HomeMy WebLinkAbout08/21/1972 - Adjourned Regular MeetingCOUNCILMEN
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CITY OF NEWPORT BEACH
ADJOURNED REGULAR COUNCIL MEETING
Place: Council Chambers
Time: 7:30 P.M.
Date: August 21, 1972
MINUTES
INDEX
arding Dist Maps
15& 37
PORT
TENDING
'equest
Unclassi-
-N-H
portion
cth of
hopping
PORT
OF
)DE
'IONS
i zones
oad and
ive
ace;
Speed
Limits
resent
x
x
x
x
x
x
x
Roll Call.
HEARINGS:
1. Mayor McInnis opened the public hearing reg
Ordinance No. 1461, being,
AN ORDINANCE OF THE CITY OF NEW
BEACH REZONING PROPERTY AND AR
DISTRICT MAPS NOS. 15 AND 37,
Planning Commission Amendment No. 324, 3
of The Irvine Company for rezoning from an
fied District to an R -1 District and from a C
and R -3 District to an Unclassified District,
of Block 94, Irvine's Subdivision, located no
existing Bayside Drive and west of Bayside S
Center (Promontory Bay).
No one desired to be heard.
Motion
x
The hearing was closed.
yes
xxxxxxx
Motion
x
Ordinance No. 1461 was adopted.
Ayes
xxxxxxx
ORDINANCES FOR ADOPTION:
1. Ordinance No. 1460, being,
AN ORDINANCE OF THE CITY OF NEW
BEACH AMENDING SECTION 12.24. IOC
THE NEWPORT BEACH MUNICIPAL CC
TO ESTABLISH SPEED LIMIT ON PORT
OF NEWPORT HILLS DRIVE EAST AND
NEWPORT HILLS DRIVE WEST,
establishing twenty -five miles per hour spee
on Newport Hills Drive West between Ford R
Port Seaborne Way, and on Newport Hills Dr
East between Ford Road and Port Chelsea P1
amending Ordinance No. 1453.
Motion
x
Ordinance No. 1460 was adopted.
Ayes
xxxxxxx
•
Volume 26 - Page Z13
MINUTES
INDEX
arding Dist Maps
15& 37
PORT
TENDING
'equest
Unclassi-
-N-H
portion
cth of
hopping
PORT
OF
)DE
'IONS
i zones
oad and
ive
ace;
Speed
Limits
COUNCILMEN
9p '�Pp� nOp N
CITY OF NEWPORT BEACH
MINUTES
p 4i F Z O A O
ROLL CALL �� pa a �' 9t vm August 21, 1972
2. Ordinance No. 1463, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 14.12. 170,
14.12. 180 AND 14.12. 190 AND DELETING
SECTION 14.12.16o OF THE NEWPORT BEACH
MUNICIPAL CODE TO REFLECT THE REVISEI
WATER BILLING PROCEDURES,
providing for a due date and establishing turn -off
procedures.
Motion x Ordinance No. 1463 was adopted,
Ayes xxxxxxx
ORDINANCES FOR INTRODUCTION:
1. A proposed ordinance, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH REZONING PROPERTY AND AMENDIN(
DISTRICT MAP NO. 46,
Planning Commission Amendment No. 330, amendin€
from an R -4 -UL District to an R -3 District, located
on the westerly side of Superior Avenue, north of
Pacific Coast Highway (Newport Crest), was presente
with a report from the Community Development
Department.
Motion x Consideration of the ordinance was continued to
Ayes x x x x x x x September 25, 1972.
2. A proposed Ordinance, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ADDING SECTION 12. 66. 040 TO THE
NEWPORT BEACH MUNICIPAL CODE TO
PROVIDE FOR APPLICATION OF VEHICLE
CODE TO PRIVATE STREETS IN "NEWPORT
CREST" DEVELOPMENT,
was presented with a letter from Grant Company of
California requesting police enforcement of the
California Vehicle Code on the private streets in
Tract 7852 and a report from the Community Develol
ment Department.
tion x Consideration of the ordinance was continued to
yes x x x x x x x September 25, 1972.
Volume 26 - Page 214
INDEX
Water
Dist
Map 46
Private
Streets
INDEX
Water
Dist
Map 46
Private
Streets
COUNCILMEN
P� �� p0 q� \Or'ro'pir \0�0 �p ?i pROLL CALL *� 9a
CITY OF NEWPORT BEACH
Aueust 21. 1972
MINUTES
If1C V
•
3. Proposed Ordinance No. 1465, being,
Hearing
Procedure
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 20.46.050,
20.47.040, 20.48.040 AND 20. 54.030 OF THE
NEWPORT BEACH MUNICIPAL CODE TO
REVISE PUBLIC NOTIFICATION PROCEDURES
IN CONNECTION WITH PLANNING COMMISSION
AND CITY COUNCIL HEARINGS,
Planning Commission Amendment No. 331, initiated
by the City of Newport Beach, for Use Permit,
Amendments, Variances and Modifications, was
presented with a report from the Community Develop-
ment Department.
