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HomeMy WebLinkAbout01/13/1975 - Regular MeetingCOUNCILMEN Sf p� \V\siitlpl Z REGULAR COUNCIL MEETING Place: Council Chambers Time; 7 :30 P M MINUTES ROLL CALL ��s 2 * 9r N1Z m Date: January 13 9 y 1975 INDEX aopF Present x x x x x 3 Roll Call. 0 The reading of the Minutes of the Regular Meeting of Motion x December 23, 1974 was waived, and said Minutes were Ayes E x x x x x 1 approved as written and ordered filed. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk was Ayes 1 x x x x x I directed to read by titles only. HEARINGS: 1. Mayor McInnis opened the continued public hearing Delaney's regarding the appeal of Francis M. Delaney from the Cannery decision of the Planning Commission denying Amendment Village No. 439 establishing a Planned Community Development Plan and Development Standards for Delaney's Cannery Village on the Lido Peninsula located at 700 Lido Park Drive on the south side of 28th Sreet, westerly of the prolongation of Lido Park Drive; zoned P -C; and proposed Ordinance No. 1595, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING A PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR DELANEY'S CANNERY VILLAGE (AMENDMENT N0. 439). A report was presented from the Community Development Department. A copy of a letter from Thomas Peckenpaugh, attorney representing Vard Wallace, to Donald W. Killian was presented regarding Mr. Wallace's residence adjacent to Delaney's Cannery Village. Letters from Esther Scherr, Nell Schutter, Dorothy Dudas, John B. Kingsley, Conrad Matthews, and Marion Olson, were presented opposing Delaney's Cannery Village. Letters addressed to Mayor McInnis from Frances McDonald, (Mrs.) Kathryn Stone, Florence Bowles, Dr. and Mrs. R. W. Lyster, Mr. and Mrs. A. Y. Von Zaller, Ruth D. Bradley, Edward Harkness, Frank L. and Dorothy B. Robertson, Neil H. Tucker, (Mrs.) Irene Elkey, and Gerry Rest were presented opposing Delaney's Cannery Village. Richard Dodd, architect for Delaney's Cannery Village, Motion addressed the Council and was granted ten minutes for Ayes x x x x x N his presentation. The following people addressed the Council and requested that the proposed Delaney's Cannery Village be approved: Dan Olmstead, Michael Healey, Robert Willits, Walter Gayner, Carl Key, Gordon Graham, Anne Bremmer, Leo Hahn, Harold Birnkrant, Paul Koch, Paul Ziesing as President of the Cannery Village Associa- tion, Donald W. Killian representing Delaney's Village,. and Francis Delaney. Volume 29 - Page 1 COUNCILMEN MINUTES LOLL CALL NN s v� N 2 l�M January 13, 1975 INDEX Motion x An additional two minutes were granted to Mr. Healey Ale x x x x x I for his presentation. The following people addressed the Council and requested that the proposed Delaney's Cannery Village be denied: John B. Kingsley representing the Moana Community Association, Clark Sweet, Goldie Joseph, Howard Beale, James Evans,.Victor Yack, Marilyn Arnold, Elizabeth Colleran, William Dudas, Leland Stone, Dorothea Majofsky, Erwin Sprengel, Eleanor D'Ambrogio, Vernon Hylton, Marion Olson, Bobbie Riddle, Malcolm D'Ambrogio, Claire Reed, Bill Williams, Shirley Evans, Marie Schullman, Alan Stoneman as attorney for the newly founded Lido Peninsula Com- munity Associations and Thomas Peckenoauah as attorney representing Vard Wallace. Motion Mr. Stoneman was granted twelve minutes for his Ayes x x x x x 1 2 presentation. Motion K An additional three minutes were granted to Mr. Ayes K x x x x x Y Stoneman. Motion Councilman Ryckoff made a motion to close the hearing. William Wright addressed the Council in opposition to the proposed Delaney's Cannery Village. 