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HomeMy WebLinkAbout09/30/1974 - Regular MeetingCOUNCILMEN 9 ppc O1 O (+n }PN c 0 'OA. Z \ \l a ROLL CALL CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: September 30, 1974 MINUTES INDEX Present x � x x x xlRoll Call. �t x Motion K The reading of the Minutes of the Regular Meeting of Sep - Ayes K x x x x x tember 9, 1974 was waived, and said Minutes were approved Absent x as written and ordered filed. I Motion K i The reading in full of all ordinances and resolutions under Ayes K x x x x x consideration was waived, and the City Clerk was directed Absent x to read by titles only. HEARINGS: 1. Mayor Pro Tem Dostal opened the public hearing in con- Weed nection with the Fall 1974 -75 Weed Abatement Program, Abatement in compliance with Resolution No. 8350. I A report was presented from the City Manager. Motion' II The hearing was closed after it was determined that no- Ayes K x x Ix x Xi one wished to be heard. Absent Ix Motion K Resolution No. 8354, ordering the Fire Chief to abate R -8354 Ayes K x x x weeds and other public nuisances existing upon streets, Absent ix x alleys, sidewalks, parkways and property within ,private the City, was adopted. • With the unanimous consent of the Council, Mayor Pro I2. Tem Dostal announced that the following three hearings would be combined into one public hearing; and he then opened the public hearing: The Tentative Map of Tract No. 8725 subdividing Tract 8725 170.3 acres into 101 numbered lots for single- family development, 13 numbered lots for condo- minium development, 2 numbered lots for public park sites, 3 numbered lots for private recreational sites, 7 numbered lots as landscape areas and 21 lettered lots for private streets, located in por- tions of Blocks 91, 92, 97 and 98 of Irvine's Subdivision, in area bounded by the existing Spy- glass Hill development and the Bren III development; New MacArthur Boulevard and the San Joaquin Reser- voir site, zoned P -C by the City and A -1 by Orange County; and acceptance of the environmental docu- I ment. � I Amendment to the Harbor View Hills Planned Com- Harb View munity Development Standards (Amendment No. 8) by Hills P -C reducing the permitted density in Area 11, updating the statistical analysis for Areas 11 and 15, and other general changes in the Land Use Map and P -C Volume 28 - Page 229 RO COUNCILMEN \%\%\Icll�\\i� \\ CITY OF NEWPORT REACH MINUTES 0 7 Zms�O LL CALL O6 N 0 Z at� September 30, 1974 Text, located easterly of New MacArthur Boulevard on both sides of the proposed extension of Spy- glass Hill Road adjoining the San Joaquin Reser- voir, zoned P -C in the City and A -1 in the County. Ordinance No. 1581, being, PI: Ha AN ORDINANCE OF THE CITY OF NEWPORT BEACH H1 PREZONING UNINCORPORATED TERRITORY LOCATED Se EASTERLY OF NEW MACARTHUR BOULEVARD AND THE 0_ PROPOSED EXTENSION OF SPYGLASS HILL ROAD ADJOINING THE SAN JOAQUIN RESERVOIR, ADJACENT TO THE CITY OF NEWPORT BEACH, IN THE EVENT OF SUBSEQUENT ANNEXATION, Planning Commission Amendment No. 437, request of The Irvine Company to prezone 6.29 acres of.un- incorporated territory to the Planned Community District; A -1 County zoning. A report from the Community Development Department was presented with a report from the Fire Chief and with a copy of a letter from the Parks, Beaches and Recre- ation Commission to the Planning Commission recom- mending that the 12 -acre canyon in Spyglass Hills which has been offered to the City by The Irvine Com- pany for open space purposes remain undeveloped for the present; in connection with the Tentative Map of Tract 8725. A letter from The Irvine Company requesting elimination of or amendment to seven of the conditions attached to the Tentative Map of Tract 8725 as recommended by the Planning Commission, was presented. A letter was received after the agenda was printed from the Unified School District to the City Manager in connection with Tract 8725 stating that the District does not intend to change the school boundaries between the Newport -Mesa Unified School District and the Irvine School District to include the entire area in one school district. A report was presented from the Community Develop - went Department regarding the Harbor View Hills Planned Community Development Standards (Amendment No. 8) and Ordinance No. 1581. lotion C David Neish, Manager of Planning Administration with eyes C K x x x x The Irvine Company, addressed the Council and was ibsent x granted ten minutes for his presentation. Gary Cook, Project Manager with The Irvine Company, and Don Simpson, engineer of the project, addressed the Council. Volume 28 - Page 230 f kN 8T:*3 •ezoning Lrb View .11s ctor IV • 1581 COUNCILMEN \\\ \ \. CITY Of NEWPORT BEACH MINUTES ROLL CALL a 9f 0 Z a pm Se' tember,30j 1974 INDEX Parks, Beaches and Recreation Director Cal Stewart • gave a brief staff report on the nature park. Dr. Fred Sawyer, from the consultant firm