Motion
x
Ordinance No. 1465 was introduced and set for public
Ayes
x
x
x
x
x
x
x
hearing on September 25, 1972.
RECESS for five minutes was declared by Mayor McInnis,
and the Council adjourned to an Executive Session to
discuss pending litigation.
0
The Council reconvened with all members present.
CONTINUED BUSINESS:
1. A report was presented from the Parks, Beaches and
View
Recreation Commission recommending immediate
Park
acquisition of endangered potential park sites.
Sites
Letters urging that the church property on Balboa
Island be purchased for a park site were presented
from Kingsley Rogers and Dick Lockman.
Letters asking Council to acquire Cliff Drive lots for
a view site were presented from Caroline Dodds and
John Glithero.
A letter from the West Newport Beach Improvement
Association requesting investigation of a non - profit
corporation for acquisition and development of park
sites was presented.
The City Clerk announced that additional correspon-
dence urging the acquisition of the church property
on Balboa Island had been received from Mrs. Arthur
Jones, Mrs. Elizabeth Williams, John Swain, Jack R.
Patton, Carroll B. Beek, Mr. and Mrs. H. Dorkin
and Grace and Stan Peterson; and that additional
Volume 26 - Page 215
COUNCILMEN
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ROLL CALL T� Pa a f' yt �P
CITY OF NEWPORT BEACH
August 21. 1972
MINUTES
INDEX
•
correspondence urging the acquisition of the Cliff
Drive property had been received from Lena Musser,
Mrs. William R. Gold, Mr. and Mrs. Stephen Dingle,
Lois M. Gelker and Mr. and Mrs. William Sangster.
The following people spoke from the audience and
urged the Council to acquire view park sites,
including the church property on Balboa Island and
the Cliff Drive property, and /or urged the formation
of a non - profit corporation to finance the acquisition
of the park properties: John Swain, representing
Balboa Island residents and the Balboa Island Im-
provement Association; Valerie Murley, representing
the League of Women Voters of Orange Coast who pre-
sented a letter which she read in full; C. R. Smith;
Tom Houston; Paul Balalis, representing West New-
port Improvement Association; Hal Glass, President
of Newport Heights Association; Margot Skilling;
Kenneth Algon; Jane Stomp; Claudia Owen, Chairman
of the Parks, Beaches and Recreation Commission;
Sally Welsh; Ralph Whitford and Ginger Page, who
presented a petition bearing forty -five signatures of
Newport Heights residents.
Otion
x
Councilman Kymla made a motion to direct the staff
to immediately commence negotiations with the
Balboa Island church for the Balboa Island church
site and with the owners of the Cliff Drive church
site and with Carl Arthofer for the properties along
Cliff Drive; to direct the staff and the Parks, Beaches
and Recreation Commission to report on the feasi-
bility of the creation of a non - profit corporation for
the purposes of acquisition and development of such
park sites, with particular emphasis on freeway
properties that are now available from the State at
one -half price; and to direct the staff and the Parks,
Beaches and Recreation Commission to explore the
possibility of using the Building Excise Tax as that
portion of the revenues to retire the stock obligation
of the non - profit corporation.
Councilman Dostal requested that the motion be
modified to include all the undeveloped property on
the southerly side of Cliff Drive between El Modena
and Fullerton, which amendment was accepted by
Councilman Kymla.
cgs
xxxxxxx
A vote was taken on Councilman Kymla's motion, as
amended by Councilman Dostal, which motion.
carried.
Volume 26 - Page 216
COUNCILMEN
CITY OF NEWPORT BEACH
MINUTES
ROLL CALL *`y vN
w
9�'i^ August 21, 1972 INI
2. A letter from Coldwell, Banker and Company
Trani
requesting to be heard regarding the
Occul
penalty for late payment of the Uniform Transient
Tax
Occupancy Tax for the Harbor Inn Motel was presented
to the Council on July 10 and diaried to August 14 at
the request of the applicant.
The City Clerk announced that the applicant had
requested that the item be withdrawn from the agenda.
Motion
x
The applicant was allowed to withdraw his 'request.
Ayes
xxxxxxx
3. The audit of the Balboa Bay Club by Binder, Mest-
Balbc
yanek and Johnson, City contract auditor, was
Bay
considered.
Club
Motion
x
The report from the auditors regarding the Balboa
Ayes
x
x
x
x
x
x
x
Bay Club was received, and the staff was directed
to prepare a Memorandum of Understanding between
the City of Newport Beach and the Balboa Bay Club
covering the recommendations in the auditorks report
for Council consideration on September 11.
4. A report was presented from the Public Works
Resu
Director regarding a retaining wall in connection
314
with Resubdivision No. 314, Balboa Bay Club Develop-
ment Corporation, subdivider, located on the north-
erly side of West Coast Highway opposite the Sea
Scout Base.
