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Home My WebLink About10/12/1970 - Regular MeetingCOUNCILMEN RQLL CALL_ \ \ \ \ • Present LUX Motion Aye s • • Motion Ayes • Motion Ayes 0 n U CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: October 12, 1970 MINUTES INDEX x x x Roll Call. Mayor Hirth, on behalf of the Council, presented a Reso- lution of Commendation to James P. DeChaine for his dedicated service and outstanding accomplishments as Assistant City Manager for the City of Newport Beach and wished him success in his new position as the City Manage of Belmont, California. Mayor Hirth also gave him a five - year pin and a key to the City. The reading of the Minutes of the Regular Meeting of x September 28, 1970 was waived, and said Minutes were x x x approved as written and ordered filed. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1360, being, Water Rate s AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 14. 12. 080, ADDING SECTION 14. 12. 045 AND AMENDING SECTIONS 14.12. 010 AND 14.12. 090 OF THE NEWPORT BEACH MUNICIPAL CODE, TO PROVIDE FOR INCREASES IN WATER RATES AND CHARGES, was presented for second reading. Ordinance No. 1360 was adopted after the further x x x reading of the ordinance was waived by unanimous consent of the Council. 2. Ordinance No. 1361, being, Sound Amplifying AN ORDINANCE OF THE CITY OF NEWPORT Equipment BEACH AMENDING CHAPTER 10. 32 ENTITLED "SOUND AMPLIFYING EQUIPMENT" TO PROHIBIT SUCH EQUIPMENT ON PUBLIC BEACHES AND IN BALBOA PARK, AND TO PROVIDE CERTAIN EXCEPTIONS, was presented for second reading. Ordinance No. 1361 was adopted after the further x x x reading of the ordinance was waived by unanimous consent of the Council. Volume 24 - Page 258 COUNCILMEN ROLL CALL • Wotion Ayes E u • • F_ IL CITY OF NEWPORT BEACH October 12, 1970 CONSENT CALENDAR: The following items were approved by one motion af- firming the actions on the Consent Calendar: MINUTES 1. The following Advisory Communications were ordered filed: Letter from Jack Green, President, Orange County Division of League of California Cities, advising of the election of officers to be held at the meeting on October 8 and of his withdrawal from consideration for a second term. Copy of 1970 Orange County Grand Jury's Report on Illegal Motor Vehicle Noise. Letter from League of California Cities regarding Statewide General Election, Municipal Revenue Needs. Agenda of Orange County Board of Supervisors meetings held September 29, 30, October 6 and 7, 1970. Copy of letter from Thomas W. Soule, General Chairman, Liaison Committee on Zoning & Planning, to The Irvine Company requesting a meeting with Irvine Company planning representatives in regard to Centerview planning in connection with Harbor View Tracts. 2. The following communications were referred As indicated: Referred to staff for inclusion in study, letters from the following protesting the proposed gross receipts business license ordinance: Safeway Stores, Incorpo- rated; Market Basket; Lockhart's Mobil- Service; and a letter from Corona del Mar Chamber of Commerce enclosing their resolution which states that a business tax should not be determined on gross receipts or volume of business nor number of employees, but should be based on a flat fee. Referred to Pending Legislation Committee, Letter from the City of North Las Vegas enclosing a reso- lution in connection with the National League of Cities National Convention. Referred to staff for inclusion in current program, letter from President of Downey Savings offering to buy City owned Brookhurst /Adams property for Volume 24 - Page 259 INDEX Business License Tax Natl League of Cities Adams / Brook.- hurst City Owned Prop COUNCILMEN -A gl� �ms000 y�o na yi' ROLL CALL CITY OF NEWPORT BEACH October 12. 1970 MINUTES $325, 000 and stating offer automatically expires • unless accepted by City on or before October 26, 1970. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7292 requesting financial aid from the I County of Orange to pay for lifeguard service on City S beaches during 1970 -71 and authorizing the execution F of an agreement therefor. (A report from the City Manager was presented. ) Resolution No. 7293 authorizing execution of an agree -I ment with the Orange County Harbor District for the S provision of lifeguard service by the City during 1970- F • 71 for beaches in unincorporated territory. Resolution No. 7294 authorizing the execution of an I agreement between the City of Newport Beach and the E Newport Mesa Unified School District for library S services in the Eastbluff area. (A report from the F City Manager was presented.) Resolution No. 7295, being a Resolution of Intention 1v to approve an amendment to the contract between the S City Council and the Board of Administration of the F Public Employees' Retirement System to reclassify J permanent employees of the Marine Safety Department F excluding clerical, from the miscellaneous category to the safety category with one -half pay at age 55 benefits. (A report from the City Manager was pre- sented.) 