Environmental Analysis Foundation who prepared the EIR for this development, addressed the Council regarding the noise factor.. Raymond R. Schnierer, Business Manager of the Newport - Mesa Unified School District, addressed the Council regarding the split school district boundaries. Walt Heeley, on behalf of the homeowners in the area, .and Ron Robison, ..Vice President of Spyglass Hill Community Association, addressed the Council and requested that the location of the Spyglass Hill Road extension be changed. Motion K Mr-Keeley was granted an additional ten minutes for Ayes x x x x x I his presentation. Absent x Motion x The hearing was closed. Ayes x x x x Absent x Councilman Kuehn made a motion to continue the hearing to October 15. • Mayor Pro Tem Dostal ruled that Councilman Kuehn's motion was out of order because the hearing had already been closed. Motion x Councilman Store made a motion to refer all three items back to the Planning Commission for additional review and recommendation regarding: (1) the school problem; (2) Spyglass Hill Road, specifically (a) slope re- duction, (b) canyon fill reduction, and (c) noise and light impact reduction; (3) changes and deletions re- garding the paseo resulting from the Planning Com- mission's public hearing to be held October 17, 1974 on the proposed amendments to the Open Space Element of the General Plan; (4) cost benefit figures for the proposed six -acre annexation; and (5) private com- munity concept. Mayor Pro Tem Dostal asked Councilman Store to amend his motion to include the adequacy of the required acoustical study in regard to the military helicopter route and the traffic signal at Ford and New MacArthur, which amendments were accepted by Councilman Store. Councilman Ryckoff asked Councilman Store to amend his motion to include wilderness canyon alternatives and the review of the Environmental Impact Report with respect to power availability, which amendments were r • accepted by Councilman Store. Volume 28 - Page 231 COUNCILMEN 'A m ROLL CALL L_J Motion Ayes Noes Absent Motion Ayes Absent Ayes Noes Absent • Motion Ayes Absent CITY OF NEWPORT_ BEACH MINUTES SAN r 9r N =Z �opF September 30, 1474 Mayor Pro Tem Dostal asked David Neish if he would waive the procedure requiring the Council to take definite action after the hearing was closed. David Neish, Manager of Planning Administration with The Irvine Company, stated that he agreed to the matters, including the Tentative Map, being referred back to the Planning Commission, and stipulated that they were agreeable to the matters being heard by the Council at a later time. x Councilman Kuehn made a substitute motion to reopen x x x I the public hearing, which motion carried. x x David Neish addressed the Council regarding the amend- ments to Councilman Store's motion. x The public hearing was reclosed. X x X X x x x x N A vote was taken on Councilman Store's amended motion, x which motion carried. x ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1583, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.12.060 TO THE NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A PARKING PERMIT SYSTEM FOR THE PACIFIC COAST HIGHWAY CITY PARKING LOT, formerly Hoag Hospital temporary parking lot leased from the State, was presented for second reading. x Ordinance No. 1583 was adopted. x x x x 31 x CONTINUED BUSINESS: 1. Proposed Ordinance No. 1584, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.12.320 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE ENGLISH - SPEAKING RE- QUIREMENT IN CONNECTION WITH DRIVER'S PERMIT APPLICATIONS, with Alternate "A" deleting ability to speak the English language as a prerequisite for obtaining a Permit from the Chief of Police to drive a taxicab or Volume 28 - Page 232 INDEX Pacific Coast Hwy City Prkg Lot 0 -1583 Ambulances/ Taxis INDEX Pacific Coast Hwy City Prkg Lot 0 -1583 Ambulances/ Taxis COUNCILMEN CITY OF NEWPORT BEACH p m 4� n }� 22G ppmNa �PTy11aA ROLL CALL_ N* N 2 a m September 30, • Motion Ayes Noes Absent Motion Ayes Absent Motion A. f n o nt X X 1974 A report was presented from the City Manager. MINUTES Councilman Ryckoff made a motion to table the proposed ordinance, which motion failed to carry. Ordinance No. 1584, retaining the original requirement for drivers of taxicabs and ambulances to be able to speak the English language, but amending the required license issued by the Motor Vehicle Department to be a driver's license rather than a chauffeur's license, was introduced and passed to second reading on October 15, 1974. A report was presented from the Community Development Department regarding the request of Corolido Community Association to establish the name of "Shorecrest Lane" to the alley paralleling the north side of East Coast Highway between Seaward Road and Morning Canyon Road in Corona del Mar and regarding street numbering of the alley. 