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Home My WebLink About03/22/1971 - Regular Meeting�y COUNCILMEN 3t�moyooq J'`9 �PiP y < < z ROLL CALL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P. M. Date: March 22, 1971 Present x x x x x x x Roll Call: The reading of the Minutes of the Regul: itotion March 8, and of the Adjourned Meetings x 16, 1971 was waived, and said Minutes Ayes xxxxxxx written and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued p' connection with Underground Utility (Pacific Coast Highway from Rivers Dover Drive) to determine whether sity, health, safety or welfare requ of poles, overhead wires, and asso and the underground installation of for supplying electric, communicat associated service in said area of t Letters from Ron Yeo, Richard Lei architects, in favor of the establish Underground Utility District were p letter from the Orange County Chap can Institute of Architects stating tl Board unanimously commended the posed Underground Utility District Discussion was had regarding possil pation. lootion x The hearing was continued for 60 da Ayes xxxxxx 2. Mayor Hirth opened the public hear: appeal of Richard W. Jordan from t Planning Commission denying Amer which requested to rezone Lots 15 a Corona del Mar, located at 431 and from an R -2 District to a C -1 -H Di A report from the Zoning Administr with a letter from Richard W. Jor& petition signed by twenty neighborin stating they are in favor of subject l rezoned to commercial zoning. Letters from John C. Davison, Don R. L. Hummel protesting the rezon to commercial were presented. Zoning Administrator Jim Hewicker the findings of the Planning Commis John Barker, representing Mr. Jor the audience. Mayor Hirth closed the public heari • unanimous consent of the Council. Volume 25 - Page 7 MINUTES Lr Meeting of of March 2 and ,were approved as iblic hearing in District No. 2 ide Avenue to the public neces- ires the removal :fated structures, ,wires and facilities .on, or similar or ie City. tch, Cared Smith, ment of subject resented with a ter of the Ameri- .at its Executive City on the pro- w. 2. )le State partici- ys. ng regarding he decision of the .dment No. 279 nd 17, Block 435, 433 Iris Avenue, strict. ator was presente m enclosing a g property owners )roperty being as Davison and Lng of the property gave a report on sion. fan, spoke from ag with the K1 INDEX Under- ground Utility Dist 2 Jordan Appeal COUNCILMEN 3 IL PA 5 (� O '0 2 ?i C ROLL CALL CITY OF NEWPORT BEACH March 22. 1971 MINUTES INDEX Motion x The decision of the Planning Commission was upheld, yes xxxxxxx and Zoning Amendment No. 279 was denied. Mayor Hirth welcomed members of Newport Harbor Girl Scout Troop No. 559 who were in the audience. 3. Mayor Hirth opened the public hearing regarding the Seafar appeal of Seafarers' Safety and Service Club, Inc. Appeal from the decision of the Planning Commission denying _ Use Permit No. 1512 which requested permission for a marine fueling facility to include a fuel dock and service slips. Lot 1, Block G and tidelands adjacent to Lots 2 and 3, Block G, Balboa Bay Tract, located at 705 East Edgewater. A report from the Zoning Administrator was pre sente� with the application from Reginald S. Doll, President of Seafarers' Safety and Service Club, Inca Zoning Administrator Jim Hewicker gave a report on the findings of the Planning Commission. Reginald Doll, President of Seafarers' Safety and Service Club, and Don Rumble, President of Harbor Fire Protection Company, spoke from the audience. The hearing was closed, and Use Permit No. 1512 otion x was referred back to the Planning Commission with - Ayes xxxxxxx out prejudice. It was agreed that a review of the fire safety precautions used in the existing marine fueling facilities on the bay should be a Study Session item at the next meeting. 4. Mayor Hirth opened the public hearing in connection Asmt with Assessment District No. 52 (Harbor Highlands Dist 52 Street Lights). The City Clerk advised the City Council that this was the time and place fixed pursuant to statute and notice given for the hearing in the matter of assessment for the work and improvement done and performed by the contractor consisting of the construction. of certain street improvements in Assessment District No. 52 as contemplated by Resolution of Intention No. 7197, adopted by the City Council on the 8th day of June, 1970. The City Clerk informed the Council that affidavits of the mailing, posting and publication of the Notice of • Filing Assessments were on file in her office. Volume 25 - Page 74 ar's COUNCILMEN ��aoyo o09 .2 N`'y FPS y G< (Ny Rnt I CAI 1 CITY OF NEWPORT BEACH March 22. 