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Home My WebLink About02/09/1970 - Regular MeetingCOUNCILMEN CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING ;v o Place: Council Chambers y�9spc Time: 7:30 P. M. ROLL CALL Z� °y9 << �9%�p Date: February 9, 1970 INC Present x x x x x x x Roll Call. • -' Mayor Marshall welcomed Corona del Mar High School students who were in the audience in preparation for Youth Civic Day. The reading of the Minutes of the Regular Meeting of Motion x January 26, 1970 was waived and said Minutes were Ayes x x x x x x x approved as written and ordered filed. PUBLIC HEARINGS: 1. Mayor Marshall opened the public hearing regarding Hoag F the appeal of Hoag Hospital appealing a condition Appeal imposed by the Planning Commission to Use Permit 1285 Amendment to allow public to use physician's • parking lot as a condition to adding 37 psychiatric beds to its proposed mental health unit. The appeal letter from Hoag Hospital was presented with a report from the Planning Director regarding the findings of the planning Commission. Planning Director Larry Wilson gave a staff report. William Hudson, Jr., Administrator of Hoag Hospital, % spoke from the audience. Motion x The decision of the Planning Commission was over- Aye s XXXXXXN ruled. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1328, being, • AN ORDINANCE OF THE CITY OF NEWPORT Tidelaj BEACH AMENDING SECTION 17. 33. 080, Use Fe ENTITLED "ADMINISTRATION ", OF CHAPTER 17.33 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO TIDELANDS USE FEES, was presented for second reading. Ordinance No. 1328 was adopted after the reading of Motion x the ordinance was waived by unanimous consent of Ayes x x x x x x x the Council. • Volume 24 - Page 22 EX i [osp Lds es COUNCILMEN ,ROLL CALL r 9 49 Motion Ayes otion es Motion Ayes Motion Ayes 1 CITY OF NEWPORT BEACH MINUTES February 9, 1970 INDEX ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1327, being, Telephonic Alarm AN ORDINANCE OF THE CITY OF NEWPORT System BEACH ADDING CHAPTER 5.48 ENTITLED "TELEPHONIC ALARM SYSTEM" TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, providing requirement of an annual permit and establishing annual fee of $15.00 to cover City's cost of providing special telephone lines, was presented. x Ordinance No. 1327 was introduced and passed to x x x x x x x second reading on February 24, 1970. Z. Proposed Ordinance No. 1329, being, AN ORDINANCE OF THE CITY OF NEWPORT Relocatable BEACH ADDING CHAPTER 15. 21 REGULATING Buildings THE ERECTION, USE AND OCCUPANCE OF RELOCATABLE BUILDINGS, was presented with a report from the City Attorney. x Ordinance No. 1329 was introduced and passed to xxxxxxx second reading on February 24, 1970. 3. Proposed Ordinance No. 1330, being, AN ORDINANCE OF THE CITY OF NEWPORT House BEACH AMENDING SECTIONS 15.20. 010 AND Moving 15.20. 080 OF CHAPTER 15.20 RELATING TO HOUSE MOVING, was presented. x Ordinance No. 1330 was introduced and passed to xxxxxxx second reading on February 24, 1970. CONSENT CALENDAR: x The following items were approved by one motion x x x x x x x affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Notice of organizational meeting held February 4 of Santa Aria the Orange County Tri- County Conservation League River Volume 24 - Page ,23 COUNCILMEN ROLL CALL • - • • • r� • CITY OF NEWPORT BEACH MINUTES Z� °Z94 i�9 February 9, 1970 regarding preservation and restoration of the Santa Ana River to its natural state for recreation use. Letter from Division of Highways notifying of acqui- sition of property at 191 Riverside Avenue, Newport Beach on a hardhip or right of way protection basis prior to a freeway agreement. Letter from Herbert E. Riley objecting to request. by City Police Department for a helicopter to assist in the patrol of our City on the basis of increasing noise level. Letter from R. L. Baker, Santa Ana, stating that Council consideration of further in -depth examination of the Upper Bay Land Exchange will be appreciated. Notices from Local Agency Formation Commission of hearings on February 11 regarding proposed annex- ations to Costa Mesa Sanitary District designated Engineer's No. 129, located between the San Diego Freeway and the Greenville- Banning Channel easterly of California Street, and Engineer's No. 130, located westerly of Harbor Blvd. between Coral and Mace Avenues. Copy of Order filed with Public Utilities Commission instituting investigation into Requirements for a General Order on Siting of New Electric Generating Plants and Certain Electric