0 A vote was taken on Councilman Ryckoff's motion; and Ay K x x x x x x the hearing was closed after it was determined that no one else desired to be heard. Wes Pringle, President of Carommelin- Pringle and Associates, traffic consultant for the EIR, addressed the Council. Motion K Councilman Rogers made a motion to uphold the decision Ayes x of the Planning Commission, which motion failed to Noes x x x x x carry. Motion x Councilman Kuehn made a motion to overrule the decision of the Planning Commission and to introduce Ordinance No. 1595 and pass to second reading. Mayor Pro Tem Dostal asked that the motion be amended to include Councilman Store's recommendation that 7,500 square feet of the office and commercial space not be constructed until traffic studies were made after the development commences to be occupied, which amendment was accepted by the maker of the motion. Traffic Engineer Bill Darnell addressed the Council. Motion K Councilman Rogers made a substitute motion to refer Ayes,. . the matter back to the Planning Commission with the Nc x x x x x x recommendation that the Commission look at the square feet reduction, which motion failed to carry. Volume 29 - Page 2 R( COUNCILMEN MINUTES ALL CALL tin s � AF January 13,. 1975 INDEX A vote was taken on Councilman Kuehn's amended motion x,9 x x and the decision of the Planning Commission was x overruled; Ordinance No. 1595 was amended to restrict A N the construction of 7,500 square feet of office and commercial space from the project until a traffic count could be taken after 25 percent occupancy, and Ordinance No. 1595 was introduced as amended and passed to.second reading on January 27, 1975. (When the vote was called on this motion, Mayor McInnis' roll call voting switch was still on "no" from the previous vote; however his vote on this motion was intended to be an "aye" vote.) 2. Mayor McInnis opened the combined public hearings regarding (a), (b) and (c) as follows: (a) Ordinance No. 1581, being, Prezoning AN ORDINANCE OF THE CITY OF NEWPORT BEACH PREZONING UNINCORPORATED TERRITORY LOCATED EASTERLY OF NEW MAC ARTHUR BOULEVARD AND THE PROPOSED EXTENSION OF SPYGLASS HILL ROAD ADJOIN- ING THE SAN JOAQUIN RESERVOIR, ADJACENT TO THE CITY OF NEWPORT BEACH, IN THE EVENT OF SUBSE- QUENT ANNEXATION, Planning Commission Amendment No. 437, request of The Irvine Company to prezone 6.29 acres of unincorporated territory to the Planned Com- munity District; A -1 County zoning. (b) Harbor View Hills Planned Community Development Harbor Vis.. Standards Amendment No. 8, Planning Commission Hills PC Amendment No. 437, reducing the permitted Amendment density in Area 11, updating the statistical analysis for Areas 11 and 15, and other general changes in the Land Use Map and PC Text, located easterly of New MacArthur Boulevard on both sides of the proposed extension of Spyglass Hill Road; zoned PC. (c) Tentative Map of Tract No. 8725, subdividing Tract 8725 170.3 acres into 100 numbered lots for single - family development, 13 numbered lots for condo- minium development, 3 numbered lots to be developed as open space and public park sites, 3 numbered lots to be developed as private recreational sites, 7 numbered lots to be developed as landscape open space areas, and 21 lettered lots to be developed as private streets, bounded by the existing Spyglass Hill Boulevard and the San Joaquin Reservoir site; zoned PC within City limits and A -1 in County; and acceptance of the Environmental Impact Report. A report was presented from the Community Development Department regarding (a) and (b). A report was presented from the Community Development Department regarding (c). A letter from the Environmental Quality Control Citizens Advisory Committee was presented urging the Council to accept the dedication of the natural canyon adjacent to the extension of Spyglass Hill Road as public open space. Volume 29 - Page 3 COUNCILMEN \F�n w ;a�F9pm�e 01 � f _ O & MINUTES F OLL CALL s y S'A p January 13, 1225 INDEX A letter from the Spyglass Hill Homeowners' Asso- ciation was presented opposing the proposed road alignment of the extension of Spyglass Hill Road and urging the consideration of alternatives. A petition signed by approximately seventy homeowners of the Spyglass Hill Homeowners' Association was pre- sented in favor of the Planning Commission's rec- ommended relocation of Spyglass Hill Road, acceptance of the natural canyon and other Planning Commission recommendations. Letters addressed to Mayor McInnis from David and Dolores Myerscough and from Blanche and Serge Clayton were presented opposing the relocation of the Spyglass Hill Drive extension. A letter dated January 7, 1975 was received after the agenda was printed from The Irvine Company requesting changes to certain conditions