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HomeMy WebLinkAbout10/13/1981 - Regular MeetingC UNCIL ME B RS yS' s?y'o ROLL CALM J JIL REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: October 13, 1981 MINUTES JUPW4 Present x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes of the Adjourned 3:00 Ayes p.m., and Regular Meeting of September 28, 1981, �1 was waived; the Minutes of the Regular Meeting were approved as written, and ordered filed. The Minutes of the Adjourned 3:00 p.m. Meeting were ordered filed and approved as corrected: Volume 35 - Page 300, General Plan /Housing Element -the vote, regarding "The motion on the floor, as amended, was voted on, and FAILED," should read as follows: Ayes: Hummel, Hart and Strauss Noes: Cox, Heather, Maurer and Plummer At this time, Council Member Strauss suggested that Council limit the testimony for the Banning - Newport Ranch public hearing to 1 -hour and 15 minutes. There being no objections, it was so ordered. Motion x C. The reading of all ordinances and resolutions under All Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing GPA 81 -1 regarding GENERAL PLAN AMENDMENT 81 -1, a request (45) initiated by the City of Newport Beach, to amend the Newport Beach General Plan for the Banning - Newport Ranch Planned Community, and the acceptance of an Environmental Document. Property located northerly of West Coast Highway and approximately 360 ft. westerly of Superior Avenue in the West Newport area; AND AMENDMENT NO. 1 TO THE LOCAL COASTAL PROGRAM, a request initiated by the City of Newport Beach to amend the Land Use Plan and the adoption of an Implementing Ordinance for the Newport Beach Local Coastal Program; AND AMENDMENT NO. 561, a request initiated by BEECO, Ltd., Newport Beach, and the Newport -Mesa Unified School District, to establish a Planned Community Development Plan and Development Standards for the Banning- Newport Ranch Planned Community; AND TRAFFIC STUDY, initiated by BEECO, Ltd., Newport Beach, and the Newport -Mesa Unified School District to consider a Traffic Study for the Banning- Newport • Ranch Planned Community. Volume 35 - Page 303 COUNCIL ROLL CALL ME B RS do G s s siP • • CITY OF NEWPORT BEACH MINUTES October 13. 1981 INDEX GPA 81 -1 A report from the Planning Department, was pre- sented. Reference was made to Attachment No. 5, Draft Environmental Report, wherein it was noted that Section II contained responses to issues raised at the City Council meeting /public hearing of Septembe 28, 1981, and by the City staff. The following persons addressed the Council: Louise Greeley, Chairperson for the West Newport Legislative Alliance, 201 Intrepid Street, stated that they were unable to finish their presentation at the last meeting because of time constraints, and were prepared to continue at this time. Ms. Greeley stated she felt the Applicant should document the benefits of General Plan 81 -1, as the West Newport Legislative Alliance feels the Plan will cause a hardship to many of the West Newport neighbors. It is their opinion that the West Newport Legislative Alliance proposal provides a generous compro- mise to the General Plan Amendment 81 -1 proposal. Carl Cheadle, 29 Encore Court, read a letter addressed to Newport Crest Homeowners Associa- tion.from Wade Pearson, Agent for State Farm Insurance Company, advising that the proposed industrial /office complex would affect the current premium rates for the Association. In addition, the basic insurance eligibility and desirability of the Association's property may be adversely affected by an industrial expo -, sure. Mr. Cheadle stated that the West Newport Legislative Alliance would support the loca- tion of a fire station in the area, if future studies would so indicate. Mr. Moktar Salama, Newport Crest Homeowners. Association, discussed what he felt were major deficiencies with respect to traffic as set forth in the Environmental Impact Report. Margo Skilling, 6610 W. Ocean Front, stated she was concerned with pedestrian crossing on Pacific Coast Highway, and urged the Council to consider when determining the conditions of approval for the proposed development. She also suggested a park be explored for the "Semeniuk Slough" area of West Newport. In conclusion, it was recommended the City study the feasibility of acquiring the CALTRANS West property. Volume 35 - Page 304 INDEX GPA 81 -1 