4. The City Clerk's referral of the following claims to • the insurance carrier was confirmed: Summons and Complaint for Personal Injuries of C Marian Cooper in Superior Court Case No. 176295, and Summons and Complaint for Personal Injuries of Marian Cooper in Superior Court Case No. 177662. Claim of Deborah E. Cabrell for refund of a towing C charge incurred when her car was towed away on August 11, 1970 after she had been cited _by the New- port Beach Police Department. She was allegedly found not guilty of the violation on September 21, 1970. Claim of Jon S. Little, filed by his attorney William P. L Camusi, for personal injury which allegedly occurred • as a result of a swimming accident in Newport Beach on July 19, 1970. Volume 24 - Page 260 COUNCILMEN < o -A 3o ro�n� ROLL rAI y -' CITY OF NEWPORT BEACH October 12, 1970 MINUTES INDEX laim of Eleanor Brunk for personal injuries allegedl Brunk icurred when she slipped on a wet and muddy side - alk at 3670 Vista Del Oro, Newport Beach on ugust 8, 1970. he Public Works Department was authorized to Fernleaf sgotiate a contract change order for the extension Storm f the Storm Drain and Miscellaneous Improvements Drain ,ernleaf Storm Drain, Phase II), Contract No. 1287. i report from the Public Works Director was pre - anted.) he Table of Authorization was amended to change the Table of tle of one Assistant Planner position in the Planning Authori- epartment to Zoning Inspector at the same Salary zation ange (39. 5) effective October 6, 1970. (A report •om the City Manager was presented.) he transfer of $150 from Account No. 2003 to Police ccount No. 2017 to allow Police Chief Glavas' atten- Dept ince at the Annual League of Cities Conference in in Diego October 25 -28, 1970, was approved. he following Budget Amendments were approved: A -21, $540 transfer of Budget Appropriations for iscellaneous City Hall Improvements from Unappro- riated Contingency Reserve to City Hall Improve - Lents, General Fund. (A report from the City tanager was presented. ) A -22, $120. 00 transfer of Budget Appropriations to rovide for purchase of a 5- drawer legal file cabinet •om Unappropriated Contingency Reserve to Marina - ark, Office Equipment, General Fund. (A report -om the City Manager was presented. ) A -24, $50. 00 transfer of Budget Appropriations to rovide for City membership in the Orange County ifety Council from Unappropriated Contingency eserve to Personnel, Publications & Dues, General und. (A report from the City Manager was pre - anted.) A -25, $1, 000 transfer of Budget Appropriations to rovide for new construction of storm drainage .cility, Resubdivision No. 274, from Phase II - Fern of Drainage System to General Services - Field aintenance, Maintenance & Repair Materials, eneral Fund. Volume 24 - Page 261 • C il w A 5. T n 0 C (I s 6. T ti D R • f3 7. T A d S 8. T • B N P n N B P f3 P, f] B P S: R F s� B P R lE • N G MINUTES INDEX laim of Eleanor Brunk for personal injuries allegedl Brunk icurred when she slipped on a wet and muddy side - alk at 3670 Vista Del Oro, Newport Beach on ugust 8, 1970. he Public Works Department was authorized to Fernleaf sgotiate a contract change order for the extension Storm f the Storm Drain and Miscellaneous Improvements Drain ,ernleaf Storm Drain, Phase II), Contract No. 1287. i report from the Public Works Director was pre - anted.) he Table of Authorization was amended to change the Table of tle of one Assistant Planner position in the Planning Authori- epartment to Zoning Inspector at the same Salary zation ange (39. 5) effective October 6, 1970. (A report •om the City Manager was presented.) he transfer of $150 from Account No. 2003 to Police ccount No. 2017 to allow Police Chief Glavas' atten- Dept ince at the Annual League of Cities Conference in in Diego October 25 -28, 1970, was approved. he following Budget Amendments were approved: A -21, $540 transfer of Budget Appropriations for iscellaneous City Hall Improvements from Unappro- riated Contingency Reserve to City Hall Improve - Lents, General Fund. (A report from the City tanager was presented. ) A -22, $120. 00 transfer of Budget Appropriations to rovide for purchase of a 5- drawer legal file cabinet •om Unappropriated Contingency Reserve to Marina - ark, Office Equipment, General Fund. (A report -om the City Manager was presented. ) A -24, $50. 00 transfer of Budget Appropriations to rovide for City membership in the Orange County ifety Council from Unappropriated Contingency eserve to Personnel, Publications & Dues, General und. (A report from the City Manager was pre - anted.) A -25, $1, 000 transfer of Budget Appropriations to rovide for new construction of storm drainage .cility, Resubdivision No. 274, from Phase II - Fern of Drainage System to General Services - Field aintenance, Maintenance & Repair Materials, eneral Fund. Volume 24 - Page 261 COUNCILMEN CITY OF NEWPORT BEACH i % ROLL CALL N October 12. 