1584 Shorecrest Lane Resolution No. 8355, establishing the name of the alley I R -8355 between Seaward Road and Morning Canyon Road as "Shore- crest Lane," was adopted; and the following ordinance was introduced and passed to second reading on Octo- ber 15: Ordinance No. 1585, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 13.12.205 TO TITLE 13 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "NUMBERING - SHORECREST LANE, SEAWARD ROAD TO MORNING CANYON ROAD." Councilman Ryckoff stated for the record that he supported the above action with the understanding that Shorecrest Lane will retain alley status as far as maintenance and parking are concerned. Anne Brummett addressed the Council regarding cleaning of the alley. 0 -1585 Resolution No. 8356, authorizing execution of an agree- Pacific ment between the City of Newport Beach and the Depart- JCoast Hwy ment of Transportation for leasing of certain State- JPrkg Lot owned lands formerly used by Hoag Hospital as a tempo- R -8356 rary automobile parking lot, was presented. A report was presented from the City Manager. Margot Skilling addressed the Council and protested the City's leasing subject property. Mrs. Skilling was granted an additional two minutes for her presentation. Volume 28 - Page 233 Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Ix CITY OF NEWPORT BEACH 1974 MINUTES Harry Kamph addressed the Council in favor of subject agreement. Resolution No. 8356 was adopted. 4. A report from the Department of Community Development regarding proposed revised Archaeological Guidelines and Procedures for the City of Newport Beach was post- poned to November 11. BUSINESS: 1. A letter from Erwin deMocskonyi and Valerie B. Avellar requesting that their request for the Bay Knolls area to be annexed into the City of Newport Beach be re- ferred to the Planning Commission for its report and recommendation pursuant to the procedures for annex- ation of inhabited territory as set forth in the Annexation Act of 1913 was presented. Subject request was referred to the Planning Commission for report and recommendation. A letter from Dr. Wilson Little resigning from the Board of Library Trustees due to his health was pre- sented. Dr. Little's resignation was accepted with regret; and appointment of a member to fill his unexpired term was postponed to October 15. A letter from Sue F. Wilson Petroff resigning from the City Arts Commission and as Chairman of the Bicentenni Committee due to moving out of the area was presented. Sue F. Wilson Petroff's resignation was accepted with regret; and Councilman Barrett's appointment of Carolyn Dunn to fill the unexpired term of Mrs. Petroff ending June 30, 1976 was confirmed. A letter from the League of California Cities regarding the City's voting delegate and voting alternate for the Annual League Conference in Los Angeles'on October 20 -23 was presented. Mayor Donald A. McInnis was designated as the voting delegate and Mayor Pro Tem Milan Dostal as the voting alternate for the 1974 Annual League Conference. A report from the Citizens' Environmental Quality Control Advisory Committee regarding research on dangers of fluorocarbons, as reported by Dr. F. S. Rowland and Dr. Mario Molina, UCI, and requesting Volume 28 - Page 234 INDEX Archaeo- logical Guidelines Annex 80 Board of Library Trustees City Ants Cmsn League of Calif Cities Conf Air Pollution COUNCILMEN P 9 ��,FO psi \ PN T 9r ROLL CALL iP1 • Motion x Ayes X x x : Absent x Motion Ayes x x Absent x Motion Ayes Absent • Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent Ix CITY OF NEWPORT BEACH 1974 MINUTES Harry Kamph addressed the Council in favor of subject agreement. Resolution No. 8356 was adopted. 4. A report from the Department of Community Development regarding proposed revised Archaeological Guidelines and Procedures for the City of Newport Beach was post- poned to November 11. BUSINESS: 1. A letter from Erwin deMocskonyi and Valerie B. Avellar requesting that their request for the Bay Knolls area to be annexed into the City of Newport Beach be re- ferred to the Planning Commission for its report and recommendation pursuant to the procedures for annex- ation of inhabited territory as set forth in the Annexation Act of 1913 was presented. Subject request was referred to the Planning Commission for report and recommendation. A letter from Dr. Wilson Little resigning from the Board of Library Trustees due to his health was pre- sented. Dr. Little's resignation was accepted with regret; and appointment of a member to fill his unexpired term was postponed to October 15. A letter from Sue F. Wilson Petroff resigning from the City Arts Commission and as Chairman of the Bicentenni Committee due to moving out of the area was presented. Sue F. Wilson Petroff's resignation was accepted with regret; and Councilman Barrett's appointment of Carolyn Dunn to fill the unexpired term of Mrs. Petroff ending June 30, 1976 was confirmed. A letter from the League of California Cities regarding