1971 MINUTES appeal or vhich was from protesting the I requesting affective shield it bedrooms.. or was pre- and asked if ard. ace and re- •guerite Butler, I Highlands, were already ctor Joe Devlin only half of. an ere . overruled; approved to Lrterial and Avenue; and ter the reading e Council: assessment Superintendent ay of February, work and street improve 52" as con - n No. 7197 of itendent of said assessment. in-connection 'NEWPORT ND AMENDING 280, amending rict to an R -1 Tract No. 27, Catalina Drive INDEX R -7387 Dist Map No 5 The City Clerk stated that one written objection had been filed in her office, i • Dr. Carl Cotman, 1939 Teresita Lane, light shining in his bedroom window an that the light either be removed or an f placed on it so that it does not light the A report from the Public Works Direct sented. Mayor Hirth opened the public hearing anyone in the audience desired to be he Dr. Carl Cotman spoke from the audie quested that the light be shielded. Mai who lives on the corner of Kathleen ant protested the assessment because the.r lights on Kathleen. Public Works Dire stated that Mrs. Butler was receiving assessment. Motion x The hearing was closed; all protests w Ayes xxxxxxx the City cash contribution of $140 was pay for the difference in cost between. reaidential -type street lights on Irvine the following resolution was adopted of • was waived by unanimous consent of th Resolution No. 7387 approving the and diagram made and filed by the of Streets of the City on the 19th d 1971 to cover the sums due for the improvement consisting of certain ments in "Assessment District No templated by Resolution of Intentic said City; and ordering the Superb Streets to attach a warrant to said 5. Mayor Hirth opened the public hearing with Ordinance No. 1376, being, AN ORDINANCE OF THE CITY Ol BEACH REZONING PROPERTY_A DISTRICT MAP NO. 5, Planning Commission Amendment No._ a portion of said map from an R -2 Dist District, Lots 1 through 12, Block 12, located south of Broad Street between and Santa Ana Avenue. • Volume 25 - Page 75 MINUTES appeal or vhich was from protesting the I requesting affective shield it bedrooms.. or was pre- and asked if ard. ace and re- •guerite Butler, I Highlands, were already ctor Joe Devlin only half of. an ere . overruled; approved to Lrterial and Avenue; and ter the reading e Council: assessment Superintendent ay of February, work and street improve 52" as con - n No. 7197 of itendent of said assessment. in-connection 'NEWPORT ND AMENDING 280, amending rict to an R -1 Tract No. 27, Catalina Drive INDEX R -7387 Dist Map No 5 ROLL CALI • Motio: Ayes 0otio: Ayes Motio: Ayes • COUNCILMEN CITY OF NEWPORT BEACH March 22, 1971 MINUTES Zoning Administrator Jim Hewicker reported on the findings of the Planning Commission. The hearing was closed;and ordinance No. 1376 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR ADOPTION: 1. Ordinance -No. 1377, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.28. 010 OF THE NEWPORT BEACH MUNICIPAL CODE, EN- TITLED "MAINTENANCE OF PUBLIC PIERS - REGULATIONS ", RELATING TO A TWO -HOUR TIME LIMIT ON THE 29TH STREET PIER AND FLOAT, providing for a two -hour docking time limit at the 29th Street pier and float instead of the 20- minute time limit imposed on all public piers and floats, was presented for second reading. Ordinance No. 1377 was adopted after the reading of the ordinance was waived by unanimous consent of the Council. ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1378, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20. 47. 010 OF THE NEWPORT BEACH MUNICIPAL CODE IN CON- NECTION WITH RECONSTITUTION OF MODIFI- CATIONS COMMITTEE, changing the composition of its members from Planning Director, Building Director and Public Wo Director, as established in Ordinance No. 1268, to Community Development Director, Public Works Director and City Attorney. A report was presented from the City Attorney. Ordinance No. 1378 was introduced and passed to second reading on April 12, 1971. Volume 25 - Page 76 INDEX 29th St Pier Modifi- cations Cmte COUNCILMEN CITY OF NEWPORT BEACH �t�s+ °s�oo-o 'y Nov Sys s < < 4t ROLL CALL March 22, 1971 • Motion Ayes Motion Aye s • • x HARBOR PERMITS: MINUTES 1. A report was presented from the Harbor and Tide- lands Administrator regarding Harbor Permit Appli- cation No. 105 -096 of Southern California Edison Company to replace a submarine 5 KV cable across. Newport Bay between Bayside Drive, Corona del Mar, and the vicinity of N Street, Balboa. Harbor Permit Application No. 105 -096 was approved. 