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES y � •O 9 s � ROLL CALL `rd+ p October 13, 1981 INDEX Dominic Ciociola, President of Versailles GPA 81 -1 Homeowners Association, discussed traffic and related noise. He stated that the proposed project would add greatly to the noise level, • and indicated this subject was not adequately in the Environmental Impact•Report. addressed Marion Stevens, Newport Crest, stated that statistics show crime is on the increase, and that Newport Crest was no exception. She cited numerous crime incidents in the area, and stated that they would like to see Ticon- deroga Street made a "gate- guard'.' street. Ms. Stevens also discussed the need to in- crease law enforcement as a result of the development, and suggested the Applicant be required to provide 24 -hour security on all aspects of the development, so as to not disturb the balance of their police protection as it now stands. Jan De Bay, West Newport Beach Homeowners Association and member of Environmental Quality Citizens Advisory Committee, discussed . environmental concerns. She commented that she would like to see a more "neighborhood residential- type" development, as she does not want to see a "Costa Mesa industrial- type" development in West Newport. Terry Watt, Professional Planner representing West Newport Legislative Alliance, stated that • she had been requested to prepare a fiscal analysis of the Alliance Plan, and to estab- lish the value of said plan in order to determine the reasonableness of the return to the property owner. She stated that the Alliance Plan does not cost the City money, but makes the City money. In addition, the plan is competitive with General Plan Amend- ment 81 -1 in revenue generation to the City. David Goff, Co- Chairman, West Newport Legisla- tive Alliance, summarized the Alliance pro- posal, stating they felt that their plan was a very viable land use alternative, as it offers more housing, more park space, more revenue to the City, better balance between housing and employment opportunities, less traffic, less noise, less pollution, less airport usage, and equal return on investment to the developer. David Neish of Urban Assist, Inc., represent - ing the Applicants, read into the record a letter dated October 13, 1981, from Kenneth L. Wayman, President of the Board of Education, Newport -Mesa Unified School District, urging that City Council approve General Plan Amend- ment 81 -1. • Volume 35 - Page 305 CITY OF NEWPORT BEACH C UNCIkI B RS MINUTES ROLL CALL 'P October 13, 1981 INDEX Mr. Neish discussed their proposal as revised, GPA 81 -1 stating it has been critiqued and analyzed by the City staff in every detail. He stated he felt their plan provided numerous benefits to the City, and has an overall positive affect • on the community. Herman Basmaciyan, Traffic Engineer with Basmaciyan and Arnell, discussed circulation and traffic in the vicinity of the proposed project. Frank Kresse, Principal Geologist, Harding, Lawson & Associates, commented on geotechnical considerations, as well as oil field.safety and potential hazards relating thereto. Van Stevens, Consultant, Phillips, Brandt and Reddick, commented on land use and residential growth. He stated that if the project is developed, it will improve the City's Circula- tion Plan. They also plan to include a park in the development which would be over three acres in size. With respect to public safety, by development of new roads, circulation and emergency access would be improved. In addi- tion, they intend to reserve space for a fire station, if a future study identifies the need. Jim Fergus, Consultant, Phillips, Brandt and Reddick, displayed slides of design concepts • for the development and the general character. Michael C. Gering, President of Newport Harbor Area Chamber of Commerce, advised that the Chamber was in support in principle of General Plan Amendment No. 81 -1 as now revised. However, the proposal to delete 435,000 sq. ft. of office space, the reduction of 300,000 sq. ft. to 100,000 sq. ft. in light industrial, and the requirement of five dwelling units per acre, was not supported by the Chamber. Motion x Continued to October 26, 1981. All Ayes 2. Mayor Heather opened the public hearing regarding: (a) PLANNING COMMISSION AMENDMENT NO. 564, a P/C Amnd request of the J. M. Peters Company, Newport 564 Beach, to amend the previously approved