Transmission Facilities of all Electric Public Utilities in the State of Cali- fornia. Notice of Applications before the Public Utilities Commission of Southern California Gas Company and of Southern Counties Gas. Company of California to increase their gas rates. Notice of application before Public Utilities Com- mission to authorize merger of Southern California Gas Company and Southern Counties Gas Company. Minutes of meeting of Orange County Mosquito Abate- ment District. Agenda of the Board of Supervisors meetings of January 27, 28, February 3 and 4, 1970. Letter from Mr. and Mrs. Alan H. Tracy thanking Council for making Newport Beach a beautiful and progressive community and expressing opinions on the goals for the City. Volume 24 - Page 24 INDEX INDEX COUNCILMEN \\xS\N\fi6\0 ROLL CALLS • 11 • • 0 0 • n LJ CITY OF NEWPORT BEACH MINUTES 3 9 February 9, 1970 INDEX Notice of Public Utilities Commission hearing on PUC /Air February 10 in San Francisco to extend service to Cal Rate San Fiego and to increase passenger fares by Air Increase California. 2. The following communications were referred as indicated: Referred to staff for appropriate action, letter from Park Lido Park Lido Association enumerating existing problems, Assoc and asking help of City departments in alleviating the problems. Referred to Freeway Committee, letter from Harold Pac Coast and Elizabeth 1. Glass asking for reevaluation of the Fwy City's request for a rehearing to establish a new route for Pacific Coast Freeway, through a portion of Newport Heights. Referred to Pending Legislation Committee, letter Simul+ from City of Westminster enclosing copy of resolution taneous requesting the State Legislature to enact new /and or Elections modify existing legislation to enable all non - political districts that serve areas of each other, whether coinciding or not, to be able to hold simultaneous elections. Referred to Planning Commission, letter from Floyd and Iciphene Griewe regarding annoyance to his White tenants at 40021 Clubhouse Ave., Newport Beach Horse Inn caused by noise from White Horse Inn and opposing continuance of White Horse Inn's license to run a dance hall and extension of their entertainment license until 2 a. m. every night. Referred to staff, letter from State Department.of TOPICS Public Works advising df apportionment of $74, 006 to - City of Newport Beach representing the City's share ' in California's 1969 -76 fiscal year allocation of federal TOPICS funds and requesting City's answer by June 30 as to acceptance or rejection of apportion- meni. Referred to staff for reply, letter from Bruce B. Cats Larson (age 12) asking that all cats on cat rock be put in the pound and that the beach be opened to dogs on leashes. Referred to staff for reply, letter from Mr, and Mrs. Stop Sign/ Robert B. Galbraith asking that the stop sign be re- Irvine at instated on the corner of Irvine Avenue and Clay Clay Street. Volume 24 - Page 25 104 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ILL CALL ITRAI RVIk February 9, 1970 INDEX Referred to Pending Legislation Committee, letter Financial from Carmel City Attorney regarding a proposed Disclosure program of opposition to the Financial Disclosure Law Law. 3. The following resolutions were adopted afterAhe reading of the resolutions was waived by unanimous consent of the Council. Resolution No. 7129 authorizing execution of an agree- Population ment between the City of Newport Beach and the Estimate Department of Finance of the State of California relating to population estimates. R-71129. Resolution No. 7130 correcting certain clerical errors Annx 69 contained in Resolution No. 7112 relating to Annex - (Pac View) . ation No. 69 (Pacific View Memorial Park). - (A Attorney R report from the City was presented.) -7130 Resolution No. 7131 authorizing execution of an en- Martz croachment agreement between the City of Newport Agreement Beach and Patricia C. Martz. (A report from the City Attorney was presented.) R -7131 Resolution No. 7132 accepting a Grant Deed from Flint Deed /" Phyllis V. Flint, for Lot 4 and portion of Lot 3, 32nd St Block 131, Lake Tract, in connection with the 32nd Widening Street widening. (A report from the Public Works Director was presented.) R -7132 Resolution No, 7133 authorizing execution of an agree Irvine Agmt ment between the City and The Irvine Company, sub - Impr divider, for the future improvement of a portion of Avocado/ Avocado Avenue adjacent to Resubdivision 260, New- Resub 260 port Center Block 300. (A report from the Public Works