Resolution No. 7775, authorizing the execution of a
R -77
license agreement between the City of Newport Beach
and the Balboa Bay Club Development Corporation
for the possible future construction of a retaining
wall on private property adjacent to the public right -
Motion
x
of -way, was adopted; and the City Clerk was directed
Ayes
x
x
x
x
x
x
x
to have the license agreement recorded with the
Orange County Recorder.
5. A report was presented from the Public Works
Stree
Director regarding the Costa Mesa Lighting District,
Light
the Orange County Street Lighting Maintenance
District No. 12 and financing street light maintenance.
Motion
x
The staff was directed to prepare a resolution with -
Ayes
xxxxxxx
drawing City of Newport Beach territory from the
Costa Mesa Lighting District and from the Orange
County Street Lighting Maintenance District No. 12
and transferring the streetlight maintenance costs
Volume 26 - Page 217
)EX
s ient
?ancy
)a
75
;ing
ROLL CAI
COUNCILMEN
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CITY OF NEWPORT BEACH
Auougt 2.1. 1972
MINUTES
INDEX
•
of these territories to the General Fund; and the staff
was directed to prepare a Policy Statement limiting
the use of leased street lights in the City.
6. A report was presented from the Parks, Beaches and
Bicycle
Recreation Commission regarding Senate Bill 147,
Study
proposed uniform licensing and identification system
of bicycles.
Motion
x
Support of Senate Bill 147 was withheld until such
Ayes
x
x
x
x
x
x
x
time as the agencies who would be involved in the
administration of the Act are satisfied with its con-
tents; and the staff was directed to come back with
a report on the current status on this type of legis-
lation.
7. A report was presented from the Community Develop-
General
ment Department regarding consultant services for
Plan
a feasibility study of a harbor in the area adjacent
to the Santa Ana River in connection with the Coastal
Element of the General Plan.
A letter from the West Newport Improvement Associ-
ation urging that subject study be made was presented.
John Shea, representing Newport Shores Community
Association, urged that a study be made -of the area.
Elaine Linhoff requested that the study include the
possible effect of a harbor entrance on the rest of
the beaches.
Resolution No. 7776, authorizing execution of an
R -7776
agreement between the City of Newport Beach, acting
as agent for the City of Costa Mesa, Beeco, Ltd. and
Keys Marina, Inc., with Moffatt & Nichol, Engineers,
for consultant services in connection with the Coastal
Motion
x
Element of the General Plan, in an amount not to
Ayes
x
x
x
x
x
x
x
exceed $12, 000, was adopted.
8. Resolution No. 7777, establishing procedural rules
Council
for the conduct of City Council meetings, was pre-
Procedure
sented, as amended,
Richard Newell, attorney, requested the matter be
postponed until after consideration of the Fun Zone
matter.
lion
x
Resolution No. 7777, establishing procedural rules
for the conduct of City Council meetings, effective
R -7777
Ayes
x
x
x
x
x
x
x
August 22, 1972, was adopted.
Volume 26 - Page 218
■ Til\ti7_Tw
COUNCILMEN CITY OF NEWPORT BEACH
P�'Ft,po 3 c+ C a
,F 3C Zpo N� o
:. �9 mrn Z.'n <9� 9m Anau at 21. 1Q79.
MINUTES
of the
stract
a con -
6, 1972,
s
opted:
of the
asoli-
;wport
esults
ition
ition
ition
,ard
is
1591
Le a
�e Use
bearing
repre-
xg the
o. 1591,
ney re-
u;d Sam
Associ-
pre-
INDEX
Special
Election/
Parks
R -7778
Fun
Zone
CURRENT BUSINESS:
1. A Certificate of Registrar of Voters to Resull
Canvass of the Primary Election Returns, ab
for the City of Newport Beach Special Electio
solidated with the Primary Election held June
was presented.
Motion
x
The Certificate of the Registrar of Voters wa
Ayes
x
x
x
x
x
x
x
received, and the following resolution was ad
Resolution No. 7778 declaring the result
canvass of election returns of Special Cc
dated Bond Election held in the City of N
Beach on June 6, 1972; and showing the 3
to be:
Measure "F" - $3, 560, 000 Bond Propos
Yes: 13155
No : 9396
Measure "G" - $2, 425, 000 Bond Propos
Yes: 12622
No
Measure "H" - $3, 000, 000 0 Bond Propos
Yes: 11877
No : 10496
TOTAL VOTES CAST: 23072
2. A Petition for Re- hearing from Attorney Riel
Newell requesting the Council to reconsider i
decision of July 24 approving Use Permit No,
(Fun Zone) and requesting the City not to issl
Building Permit pending reconsideration of tl
Permit was presented with a similar petition
879 signatures.
A letter from Attorney Thomas Peckinpaugh,
senting JAK Construction Company, requesti
Council to refuse to reconsider Use Permit I
was presented.
