the Council that the staff and City Attorney should work with the Chamber of Com- Volume 25 - Page 128 COUNCILMEN o r � �4G ;aLL CALL CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES INDEX • Volume 25 - Page 129 merce regarding posters, as the mobile posters as • r requested are prohibited by the Municipal Code. 8. The resignation of City Attorney Tully Seymour,_ C City Atty lotion x x e effective June 1, 1971, was accepted with regret after ,yes x x x x x x x x x x x x x x t the Council commended Mr. Seymour for his high quality of work. CONSENT CALENDAR: Action x x T The following items were approved by one motion af- lyes x x x x x x x x x x x x x x f firming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letters favoring Police helicopters from Mr, . and P Police Mrs. Robert Skinner, Emelia Marie Kimball, Mrs. E H Helicopters Morgan Stanley, O. S. Weide, Irvine Terrace Home- owners Association, Mrs. Dorothy Blanchard, Eliza- beth Bret, Sue Patterson, F. C. Wood, Jr., Mrs. Phil Oren and George Colouris. Letters opposing Police helicopters from Michael Van P Police Horn, Donald W. Hayton, Patrick O'Connor,. Mr- and H Helicopters • M Mrs. Walter V. Racker, Jr., Richard G. Braley, Mr. and Mrs. Etienne Cowper, Diana W. Adams and John O'Flynn. Letters from Chief Glavas in reply to Mr. and Mrs. P Police Walter V. Racker, Jr. and Mr. and Mrs. Etienne H Helicopters Cowper opposing Police helicopters, and to Mrs. Dorothy Blanchard, F. C. Wood, Jr., Mrs. Phil Oren, George Colouris, Irvine Terrace Homeowners' Association, Mr. and Mrs. Robert Skinner and Mrs. E. Morgan Stanley supporting Police helicopters. Letter from Eileen Andjulis opposing a proposed. street parking fee. Notice from Local Agency Formation Commission of hearing held May 12 in connection with proposed Annexation No. 29 to the Costa Mesa County Water District, located southwesterly of the intersection of Palisades Road and Santa Ana Avenue. Notices from Local Agency Formation Commission of hearings to be held May 26, 1971 regarding the following: Proposed ''Marine Corps Air Station, Santa COUNCILMEN 'A � t P 5 n o A i` � OC }f 9Q A ROLL CALL d $� CITY OF NEWPORT BEACH NXIM)rML6101 MINUTES INDEX ss es Ana" Annex to the City of Santa Ana; and Proposed U. S. Marine Corps - Irvine Annexation No. 71 to the • City of Tustin. Resolutions from the cities of Santa Barbara and Monterey Park opposing Senate Bill 333 (removing policemen: and firemen from the provisions of the Meyers -Milias -Brown Act). Second Legislative Digest of Senate and Assembly Bills affecting cities. Notice from Greyhound Lines -West of their applicatio before the Public Utilities Commission to increase its passenger and package express charges. Copy of letter from Grassroots Again inviting City to meet with other persons active in ecology organization. Invitation from Orange County Council of Women in Chambers of Commerce to participate in a community "Salute to Youth in Volunteer Service" to be held Wednesday, May 19, 1971. Agenda of Board of Supervisors meetings held April 28, 29, May 4, 5, 11 and 12, 1971. • Letter from California Water Resources Association enclosing an article about Chinese peasants who had built an aqueduct virtually with their bare hands, and mentioning the possibility that areas of Southern California may experience a water shortage due to earthquake damage. Letter from California Water Resources Association urging opposition to Senate Bill 107, which would fence off from development, through the device of giving "wild river" status to three North Coast river basins, approximately 42% of California's water supply. Notice from League of California Cities regarding League Revenue Program. Annual Project Review. 