recommended by the Planning Commission. i Frank Hughes, representing The Irvine Company, addressed the Council and reviewed the background of Motion the areas involved in the combined hearings, after Ayes x x x x X being granted fifteen minutes for his presentation. Motion Mr. Hughes was granted an additional five minutes. Ayes K x x x x Walter Heeley, representing the Harbor View Hills • Home Owners Association, addressed the Council and urged the approval of the E Plan for the realignment Motion of Spyglass Hill Road, after being granted twenty Ayes C x x x x N minutes for his presentation. James Roosevelt representing the Spyglass Hill Home- owners' Association and Valerie Murley representing the Environmental Quality Control Citizens Advisory Committee addressed the Council recommending the City's acceptance of the natural canyon and discussed the realignment of the Spyglass Hill Road extension. Mrs. Murley stated that as a private citizen she was opposed to the private community concept. It was agreed to consider seriatim the Planning Commissions' recommended conditions to be imposed on the Tentative Map of Tract 8725: Condition No. 2 requiring two guest parking spaces was discussed. David Neish representing The Irvine Company and Don Simpson, consulting engineer, addressed the Council. It was agreed to tentatively approve this condition. Motion X Condition No. 36 requiring an open community concept Ayes x x x X was deleted. Noes_ x x Moa x Condition No. 39 requiring dedication to the City of Ayes x x x x the natural canyon was approved. Noes x Frank Hughes representing The Irvine Company addressed the Council regarding the area of the canyon. Volume 29 - Page 4 RC MC A} MC A} M< A, Nc M1 A- M, COUNCILMEN \-\000-1\1C�1, o � a-�C MINUTES ALL CALL Nns c�s1Z A m January 13, 1975 INDEX ition x Condition No. 37 requiring "Plan E" Spyglass Hill x x x x x I Road alignment was approved. bn K Condition No. 38 requiring the deletion of homes on ,es x x x x x x the canyon side of Spyglass Hill Road was approved. Condition No. 8 requiring 6.5 acre park site at the intersection of Spyglass Hill Road and New MacArthur Boulevard was discussed. Walt Heeley addressed the Council opposing the park created by the new alignment. Parks, Beaches and Recreation Director Cal Stewart gave a brief staff report. Councilman Kuehn made a motion to delete Condition No. 8. )tion x Councilman Store made a substitute motion to amend res x x x Y Condition No. 8 to accept the 6 acre park and the )es x x one -half acre play area as proposed in The Irvine Company letter dated January 7, 1975 as Condition No. 8, which motion carried. Frank Hughes, representing The Irvine Company, addressed the Council in opposition to the amendment due to Council's previous action on Condition No. 38. n x Condition No. 9 requiring a pedestrian easement over y L x x x x x I Lot 2 was deleted. Condition No. 22 requiring the capital improvement 3tion N acreage fee was amended to eliminate those areas yes x x x x x I dedicated to the City. Condition No. 24 requiring the developer to widen Ford Road between New MacArthur and Old MacArthur to four lanes was amended to require the construction at �tion the time 25% of the Certificates of occupancy have yes K x x x x x 2 been filed. David Neish representing The Irvine Company supported the 25% occupancy time requirement. Condition No. 28 requiring The Irvine Company to maintain the slope along the westerly side of Spyglass otion Hill Road (if nature park not accepted by City) was yes x x x x x 21 tentatively deleted. otion Condition No. 29 requiring adequate on -site parking yes x x x x x I for park sites was deleted. Condition No. 23 requiring 50 -50 participation by otion x City and The Irvine Company for construction of a yes x x x x x IN traffic signal at intersection of Spyglass Hill Road • and New MacArthur Boulevard was approved. David Neish representing The Irvine Company requested that participation be changed to 25% by The Irvine Company. Volume 29 - Page 5 COUNCILMEN MINUTES ROLL CALL V" r s o� p INDEX January 13, 1975 Motion Condition No. 32 requiring the Planning Commission's x x x x prior approval of typical plans was approved. a x David Neish representing The Irvine Company objected to Condition No. 32. Motion K The hearings were closed after it was determined that Ayes K x x x x x X no one else desired to be heard. Motion X Ordinance No. 1581 was adopted. 