1970 MINUTES INDEX le ag pte r lept/ ial lure .on ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. A discussion was had regarding a letter from Thomas Trian€ Rogers, owner of the Triangle Shopping Center on the Shoppi corner of Pacific Coast Highway and Balboa Boulevard, Centel regarding the severe traffic problem in that area, and Traffic stating that he wants to go on record as supporting the residents of West Newport Beach in their request for traffic control and to pledge his fullest cooperation in seeking a solution to the problem. Motion x Subject letter was referred to staff for study and Ayes x x x x x x x report back. 2. A resolution authorizing execution of an agreement witf Helico Tallmantz Aviation, Inc. for maintenance and inspec- Motion x tion services on City Police helicopters was diaried Ayes x x x x x x x to October 19, 1970. 3. A report from the City Manager regarding a special Bldg I study of the Building Department's financial procedure Finan< was presented. Proce Councilman Kymla made a motion to reject the pro- posal made by Binder, Mestyanek, Johnson. & Co., certified public accountants, and to direct the staff to come back with a more realistic approach regarding analysis of the Building Department, and that a maxi- mum limit of the fee be part of the proposal. Motion x Councilman Dostal made a substitute motion to approve Ayes x x x x x x x the following Budget Amendment, subject to the limitation that the maximum fee is not to exceed $1, 250: • BA -23, $1, 250 transfer of Budget Appropriations to BA -23 provide for special procedural study for Building Department from Unappropriated Contingency Reserve to Nondepartmental, Services- Professional, Technical, etc. , General Fund. 4. A letter from the Ecology Action Club of the Saddle- Water back High School regarding untreated sewage allegedly Pollut, Motion x being dumped into Newport Harbor was referred to the Ayes x x x x x x x staff for study and reply. It was agreed that the staff's reply should suggest that the Ecology club write to the Orange County Sanitation District and possibly make arrangements for a tour of its facilities. • Volume 24 - Page 262 le ag pte r lept/ ial lure .on COUNCILMEN � t P ti o o� 2 � C ��' YP ROLL CALL CITY OF NEWPORT BEACH October 12. 1970 MINUTES INDEX LTV 7296 ys' ab CONTINUED BUSINESS: • 1. A report was presented from the City Manager re- Cf garding requests of Newport Beach Cablevision, Inc. to increase its installation charge fee and for extension of its franchise for an additional 15 years. Assistant City Manager Jim DeChaine gave a staff report. Wayne Hauser, Vice President of Operations of Newport Beach Cablevision, Inc. spoke from the audience. Motion x Councilman Dostal made a motion to direct the staff Ayes xxxxxxx to negotiate with Newport Beach Cablevision and to prepare a draft of the franchise ordinance for the meeting of November 9. • Resolution No. 7296, declaring Council's intention to R- hold a public hearing to consider a proposal by the Newport Beach Cablevision Company, Inc. for an increase in the installation fees for cable antenna Motion x television service, was adopted after the further Ayes xxxxxxx reading of the resolution was waived by unanimous consent of the Council. 2. A letter from the Parks, Beaches and Recreation Bo Commission recommending Eastbluff Park as a New- Cli port Beach Boys' Club site was presented with a letter from William F. Emerick endorsing use of City -owne beach for the Boys' Club and a letter from John S. Negus suggesting a more central location than the Balboa Pier for the proposed Boys' Club in Newport Beach. Parks, Beaches and Recreation Director Cal Stewart . gave a report on the findings of the Parks, Beaches and Recreation Commission. The following people spoke from the audience opposing the Eastbluff Park location: Mike Marino, Mrs. Kahn, Max Racey. Willard Jordan, representing the Newport Harbor Boys' Club, requested approval of the Eastbluff Park site. Motion x Eastbluff Park was approved as the site for the pro - Ayes xxxxxxx posed Boys' Club in Newport Beach. RECESS was declared for ten minutes. The Council reconvened with all members present. Volume 24 - Page 263 INDEX LTV 7296 ys' ab COUNCILMEN -A O 'ice �� S C1T O 9 2N 9 C�Ny ` �� Z ROLL CALL CITY OF NEWPORT BEACH October 12. 1970 MINUTES INDEX V h ing Le Ave fic ts- ation :ens sory on is- ation Wayne Hauser, Vice President of Operations of Newport CAT Beach Cablevision, Inc. , with the Mayor and Council's permission, spoke from the audience and retracted state- ments he had made earlier in the evening in reference to defective cable. 