Aero- (94) nutronic Ford Planned Community District. Regulations to reflect the deletion of a park site and increase the permitted number of dwelling units in Area 5 from thirty -nine to forty -eight within the overall allowed three hundred dwelling units for the district. The proposed amendment also includes changes to the Planned Community Development Standards involving garage setbacks from sidewalks or curbs and the location of future 'tennis courts, • Volume 35 - Page 306 CITY OF NEWPORT BEACH C UNCIL MEMB RS S �G q MINUTES ROLL CALL October 13 1981 INDEX and the acceptance of an Environmental Docu- ment. Property bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south and Jamboree Road on the west; zoned P - -C. • (b) TENTATIVE MAP OF TRACT NO. 11604, a request of Tr 11604 J. M. Peters Company, Newport Beach, to sub- divide 11.48 acres into thirty -three lots for single- family residential development and two lots for private landscape purposes where there were previously thirty -three lots for single - family residential development, two lots for private landscape purposes and one lot for private recreational purposes. ProD- erty located at the southeasterly corner of Jamboree Road and Bison Avenue, in the Aeronu- tronic Ford Planned Community; zoned P -C. (c) TENTATIVE MAP OF TRACT NO. 11605, a request of Tr 11605 J. M. Peters Company, Newport Beach, to sub- divide 10.09 acres of land into nine lots for single - family residential development and one lot for private open space and landscaping purposes. Property located at the southwesterly corner of Bison Avenue and MacArthur Boulevard, in the Aeronutronic Ford Planned Community; zoned P -C. A report from the Planning Department, was pre- sented. Bob Trapp, representing the J. M. Peters Company, • answered questions posed by Council relative to grading and Turkish Rugging. Dr. Fred Sawyer, Environmental Consultant, distri- buted specimens of Turkish Rugging to the Council, advising that he has successfully transplanted Turkish Rugging at the University of California at Irvine site. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Accepted the Environmental Document; adopted R- 11064 Ayes x x x x x Resolution No. 11064 amending the Planned Community Noes x District Regulations for Aeronutronic Ford, includ- ing the Findings and accepting an Environmental Document (Amendment No. 564); and approved the Tentative Map of Tract No. 11604 and the Tentative Map of Tract No. 11605,.incorporating by reference the Findings and Conditions of Approval as recom- mended by the Planning Commission. 3. Mayor Heather opened the public hearing regarding P/C Amnd PLANNING COMMISSION AMENDMENT NO. 565, a 'request of 565. Pacific Mutual Life Insurance Company, Newport (94) Beach, to amend the Planned Community Text for the Block 800 Planned Community to allow additional gross floor area for the restaurant use and • Volume 35 - Page 307 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES �iF 3 RnlI CAII �n 9 October 13. 1981 1Punry additional net floor area for office use within P/C Amnd the existing building at 800 Newport Center Drive, 565. and the acceptance of an Environmental Document. Property located at 800 Newport Center Drive and Santa Barbara Drive in Newport Center; zoned P -C. A report from the Planning Department, was pre- sented. Discussion ensued with respect to the requiring of grease traps, satisfactory to the City's Building Department, wherein Bill Borden, representing Applicant, stated that part of their design program includes grease traps for both their existing food facility for their employees, as well as the restau- rant. In addition, there is a second sewer line available for the.restaurant.only, plus a different sewer line servicing the office project. They have = no objection to the City requiring grease traps. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Accepted the Environmental Document; and adopted R -11065 All Ayes Resolution No. 11065 amending the Planned Community Development for Block 800 (Pacific Mutual) by amending the text therefor (Amendment No. 565); approval of the foregoing subject to condition that appropriate grease traps be required satisfactory to the City's Building Department. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11066 authorizing.the City Arts Arts /R -11066 Commission to accept a $2,100.00 Grant from (62) the California Arts Council for Performance by the Mark Taper Forum Improvisational Theatre at Orange Coast College on May 29, 1982. (A report from the City Arts Commission) "(b) Resolution No. 11067 authorizing.the Mayor and City- County City Clerk to execute an Agreement between the Health Sery City of Newport Beach and the County of Orange. R -11067 in connection with City - County Health Services C -1802 and rescinding Resolution No. 8788. (A report (38) from the City Manager) Volume 35 - Page 308 • C UNCIL ME B RS Rni i rni i Sn � CITY OF NEWPORT BEACH October 13. 1981 MINUTES I Punry (c) Resolution No. 11068 amending Resolution No. Pkg /Rests 10048 to add Ocean Boulevard between Dahlia (64)R -11068 and Fernleaf from 8:30 a.m. to 12:30 p.m. to the existing "No Parking" restrictions on certain days, in connection with the Street • Sweeping Program. (A report from the Traffic Affairs Committee) (d) Resolution No. 11069 directing the Traffic Parking Engineer to designate parking stalls for the R -11069 handicapped at various City -owned lots and (63) rescinding Resolution No. 9873. (A report from the Traffic Affairs Committee) (e) Resolution No. 11070 requesting that the Marine Orange County Board of Supervisors consider Lifeguard amending future agreements for the berthing of R -11070 , Newport Beach Lifeguard rescue boats by making (51) the terms thereof for three years instead of two years and rescinding Resolution No. 9679. (A report from the Marine Department) (f) Resolution No. 11071 authorizing the Mayor and Harbor Debris City Clerk to extend the term of Contract No.. Cleanup 1936 between the City of Newport Beach and G. R -11071 M. Boston & Associates for a three -year period C -1936 of time and approving amendments thereto for (38) transmission to the County of Orange for matching contribution funds thereof. (A report from the Marine Department) 3. COMMUNICATIONS - For referral as indicated: • (a) To the Pending Legislation and Procedural Legis /AB2074 Ethics Committee, communication urging support (48) of AB2074 (Robinson), a compromise measure involving clarification of the rules for cancellation of Williamson Act Contracts. (b) To the Marine Department for inclusion in Marine Dept the records, a letter from Nicole H. Rhodes (51) . supporting the Back Bay and the Andrew's Plan for floating tidal gates. (c) Removed from the Cansent.Calendar. (d) To the Police Department for reply, a letter Police Dept from Mr. Lord, an Attorney, regarding alleged (70) lack of interest in filing his complaint. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Minutes of the Local Agency Formation Commis - sion of Orange County for September 10, 1981. (b) Letter from Avco Financial Services, Leasing Company Manager, expressing thanks for an enjoyable Newport Beach Anniversary Celebra- tion - Fashion Island. Volume 35 - Page 309 • CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES s,� ti9 s G�� 9� ti�9 � �3 ani t �Al i s9 a 5. CLAIMS FOR DAMAGES - For denial and confirmation of (36) the City Clerk's referral to claims adjuster: (a) Elaine Camaras for property damage sustained Camaras on October 2' 1981, allegedly due to City vehicle backing into her car when driving out of driveway. (b) Frank E. Cowley, Jr., for property damage sus - Cowley tained on August 27, 1981, allegedly due to his roof tile being damaged by private con- tractor doing work for the City. (c) Robert T. Galbraith for property damage sus- Galbraith tained on August 19, 1981, due to his bicycle colliding with another vehicle, alleging negligence on the part of the City. (d) Pacific Telephone & Telegraph Company for Pac /Tel property damage sustained on June 24, 1981, alleging underground cable damaged by blade of road grader operated by employee of Lee Construction Company while doing road grading for the City. (e) Farmers Insurance Group for Glen Sanders for Farmers Ins/ property damage sustained on August 13, 1981, Sanders allegedly due to claimant's vehicle colliding with City vehicle. . (f) Jeff L. Shotwell for alleged property confis- Shotwell cated (wetsuit), but not returned, when he was detained by the Police on September 10, 1981. (g) Douglas Lee Haggard for reimbursement of Haggard storage and towing fees for moped which was stolen. 6. SUMMONS AND COMPLAINTS: - None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Building Inspector I, Building Department. (b) One Tree Trimmer I, Park Department. (c) One Payroll Clerk I, Finance Department. (d) One Water Meterman, Utility Department. 