2. A report was presented from the Harbor and Tide- lands Administrator regarding Harbor Permit Appli- cation No. 135 -20 of Mr. John F. Bishop to construct a pier, ramp and float bayward of No. 20 Linda Isle. Harbor Permit Application No. 135 -20 was approved. CONTINUED BUSINESS: 1. A draft resolution in connection with the Route 1 Freeway agreement was considered. City Clerk Laura Lagios stated that there had been received letters from the following homeowners' associations with the request that they be read aloud so they would become part of the record, and with the Gouncil's permission,all five of the following letters were read in full: Corona Highlands Property Owners Association, Inc. ; Cameo Community Associ- ation; Harbor View Hills Community Association; Harbor View - Broadmoor Community Association; Harbor View Hills Homeowners Association. Wally Koch, Chairman of the Citizens Coordinating Committee, spoke from the audience and read into the record a letter from the Committee urging that Howard Rogers and Donald McInnis be authorized to represent the City Council to seek a bilateral rescis- sion of a portion of the freeway agreement_ Arthur Strock, attorney for the Citizens Coordinating Committee, spoke from the audience. Councilman McInnis read in full the following reso- lution and accepted an amendment to the resolution to provide for the committee to consist of Vice Mayor Volume 25 - Page 77 INDEX SoCal Edison Co Bishop Pac Coast Fwy COUNCILMEN 3��POS c+y ov ROLL CALL CITY OF NEWPORT BEACH March 22, 1971 MINUTES INDEX Howard Rogers and Councilman Donald McInnis, otion x which resolution was adopted after the reading of the yes x x x x x x x resolution was waived by unanimous consent of the Council: Resolution No. 7388 stating the policy of the R -7388 Newport Beach City Council concerning the free- way agreement between the City of Newport Beach and the State of California as it relates to that portion of the Route 1 (Pacific Coast) Freeway between the Newport Beach City limits, near Buck Gully and Bayside Drive; appointing Vice Mayor Howard Rogers and Councilman Donald McInnis to serve as members of the City Council Freeway Negotiating Committee to represent the City Council in negotiations with representatives of the State of California for a mutually agreeable bilateral rescission agreement, to be achieved within 60 days. Paul Gruber, former member of the Newport Beach City Council, spoke from the audience and congratu- lated the Council for taking its firm stand. Mayor Hirth read a proposed draft of a letter to the • Director of the State Department of Public „Works requesting that negotiations be initiated between the City Council and the State Division of Highways on the existing route freeway agreement of October 30, Motion x 1968, which letter was approved, and the Mayor was Ayes x x x x x x x directed to mail it to the State. Z. The proposed Payne Annexation (located on the north- Payne westerly side of Irvine Avenue between Santa Isabel Annex and Monte Vista Avenue) was considered. A copy of a letter from the Orange County Planning Department to the Local Agency Formation Com- mission stating that subject annexation is highly desirable and suggesting that applicant be urged to request annexation to the City of Costa Mesa was pre- sented with a copy of a letter from the Orange County Flood Control District approving subject annexation from a flood control and drainage standpoint, a Notice from the Local Agency Formation Commission of hearing to be held on March 24, 1971 regarding pro- posed Payne Annexation to the City of Newport Beach and a letter from the Local Agency Formation Com- mission recommending that the annexation be denied • Volume 25 - Page 78 COUNCILMEN 3 F92 00 -0 r �'`9 ROLL CALL N CITY OF NEWPORT BEACH March 22. 1971 MINUTES IDEX ment s oree mprv- ts 7382 7031 or the property owner be given an opportunity to with- draw the proposal so as to discuss subsequent annex- . ation of this property to the City of Costa Mesa. Motion x The Mayor was directed to write a letter to the Local Ayes xxxxxxx Agency Formation Commission advising that the City of Newport Beach does not recommend this annex- ation to the City of Newport Beach. 