An opinion was presented from the City Attox
garding procedure for rehearings.
Letters from Mr. and Mrs. A. H. Lindsay ;
Miller, President of the Balboa Improvemeni
ation, approving the Council's decision were
sented.
Volume 26 - Page 219
MINUTES
of the
stract
a con -
6, 1972,
s
opted:
of the
asoli-
;wport
esults
ition
ition
ition
,ard
is
1591
Le a
�e Use
bearing
repre-
xg the
o. 1591,
ney re-
u;d Sam
Associ-
pre-
INDEX
Special
Election/
Parks
R -7778
Fun
Zone
COUNCILMEN
p� �4 p0 ?' p 00
ROLL CALL �V ;PpNZN CN9t .0
CITY OF NEWPORT BEACH
August 21. 1972
MINUTES
IIdDcy
A letter from Mrs. Kenneth Fetty disapproving the
Council's decision was presented. Additional letters
protesting the Council's decision were received from
Charlene Fannon and Mrs. Edward Kelly -
A letter from Hazel Jones urging denial of the request
for a rehearing was presented with a letter from
H. Rodger Howell, on behalf of the Santa Ana Valley
Irrigation Company, owners of the Fun Zone property,
urging the Council not to reconsider Use Permit 1591.
Attorney Newell spoke from the audience requesting
the Council to reconsider Use Permit No. 1591, and
presented additional petitions bearing twenty signa-
tures in favor of a rehearing.
City Attorney Dennis O'Neil read his opinion regarding
procedures for rehearings.
The following spoke in favor of a rehearing: Allan
Beek, Bruce Harrington and William Kennedy.
The following spoke against a rehearing: George
Perlin; John Konwiser, President of JAK Construc-
tion Co. ; Prentice Fish, representing Santa Ana
Valley Irrigation Company; Jack Wassall, representin
the Balboa Improvement Association; and John Wilson.
Motion
x
Councilman Croul made a motion to deny the request
for a rehearing on Use Permit 1591.
Motion
x
Councilman Ryckoff made a substitute motion to grant
the request for reconsideration and to set Use Permit
1591 for a rehearing on August 28.
The City Attorney stated that in his opinion such a
motion could not be made by one not voting on the
prevailing side at the hearing. The Council agreed
to let the motion stand.
Ayes
x
x
A vote was taken on Councilman Ryckoff's substitute
Noes
x
x
x
x
x
motion, which motion failed to carry.
Ayes
x
x
x
x
x
A vote was taken on Councilman Croul's motion,
Noes
x
x
which motion carried, and the request for recon-
sideration was denied.
•
3. A report was presented from the Community Develop-
ment Department regarding Subdivision Application
Resub
352/
No. 352, request of Donald E. Stevens to resubdivide
Cliff Dr
Volume 26 - Page 220
COUNCILMEN COPY OF NEWPORT BEACH MINUTES
\n,F�< 9n 01 N NA
7LL CALL +� 9m
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v August 21, 1972 INDEX
one parcel of land into four residential lots, located
on the southwesterly side of Cliff Drive, westerly of
Fullerton Avenue and easterly of E1 Modena Avenue
in Newport Heights, portion of Lot A, Tract 919,
zoned R -1, Carl Arthofer owner.
Motion
x
The matter was continued to September 25 to provide
Ayes
x
x
x
x
x
x
x
time to negotiate with the property owner for the
City's acquisition of the property for a view park site.
4. A report was presented from the Community Develop-
Tract
ment Department regarding the Final Map of Tract
7167
7167, request of George and William Hostein Co.,
Inc., to subdivide 7.022 acres into 40 residential lots
and one landscape lot, located at the northeast corner
of Eastbluff Drive and Vista Del Oro in "Northbluff, "
zoned R -3 -B.
Motion
x
The Final Map of Tract 7167 was approved, subject
Ayes
xxxxxxx
to the conditions recommended by the Planning Com-
mission; and Resolution No. 7779, authorizing
R -7779
execution of an agreement with George and William
•
Holstein Co., Inc., subdivider, for the construction
of improvements in Tract No. 7167, was adopted.
5. A report was presented from the Community Develop-
Off -site
ment Department regarding Use Permit Application
Parking/
1562, request of Jimmy G. Ratliff to amend the
Galley
conditions of approval and to permit off -site parking
in conjunction with "The Galley" restaurant, located
at 810 East Balboa Boulevard on the north side of
the boulevard between Main Street and "A" Street on
the Balboa Peninsula, zoned C -1.
Motion
x
The matter was diaried to August 28, 1972.
Ayes
xxxxxxx
6. A report was presented from the Community Develop-
Gen Plan
ment Department regarding consultant proposal of
Noise
Wyle Laboratories, in connection with the Noise
Element
Element of the General Plan and a comprehensive
City -wide noise ordinance.