Director was presented.) R -7133 Resolution No. 7134 authorizing execution of an agree -Irvine Agmt ment between the City and The Irvine Company in Tr 6927 connection with public sewer improvement, Tract No. 6927, guaranteeing completion, along Bayside Drive R -7134 at El Paseo Drive. (A report from the Public Works Director was presented.) Resolution No. 7135 urging the Orange County Board Santa Ana of Supervisors to support Project "Coast to Crest "" River Study (Santa Ana River Study), and approving in principle the concept of developing the Santa Ana River area R -7135 for recreational uses." (A rreport from the City Manager was presented. ). • Volume 24 - Page 26 COUNCILMEN \\J \, \9 \ \o9G ROLL CALL_ • • • CITY OF NEWPORT BEACH February 9, 1970 MINUTES 4. The City Clerk's referral of the following claims to the insurance carrier was confirmed: Claim of William Verdult, filed by attorney James W Thomason, alleging assault and battery and false imprisonment by the Newport Beach Police Depart- ment on January 9, 1970- Claim of William Raymond Holt, filed by Ward C. Mikkelson, alleging assault and battery, false im- prisonment and false arrest by the Newport Beach Police Department on October 16, 1969. Claim of William Rempel for damage to his property between November 1 and December 24, 1969, alleged caused by employees of a company under contract to the City, and in connection with construction of a marine sewer line across the east bay. 5. The resignation of John F. Dodge as a member of the City's Technical Oil Advisory Committee was accepte with regret and-with the Council's expression of ap- preciation and thanks, the Mayor was authorized to send a Certificate of Appreciation to Mr. Dodge and the resignation was referred to the Appointments Committee for recommendation for a replacement. 6. The work was accepted on Jamboree Road Median Water Services and Sprinkler Systems, Contract No. 1225, and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been filed. (A report from the Public Works Director was presented. 7. The Costa Mesa.Sanitary District Detachments Study was accepted, the staff was authorized to submit copies to the Costa Mesa.Sanitary District staff and to initiate preliminary negotiations with the Costa Mesa.Sanitary District. (A report from the Public Works Director was presented. ) 8. The work was accepted on Mariners Library Patio Enclosure, Contract No. 1202, the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after the Notice of Com- pletion has been filed, and a time extension of fifty - six days was authorized. (A report from the Public Works Director was - presented. ) 9. The plans and specifications for relocating a house located at 6511 Seashore Drive, Contract No. 1264, Volume 24 - Page 27 INDEX Clms for e rdult Holt Tech Oil Adv Cmte Jamb Rd Median CM San Dist Detachment Study Mariners Lib Patio Seashore Dr House Relocation COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL GAL r- eDruary y, iy 1 were approved and the City Clerk was authorized to advertise for bids to be opened at 10:30 A. M. on • March 3, 1970. (A report from the Public Works Director was presented.) 10. The request of George W. Clark to construct a curb Cu cut on 13th Street at 1249 W. Balboa Boulevard, was approved, subject to a five foot high fence and gate being maintained across the driveway; and such permit to be void upon application for a building permit to remodel, add to, or demolish the existing structure. (A report from the Public Works Director was presented. ) 11. The expense accounts of Mayor Marshall, Vice Mayor Ex Parsons and Councilman Gruber for attendance at Ac • State Highway Commission Meeting in Sacramento on January 20 and 21, 1970 and of City Manager Harvey Hurlburt for attendance at Governor's Conference on California Coastal Shoreline Preservation in Sacra- mento on January 28 and 29, and for attendance at League Environmental Quality Control Board Com- mittee meeting in Sacramento on January 7, 1970, were approved. • 12. The request of Columbia Pictures to land a helicopter in the park area south of 1414 Galaxy Drive, Newport He: Beach, on Monday, February 23, 1970 between the hours of 7:30 a. m. to 5:00 p.m., was approved, subject to any conditions that may be imposed by the City Manager. (A report from the License Super- visor to the City Manager was presented.) 13. The City Attorney's attendance at the Civil Aero- Pa nautics Board hearing on Pacific Northwest air routes Aix to be held February 11 in Washington, D. C. , was confirmed. (A report from the City Attorney was presented.) 