3. A letter was presented from the Parks, Beaches and Bea( Recreation Commission regarding recommendations Clos for a uniform closing time for bay and ocean front beaches. The Parks, Beaches and Recreation Commission's recommendations were approved, and the City Motion x Attorney was directed to prepare an ordinance Ayes x x x x x x x amending the Municipal Code to establish a uniform closing time for bay and ocean front beaches as 12:00 • midnight, with the exception of the Corona del Mar State and City Beach Park and the beach known as Little Corona which would both have a curfew hour of 10:00 P.M. 4. An interim report was presented from the Public Irvin Works Department regarding traffic conditions on Trai Irvine Avenue between 22nd and University Streets. Traffic Engineer Bob Jaffe gave a brief staff report. No action was taken at this time. 5. A report was presented from the Public Works Traz Director regarding traffic study specifications. port Plan Traffic Engineer Bob Jaffe gave a brief staff report. Motion x The staff was requested to amend subject report and Citi: •Ayes x x x x x x x to add a Citizens Advisory Committee as one of the Advi sources under Phase I from which the consultant will Cmt gather available pertinent data, the staff was directed Traz to talk with some consultants and to get their feedback, port and to report back to Council; a Citizens Advisory Committee on the Newport Beach Traffic Study was established, said Committee to consist of seven members representing community associations (one name to be submitted by each Councilman from a community association within his district), one member from the Newport Harbor Chamber of Com- merce and one member from the Corona del Mar Chamber of Commerce, and two Council members to sit on the Committee as observers (to be appointed by the Mayor and approved by the Council); and the • • Volume 24 - Page 264 V h ing Le Ave fic ts- ation :ens sory on is- ation COUNCILMEN �`i� O �A 09 ROLL CALL N p ` °21P CITY OF NEWPORT BEACH October 12. 1970 MINUTES INDEX al Est Co Annex 70 6947 purpose of the Advisory Committee is to meet with • the consultants in each phase of the operation and also to submit data under Phase I. 6. A report was presented from the City Manager re- Re garding Council Policies on real estate commissions C and use of funds derived from sale of properties. Motion Policy Statement F -15 entitled" Sales of Surplus City Ayes x x x x x x Property'' was adopted. It was agreed that Policy Statement F -8 entitled "Capital Improvement Fund and Property Sale Revenues" would be studied at time of the Policy Manual review. • CURRENT BUSINESS: 1. A letter from The Irvine Company requesting annex- ation of Harbor View Hills, Phase III, to the City of Newport Beach, and a Consent to Annexation and Taxation of uninhabited territory being annexed to the City of Newport Beach (Harbor View Hills - Phase III), Annexation No. 70, was presented with a letter from the Planning Director to the Local Agency Formation Commission requesting authorization for the City to annex said property without notice and without hearing. Planning Director Larry Wilson gave a brief staff report. Motion x The matter was referred to the Planning Commission • Ayes x x x x x x x for further study. 2. A report from the Public Works Director regarding Tr modification of Condition of Appraisal in connection with Tentative Map of Tract 6947 was presented with a letter from Thomas D. Peckenpaugh, of the legal firm of Kalmbach, DeMarco, Knapp & Chillingworth, regarding Park Newport, Ltd. , Tract No. 6947, requesting modification of one of the conditions to approval of the tract map for the Park Newport apart- ment project. A modification to Condition No. 21 of Conditions of Approval of the tentative tract map of Tract No. 6947 Motion x was authorized, permitting occupancy of the Phase I Ayes x x x x x x x buildings prior to recordation of the final tract map • • Volume 24 - Page 265 INDEX al Est Co Annex 70 6947 COUNCILMEN 3 IL PO Z �? o r �2 qi CPj,O in? ROLL CALL d ��+� s < �4y CITY OF NEWPORT BEACH October 12. 1970 MINUTES INDEX 7297 :sub 274 7298 A Cente. .re ation and completion of the required public improvements; • and the following resolution was adopted after the further reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7297 authorizing execution of a R Subdivision Agreement guaranteeing completion of public improvements in conjunction with Tract No. 6947. 3. A report was presented from the Public Works Rf Director regarding Resubdivision No. 274, located at the corner of Ocean Boulevard and Carnation Avenue in Corona del Mar, Carl H. Quandt, subdivider. Motion x City participation was authorized in relocating and • Ayes x x x x x x x improving an existing storm drainage system required with Resubdivision No. 274 at an estimated cost of $1, 000; a curb cut permit was approved, subject to the condition that any new building construction on either parcel not exceed a maximum height of.3 feet above the average curb elevation; and the following resolution wasadopted after the further reading of the resolution was waived by unanimous consent of the Council: Resolution No. 7298 authorizing execution of R- Subdivision Agreement guaranteeing completion of public improvements in conjunction with Resub- division No. 274. 