3. Resolutions authorizing execution of space easement Space agreements with Mr. E. O. Rodeffer and Kaiser Aetna Ease relative to open areas in connection with proposed construction of buildings on lease properties located on the northwest corner of St. Nicholas Drive and future Avocado Avenue and at 369 San Miguel Drive Motion x were continued to April 12 to allow time-for amended Ayes xxxxxxx agreements to be signed by Rodeffer and Kaiser Aetna 4. A report was accepted from the Public Works Directol Jamb regarding Jamboree Road Improvements, Palisades Rd I Road to MacArthur Boulevard, Contract No. 1205. men Motion x The work was accepted on subject project, the City Ayes xxxxxxx Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Com- pletion has been filed; and liquidated damages were assessed in the amount of $3, 300. CURRENT BUSINESS: 1. A report from the Zoning Administrator of the Com- Tract munity Development Department regarding Tentative Map of Tract 7382, request of Emkay Development to permit subdivision of 200 acres into 4 industrial lots and 17 commercial lots, located north of Pali- sades Road between Birch Street and MacArthur Boulevard was presented with a report from the Public Works Director. Motion x The Tentative Map of Tract 7382 was approved, sub - Ayes x x x x x x x ject to the conditions recommended by the Planning Commission; and City participation was authorized to a maximum of $5, 000 in the cost of reconstructing the intersection of. Birch Street and Dove Street. 2. A report was presented from the Zoning Adminis- Tract trator of the Community Development Department regarding Final Map of Tract 7031, portion of Tenta- tive Tract No. 6938, Donald L. Bren, developer, Volume 25 - Page 79 IDEX ment s oree mprv- ts 7382 7031 COUNCILMEN 3F9soo� o�� o A or a� 9oF�N i ROLL CALL CITY OF NEWPORT BEACH March 22, 1971 MINUTES INDEX dividing 19. 30 acres into 76 residential lots west of proposed MacArthur Boulevard and south of Ford Road. Motion x The Final Map of Tract 7031 was approved, subject Ayes xxxxxxx to the conditions recommended by the Planning Com- mission; and the following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7389 authorizing execution of an R -7389 agreement between the City of Newport Beach and Donald L. Bren Company, subdivider, for the construction of improvements in-Tract 7031. Resolution No. 7390 authorizing execution of an Tract 703 agreement between the City of Newport Beach, R -7390 the Donald L. Bren Co., Newport Hills Com- munity Association and The Irvine Company in connection with the construction of stucco gate house, Tract No. 7030. 3. A report was presented from the Public Works Master Director regarding study of Master Plan Water Supply Plan Facilities for portions of Pressure Zones III, IV and Water V. Supply • Facilities The report on "Master Plan Water Supply Facilities for Portions of Pressure Zones III, IV and V" was Motion x received and referred to the Council Water Com- Ayes xxxxxxx mittee for study; and the staff was authorized to obtain proposals for design and preparation of plans and specifications for construction of the facilities. 4. A report was presented from the Public Works 32nd St Director regarding 32nd Street Widening, Newport Widening Boulevard to Balboa Boulevard, Contract No. 1152. Bob Ridgway spoke from the audience and opposed awarding the contract to E. L. White Company, Inc. alleging the company used inadequate_ safety measures It was agreed the Public Works Director would look into said allegations. The request of R. W. McClellan and Sons, Inc. to Motion x withdraw their bid of $94, 603. 07 was granted; and Ayes x x x x x x x the following resolution was adopted after the reading of the resolution was waived by unanimous consent of the Council: • Volume 25 - Page 80 COUNCILMEN z��cF�PS ROLL CALL CITY OF NEWPORT BEACH March 22. 1971 MINUTES INDEX t/ rs Resolution No. 7391 awarding a contract for the R -7391 widening of 32nd Street from Newport Boulevard • to Balboa Boulevard to E. L. White Company, Inc. in the amount of $128, 365. 04, 5. A report was presented from the Public Works Water Director regarding vacation of a water line easement Line across Resubdivision No. 284, located between San Easemen Joaquin Hills Road and Pacific View Drive along the Vacation westerly side of Lincoln Middle School. Resolution of Intention No. 7392, determining R -7392 intention to order the vacation of a water line ease- ment between San Joaquin Hills Road and Pacific View Drive across Resubdivision No. 284; setting a public Motion x hearing for April 26, 1971, was adopted after the Ayes x x x x x x x reading of the resolution was waived by unanimous consent of the Council. 