8. STAFF AND COMMISSION REPORTS: For Council information and approval: (a) ACCEPTANCE OF DONATED ITEMS FROM AVCO FINAN- Fire Dept CIAL SERVICE INC., for use by the Fire Depart- (41) ment. (A report from the Fire Chief) For Council information and filing: (b) ARTS COMMISSION'S RELATIONSHIP WITH THE Arts • "FRIENDS" OF THE ARTS COMMISSION. (A report (62) from the Arts Commission) Volume 35 - Page 310 CITY. OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9 S s 9 lk ROLL CALL �n October 13, 1981 i�nry o ume 3 - Page 3 .mv�n 9. PUBLIC HEARING SCHEDULING: For public hearing on October 26, 1981: (a) APPEAL OF JULIE AND JOHN PETERSON from the Use Permit • decision of the Planning Commission denying 2016 USE PERMIT NO. 2016, to remodel and expand an (88) existing nonconforming duplex in the C -1 District. The proposed development also includes the construction of a cupola that exceeds the height limit in the 26/32 Foot Height Limitation District, on property located at 124 Agate, Balboa Island. This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California En- vironmental Qualities Act. For public hearing on November 9, 1981: (b) PROPOSED UNDERGROUND UTILITIES DISTRICT NO, Utilities/ 8 - to determine whether overhead electrical Underground power facilities should be placed underground (89) along Superior Avenue northerly from the Coast Highway to the southerly boundary of Tract 7817. (A report from the Public Works Depart- ment) 10. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. Resub 569 569 -Lot 1 and a portion of Lot 2, Tract No. 3232, (84) located at 1101 Bayside Drive on the southeasterly corner of Bayside Drive and Marine Avenue, adjacent to the Balboa Island Bridge; accept the public • improvements constructed in conjunction with Resub- division No. 569; authorize the City Clerk to release the Faithful Performance bond (No. L05- 038087), and release the Labor and Material bond (No. L05- 038087) in six months provided no claims have been filed. (A report from the Public Works Department) 11. ACCEPTANCE OF JASMINE CREEK STORM DRAIN, PHASE 1, Jasm Crk/ C -2181 - Accept the work; authorize the City Clerk SD Ph I to file a Notice of Completion; and release the C -2181 bonds 35 days after Notice of Completion has been (38) filed. (A report from the Public Works Department) 12, ACCEPTANCE OF CONSTRUCTION OF PROSPECT STREET Prospect BETWEEN SEASHORE DRIVE AND WEST COAST DRIVE AND Constr WEST COAST HIGHWAY (C -2150) - Accept the work; C -2150 authorize the City Clerk to file a Notice of Com- (38) pletion; and release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 13. APPROVAL OF MAINTENANCE DREDGING APPLICATIONS - In Maint /Dredg conjunction with conditions of approval listed in (51) the Blanket Permit issued to the City by the Army Corps of Engineers for the following locations: (A report from the M.irine Department) North Bay Front between Diamond and Ruby Streets; North Bay Front at Agate Street end; and South Bay Front between Sapphire and Diamond Streets. 1 5 11 o ume 3 - Page 3 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES yG 9y ?ii, �j� 1,9�i1 ROLL CALL n9 ¢1 October 13, 1981 itunry 14. APPROVAL OF SOUND AMPLIFICATION PERMIT FOR GLORIA Zigner /Sound ZIGNER AND ASSOCIATES - For October 24, 1981 at X118 Permit Harbor Island Drive. (A report from the License (65) Supervisor, Finance Department) • 15. BUDGET AMENDMENTS - For approval: (25) (a) A report from the Finance Director to the City Council regarding 1980 -81 CLOSING BUDGET AMENDMENTS: BA -099, $3,000.00 increase in Fund Balance; set up the 1981 -82 obligation of $79,500.00 for Bond Retirement; Water Fund. BA -100, $65,934.50 decrease in Fund Balance, transfer to Reserve for Off- Street Parking; Parking Meter Fund. BA -101, $6,194.41 decrease in Fund Balance, transfer to Reserves for Surfboard Acquisition and Tennis Court Construction; Park and Recrea- tion Fund. BA -102, $12,325.58 decrease in Fund Balance, increase in Budget Appropriations and decrease in Revenue Estimates; Marinapark Fund. BA -103, $536,661.15 increase in Fund Balance, decrease in Budget Appropriations and increase in Revenue Estimates; Water Fund. BA -104, $144,826.35 increase in Fund Balance, increase in Revenue Estimates; Water System, • Development Fund. BA -105, $1,964.31 