14. The following business license was approved, subject Col to any conditions that may be imposed by the City Pic Manager: Application of Columbia Pictures to make movies in the City of Newport Beach in the vicinity of 1414 Galaxy Drive on February 23, 1970 from 7:30 a. m. to 5:00 P.M. Volume 24 Page - 28 INDEX rb Cut pense counts Licopte r c NW clines lumbia :tuxes COUNCILMEN ROLL CALL fP CITY OF NEWPORT BEACH February 9. 1970 MINUTES ach CAT V. ved: -iations s provide rt Beach tease No. 6511 3m State Drive, ;er re- Newpoit of an Ficker, ction with was adopt- Lived by vent to )oration 'ermit No. tmend- dated signals Option 3, for ort signals at Ln m to Company ewport Santa INDEX Npt Center Fire Station R -7136 Newporter Inn Npt Center Traffic Signals 15. The following business license was approve Application of Linda L. Adams, Newport B( Cablevision, for door to door soliciting for 16. The following Budget Amendment was apprc BA -44, $10, 000 increase in Budget Appropi and a decrease in Unappropriated Surplus t4 for settlement of litigation in case of Newpc vs Wallace, Orange County Superior Court 152669, for moving of house out of street at Seashore Drive and all associated costs, fr Gas Tax to House Relocation, 6511 Seashor State Gas Tax Fund. CONTINUED BUSINESS: • 1. A report was presented from the City Mana garding architectural services for proposed Center Fire Station,. Resolution No. 7136, authorizing execution agreement between the City and William P. A. I. A., for architectural services in conne Motion x the proposed Newport Center Fire Station, xxxxxxx ed after the reading of the resolution was w �es unanimous consent of the Council. 2. Resolution No. 7114, authorizing an amendt an agreement with the Newporter Hotel Cor in connection with the Newporter Inn, Use F Motion x 1355, was postponed until such time as the Ayes x x x x x xx ment is ready for Council action. 3. A report from the Public Works Departmen January 26 regarding Newport Center traffi was considered. Motion x Councilman Shelton made a motion to adopt which states that the City will be responsibl signals at all of the intersections with Newp Center Drive East and West, and all of the the intersections of Santa Cruz Drive and S, ,Joaquin Hills Road. Motion x Councilman McInnis made a substitute moti adopt Option 2, which states that The Irvine will be responsible only for the signals on Is Center Drive East and West at Santa Cruz, Rosa and Newport Center Drives. • Volume 24 - Page 29 MINUTES ach CAT V. ved: -iations s provide rt Beach tease No. 6511 3m State Drive, ;er re- Newpoit of an Ficker, ction with was adopt- Lived by vent to )oration 'ermit No. tmend- dated signals Option 3, for ort signals at Ln m to Company ewport Santa INDEX Npt Center Fire Station R -7136 Newporter Inn Npt Center Traffic Signals ROI L 4 4 4 4 COUNCILMEN \\0\0e, \10i CITY OF NEWPORT BEACH .L CALF_ I N\A%1' \PT-P\ February 9, 1970 Motion x Councilman Rogers made a substitute Option 1, which states that The Irvine ' be responsible for signals at all of the with Newport Center Drive East and V third of the signal at the intersection c Drive and San Joaquin Hills Road. Ayes x A vote was taken on Councilman Rogei x x x x x x motion, which motion failed to carry. Ayes x x A vote was taken on Councilman Mcln3 Noes x x x x motion, which motion failed to carry. Abstain x Ayes xxx x x A vote was taken on Councilman Shelt, Noes x Option 3 was adopted, providing for tl Abstain x responsible for signals at all of the in Newport Center Drive East and West, signals at the intersections of Santa C San Joaquin Hills Road. 4. A report was presented from the Corc Concession Ad Hoc Committee regard an agreement for the operation of cony Corona del Mar State and City Beach otion x Councilman Hirth made a motion to ac to prepare a ten -year agreement with for 'the operation of food and beach eq concessions at the Corona del Mar St: Beach Park and the City to construct in Public Service Area No. 2. Motion x Councilman Gruber made a substitute authorize the staff to prepare a ten-y( with Seakist Enterprises for the opera and beach equipment rental concessio. Corona del Mar State and City Beach build the concession in Public Service The following people spoke from the a Gordon Kilmer, Chad Campbell, Bob PR &R Director Cal Stewart, Bob Chi] Bernard, Roger Somers, Ian Tosh, J Ben Guild. Ayes x x A vote was taken on Councilman Grub Noes N x .: x x,x motion, which motion failed to carry. Ayes Nx xxx A vote was taken on Councilman Hirt