6. A letter from Ed Pisoni requesting to build a bridge Sewer over sewer easement at 2209 Cliff Drive was pre- Easemen sented with a report from the Public Works Director. 2209 Cliff Dr Motion x The staff was authorized to enter into a license agree - Ayes x x x x x x x ment with Ed Pisoni to permit him to build ,a bridge • over a 10' wide sewer easement at 2209 Cliff Drive. 7. A report was presented from the City Attorney Police regarding agreement for service and maintenance of Helicopt e helicopters. Resolution No, 7393, authorizing execution of an R -7393 amendment to agreement between the City of Newport Beach and Tallmantz Aviation, Inc. ; for an increase in the hourly rate for service and maintenance of Motion x police helicopters, was adopted after the reading of Ayes x x x x x x x the resolution was waived by unanimous consent of the Council. 8. A report was presented from the Newport Beach City City Arts Arts Committee regarding the Third Annual Newport Festival Beach City Arts Festival on April 25, and. requesting Council to grant a purchase prize of $300_ Administrative Intern Gino Gaudio gave a brief staff report, The appropriation of $300 for a purchase prize for Motion x the Third Annual Newport Beach City Arts Festival Ayes x x x x x x x was approved. • Volume 25 - Page 81 t/ rs COUNCILMEN f� Po s o o o iyy y � q� BOG O�9N ROLL CALL p y"P C CITY OF NEWPORT BEACH March 22, 1971 MINUTES INDEX 9• A letter from the Parks, Beaches and Recreation City -own ed Commission regarding surplus City -owned land at the Prop 43r d/ • intersection of Lake and 44th Street and re-commending e River that this parcel be retained by the City for future park Motion x purposes was referred back to the Parks, Beaches an Ayes x x x x x x x Recreation Commission for clarification of location. 10. A petition signed by 40 members of the Shore Cliffs Beach Property Owners Association asking their Board of Closing Directors to request the City Council to amend the present 12:00 P. M. beach closing ordinance to in- clude Beach No. 3 in the 10:00 P. M. closing restrictions which presently apply to Corona del Mar State Beach was presented. Motion x The City Attorney was instructed to prepare an ap- Ayes x x x x x x x propriate amendment to the present ordinance, CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes x x x x x x firming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered • filed: Copy of a letter to Chief of Police B. James Glavas commending him on the excellent job he is doing as Chief of Police and for his fine department. Card from Mrs. Maria G. Goen protesting inadequate enforcement of leash law on beaches and asking that dogs be banned from the City beaches. Letter from Margot Skilling commending City Clerk Laura Lagios for her efficiency in handling the Free- way election. Letter from C. B. Rosenthal urging Council to act quickly and positively and as the voters have requested in connection with the freeway referendum held March 9, 1971. Letter from Irvine Company stating its position on two Civic matters relating to the sale by the City to Orange Center County of two parcels of property within the Civic Center site in Newport Center. Notice from Assemblyman Henry A. Waxman of two • public hearings to be held in March by the Assembly Volume 25 - Page 82 COUNCILMEN 3f,��' °200 y� c+�'�,�'o °.nya ��y FyN 4 � (NQL ROLL CALL w CITY OF NEWPORT BEACH March 22, 1971 MINUTES INDEX Committee on Elections and Reapportionment on the 1971 reapportionment of Legislative, Congressional • and State Board of Equalization districts. Letter from City of Costa Mesa enclosing resolution opposing application before Public Utilities Com- mission requesting rate increase by Southern Cali- fornia Edison Company. Letter from the County Clerk notifying that a notice City of of intention to circulate a petition seeking the incorpo- Irvine ration of the City of Irvine has been filed with the Clerk of the Board of Supervisors. - Notice from Local Agency Formation. Commission of hearing March 24 in connection with proposed annex- ation to County Service Area No. 7, University of California, Irvine Annexation No. 1, being a portion