the City's voting delegate and voting alternate for the Annual League Conference in Los Angeles'on October 20 -23 was presented. Mayor Donald A. McInnis was designated as the voting delegate and Mayor Pro Tem Milan Dostal as the voting alternate for the 1974 Annual League Conference. A report from the Citizens' Environmental Quality Control Advisory Committee regarding research on dangers of fluorocarbons, as reported by Dr. F. S. Rowland and Dr. Mario Molina, UCI, and requesting Volume 28 - Page 234 INDEX Archaeo- logical Guidelines Annex 80 Board of Library Trustees City Ants Cmsn League of Calif Cities Conf Air Pollution ROLL CALL Motion nt Motion Ayes Absent • NCILMEN CITY Of NEWPORT BEACH MINUTES INDEX x the City Council to call upon the appropriate govern - x x mental entities to evaluate Dr. Rowland's report, was ordered filed. Valerie Murley, Chairman of the Citizens' Hnviron- mental Quality Control Advisory Committee, addressed the Council. 6. A report was presented from the Public Works Director Tracts 7386 regarding public improvements in Tract,Nos. 7386 and & 7844 7844, located northeasterly of San Joaquin Hills Road and Spyglass Hill Road. The public improvements constructed to date in Tract x x N Nos. 7386 and 7844 were accepted; the City Clerk was authorized to release Faithful Performance Bonds; the City Clerk was authorized to release the Labor and Materials Bonds in six months provided that no claims have been filed; and the following resolutions were adopted: Resolution No. 8357 authorizing the execution of R -8357 an agreement with John D. Lusk dba Spyglass Hill, subdivider, guaranteeing completion of the re- maining public improvements required with the development of Spyglass Hill, Tract No. 7386. Resolution No. 8358 authorizing the execution of R -8358 an agreement with John D. Lusk dba Spyglass Hill, subdivider, guaranteeing completion of the remaining public improvements required with the development of Spyglass Hill, Tract No. 7844. Resolution No. 8359 authorizing the execution of R -8359 , an agreement with John D. Lusk dba Spyglass Hill, subdivider, guaranteeing completion of the remaining unconstructed portions of the paseo system improvements required in the Spyglass Hill development, Tract Nos. 7511, 7844 and 7386. 7. A report was presented from the Community Develop- General ment Department regarding requested General Plan Plan Amendments. A letter from The Irvine Company requesting that an amendment to the General Plan be considered at the Planning Commission's public hearings on General Plan Amendments to change the area along Pacific Coast Highway easterly of Jamboree Road from Low Density Residential to Administrative, Professional and Financial Commercial, was presented. William Gold, President of the Balboa Peninsula Point Association, and Harry Kamph speaking in behalf of Shirley Moore, President of a Citizens to Protect the Peninsula Environment, addressed the Council re- questing a Planning Commission hearing regarding 1319 East Balboa Boulevard. Volume 28 - Page 235 COUNCILMEN CITY OF NEWPORT -BEACH ROLL CALL September 30, 1974 Motion ent Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent • Motion Ayes Absent • MINUTES Harry Kamph was granted three additional minutes for his presentation. Brion Jeannette, architect, and Dan Connelly, devel- oper of the property at 1319 East Balboa Boulevard addressed the Council urging that no further action be tak`an on this property. The Planning Commission's decision against setting four of the requested General Plan Amendments for public hearing was upheld, and it was directed that the requests be returned to the originators without further action. 8. A report from the City Arts Commission regarding acquisition of the old Harbor Day School on 5th Avenue in Corona del Mar was postponed until a decision is made on whether the City should or should not acquire the property. 9. A report was presented from the City Manager regarding the audit of the State Tidelands Grant. The audit report from the State Lands Division was received and ordered filed,with the understanding that (a) the staff will meet with the State author- ities to work out details if necessary for "bunching" receipts and for preparing allocation system for expenses on tidelands, (b) the staff will resubmit the list of capital improvement projects to the State, (c) the lease with all of the Balboa Bay Club improve- ments, except slips, are on uplands and that the lease does not provide for unilateral adjustment of rents, and (d) the staff will await the receipt of a formula from the Division of State Lands to compute the value of an offshore mooring fee. A letter from the Orange County Health Planning Council stating that they have revised their By -Laws reducing the Board of Directors from 74 to 27 members, and have created an Assembly of Delegates to supple- ment the membership on the Board of Directors; and requesting that