Councilman Dostal made a motion to authorize the
execution of a consultant services agreement.
Motion
x
Councilman Ryckoff made a substitute motion to diary
?m
x
x
x
x
x
x
x
the matter to August 28, at which time a draft of the
City of Inglewood's noise element ordinance should be
presented for Council's consideration of a similar
ordinance, which motion carried.
Volume 26 - Page 221
COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
ROLL CALL *� pN
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7. A report was presented from the Public. Works
16th St
Director regarding the Minutes of the July 26, 1972
Reservo
meeting of the Council Water Committee in connection
with reactivation of the 16th Street reservoir.
Motion
x
The staff was directed to obtain an appraisal of the
Ayes
x
x
x
x
x
x
x
112 acre site adjoining the present 16th Street reser-
voir site, and installation of a 12 -inch water main
in Westminster and Hospital Road was approved.
S. A report was presented from the Public Works
Balboa
Director regarding Balboa Boulevard widening,
Blvd
acquisition of Kazor property at 202 43rd Street.
Widening
Motion
x
The purchase of subject parcel, at the appraised fair
Ayes
x
x
x
x
x
x
x
market value of $31, 500, was authorized; and Reso-
R -7780
lution No. 7780, accepting a Grant Deed from
Leonard C. Kazor in connection with the widening of
Balboa Boulevard, was adopted.
9. A letter was presented from the League of California
League
Cities regarding designation of voting representative
Calif
and alternate voting representative for the Annual
Cities
League Conference in Anaheim.
Motion
x
Mayor McInnis was appointed as the voting delegate
Ayes
x
x
x
x
x
x
x
for the 1972 League of California Cities Conference,
and Councilman Dostal was appointed as the alternate
voting delegate.
10. A report was presented from the City Manager re-
General
garding transfer of funds to enable purchase of diesel
Services
units and granting of holidays to Refuse Division.
The transfer of $4, 900 from Contingency Reserve to
the General Services Capital Outlay account to permit
the purchase of a diesel- powered catch basin cleaner
Motion
x
was approved, and it was directed that holiday pickup
Ayes
x
x
x
x
x
x
x
continue as usual.
11. A report was presented from the City Manager re-
Police
garding the proposed Police substation facility on
Substati
Jamboree Road.
A letter from the West Newport Beach Improvement
Association urging new adequate facilities for the
Police Department was presented.
A discussion was had regarding changes in the archi-
tectural and engineering agreement.
Volume 26 - Page 222
Lr
Dn
COUNCILMEN
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ROLL CALL
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Motion
Ayes
Noes
10
ion
yes
CITY OF NEWPORT BEACH
MINUTES
rw aN
a lir,
9r v0% August 21, 1972 INDE7
Mr. Thompson, representing Robinson - Thompson
Associates, stated he had no objections to the
suggested changes. John Weller spoke from the
audience opposing the cost of the facility.
The concept of a Police substation facility on Jam-
boree Road was supported in general, and one million
x
x
x
x
x
x
dollars was earmarked for it, the architectural and
x
engineering agreement was amended, and the
following resolutions were adopted:
Resolution No. 7781 authorizing execution of a
R -7781
letter agreement, as amended, between-the City
of Newport Beach and Robinson - Thompson Associ-
ates for architectural and engineering services
for Jamboree Road police facility.,
Resolution No. 7782 determining and declaring
R -7782
that the public interest, convenience and necessity
of the City of Newport Beach requires the acqui-
sition of certain real property to be used by said
City as the site for a police facility, and declaring
the intention of the City to acquire said property
under eminent domain proceedings, and directing
the City Attorney of said City to commence an
action in the Superior Court of the State of
California, for the County of Orange, for the
purpose of acquiring said real property- .
Resolution No. 7783 authorizing execution of an
R -7783
agreement between the City of Newport Beach
and The Irvine Company for the purchase and
sale under threat of eminent domain of Jamboree
Road police facility site, and authorizing recon-
veyance of the Civic Center site under terms of
agreement dated September 15, 1969.
12. A letter was presented from Binder, Mestyanek and
Auditor
Johnson stating they would be pleased to continue to
serve as auditors for the City of Newport Beach for
the fiscal year ending June 30, 1973 under the same
terms and conditions as they served for the fiscal
year ended June 30, 1972 except for an increase in
the audit fee from $5, 750 to $6, 000.
Resolution No. 7784, authorizing the execution of an
R -7784
agreement between the City of Newport Beach and
Binder, Mestyanek and Johnson,. Accountants Pro -
x
fessional Corporation, for auditing services, was
x
x
x
x
x
x
x
adopted.
Volume 26 - Page 223
C
COUNCILMEN
\,C �, \14� - I S"
CITY OF NEWPORT BEACH
MINUTES
p3 �
ROLL CALL *� ps
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v� August 21, 1972 INDEX
•
13. A letter was presented from the Parks, Beaches and
Park.Lani
Recreation Commission regarding policy statement
Acquisi-
of park land acquisition.
tion
Motion
x
Councilman Dostal made a motion to adopt the policy
statement on park land acquisition as recommended
by the Parks, Beaches and Recreation Commission.