4. A report from the Public Works Director regarding NI the Newport Center Fire Station, Contract No. 1266, Fi was presented with a letter from William P. Ficker, St • Newport Center Fire Station architect, submitting recommendation for bid award. William. Ficker, architect, spoke from the audience and stated that J. Ray Construction Company had requested more time to complete the project and requested 270 days for completion instead of 200. Paul Ruffing, project architect for William P. Ficker, spoke from the audience regarding the contract ad- dendum which required completion in 200 days. James Ray, representing J. Ray Construction Com- pany, spoke from the audience and stated completion in 200 days was impossible for them. Motion x The matter was diaried to October 19, 1970. Ayes xxxxxxx Volume 24 - Page 266 INDEX 7297 :sub 274 7298 A Cente. .re ation ROLL CAL • 0 Motio, Ayes • Motio. Aye s • Motio. Ayes • • Motio: Ayes • COUNCILMEN CITY OF NEWPORT BEACH MINUTES October 12, 1970 INDEX 5. A report was presented from the Public Work regarding proposed Underground Utilities ground District No. 1. Utilities Dist No. A public hearing was set for 7:30 P. M. on November 9, 1970 to determine whether the public necessity, health, safety and welfare requires 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 designated as Underground Utilities District No. 1 (Ocean Boule- vard, Corona del Mar area) 6. A report was presented from the Harbor and Tidelands Beach Administrator regarding West Newport Beach erosion. Erosic Resolution No. 7299, urging immediate action -to accelerate beach erosion control measures and to restore the quality of sand on beaches in West New- port Beach, was adopted after the further reading of the resolution was waived by unanimous consent of the Council. 7. A letter from the Corona del Mar Chamber of Com- merce requesting permission to place a memorial to Braden Finch on the rocks in the water off Inspiration Point on the Corona del Mar State Beach; the memo- rial to be a bronze model of a seal created by Mrs. Finch, was presented. It was directed that said letter be referred to the Newport Beach City Arts Committee for approval of the model and also referred to the Parks, Beaches and Recreation Commission for determination of the proper location and placement of the memorial and to make the necessary arrangements for the presentation ceremonies. 8. A petition signed by twenty -one property owners and residents of Balboa Island regarding alley parking behind 328 Marine Avenue, Balboa Island, was pre- sented with a letter from Mrs. Mary Jane Carter addressed to the City Manager and to the City Council regarding alley parking on Balboa Island. Charles E. Juengst, representing the above petitioners spoke from the audience and requested that something be done regarding said alley parking. The matter was referred to staff for study and report. Volume 24 - Page 267 R -7299 Finch Memorial Parking/ BI COUNCILMEN 3 �� Po 5 c+A o r �'C9 ��iP 2 r' r Nod ROLL CALL CITY OF NEWPORT BEACH October 12, 1970 MINUTES INDEX HARBOR PERMITS: • 1. A report was presented from the Harbor and Tidelands Sanitation Administrator regarding Harbor Permit Application District No. 011 -058 of County Sanitation District #5 to con- No. 5 struct two 24" parallel sewer force mains across Upper Newport Bay. Motion x Harbor Permit Application No. 011 -058 was approved. Ayes xxxxxxx ADDITIONAL BUSINESS: 1. The design criteria for the City's Civic Center Civic facilities, consisting of building space and parking Center requirements for the design year of 1995, as submitt Space *Motion by theyncity staff in cooperation with the City's archi- Study x tect, Welton Becket and Associate's, was approved. Ayes xxxxxxx This design criteria is for the purpose of moving ahead with the preliminary plans, Phase 1. Mayor Hirth stated that due to the annual League of California Cities Conference being held October 25 -28, the regularly scheduled Council meeting of October 26 would • be held on October 19 at 7:30 P. M. , and the regularly scheduled Study Session will be held at 1:30 P. M. , October 19, 1970. Due to possible litigation, the Council adjourned at 11:40 P.M. to an Executive Session to discuss annexations. The Council reconvened with all members present at 12:50 A. M. •Motion x The meeting was adjourned at 12:50 A. M. to 7:30 P.M., Ayes xxxxxxx October 19, 1970. Mayor ATTEST: City C1 rk • • Volume 24 - Page 268