2. The following communications were referred as indicated: Referred to staff for reply, letters protesting the Busine business license fees from Leslie L. Surber, Presi- LicenE • Volume 25 - Page 130 ss es COUNCILMEN ROLL CALL yN9 p 1 BZ 09 O� 0 0 N( 9 AN Q Z CITY OF NEWPORT BEACH IXIFTMIrm 7kal MINUTES imnFv dent, Associated Plumbing Contractors of Orange . County, Inc. and from BMC Landscape, Inc. Referred to staff for appropriate action, letter from State Hwi State Division of Highways enclosing copy of Cali- Traffic fornia Administrative Code, Title 4, calling attention Signs to Subchapter 4 which authorizes the placement of certain types of directional signs off the right of way but visible from Federal -aid Primary or Interstate highways and inviting questions in connection with the Code. Referred to Environmental Quality Control Committee letter from Automobile- Aerospace- Agricultural Implement Workers of America (UAW), Chrysler Local 230 enclosing a resolution adopted by their union urging the purchase of American made products and asking that Council adopt and support the reso- lution. Referred to Environmental Quality Control Committee letter from City of Seal Beach enclosing its resolution supporting AB 660 designed to preserve the California mountain lion and stating that any support would be appreciated. . Referred to Pending Legislation Committee, letter Revenue from Californians for Revenue Sharing enclosing a Sharing suggested resolution and urging that Council petition its Congressional representatives to support the concept of revenue - sharing and to be informed of the action taken. Referred to Pending Legislation Committee, resolution Election of the City of Monterey Park supporting an amendment Code to the Elections Code to enable the saving of unneces- sary election expense by eliminating the requirement for unnecessary precinct officers. Referred to staff for appropriate action, resolution of Food the Board of Supervisors which contains a request Vending that cities adopt the County's fee schedule for food Permit vending permits, and subsequent letter from the Fees County Health Department asking that the City take no action on the resolution until the Health Department has an opportunity to study it and to contact cities to discuss possible future courses of action relating to food vending permit fees. Volume 25 - Page 131 COUNCILMEN 3s- Pyoo�o :OLL CALL N CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES a, i.T Referred to staff for appropriate action, notices from Annex 76 Local Agency Formation Commission of hearing on May 26 regarding proposed annexation to the City of Newport Beach designated Harbor View Hills Annex- ation - Phase V and asking for the report from the City no later than May 14. Referred to staff for study and recommendations, Balboa letter from Westover & Currey, attorneys repre- Yacht senting Hugh Haley and Margaret Meisinger, sub- Basin lessees of the Balboa Yacht Basin regarding assign- ment of the lease on the property. Referred to staff for study and report, letter from Winton Ashton regarding his request for removal of boats on the Fernando Street beach on the Balboa Peninsula. Referred to staff for reply, letter from Arthur Powell protesting a water turn -on fee which he was assessed. Referred to Downcoast Development Committee, letter Downcoast from Wm. W. Leak, representing the organization Dev Village Laguna, regarding coastal plans of The Irvine Company and urging preservation of the coast. • 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7420 authorizing purchase of certain Purchasing items to be made for the City of Newport Beach by R-7420 the Purchasing Agent of the County of Orange. . Resolution No. 7421 authorizing execution. of an agree Resub 297 ment with The Irvine Company, subdivider, for the R -7421 construction of improvements in Resubdivision No. 297. (A report from the Public Works Director was presented.) Resolution No. 7422 authorizing execution of an agree Resub 289 ment with The Irvine Company, subdivider, for the R -7422 construction of improvements in Resubdivision. No. 289. Resolution No. 7423 ascertaining the general pre- Pub Wks vailing rate of per diem wages to be paid upon public Wage works projects. (A report from the Public Works Scales Director was presented.) R -7423 Volume 25 - Page 132 COUNCILMEN 3 ''rte 9° Z C) O 'a y 3 c 9 -A. J,C9 ��iP Z C (Ny ROLL CALL w CITY OF NEWPORT BEACH Mav 17. 1971 MINUTES Resolution No. 7424 supporting Senate Bills 1326 and Oil • 1327 relating to termination of unproductive oil wells. R -' Resolution No. 7425 authorizing the execution of a Sta revised agreement between the City of Newport Beach Ma and the State of California Division of Highways for na maintenance of State highways in the City. (A report R -' from the Acting City Manager was presented.) Resolution No. 7426 awarding a contract for Jamboree Jar Road Median Island Irrigation System (C -1344) to Rd P. B. M. Irrigation Contractors of Long Beach, Cali- Irr forma in the amount of $6, 816. 