Vice Mayor Rogers suggested that the words "when-
ever and wherever possible" be changed to "whenever
practicable, " which amendment was accepted. by
Councilman Dostal.
Ayes
x
x
x
x
x
x
x
A vote was taken on Councilman Dostal's amended
motion, and Council Policy Statement 1 -14, "Policy
Statement for Park Land Acquisiton, " was adopted,
as amended.
14. A report was presented from Dan Bertsch, Teri
Surfing
Bertsch and Brad Lewis regarding surfing regulations,
Hours
and setting forth results of a survey of West Newport
residents and submitting a petition bearing approxi-
mately 500 signatures calling for an end. to the early
morning restriction on surfing.
The City Clerk stated that a letter had been received
after the agenda was printed from Mr. and Mrs. Paul
Gibbs requesting longer swimming hours.
Mary Setterholm, Albert Jones and Scott Clucas
spoke from the audience and requested extended
surfing hours for a trial period.
Ralph Watson requested that no change be made in
the surfing hours.
Resolution No. 7785, amending Resolution No. 7106
R -7785
Motion
x
to allow earlier morning surfing in Surfing Area No. 1
Ayes
x
x
x
x
x
x
x
for a trial period, was adopted.
15. Councilman Dostal reported that the ad hoc Ambulance
Wind
Service Committee's study determined there was no
Ambulanc
need for an additional ambulance service in the City.
The application of Wind Ambulance, Inc. for a Certi-
Motion
x
ficate of Public Convenience and Necessity was
Ayes
xxxxxxx
denied.
Volume 26 - Page 224
e
COUNCILMEN
P
�F�PO\Ip \r-,ro a
ROLL CALL r� r 9 01
C ITY OF NEWPORT BEACH
August 21 1972
MINUTES
INDEX
CONSENT CALENDAR:
Motion
x
The following items were approved by one motion affirming
Ayes
x
x
x
x
x
x
x
the actions 'on the Consent Calendar:
1. The following Advisory Communications were ordered
filed:
Letters from the California Highway Commission and
Tract
the State Department of Public Works acknowledging
7852
receipt of Resolution No. 7730 regarding public street
crossing on the adopted Route 55 freeway.
Letter from League of California Cities acknowledging
Air
receipt of Resolution No. 7770 regarding air pollution
Pollution
control.
Letter from Air Resources Board acknowledging
Air
receipt of Resolution No. 7770 and assuring the City
Pollution
that the conditions in the first paragraph of the reso-
lution are, in the opinion of the Board, overstated.
Questions and answers on the "Watson Amendment"
from California Municipal Finance.
Resolution of the City of Brea expressing opposition
OrCo
to proposed airport in Chino Hills and urging an
Regional
areawide effort to eliminate any further consideration
Airport
of an airport in the area.
Resolution of the City of Costa Mesa urging the Board
Regional
of Supervisors to name the park site to be opened in
Parks
the Fullerton Dam area the "Ted Craig Regional
Park ".
Resolution of the Board of Supervisors stating its
Transport
intention to create a County -wide Transportation Study
Stdy Cmte
Committee and directing the County Administrative
Officer to consider the creation of said committee
and report to the Board on the proposed membership
on August 8, 1972.
Excerpts from Minutes of Board of Supervisors
Beach
meeting of July 18 indicating approval of the reim-
Erosion
bursement agreement between County and City of
Newport Beach regarding Stages 4B and 5 of the
Federal Beach Erosion Control Project-
Notice of oral agreement in connection with two
applications of the Pacific Telephone and Telegraph
Company before the Public Utilities Commission.
Volume 26 - Page 225
COUNCILMEN
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CITY OF NEWPORT BEACH
Atnou st 21_ 1972
MINUTES
INDEX
Agenda of the Board of Supervisors Meetings of
July 25, 26, August 1, 2, 8 and 9, 1972.
Copy of letter from State Department of Public Works
to Orange County Board of Supervisors regarding FAU
(Federal Aid Urban System) funds.
Greenbelt Progress Report for July, 1972.
Greenbelt
2. The following communications were referred as
indicated:
Referred to staff for reply, letter from Van S.
Beach
Pomeroy regarding the erosion problem at the street
Erosion
end of 35th and Finley.
Referred to staff for reply, letter from Horace Reed
Animals
regarding dogs on the beaches.
on Beaches
Referred to staff for reply, letter from R. E. Reaves
Tennis
requesting that funds be appropriated to improve the
Courts
Corona del Mar High School tennis court facilities
•
with lights for night tennis.
`r
Referred to staff for reply, letter from Sheree Lynn
Downcoast
asking for information regarding the development of
Dev
the land between Corona del Mar and Laguna Beach.