the City of Newport Beach formally appoint a representative to the Orange County Health Planning Council's Assembly of Delegates, was pre- sented. An additional letter from the Orange County Health Planning Council was received after the agenda was printed requesting nominations for their Board of Directors. The above letters were postponed to October 15 for clarification from staff. Volume 28 - Page 236 Harbor Day School Property Tidelands OrCo Health Ping Council COUNCILMEN CITY OF NEWPORT BEACH opA m�paa1 �pm0 ROLL CALL n A Absent • 0 MINUTES t p� 9t a SZ a pF September 30, 1974 CONSENT CALENDAR: The following items were approved by one motion affirming x x x the actions on the Consent Calendar: X 1. The following ordinance was introduced and set for public hearing on October 15, 1974: Proposed Ordinance No. 1586, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICTING MAPS NOS. 49 AND 60, Planning Commission Amendment No. 438, request of the Newport Harbor Chamber of Commerce to rezone property located on the southeasterly corner of Jamboree Road and Santa Barbara Drive in Newport Center from the P -C and Unclassified Districts to the A -P District. (A report from the Community Development Department was presented.) 2. The following ordinances were introduced and passed to second reading on October 15, 1974: Proposed Ordinance No. 1587, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.34 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "WATER WELL STANDARDS," as required by the Santa Ana Region Water Quality Control Board. (A report from the Public Works Director was presented.) Proposed Ordinance No. 1588, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.08.010 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO DRESSING IN PUBLIC PLACES. (A report from the City Attorney was presented.) 3. The following resolutions were adopted: Resolution No. 8360 opposing the proposal of the United States Department of Interior to drill new oil wells over the coast of Southern California. Resolution No. 8361 approving the destruction of certain records. (A report from the City Clerk was presented.) Resolution No. 8362 authorizing the execution of a reimbursement agreement between the City of Newport Beach and Newport -Mesa Unified School District, providing for the lighting of a sports field at Lincoln School and four tennis courts at Corona del Mar High School, and repealing Resolution No. 8114. (A report from the Parks, Beaches and Recreation Director was presented.) Resolution No. 8363 awarding a contract to J. B. Crosby Company for improvement of Big Canyon Reservoir Perimeter Service Road, Contract No. 1645. (A report from the Public Works Director was presented.) Resolution No. 8364 designating an intersection at which vehicles are required to stop and directing the Volume 28 - Page 237 INDEX )ist Maps 19 &60 ) -1586 dater Well standards ) -1587 Dressing in Public Places D -1588 Dil Well Drilling/ Dffshore R -8360 Record Destruction R -8361 CdM Tennis Courts/ Lincoln School Sports Field Lighting R -8362 Big Canyon Sery Rd Imprmts R -8363 Stop Signs R -8364 ROLL CALL • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES 9ffl_&�Nl \September 30, 1974 INDEX Traffic Engineer to erect necessary stop signs (62nd Street at Cedar Street), requiring all vehicles to stop at said `intersection. (A report from the Public Works Department was presented.) 4. The following communications were referred as indi- cated: Referred to staff for inclusion in study, copy of letter from Norma A. Miller Sutter to the Community Development Director opposing the construction of a three -story house next door to her on Buena Vista. Referred to staff for reply, letter from Ira L. Pomeroy, M.D. protesting a traffic ticket he received in the City. Referred to Personnel, letter from the Secretary of the Senate enclosing a copy of Senate Concurrent Resolution No. 91 relative to native American Indians. Referred to staff for reply, letter from Ed Richardson suggesting the Council adopt a policy of no surfing on Saturday and Sunday. Referred to staff for review and recommendation, letter In -lieu from Mackerel Flats Restaurant requesting that the Prkg parking fee be on a pro rata basis. 