of University Drive - easterly of MacArthur Boulevard. Notice from Southern California Comprehensive Health Planning Council of public hearing of its Ad Hoc Health Facilities Review Committee on proposed new or expanded health facilities on March 30. Agenda of Board of Supervisors' meetings held March • 9, 10, 16 and 17, 1971. Letter from California Water Resources Association enclosing a letter to two critics of the Delta Peri- pheral Canal by which the Association seeks "to place in proper perspective the importance of this project to all Californians. It League of California Cities Legislative Bulletin dated February 22, 1971. Z. The following communications were referred as indicated: Referred to Planning Commission for inclusion with Residentia current study, copy of a letter to the Zoning Adminis- Parking trator from M. C. Johnson, President, West Newport Improvement Association, opposing change in the zoning for automobile parking space requirements for residential use. Referred to staff for reply, letters protesting the Business increase in the business.license fees from Burger License Quality Upholstery and Mrs. Kay Krause, and from Fred Russell Company with reply from the License • Supervisor. Volume 25 - Page 83 COUNCILMEN ;ta2oo� 2�ooa�aoorp s`9 ��iP Z ROLL CALL CITY OF NEWPORT BEACH March 22, 1971 MINUTES INDEX Referred to Upper Newport Bay Cooperative Planning Fossil Committee, letter from Southern California Paleon- Beds • tological Society signed by twenty -one members asking that the Back Bay area be set aside for future study and collecting of fossil deposits. Referred to Upper Newport Bay Cooperative Planning Fossil Committee, letter from Mr. and Mrs. Mark Matheny, Beds Southern California Paleontological Society, regarding saving the Eastbluff fossil beds. Referred to Upper Newport Bay Cooperative Planning Upper Committee, letters urging preservation of Upper Newport Newport Bay from Henry and Bernice Gelmore, Mr. Bay and Mrs. A. L. Turngard, Dr. Byron Edwards and Rob Mefferd. Referred to Upper Newport Bay Cooperative Planning Upper Committee, letters urging support of Supervisor Newport Caspers' efforts to establish a National Wildlife Bay Refuge in Upper Newport Bay from Mrs. Dora Nell Hedricks, Celia Kutcher, Kate M. Blacet, .Mrs. Robert Umstead and Karen Leamon. Referred to Upper Newport Bay Cooperative Planning Upper Np • Committee, excerpt from Minutes of Board of Super- visors meeting of March 9 indicating appointment of Bay Coop Ping Cmt, Supervisor Ronald W. Caspers to the Upper Newport Bay Cooperative Planning Project to represent the Board of Supervisors. Referred to Environmental Quality Control Committee, Pollution letter from City of Yorba Linda with copy of its resolution regarding the problem of litter and waste disposal created by the sale of beverages in disposable non - returnable containers. Referred to Environmental Quality Control Committee, Pollution letter from League of California Cities acknowledging receipt of Newport Beach's Resolution No_ 7372 regarding the requirement of a deposit on all dispos- able containers of malt and carbonated beverages and indicating that the League's Board of Directors had expressed a similar concern for finding practical solutions to this problem at their meeting in Sacra- mento in January. Referred to Environmental Quality Control Committee, Air copy of letter to Orange County Air Pollution Control Pollution District from William E. Burke protesting increased odors and air pollutants in the Newport Beach area. Volume 25 - Page 84 COUNCILMEN 3��+s -c+oq 2�ocy�AQOr� Nay ROLL CALL CITY OF NEWPORT BEACH March 22, 1971 MINUTES INDEX Referred to Pending Legislation Committee, letter Nicholas, from Los Angeles Memorial Coliseum Commission Wm H. regarding testimonial dinner for William H. Nicholas, General Manager of the Los Angeles Memorial Coliseum and Sports Arena on March 30.. Referred to staff for reply, letter from Mrs. Laura PB &R Martin, Special Activities Instructor, Dog Obedience classes, for the City of Newport Beach, regarding terms of her employment. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7394 authorizing execution of a quit- Pacific claim deed to The Irvine Company for Pacific View View Dr Drive ingress and egress easement, located between Q/C San Joaquin Hills Road and Lincoln Middle School. R -7394 (A report from the Public Works Director was pre- sented.) Resolution No. 7395 authorizing execution of an UP 1482 agreement between the City of Newport Beach and R -7395 Swan Constructors, Inc. , for the construction of • street improvements in connection with Use Permit No. 1482, located easterly of Lafayette Avenue be- tween Lido Park Drive and 32nd Street. (A report from the Public Works Director was presented. ) Resolution No. 7396 authorizing execution of an Resub 289 agreement between the City of Newport Beach and The R -7396 Irvine Company, subdivider, for the construction of improvements in Resubdivision No. 289. (A report from the Public Works Director was presented.) Resolution No. 7397 authorizing execution of Notice of Tr 7083 Covenants, Conditions and Restrictions in connection CC &R's with development of Tract No. 7083. (A report from R -7397 the City Attorney was presented. ) 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insurance carrier was confirmed: Claim of Doris F. Flores for personal injuries Flores allegedly sustained when she fell on a sidewalk in Corona del Mar on February 5, 1971. • Volume 25 - Page 85 COUNCILMEN �� 9a % nP °a 03 0 <9 Oyu' y N$ ROLL CALL CITY OF NEWPORT BEACH March 22. 1971 MINUTES INDEX Claim of Mrs. Florence E. Anderson for personal Anderson • injuries allegedly sustained when she fell on March 1, 1971 on Pacific Coast Highway at Orchid. 5. The following report from the City Attorney was pre- sented for Council information and was ordered filed: Opinion regarding possible impact of Federal environ- Pac Coast mental legislation on the coastal freeway. Fwy 6. The public improvements constructed in conjunction Resub 282 with Resubdivision No. 282 (located on Anacapa Drive, formerly Santa Catalina Drive, southerly of Newport Center Drive East)-were accepted, the City Clerk was authorized to release Letter of Credit No. 43364 for Faithful Performance and the City Clerk was author- ized to release Letter of Credit No. 43342 for Labor and materials in six months provided no claims have been filed. (A report from the Public Works Director was presented. ) 7. The expense account of City Manager Harvey Hurlburt in connection with attendance at the International City Managers' Association Conference in San Jose on March 23 -26, 1971 was approved. • 8. The following Budget Amendment was approved: BA -68 $2, 800 transfer of Budget Appropriations for construction of sewer laterals in 32nd Street, from Sewers- Maintenance and Repair Materials #5532 to Sewer Laterals - 32nd Street #02- 5568 -258. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter dated March 10, 1971 from Nettie L. Cress- Sewer man stating that the postponement of replacing the Line /CdM sewer line on the lot at 187 Shore Cliff Road, Corona del Mar, poses a threat to her property and requesting that a high priority be given to the matter, was re- Motion x ferred to the Public Works Department and, to the City Ayes x x x x x x x Clerk for filing as an official record. 2. A letter from the Parks, Beaches and Recreation Balboa Commission requesting Council reconsideration of Blvd the widening of Balboa Boulevard between 32nd Street Widening and Pacific Coast Highway because of the complex parking problem and the extensive damage that would • result to 38th Street Park was presented. Volume 25 - Page 86 COUNCILMEN �.� 1'O 09 00 9 y -1, C �O N ?�o sC9 �yir Z Y� No ROLL CALL a Motion Wye Motion Ayes *otion yes i� CITY OF NEWPORT BEACH March 22, 1971 MINUTES x The Mayor was authorized to write to the Parks, x x x x x x x Beaches and Recreation Commission advising that the matter will be discussed at a future City Council Study Session, and members of the Commission and the Parks, Beaches and Recreation Director will be asked to attend to go over the matter with the Council. ADDITIONAL BUSINESS: 1. Formal acceptance of the resignation of City Manager Harvey Hurlburt: The resignation of the City Manager, effective May 21, x 1971, was accepted with regret; appointment of the x x x x x x x Assistant City Manager, Mr. Philip Bettencourt, as Acting City Manager, was approved effective April 5, 1971; Mr. Hurlburt was retained as Administrative Consultant to the City from April 5 to May 21 at his regular salary and benefits, and the City Attorney was directed to draw the necessary documents and the Mayor was authorized to sign for the City; and the staff was directed to begin the recruiting process immediately. x The meeting was adjourned at 10:15 P.M. xxxxxxx Mayor ATTESTT ity Clerk Volume 25 - Page 87 INDEX City Manager