which motion carried. joes bstain x ' Volume 24 - Page 30 MINUTES motion to adopt Company will intersections lest, and one- )f Santa Cruz •s' substitute ds' substitute >n's motion and Le City to be tersections with and all of the ruz Drive and ma del Mar ing awarding -essions at the Park. Lthorize the staff Gordon Kilmer Apment rental Lte and City :he new shell motion to ear agreement ition of food as at the Park and to Area No. 2. udience: McAllister, ds, Mr. ohn Drexler and er's substitute L's motion, INDEX CdM Beach Con-, cessions R COUNCILMEN CITY OF NEWPORT BEACH MINUTES OLL CAL 9 February 9, 1970 INDEX • RECESS for five minutes was declared. . The Council reconvened with all members present. Motion x The plans and specifications were approved for the con- CdM Ayes x x x x x x x struction of the concession building in Public Service Area Beach No. 2 in the Corona del Mar State and City Beach Park, Con - Contract No. 1268; the City Clerk was authorized to cessions advertise for bids to be opened at 9:00 a. m. on March 3, 1970; and the expenditure of $25, 000 was approved. 5. A report was presented from the Upper Newport Bay Lipper Land Exchange Committee. Npt Bay Land Resolution No. 7137, stating intention to initiate a Exchange comprehensive planning study of the development potential of the Upper Newport Bay and requesting R -7137 the cooperation of the County and The Irvine Company •otion x in the conduct of said study, as amended, was adopted Ayes xxxxxxx after the reading of the resolution was waived by unanimous consent of the Council. CURRENT BUSINESS: 1. A report was presented from the Traffic Engineer Parking recommending two hour parking time limit from • 8:00 a. m. to 6:00 p. m. , except Sundays and holidays, on easterly side of Riverside Avenue from first alley north of West Coast Highway to 65 feet north of Avon Street. Resolution No. 7138, limiting the parking of vehicles R -7138 on Riverside Avenue north of West Coast Highway, Motion x was adopted after the reading of the resolution was Ayes xxxxxxx waived by unanimous consent of the Council. • 2. A report was presented from the Traffic Engineer Parking recommending two hour parking time limit in area of Newport Harbor High School from 8:00 a. m. to 4:00 p.m. on school days. Resolution No. 7139, limiting the parking of vehicles R -7139 Motion x in area of Newport Harbor High School, was adopted Ayes xxxxxxx after the reading of the resolution was waived by unanimous consent of the Council. 3. A letter from Marvin Oberndorfer, 455 Catalina Obern- Drive, regarding the height offence surrounding his dorfer swimming pool was presented with a report from the Fence Planning Director, regarding the findings of the Modifications Committee. • Volume 24 - Page 31 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL \£^ \�� \� \�� \ = \9\ February 9, 1970 • Planning Director Larry Wilson gave a staff report. Mr. Oberndorfer spoke from the audience. laotion x The expiration of the appeal period was waived and Ayes xx x x x x x the right to appeal the matter to the Planning com- mission was extended to February 13, 1970. 4. A report was presented from the City Manager. re- C garding the selection of a consultant to conduct a c classification study of all classes in the City. S A contract for a classification study of all classes in Motion x the City was awarded to Price Warehouse & Co. in Ayes xxxxxxx the amount of $6, 000, to be completed by April 15, 1970; and the staff was authorized to prepare the appropriate contract and resolution for the meeting of February 24, 1970'. HARBOR PERMITS: 1. A report was presented from the Harbor and Tide- lands Administrator regarding Harbor Permit Application No. 134 -34 of Marshall Duffied to add an additional 8' x 30' slip to the existing slip float at 034 Linda Isle. notion X Harbor Permit Application No. 134 -34 was approved, es xxxxxxx subject to obtaining a harbor permit from Orange County. ADDITIONAL BUSINESS: Motion x 1. The City Manager was authorized to spend up to $350 J Ayes x x x x x x x from Activity 1400 (Non - departmental) M& O Object C No. 16 to participate in a joint study on future com- S puter needs, such study to involve City of Newport • Beach, the City of Costa Mesa and the Newport -Mesa Unified School District. Mayor Marshall stated that the regularly scheduled Study Session for February 16 would be held at 7:30 p. m. Motion x The meeting was adjourned�at 10:25 p.m. Ayes XXXXXNX yor ATTEST: • City Clerk • Volume 24 - Page 32 INDEX :las sifi- ation tudy oint ;ompute r Rudy