0 -1581 Ayes K x x x x x Resolution No. 8417, amending the Planned Community R -8417 Development Standards for the Harbor View Hills Motion X Planned Community (Planning Commission Amendment Ayes C x x x x x z No. 437), was adopted. The Environmental Impact Report for Tract No. 8725 Motion N was accepted; and the Tentative Map of Tract No. 8725 Ayes C x x x x x I was approved, subject to the conditions recommended by the Planning Commission and as modified by the City Council. 3. Mayor McInnis opened the continued public hearing General regarding General Plan Amendment No. 14, amending the Plan Land Use, Residential Growth and Recreation and Open Space Elements to revise the open space designations in the Harbor View Hills area by deleting the open space "paseo" adjacent to the San Joaquin Reservoir • and by reducing the extent of the open space desig- nation on the southerly side of Spyglass Hill Road. A report was presented from the Community Development Department. David Neish representing The Irvine Company asked for verification that the resolution amending subject Elements would include the conditions as modified by the Council in the preceding hearings. Motion x The hearing was closed. Ayes K x x x x Resolution No. 8418 amending the Land Use, Residential Growth and Recreation and Open Space Elements of the Motion x Newport Beach General Plan (Amendment No. 14), was Ayes K x x x x x I adopted, as amended to include the Council's modified conditions to the Tentative Map of Tract No. 8725. Councilman Ryckoff requested that his written state- ment be made part of the record as follows, "That obligating the City for fire liability and mainte- nance costs on a so- called wilderness park not intended to serve as a park, instead of gaining the same public benefits by keeping this area private, is wrong in my opinion. The opinions of the Fire Chief and Assistant City Attorney are clear. The result is to obligate the City and take funds that could be used to develop more usable parks elsewhere." Volume 29 - Page 6 ROL 4 Mo Ay No Mo Ay Mo Ay Mc Ay COUNCILMEN p m p� P p -A h ; 'f 9 N CALL �pN Tv� NS k VN January 13, 1975 MINUTES INDEX ORDINANCES FOR SECOND READING AND ADOPTION: Food I 1. Ordinance No. 1593, being, Sanitation AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.08 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FOOD- HANDLING ETABLISHMENTS, was presented for second reading. A letter from Robert Roubian, owner of the Crab Cooker, was presented urging that authority to suspend a food handling permit be restricted to the Chief County Health Officer and his First Assistant. Lion x as x x x Ordinance No. 1593 was continued to January 27, 1975. Sewer as x X Connecti_::.- 2. Ordinance No. 1594, being, Outside Cii AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.100 PERTAINING TO PERMITS FOR SEWER CONNECTIONS ON PROPERTY LOCATED OUTSIDE THE CITY BOUNDARIES, was presented for second reading. tion x Ordinance No. 1594 was adopted. as C K x x x x CONTINUED BUSINESS: 1. A report was presented from the Community Development Archaeo- Department regarding revised Archaeological Guidelines logical and Procedures for the City of Newport Beach. Guidelines A letter from Marian Parks was presented opposing the staff's revised Archaeological Guidelines and Pro- cedures. The revised Guidelines and Procedures were approved; tion x and the staff was directed to prepare a Council as C I x x x x N policy statement for adoption on January 27, 1975. 2. A report was presented from the Parks, Beaches and R;conrpnn; Recreation Director regarding the Bicentennial Citizens Citizens Advisory Committee. Adv Cmte The Parks, Beaches and Recreation Commission's appointment of John Payne as liaison with the Bi- tion x centennial Citizens Advisory Committee was confirmed; ,es x x x x x N and, (District 1) Councilman Rogers' appointment of Walter Cruttenden, Jr, as an alternate and (District 5) Councilman Ryckoff's appointment of Lois Campbell as an alternate on the Bicentennial Citizens Advisory Committee were confirmed. 