5. The following communications were referred to the City Clerk for filing and inclusion in the records: Letter from Ray E. Williams expressing his appreci- ation on being selected to serve on the Newport Beach Planning Commission. Letter from Harlan C. Erickson opposing the City's OrCo stand against parking expansion at Orange County Air- Airport port. Agenda for Board of Supervisors meetings held Septem- ber 10, 11, 17, 18, 24 and 25, 1974. Letter addressed to the Mayor from R. W. Mapel com- mending the trash collectors for doing a great job. Letter from Thomas H. Blandi expressing appreciation for the bicycle pads installed on Seashore Drive and for the effective Police patrol of Seashore Drive. Copy of a letter to the Traffic Engineer from Newport Hills Community Association thanking him for his explanations, facts and open- mindedness at their meeting on August 14, 1974. Letter from Cliff Haven Community Association expressing Kings Rd appreciation for Council approval of the purchase of View Park the Kings Road lots for a view park. Volume 28 - Page 238 ILMEN ROLL CALL • \J CITY OF NEWPORT BEACH 30 MINUTES Copy of a letter to the City Manager from the California Highway Commission acknowledging receipt of Resolution No. 8347 requesting that they expedite construction of the Pacific Coast Highway Bay Bridge and assuring that the Commission will give this project every consideratioi in the development of its future Planning Programs amd Budgets. Excerpt of Minutes of Board of Supervisors meeting of September 10, 1974 authorizing AHFP agreement with the City for construction on Ford Road between Jamboree and MacArthur. Notice from City of Irvine of public hearing on Septem- ber 24 regarding zoning change on property located northeasterly of Irvine Boulevard and lying along the easterly and westerly sides of Yale Avenue extended in the north Irvine area. Notice from City of Irvine of public hearing on Septem- ber 24 regarding zoning change on property located easterly of Culver Drive, southerly of the William R. Mason Regional Park and University Drive, and lying along the northerly side of Campus Drive in the central Irvine area. Resolution of the City of Costa Mesa designating the w of September 21 through 26, 1974 as California General Aviation Week. Resolution of Garden Grove endorsing the Assessment Treatment Services Center and encouraging the County to provide the necessary funding. Resolution of Riverbank urging opposition to Proposition 1117 on the November 1974 ballot which would stop the construction of the New Melones Dam. Letter from Stockton East Water District urging oppo- sition to Proposition 1117. Resolution of Board of Supervisors urging attendance at the October Conference on Economic Outlook 1975. Resolution of Board of Supervisors regarding the pro- viding of police protection services to agencies by contracting. Resolution of Board of Supervisors authorizing contract with Orange County Manpower Commission to serve as Pro- gram Agent for certain cities, including Newport Beach, for the administration of CETA, Title II funds. Letter from State Department of Transportation enclosing copy of a resolution which modifies the procedure to be followed when the State Legislature deletes an uncon- structed adopted freeway route from the Freeway and Expressway System. Volume 28 - Page 239 INDEX Pac Coast Hwy Bay Bridge Ford Rd/ Jamb - MacArthur CETA COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL September 30 1974 INDEX Letter from State Department of Transportation informing of deadlines established for Federal Aid Urban (FAU) • projects. Notice of preheating conference before the Public Utilities Commission in the application of Greyhound Lines, Inc. for authority to publish automatic labor - cost adjustment tariff provision. 6. The following claims were denied, and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Joseph H. Delgado for damage to his pick -up Delgado truck in the City Yard on July 25, 1974, allegedly caused when it was struck by A City vehicle. Claim of Kristin Van Huysen for loss of personal pro- Van Huysen perty at Newport Harbor High on August 22, 1974 while employed by the City as a swimming instructor. Claim of Penelope V. Mecca for personal injuries re- Mecca ceived when she was engaged in receiving a tennis lesson as a participant in the City's recreation pro- gram on June 24, 1974, alleging her injury was due to negligence on the part of the City. Summons and Complaint for Damages of Phil A. Marineau, Marineau Case,No. 218677 in Orange County Superior Court. Claim of Overton, Lyman & Prince, attorneys for Walter Rau & Rau and Robert Rogers on behalf of their insurance Rogers carrier, for damages resulting from a boating accident at the Coast Highway bridge, allegedly due to negli- gence on the part of the City or some other governmental entity. Subrogation claim of Allstate in connection with damage Allstate to the car of their insured, Ronald McKenzie, at Pacific Coast Highway and Superior on August 19, 1974, which he allegedly received while driving in a construction area. Claim of LaVone A. Bullock for damage to her car in the Bullock City Hall parking lot on September 23, 1974, allegedly caused when a limb of a City -owned tree fell on her car. 7. The City.Clerk's referral of the following claim to the Litigation City Attorney was confirmed, and the City Attorney was authorized to take appropriate action necessary: Fortune Telling/ Summons and Complaint for Declaratory Relief of Barney Marino Marino, Case No. 218508 in Orange County Superior Court in connection with the City's fortune - telling ordinance. 