00. (A report from R -' the Public Works Director was presented.) Resolution No. 7427 authorizing the execution of a Jar contract for Jamboree Road Median Island Paving Rd (C -1345) to Concrete Textures of South Laguna, Pa, California in the amount of $6, 878. 05. (A report R -' from the Public Works Director was presented. ) Resolution No. 7428 awarding a contract for Lighting Lai at Las Arenas Tennis Courts (C -1340) to Adermatt Tea Electric of Glendora, California in the amount of Col $7,138. 00. (A report from the Public Works Director Lig • was presented. ) R -' Resolution No. 7429 limiting the parking of vehicles Paj on a portion of Michael Place. (A report from the Pr( Public Works Director was presented.) ti R-' Resolution No. 7430 permitting 2 -hour parking meter Pai operation in parking meter zone 2. (A report from Me the Public Works Director was presented.) Zol R_' 4. The following claims for damages were denied, and Cla the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Ken Shea for reimbursement of monies in She connection with a car owned by California Convales- cent Homes, Inc. which was allegedly caused to be towed away in error by the Newport Beach Police Department. Claim of Robert F. Madison for Keith R. Madison, a Ma minor, for personal injuries to Keith which allegedly occurred on April 7 when he stepped into freshly -laid, . hot tar on the City parking lot at the Newport Pier. Volume 25 - Page 133 COUNCILMEN CITY OF NEWPORT BEACH MINUTES 3.��+sooA :JLI CAI I w 14- 1 7 1 071 Claim of Luke Achay, presented by Farmers Insurance Achay • Group, for damage to Mr. Achay's car when he was involved in an accident with a City vehicle on April 1, 1971. Summons and Complaint for Personal Injury in Huntley Superior Court Case No. 182851 filed by Lucinda L. Huntley. 5. The Street Improvements on Harbor View Drive, Harb View, Goldenrod, Second and Marigold Avenues, Contract Goldenrod, 1246, was accepted; and the City Clerk was authorized Second & to file a Notice of Completion and to release the bonds Marigold 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.. 6. The Acting City Manager's authorization for General BI Annual Services Department assistance in Balboa Island Clean -up Improvement Association special refuse pick up on Campaign June 5 and 6 was confirmed. (A report from the Acting City Manager was presented. ) 7. The expense accounts of Councilman McInnis for attendance at a Freeway meeting in Sacramento on May 5, in the amount of $73. 50, and of Mayor Pro Tern Rogers for Freeway meetings in Sacramento on • April 2, 19 to 21 and May 5, 1971 in the amounts of $47.95, $127.45 and $65.75, were approved. 8. The following Budget Amendments were approved: BA -75, $300.00 transfer of Budget Appropriations for purchase prize for 3rd Annual Newport Beach City Arts Festival, approved by Council March 22, 1971, from Unappropriated Contingency Reserve to Special Departmental Expense, General Fund. (A - report from the Acting City Manager was presented. ) BA -76, $830.00 transfer of Budget Appropriations to purchase furniture for Community Development Department, from Unappropriated :Contingency Reserve to Community Development, Office Furniture, General Fund. (A report from the Acting City Manag- er was presented.) • Volume 25 - Page 134 COUNCILMEN �.� ?o mor y �nA A� ROLL CALL_ '^ otion Ayes Motion Ayes Motion Ayes • �J CITY OF NEWPORT BEACH MINUTES Mav 17. 1971 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: x 1. The staff was directed to forward to the Board of xxxxxxN Trustees, Orange Coast College, a copy of a letter addressed to Councilman Parsons from David A. Grant, Assistant Dean of Student Affairs, regarding the Newport Beach helicopters with the comment that the Council felt such a use of the College's letterhead stationary was highly improper. ADDITIONAL BUSINESS: x 1. A 17y% salary raise was approved for Acting City xxxxxxx Manager Philip Bettencourt, retroactive to the date of his assignment and during his tenure as Acting City Manager. x The meeting was adjourned at 11:58 P.M. xxxxxxx Mayor ATTEST _ / Ge�e2� City Cler Volume 25 - Page 135 I INDEX