3. A report was presented from the Parks, Beaches and Litter Recreation Director regarding the Litter Control Control Citizens Advisory Committee. Citizens Adv Cmte Volume 29 - Page 7 COUNCILMEN MINUTES ROLL CALL mpN � � N12 m aOp� January 13, 1975 INDEX The recommendation's of the Parks, Beaches and Recrea- Motion x tion Commission were approved, and Commissioners Ar x x x x x N Evelyn Hart and Jim Wood were appointed as Council liaison on the Litter Control Citizens Advisory Committee; and (District 5) Councilman Ryckoff's appointment of James Ballinger as an alternate and (District 7) Councilman Store's appointment of William Lowance as an alternate on the Litter Control Citizens Advisory Committee were confirmed. 4. A report was presented from the Budget Committee re- City Hall garding new and refurbished furniture for the con- Remodeling ference room and the City Attorney's office. Budget Amendment BA -33, $4,605 for purchase of new BA -33 furniture for the conference room and refurbish furniture for the City Attorney's office from Remodel City Hall to City Attorney - Services - Professional, Motion x Tech., etc. and Nondepartmental - Furniture and Fixtures, Ayes x x x x X I General Fund, was approved. CURRENT BUSINESS: 1. A report was presented from the City Arts Commission Council regarding art and aesthetic aspects of the new Council Chambers Chambers. Motion x Subject letter was referred to the Council City Hall Ayes x x x x x 31 Remodeling Committee to work with the Commission. 2. A report was presented from the Marine Department West Npt is regarding proposed dredging in the West Newport Channels Channels. Dredging Motion x It was directed that the Orange County Harbors, Ayes C x x x x x 11 Beaches and Parks District Commission be requested to schedule a public hearing to reconsider their Decem- ber 9 action rejecting the City Council's request for funding of the West Newport Dredging project. 3. A letter from Ray Barilone, partner - manager of Wright Masseuse Place Massage Parlor,was presented requesting to be Permit/ heard regarding the $1,000 bond required by Council Barilone as a condition imposed on Diana Barilone's Masseuse Permit. Ray Barilone addressed the Council and requested deletion of the $1,000 bond. Motion x The condition of the $1,000 bond imposed on the Ayes x x x x Masseuse Permit for Diana Barilone was withdrawn. Noes K x CONSENT CALENDAR: Motion x The following items were approved by one motion affirming Ayes K x x x x x Ythe actions on the Consent Calendar: l' 1. The following ordinance was introduced and set for public hearing on January 27, 1975: Proposed Ordinance No. 1596, being, AN ORDINANCE Corporate OF THE CITY OF NEWPORT BEACH ESTABLISHING THE PLANNED Plaza COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS PC Plan 0 -1596 Volume 29 - Page 8 ROLL C) COUNCILMEN \V\_14 0\ "a KAIM MINUTES mo \LL ZN ay�'mo Tit NZZ Apm January 13, 1975 INDEX FOR THE "CORPORATE PLAZA" PLANNED COMMUNITY IN NEWPORT CENTER, Planning Commission Amendment No. 434, bounded by East Coast Highway, Newport Center Drive, Farallon Drive and the future extension of Avocado Avenue in Newport Center, zoned P -C; and acceptance of the Environmental Impact Report. A report from Community Development Department was presented.) 2. The following ordinances were introduced and passed to second reading on January 27, 1975: Proposed Ordinance No. 1597, being, AN ORDINANCE OF Municipal THE CITY OF NEWPORT BEACH AMENDING SECTION 1.04.010 Code OF THE NEWPORT BEACH MUNICIPAL CODE AND ADDING PenaltieE SECTION 1.04.050 PROVIDING THAT A VIOLATION OF 0 -1597 CERTAIN ORDINANCES CONSTITUTES AN INFRACTION. (A report from City Attorney was presented.) Proposed Ordinance No. 1598, being, AN ORDINANCE Annexatic OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3.13.030 Fees OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO 0 -1598 ANNEXATION FEES. (A report from City Attorney was presented.) 