decrease in Fund Balance, decrease in Budget Appropriations and decrease in Revenue Estimates; John Wayne Sculpture Fund. BA -106, $24,782.05 increase in Fund Balance, decrease in Budget Appropriations and decrease in Revenue Estimates; 75th Anniversary Fund. BA -107, $252,037.34 decrease in Fund Balance, decrease in Budget Appropriations and decrease in Revenue Estimates; Building Excise Tax Fund. - BA -108, $7,150.40 decrease in Fund Balance, decrease in Budget Appropriations and decrease in Revenue Estimates; Contribution Fund. BA -109, $545,020.40 increase in Fund Balance, decrease in Budget Appropriations and increase in Revenue Estimates; Tide and Submerged Lands Fund. BA -110, $31,558.82 increase in Fund Balance, increase in Revenue Estimates; Parking Meter Fund. • Volume 35 - Page 312 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES titi s�A ?i „y9� ROl I CAl l_ . �� .Q October 13, 1981 IU f1Cy BA -111, $57,665.99 increase in Fund Balance, (25) increase in Revenue Estimates; Traffic Safety Fund. BA -112, $1,331.31 decrease in Fund Balance, • increase in Budget Appropriations and decrease in Revenue Estimates; Arterial Highway Financ- ing Fund.. BA -113, $250,386.34 increase in Fund Balance, increase in Budget Appropriations and decrease in Revenue Estimates; State Gas Tax Fund. BA -114, $65,419.95 increase in Fund Balance, increase in Budget Appropriations, and in- crease in Revenue Estimates; State Gas Tax Fund. BA -115, $37,608.28 increase in Fund Balance, decrease in Budget Appropriations and decrease in Revenue Estimates;.Federal Revenue Sharing Fund. BA -116, $3,519.22 decrease in Fund Balance, increase in Budget Appropriations and decrease in Revenue Estimates; Library Fund. BA -117, $6,298.35 decrease in Fund Balance, increase in Budget Appropriations and decrease in Revenue Estimates; Park and Recreation Fund. BA -118, $290,677.43 increase in Fund Balance, increase in Budget Appropriations and decrease in Revenue Estimates; General Fund. BA -119, -0- increase /decrease in Fund Balance, increase in Revenue Estimates; Capital Improve- ment Fund. BA -120, -0- increase /decrease in Fund Balance, transfer $43,737.28 completed prior years' projects to Appropriations Reserve; Various Funds. BA -121, $5,822.00 increase in Fund Balance, transfer from Reserve to cover cost of Self- Insured Workers' Compensation and General Liability; Water Fund. BA -122, $1,150.75 increase in Fund Balance, transfer from Reserve to cover cost of Self - Insured Workers' Compensation and General Liability; Library Fund. BA -123, $22,423.80 increase in Fund Balance, transfer from Reserve to cover cost of Self - Insured Workers' Compensation and General Liability, Park and Recreation Fund. Volume 35 - Page 313 CITY OF NEWPORT BEACH C UN CIL MEMB RS MINUTES. y �.c RAI 1 C61 I �n N October 13. 1981 liunev BA -124, $960,183.00 increase in Fund Balance, 25) transfer from Reserve to cover cost of Self - Insured Workers` Compensation and General Liability; General Fund. • BA -125, -0- increase /decrease in Fund Balance, transfer $21,619.25 Contributions to Circula- tion and Transportation Reserve; Contribution Fund. BA -126, $100,000.00 decrease in Fund Balance, transfer to Reserve for Future Water Sources; Water Fund. (b) A report from the Finance Director to the City Manager regarding SUGGESTED INTERFUND TRANS - FERS AT JUNE 30, 1981. (c) A report from the Finance Director to the City Council regarding REAPPROPRIATION OF ENCUM -. BRANCES. BA -035, $1,421,780.07 transfer of Reserve for Prior Years Encumbrance; General Fund. BA -036, $6,515.83 transfer of Reserve for En- cumbrance; Park and Recreation Fund. BA -037, $30,959.35 transfer of Reserve for En- cumbrance; Library Fund. BA -038, $59,597.84 transfer of Reserve for • Prior Years Encumbrance; Federal Revenue Sharing Fund. BA -039, $24,105.55 transfer of Reserve for Encumbrance; State Gas Tax Fund (sec. 2107), BA -040, $42,875.74 transfer of Reserve for Prior Years Encumbrance; State Gas Tax Fund (Sec. 2106). BA -041, $1,966.91 transfer of Reserve for En- cumbrance; Arterial Highway Financing Plan Fund. BA -042, $36,544.92 transfer of.Reserve for En- tumbrance; Tide and Submerged Lands Fund. BA -043, $145,420.50 transfer of Reserve for Prior Years Encumbrance; Contribution Fund. BA -044, $82,185.64 transfer of Reserve for Prior Years Encumbrance; Building Excise Tax Fund. BA -045, $6,289.00 transfer of Reserve for En- cumbrance; John Wayne Sculpture Fund. Volume 35 - Page 314 • CITY OF NEWPORT BEACH C UNCIL MEMB RS MINUTES 9 G S J' ROLL CALL n� 9 October 13. 