Referred to staff for reply, letter from Jean Clark
Downcoast
asking for information regarding the construction
Dev
along the coast between Laguna and Newport Beach
and the Back Bay land.
Referred to Planning Commission, letter from Robert
Balboa
T. Lewis, Ph. D., expressing approval of the pro-
Island
posed construction on the property at 114 Agate,
Balboa Island.
Referred to Pending Legislation Committee, reso-
Traffic
lution of the City of Costa Mesa urging adoption of
Assembly Bill 702, authorizing appointment of Traffic
Trial Commissioners.
Referred to Pending Legislation Committee, reso-
Criminal
lution of City of Costa Mesa urging adoption oflegis-
Justice
lation to implement certain recommendations of the
System
Special Committee on Criminal Justice of the State
•
Bar of California.
Referred to Pending Legislation Committee, reso-
Criminal
lution of the City of Costa Mesa urging adoption of
Justice
System
Volume 26 - Page 226
COUNCILMEN
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CITY OF NEWPORT BEACH
Au ust 21 1972
MINUTES
INDEX
legislation to implement certain recommendations of
the California State Select Committee on Trial Court
Delay.
3. The following resolutions were adopted:
Resolution No. 7786 promoting the well -being of the
Handi-
handicapped,
capped
Workers
R -7786
Resolution No. 7787 requesting financial aid from the
Lifeguard
County of Orange to pay for lifeguard service on City
Services
beaches, and authorizing the execution of an agree-
R -7787
ment therefor. (A report from the City Manager was
presented.)
Resolution No. 7788 declaring intention to support and
Co Clean -
participate in a coordinated County clean -up program
Up Prog
during May, 1973.
R -7788
Resolution No. 7789 amending Resolution No. 7522 to
One -way
rescind one -way traffic regulation on Island Avenue
from Balboa Boulevard to Bay Avenue. (A report
Street/
Island Av
from the Public Works Department was presented.)
R -7789
4. The following claims for damages were denied and the
Claims
City Clerk's referral of the claims to the insurance
carrier was confirmed:
Claim of Pat Camplin for refund of towing charges
Camplin
incurred when the Newport Beach Police Department
caused her car to be towed away on July 24, 1972
when the car had allegedly been parked in an inter-
section.
Claim of Shirley A. Griego filed by Insurance Com-
Griego
pany of North America for damage to Ms. Griego's
(Mont -
vehicle when she was involved in a collision with a
gomery)
City vehicle on Superior Avenue on June 9, 1972.
Claim of Helen Ann Veneman for refund of impound
Veneman
and storage charges incurred when her car was
ordered impounded by the Newport Beach Police
Department, allegedly in error.
Claim of John Patrick Carey for damage to a tire on
Carey
his car when leaving a City parking lot, allegedly
due to City negligence.
Volume 26 - Page 227
COUNCILMEN
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CITY OF NEWPORT BEACH
August 21, 1972
MINUTES
INDEX
Claim of James H. Pasternak for damage to his
Pasternak
automobile on June 16, 1972, allegedly caused when
a baseball which had been struck from the adjoining
park hit his car which was parked in the rear of the
Mariners Fire Station while he was on duty.
Summons and Complaint of Virginia Guerrero for
Guerrero
Failure to Maintain Sidewalk, Case No. 15836 in
Municipal Court for the County of Orange.
Summons and Complaint of Betsy I. Broyles for
Broyles
personal injuries and damages, Case No. 170783 in
Orange County Superior Court.
5. The following requests to fill personnel vacancies.were
approved: (A report from the City Manager was
presented.)
One Laborer in the General Services Department to
fill a position now vacant.
One Equipment Mechanic II in the General Services
Department to fill a position now vacant.
One Building Maintenance Man I in the General Ser-
vices Department to fill a position now vacant.
One Police Clerk I in the Police Department to fill a
position now vacant.
One Police Officer in the Police Department to fill a
position now vacant.
One Secretary in the Library to fill a position to be
vacant.
6. A report from the Parks, Beaches and Recreation
PB &R
Commission announcing the following officers were
Cmsn
elected to serve for the fiscal year 1972 -73: Mrs.
Claudia Owen, Chairman and Rolly H. Pulaski, Vice -
Chairman, was received and ordered filed.
7. The following matters were set for public hearing on
August 28, 1972:
Use Permit Application No. 1612, request of Donald
Use
E. Hue ner to construct a duplex in a C -1 District
Permit
with a zero side yard setback for a substandard ga-
1612
rage, located at 812 East Ocean Front, between Main
Street and "A" Street in Central Balboa, zoned C -1.
(A report from the Community Development Depart-
ment was presented.)