3. The following resolutions were adopted: Resolution No. 8419 commending J. Kenneth Fagans Commends- on retirement from the California Interscholastic tion Federation Southern Section. R -8419 Resolution No. 8420 authorizing the execution of OrCo an agreement with the County of Orange for health Health services. (A letter from Orange County Health Services Department was presented.) R -8420 4. The following communications were referred as indicated Referred to Planning Commission for study and Newport recommendation, letter from SPON proposing a mora- Bay torium on permits for construction development on Construc- Newport-Beach _on any undeveloped acreage in which would tion produce run -off into the Bay. Run -off Referred to staff for study and reply, letter from PCH/ Bayshores Community Association proposing modifications Dover to Proposal A for the Coast Highway and Dover Drive Inter - intersection. sectio Referred to Traffic Affairs Committee for study and Traffic reply, letter from Eastbluff Homeowners Community Association requesting consideration of traffic problems at the intersection of Ford Road, Jamboree Road and Eastbluff Drive; at the intersection of Jamboree Road and Eastbluff Drive at the north end of Eastbluff; and at the opening of the new Harbor Area Boys Club facility in the Bluffs. Referred to Bicycle Trail Citizens Advisory.Committee, Bicycle and to the staff for reply, letter from Mrs. James Trails Irwin regarding the dangers created by bicycles on the ocean front. Volume 29 - Page 9 ROLL 4 COUNCILMEN \ci \141\90S 0 MINUTES m o o 2�• CALL *vf mS2 m o apm January 13, 1975 INDEX Referred to Lido Lease Committee, letter from Anthony Lido Isle Printergast opposing the expenditure of monies for an Beach Lea: appraisal fee for the Lido Isle Beach property. Referred to Pending Legislation Committee, resolution OCTD of Garden Grove recommending that Orange County Transit District director be elected by a vote of the people. Referred to Pending Legislation Committee, resolution Segregatio of Buena Park requesting the Orange County Board of Applirati. Supervisors to set up informational procedures per- taining to notification of segregation applications. 5. The following communications were referred to the City Clerk for filing and inclusion in the records: A letter from the City of Los Angeles regarding Off -Shore Council of Mayors held December 20 in connection with Oil Drill federal proposals for off -shore oil development. A letter addressed to the City Attorney from M.A.G. OrCo Consultants, Inc. regarding noise - abatement climb Airport procedures at Orange County Airport. A letter from Santa Ana River /Santiago Creek Green Burris Belt Commission regarding the rehabilitation of the Sand Pit Burris Sand Pit. A letter from Mary Skinner commending Council for the ' bicycle lanes on Irvine Avenue between 16th and 17th Streets. A letter from Gayle Spray in favor of a bridge over the Back Bay. A letter from Anatol Chari in favor of the Pirates Inn. A notice of a public workshop on SCAG Draft Regional Transportation Plan to be held January 16. A letter addressed to Mayor McInnis from the Inter- governmental Coordinating Council of Orange County announcing a series of seminars on how to conduct labor negotiations. A notice of the Local Agency Formation Commission of public hearing to be held January 22 on proposed annexation to the City of Costa Mesa designated Paularino -Bear Annexation, located between Paularino Road and Gisler Avenue. A resolution of Huntington Beach opposing the Element of Powers, Funding, and Government of the South Coast Regional Coastal Commission. An excerpt of minutes of the Board of Supervisors meeting of December 17 referring the proposed agree- ment with the City of Newport Beach for the acquisition of Corona del Mar View Park (Inspiration Point) to the County Counsel to investigate possible prescriptive rights. Volume 29 - Page 10 se :)n M :LEI COUNCILMEN MINUTES _L CALL \1 010F\ January 13 1975 INDEX _ A resolution of the Board of Supervisors setting a public hearing for January 22 regarding easement to the City of Newport Beach for street and highway purposes in the general vicinity of Palisades Road, MacArthur Boulevard and Campus Drive. A Resolution of the Board of Supervisors authorizing the expenditure of an amount not to exceed $5,000 from the Newport Bay Tidelands account for the purpose of funding an evaluation