8. The following requests to fill personnel vacancies were approved: (A report from the City Manager was pre- sented.) • One Police Officer in the Police Department to fill a position now vacant. Volume 28 - Page 240 ROLL CALL • • LMEN CITY OF NEWPORT BEACH MINUTES a( N"k00 INDEX September 30, 1974! One Police Emergency Equipment Dispatcher in the Police Department to fill a position now vacant. One Police Clerk I in the Police Department to fill a position now vacant. Three Refuse Crewmen in the General Services Department to fill positions now vacant. One Groundsman Gardener I in the Parks, Beaches and Recreation Department to fill a position to be vacant. One Administrative Assistant in the City Manager's offic fora position now vacant. 9. The following staff and committee reports were received and ordered filed: Report from Community Development Department regarding Noise recommendations of the Planning Commission in connection with noise ordinance. Memorandum from the City Attorney regarding Coastal EIR's Commission authority to require an EIR. Memorandum from the Chairman of the Citizens Environ- Pollution mental Quality Control Advisory Committee regarding litter management and solid waste management recom- mendations. 10. The following matters were set for public hearing on October 15, 1974: Consideration of adoption of the Noise Element of the General Newport Beach General Plan and acceptance of an Environ- Plan mental Impact Report (EIR /NB 74 -047). (A report from the Community Development Department was presented.) Tentative Map of Tract No. 8480 (Revised), revision of Tract 8480 a previously approved Tentative Map so as to subdivide 7.00 acres into four lots for residential condominium development where a one lot subdivision was originally proposed, portion of Block 55, Irvine's Subdivision located at the southeasterly corner of the proposed extension of Santa Barbara Drive and proposed San Clemente Drive in Newport Center, zoned P -C. (A report from the Community Development Department was presented.) Tentative Map of Tract No. 8762, subdividing 45.905 Tract 8762 acres into six lots for commercial development and one lot for a-common parking lot, located on property bounded by MacArthur Boulevard, Von Karman Avenue, Birch Street and Jamboree Road in Koll Center Newport, zoned P -C. (A report from the Community Development Depart- ment was presented.) Consideration of alley paving in Block 10, East Newport Alley (City block bounded by 6th Street, Island Avenue, Balboa Paving/ Blk 10 Volume 28 - Page 241 ROLL C • • 0 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ALL p� " IrW A O\September 30,_ 1974 INDEX Boulevard and Ocean Front) using the procedure of Chap- ter 27 of the Improvement Act of 1911. (A report from the Public Works Director was presented.) Consideration of alley paving in Block 331, Lancaster's Alley addition (City block bounded by 30th Street, 31st Street, Paving/ Villa Way and Newport Boulevard) using the procedure of Blk 331 Chapter 27 of the Improvement Act of 1911. (A report from the Public Works Director was presented.) 11. The expense account of Vice Mayor Dostal in connection with Board of.Directors' meeting of NOISE in San Jose on September 20 -21, 1974 was approved. 12. The public improvements constructed in connection with Tract 7845 Tract No. 7845, located easterly of New MacArthur Boule- vard between Spyglass Hill Road and Ford Road were accepted; and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public'Works Director was presented.) 13. The public improvements constructed in connection with Tract 7809 Tract No. 7809, located southeasterly of Ford Road and Jamboree Road in the Big Canyon Planned Community were accepted, and the City Clerk was authorized to release the Faithful Performance Bond and to release the Labor and Materials Bond in six months provided that no claims have been filed. (A report from the Public Works Director was presented.) 14. The following Budget Amendments were approved: (A report from the Finance Director to the City Manager regarding suggested inter -fund transfers at June 30, 1974 was presented) BA -72, $246,240.00 decrease in Fund Balance; transfer to Reserve for Stabilization, General Fund - closing entry. BA -73, $2,625.00 increase in Fund Balance; return to Fun Balance the 1973 -74 requirement of $97,322.50 and set up the 1974 -75 requirement of $94,697.50, Water Fund - closing entry. BA -74, $100,000.00 decrease in Fund Balance; transfer to Reserve for future water sources, Water Fund - closing entry. BA -75, $40,045.74 decrease in Fund Balance; transfer to Reserve for Off- Street Parking, Parking Meter Fund - closing entry. BA -76, $6,000.00 decrease in Fund Balance; transfer from General Fund to Reserve for Future Water Sources for partial payment of Advance - closing entry. Volume 28 - Page 242 COUNCILMEN \.\ 1v\ \ G \4. ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES OI *9r msz apm September 30,_ 1974 IP BA -77, $16,266.20 decrease in Fund Balance; transfer to Reserves for Surfboard Acquisition, Swimming Pool Re- imbursement, and Tennis Court Construction, Park and Recreation Fund - closing entry. BA -78, $3,303.03 increase in Fund Balance; increase in Budget Appropriations and increase in Revenue Estimates, Marinapark Fund - closing entry. BA -79, $511,047.20 decrease in Fund Balance; decrease in Budget Appropriations and increase in Revenue Esti- mates, Water Fund - closing entry. BA -80, $50,325.59 decrease in Fund Balance; decrease in Revenue Estimates, Water System Development Fund - closing entry. BA -81, $2.50 increase in Fund Balance, decrease in Budget Appropriations, Water Bond I &R Fund - closing entry. BA -82, $130,265.11 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Esti- mates, Building Excise Tax Fund - closing entry. BA -83, $60,160.07 decrease in Fund Balance, increase in Budget Appropriations, Capital Improvement Fund - closing entry. BA -84, $17,364.38 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Gas Tax Contributions Fund - closing entry. BA -85, $21,033.81 decrease in Fund Balance; decrease in Revenue Estimates, Tide & Submerged Lands Fund - closing entry. BA -86, $1,188.35 increase in Fund Balance; increase in Revenue Estimates, Parking Meter Fund - closing entry. BA -87, $45,869.79 increase in Fund Balance; increase in Revenue Estimates, Traffic Safety Fund - closing entry. BA -88, $103,428.93 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, Arterial Highway Financing Fund - closing entry. BA -89, $189,347.37 increase in Fund Balance; decrease in Budget Appropriations, and increase in Revenue Estimates, State Gas Tax Fund (Sec. 2106) - closing entry. BA -90, $11,050.57 increase in Fund Balance; decrease in Budget Appropriations, and decrease in Revenue Esti- mates, State Gas Tax Fund (Sec. 2107) - closing entry. BA -91, $25,435.82 increase in Fund Balance; increase in Revenue Estimates, Federal Revenue Sharing Fund - closing entry. Volume 28 - Page 243 40EX ROLL CAL • • COUNCILMEN CITY OF � a m P %C 0� o�A Z `mppm \40 � N September 30, 1 NEWPORT BEACH MINUTES BA -92, $15,514.67 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, Retirement Fund - closing entry. BA -93, $3,605.75 increase in Fund Balance; increase in Budget Appropriations and increase in Revenue Estimates, Library Fund - closing entry. BA -94, $9,293.79 increase in Fund Balance; increase in Budget Appropriations and increase in Revenue Estimates, Park and Recreation Fund - dosing entry. BA -95, $938,817.52 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, General Fund - closing entry. BA -96, $2,888.82 transfer of Unappropriated Surplus from General Fund to State Gas Tax (Sec. 2107) to cover deficit created by excess transfer for Maintenance Expenditures - closing entry. BA -97, $266,574.85 transfer of Unappropriated Surplus from General Fund to Federal Revenue Sharing Fund (as loan to cover cost of construction of Jamboree Police Facility to be repaid from 1974 -75 Federal Revenue Sharing Entitlement) to Capital Improvement Fund - closing entry. 1974 -75 Budget Amendments: BA -16, $760 for 100 copies of "Newport Bay, a Pioneer History" from Unappropriated Contingency Reserve to nondepartmental, Advertising and Public Relations, General Fund. BA -17, $32,000 transfer of Budget Appropriations from Right -of -Way Street Widening Projects to Construction of Irvine - Dover -19th Street Improvement, Gas Tax Fund. (A report from the Public Works Director was presented.) BA -18, $15,830 increase in Budget Appropriations and decrease Unappropriated Surplus for the development of Pacific Coast Highway parking lot from Reserve for Off - Street Parking Fund to various Departments, General Fund. REMOVED FROM THE CONSENT CALENDAR: A report was presented from the Public Works Department regarding parking restrictions on San Miguel and San Nicolas Drives in Newport Center. Motion Action was deferred on subject parking restrictions Ayes x x x x until such time as the Traffic Engineer feels there is Absent x a need for such restrictions. Volume 28 - Page 244 A INDEX Parking Prohi- bitions ROLL CALL r] Motion Ayes Absent Motion Ayes Absent Motion Ayes Absent 0 ILMEN CITY OF NEWPORT BEACH ADDITIONAL BUSINESS: MINUTES 1. Resolution No. 8365, approving assignment of an inter- est in the Balboa Bay Club leasehold estate by supple- mental deed of trust from Independence Mortgage Trust (successor in interest to USF Investors) to Citination- al Development Trust, was adopted. 2. A report was presented from the City Manager's office regarding the Airport Commission meeting of Septem- ber 24. The City Attorney was directed to file the appropriate documents in connection with the negative declaration regarding the Air West lease at Orange County Airport. The meeting was adjourned at 12:14 A.M. TIP " - ATTEST: City Clerk Volume 28 - Page 245 INDEX BBC R -8365