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HomeMy WebLinkAbout08/21/1972 - Adjourned Regular MeetingCOUNCILMEN \VC9 fL p 0 ?, n' ROLL CALL mpnZ'n f'yf pF 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 9n <,p0 n O o 1p �i '�� yyp0 �A O 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 .A�f� Q3 n OO m 1. t. 9 pm N f 9C pi^ 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 .� u a r v, 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 FO 3 n'`o, 22 O NA O CITY OF NEWPORT BEACH MINUTES ROLL CALL *� pN a �� p� August 21, 1972 INDEX 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 9� fL 90 col m N� 'fo30myy0 \ 0 ROLL CALL • 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 ZOGd O y� 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 \%\��ROLL OAI 1 pa -P 0140 rt^ 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 n'�Zp0 O ROLL CALL *� 9N N r 9C pig 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 fOi O�2Z0 N.1 O '*LL CALL r� AN N yt Am 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 \(., \tls'- \ \N.1 CITY OF NEWPORT BEACH ROLL CALL \r \� \rya \2 \f yf 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 iplo,\�4\-00. \09 _\Na CITY OF NEWPORT BEACH MINUTES � ROLL CALL II Z�G.y �n a < P < 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 3r Lit ies ;al Lop - zt ty col ig / ing ago ligne COUNCILMEN iplo,\�41\01i� n \013 \00.NA CITY OF NEWPORT BEACH MINUTES p s m ROLL CALL T� vN Z v � v 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 reenbelt mte