1981 iunev 0 ume - age BA -046, $75,615.43 transfer of Reserve for Prior Years Encumbrance; Water Fund. (d) BA -047, $12,778.00 increase Budget Appropria- tions for contract services from Orange County Fire Department as approved by City Council on September 28, 1981 (Resolution No. 11062); Fire Supress:ion Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Referred letter from law offices of McKenna, Conner Airport /OC All Ayes and Cuneo (Hugh Coffin), regarding representation (58) of Frontier Airlines, to staff to obtain opinion from City's airport legal counsel. H. ORDINANCES FOR ADOPTION -.For second reading and adoption: 1. Ordinance No. 1887, being, 0 -1887 Interf /Law AN ORDINANCE OF THE CITY OF NEWPORT BEACH Enforcemen AMENDING SECTION 10.12.010 OF THE NEWPORT (70) BEACH MUNICIPAL CODE PERTAINING TO GIVING FALSE INFORMATION TO A POLICE OFFICER, was presented. Reports from the Chief of Police dated August 17 and 28, and October 5 and 6, 1981, were presented. During course of discussion, Council Member Strauss suggested staff contact other beach cities to determine how they handle this issue • prior to adopting the ordinance. Jim Jacobs, Newport Beach Police Department, advised that they had forwarded to the City At- torney's office, comments by the District Attor- ney relative to this issue, along with a copy of Orange County's ordinance on the same subject. The City Attorney felt the Orange County Ordi- nance was overly broad and vague, and therefore, ` rewrote the ordinance that is before the Council at this time. Motion x Following discussion, motion was made to adopt. Ayes x x x x Ordinance No. 18$7, as presented. Noes x x 2. Ordinance No. 1888, being, 0 -1888 Conduct or AN ORDINANCE OF THE CITY OF NEWPORT BEACH Beaches ADDING SECTION 11.08.055 TO.THE NEWPORT (62) BEACH MUNICIPAL CODE PROHIBITING DANGEROUS ARTICLES ON ANY BEACH OR ADJACENT SIDEWALKS, was presented. Reports from the Litter Control Citizens Advisory Committee dated January 6 and August 19, 1981, .were presented. An x Adopted Ordinance No. 1888; prohibition signs to All Ayes be properly posted. " 1_ 35 P 315 0 ume - age CITY OF NEWPORT BEACH COUNCIL ME B RS MINUTES tiG �qs�G� Rf111 C41 lydnry ��04 10 A City Clerk Volume 35 - Page 316 It was suggested that a statement regarding the new ordinance regulations be inserted in a future newsletter. I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE EQ /CAC VACANCIES: (24) Motion x Confirmed (District 1) Council Member Strauss' All Ayes appointment of Marilyn C. Hendrickson to fill the unexpired term of Judith Sheldon, ending December 31, 1981. Motion x Accepted letter of resignation from Jerry King All Ayes (who was appointed to the Planning Commission); directed the City Clerk to send Letter of Appre- ciation; and confirmed (District 4) Mayor Heather' appointment of Tom Thompson to fill the unexpired term of Jerry King, ending December 31, 1981; and Confirmed (District 4) Mayor Heather's appointment of Lucy de Mocskonyi to fill the unexpired term, ending December 31, 1981, of Robert Hopkins (ap- pointed to the Parks, Beaches and Recreation Com- mission); and directed the City Clerk to send Letter of Appreciation. J. CURRENT BUSINESS: 1. Report from City Arts Commission regarding MODI- Arts FICATION OF COUNCIL POLICY F -18 (Fund Raising), (.62) Otion was presented. x Referred to staff and Appointments Committee for All Ayes report back, with request that role of Arts Com - mission to be defined at that time. 2. APPOINTMENTS TO AD -HOC CITY COUNCIL IRVINE COAST Irvine Coast STUDY COMMITTEE.. Study Com/ (24) Motion x Appointed Council Members Cox and Hummel to All Ayes subject committee. 3. APPOINTMENTS TO AD -HOC CITY COUNCIL DUNES DEVEL- Dunes Dev OPMENT COMMITTEE. Cam (24) Motion x Appointed Council Members Hart and Maurer to All Ayes subject committee. K. ADDITIONAL BUSINESS: Motion x 1. Accepted donation of furniture in the amount of Library All Ayes $1.478.44 from the "Friends of the Library" for (50) use in Mariner's Lounge, Motion x 2• Placed Ballard Encroachment issue on October 26 Ballard /Encr All Ayes agenda for clarification of intent of motion. (65) Adjourned at 10:40 p.m. ry /44at May ow ATTES 7 /s z ��04 10 A City Clerk Volume 35 - Page 316