in connection with off -shore oil drilling on the Outer Continental Shelf. An application of Continental Trailways, Inc. before the Public Utilities Commission for an increase in fares. An application of the Gray Line Tours Company before the Public Utilities Commission for an increase in I fares. An application of the Pacific Telephone & Telegraph Company before the Public Utilities Commission for a service rate increase. A Public Utilities Commission's Order instituting investigation for the purpose of establishing a list of the existing and proposed crossings at grade of City streets. A notice of the Pacific Telephone & Telegraph Company of an amended application in connection with increase of interstate telephone rates. A Mailgram from the National League of Cities stating that Chief Justice Burgher enjoined the Department of Labor from applying the Fair Labor Standards Act to cities and states. An agenda of the Board of Supervisors for meetings held December 31, 1974, January 2, 7 and 8, 1975. A letter from Madeleine Zeiger stating she is in favor of a library in the Fashion Island area. 6. The following claims were denied, and the City Clerk's Claims referral to the insurance carrier was confirmed: Claim of Charles Barrios Gonzales, Sam Wesley Berry Gonzales and Henry Lee Battle for refund of fine and penalty Berry ordered to be paid by the State of California Courts Battle in connection with a violation subsequently declared unconstitutional and void. Claim of Robert J. Lancaster and Vicki S. Lancaster, Lancaster Bal Beach Laundromat, for cost of attempts to salvage customers' clothes and loss of business based upon six months recovery period allegedly due to rust being released into water system on December 6, 10 and 16. Claim of Trautwein and Associates, Inc. for property Trautwein damage allegedly resulting from flooding due to gate valves on 26th Street not being reopened after the rainfall on December 3 and 4. Claim of Sybil J. Shields for property damage at Shields 60 Balboa Coves allegedly resulting from flooding due to clocsed storm drain durine rainfall on December 4. Volume 29 - Page 11 ROLL CAL COUNCILMEN A m Ap O pp?' �L9A N� CASs �v ZZ �SAma pA r_._.. _.... 1' 107L R; �1#; MINUTES INDEX Volume 29 - Page 12 Claim of John Markin, a minor, by Kenneth J. Markin, Markin his guardian, claiming personal injuries allegedly caused by police harassment. Summons and Complaint for property damage by Allstate Allstate Insurance Company, Subrogee of Blanche B. Larsen vs. Ins Co Lewis Garnsey, City of Newport Beach, etc. in connec- tion with automobile collision on October 10. Claim of Marjorie G. Bowman for damage to clothes Bowman washed in Bal Beach Laundromat on Palm Drive, Balboa on December 10 allegedly caused by rust in City water. 7. The following requests to fill personnel vacancies were approved: One Engineering Aide III in the Public Works Depart- ment to fill a position to be vacant. 8. The following staff report was received and ordered filed: Memo from the City Attorney regarding legality of RSVP donating City funds to the Retired Senior Volunteer Program (RSVP). 9. The following matter was set for public hearing on January 27, 1975: Tentative Map of Tract No. 8835, request of Simpson- Tract 8835 Steppat (Leadership Housing Systems, Inc.), sub- dividing 18.169 acres into six lots for residential condominium development where three lots now exist, located northerly of 19th Street and westerly of Whittier Avenue in the Newport Terrace Planned Community, zoned P -C. (A report from Community Development Department was presented.) 10. The work on the Automotive Parts Warehouse Addition, Automotive Contract No. 1572, was accepted; the City Clerk was Parts authorized to release the bonds thirty -five days Warehse Di after the Notice of Completion has been filed; and an extension of time of sixty -six calendar days was granted. (A report from Public Works Director was presented.) 11. The preliminary plans for Rhine Wharf Park were Rhine approved; and the staff was instructed to proceed Wharf Parl with preparation of construction plans and specificatio s, with Lido Park Drive designed for three travel lanes. (A report from Public Works Director was presented.) 