Volume 26 - Page 228
COUNCILMEN
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CITY OF NEWPORT BEACH
ROLL CALL \r \� \rya \2
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p�^ August 21, 1972
Bicycle Trails Master Plan. (Report fx
Beaches and Recreation Commission wa
8. The expenditure of $300 was approved fi
of two storage cabinets to house comput
punch card program decks, documentaC
and miscellaneous supplies at the City c
Data Processing Center. (A report froi
Manager was presented.)
9. The following Budget Amendments were
BA -3, $90, 000 increase in Budget Appr
a decrease in Unappropriated Surplus f:
priated Surplus, Water, to Construct W
Hospital Road - Westminster Avenue, Ge
BA -4, $750 increase in Budget Appropr
decrease in Unappropriated Surplus for
a 12 acre site adjoining the present 16th
reservoir site, to be used for possible 4
of future water storage facilities for We
from Unappropriated Surplus, Water to
•
Services - Prof., Tech., etc., General:
ITEMS REMOVED FROM THE CONSENT CE
1. Letters from the Local Agency Formati
were presented, regarding hearing on A
connection with proposed annexation to 1
Ranch Water District designated Annexe
located between the southerly boundary.
Newport Beach and the boundary of the
County Water District and between the e
boundary of the Irvine Ranch Water Diet
Pacific Ocean.
Councilman Kymla stepped down from the C(
due to a conflict in interest.
Motion
x
Councilman Ryckoff made a motion for 1
Ayes
x
take no position relative to the Local Ap
Noes
x
x
x
x
x
tion Commission hearing on subject ann
Absent
x
motion failed to carry.
Motion
x
Subject letter was ordered filed.
es
xxxxx
es
x
sent
x
Volume 26 - Page 229
MINUTES
INDEX
om the Parks, Master
s presented.) Plan
or the purchas
er disc packs,
on records,
f Costa Mesa
n the City
approved:
Dpriations and
om Unappro-
iter Main -
zeral Fund.
iation and
appraisal of
Street
=Lstruction
st Newport
Water,
end»
.LENDAR:
3n Commissi<
ugust 23 in
he Irvine
tion No. 16,
3f the City of
Laguna Beach
outhwesterly
rict and the
ouncil tattle
he City to
ency Forman
axation, which
Date
Process=
ing
Cabinet
Irvine
Water
District
Annex 16
COUNCILMEN
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CITY OF NEWPORT BEACH MINUTES
�
ROLL CALL II
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August 21, 1972 IN[
•
Councilman Kymla returned to the Council table.
Motion
x
Z. It was directed that a report from the City Manager
Harbi
Ayes
x
x
x
x
x
x
x
regarding an amendment to Council Policy Statement
Perrr
H -4 -1, Harbor Permit Policies, providing that
Polic
permittee keeps the area delineated on the harbor
permit free and clear of litter, and certain- other
amendments to Harbor Permit Policies reflecting
recent organizational changes, be brought back to
Council at the Study Session of August 28.
3. A letter from the State Department of General Ser=
Coast
vices was presented, outlining the basis for their
Deve]
decision for not acquiring the entire parcel from the
mei
Capistrano Beach Investment Company for an addition
to the Doheny Beach State Park.
Motion
x
It was directed that a letter be sent to the State
Ayes
x
x
x
x
x
x
x
Department of General Services and to the appropriate
State Legislators expressing the City's concern
regarding their decision not to acquire the entire
Capistrano Beach parcel for Doheny Beach State Park
expansion, and to coordinate the City's efforts with
the County through Supervisor Casper's office.
4. A resolution of the Board of Supervisors was pre-
Wate .
stinted, requesting re- evaluation of State Water
Quali
Resources Control Board standards and requesting a
Conti
new hearing date.
Motion
x
The staff was directed to prepare a similar resolution.
Ayes
x
xxxxx
Abstain
x
5. A letter from West Newport Beach Improvement
Zoni:
Association was presented, regarding violations of
Park•,
existing parking, building and zoning laws and ordi-
Rego
nances and asking for stricter enforcement.
Motion
x
The staff was directed to investigate and report back
Ayes
xxxxxxx
to Council at the Study Session on August 28.
ADDITIONAL BUSINESS:
Motion
x
1. The staff was directed to look into the matter of the
Santt
Ayes
xxxxxxx
removal of traffic signs on Santiago and to report
Trf 5
back at the Study Session on August 28.
®
Volume 26 - Page 230 .
)EX
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COUNCILMEN
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CITY OF NEWPORT BEACH
MINUTES
p s m
ROLL CALL T� vN
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a � 1
0 August 21, 1972
Motion
x
2. Planning Commissioner Jackie Heather was appointed
C
Ayes
x
x
x
x
x
x
x
as an alternate representative to the Santa Ana River-
C
Santiago Creek Greenbelt Plan Organization Com-
mittee.
Motion
x
The meeting was adjourned at 12:30 a.m.
Ayes
xxxxxxx
Mayor
ATTEST:
i
City Uerk
•
•
Volume 26 - Page 2.31
INDEX
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