12. Harbor Permit 11129 -2676 of Joseph Cefaratti for Harbor Maintenance dredging at 2676 Bayside Drive was approved, Permit subject to the conditions of approval under the Blanket Maintenance Dredging Permit issued by the U.S. Army Corps of Engineers. (A report from the Marine Depart- ment was presented.) 3. The following Budget Amendment was approved: BA -34, $4,800 transfer of Budget Appropriations for the implementation of restricted parking on Balboa Island Streets in connection with the street sweeping program from Unappropirated Contingency Reserve to General Services - Traffic Signs 6 Markings, Special Departmental Supplies, General Fund. Volume 29 - Page 12 ROLL i� Moti Mot, Ayes Noes Ayes No Mot: Ayei Noei Mot Aye, Mot Aye Mot Aye COUNCILMEN \'\A�\JCtO 0\17 MINUTES .;I. .CALL N V'Q •l �' s v� N •Z C� 2 .1 A January 13, 1975 INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Parks, Beaches and Tennis Recreation Director regarding an agreement with Court - Ashley Economic Services, Inc. for a feasibility Program study of a proposed tennis court development program. on Councilman Ryckoff made a motion to direct the staff to obtain proposals from two or more private operators for the operation of the tennis courts on City pro- vided land, leaving open the option as to who will build the courts, and to report back on February 24, 1975. Parks, Beaches and Recreation Commissioner urged the Council to hire a consultant. Councilman Rogers asked Councilman Ryckoff to amend his motion to also adopt the resolution authorizing the agreement with Ashley Economic Services for a feasibility study, in addition to obtaining private enterprise proposals, which amendment was not accepted by the maker of the motion. .on A vote was taken on Councilman Rogers' motion to amend the main motion as stated above, which motion = x x x x x failed to carry. A vote was taken on Councilman Ryckoff's motion; and x x X x 21 the staff was directed to obtain proposals from two or more private enterprises for the operation of the City's tennis courts and to report back on February 24, 1975. 2. Resolution No. 8421, reaffirming various standing and Council ad hoc City Council Committees; establishing and /or Committees deleting standing and ad hoc committees; and repealing R -8421 Lon x Resolution No. 7691; was adopted, x x x •establ J sh tha 4.... J 9 nd b wee, ps ors✓ .p ,wa a -io -vS aPoi` 3. Budget Amendment BA -35, $5,000 increase in Budget Tennis Appropriations and decrease in Unappropriated Surplus Court for an economic analysis and feasibility study of a Program proposed tennis court from Unappropriated Surplus, BA -35 General Fund to PB &R- Administrative, Services -Pro- Lon x fessional, Tech., etc., Park & Recreation Fund, was s K x x x x x tabled. 4. A report was presented from the City Attorney regard- Traffic ing the Letter of Intent from The Irvine Company in Signal connection with the Jamboree Road and Santa Barbara -- Drive traffic signal. ion K The City Attorney was directed to prepare a formal s x x x x x N Y agreement between the City and The Irvine Company, spelling out the rights, duties and obligations of the parties, for Council approval. _ ADDITIONAL BUSINESS: 1. Mayor McInnis' appointments of Councilman Barrett as SCAG the City of Newport Beach's representative on the Exec Cmte ion x Executive Committee of SCAG and Councilman Store as s x x x x x his alternate were confirmed. Volume 29 - Page 13 CITY O NEWPORT BEACH MINUTES COUNCILMEN ROLL CALL January 13, 1975 INDEX A letter addressed to Mayor McInnis from Assemblyman Offshore Goggin regarding Assembly Bill 180, which will allow Oil the State to have a say in matters affecting its Drilling coastline, specifically in offshore oil drilling, was presented. Motion x Assembly Bill 180 was endorsed; and the staff was AB -180_ Ayes K x x x x x N directed to send all pertinent data to Assemblyman Coggin and to notify the City's Legislative Advocate and our State legislators of the City's action. The meeting was adjourned at 2:28 A.M. to 7:30 P.M., January 20, 1975 for the purpose of holding a public hearing for discussion of the Housing and Community Development Act of 1974. • !'s Volume 29 - Page 14