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Home My WebLink About09/13/1971 - Regular MeetingCOUNCILMEN 3. � � s n \Ir q f o Zs 9C�"s A. i ROLL CALL v' CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: September 13, 1971 MINUTES I Nf1CY Present x x x x x x x Roll Call: PRELIMINARY ACTIONS: 1. The reading of the Minutes of the Regular Meeting of Motion x August 23, 1971 was waived, and said Minutes were Ayes x x x x x x x approved as written and ordered filed_ 2. The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk Ayes x x x x x x x was directed to read by titles only. HEARINGS: 1. Mayor Hirth opened the public hearing regarding the Kymla appeal of Carl J. Kymla from the decision of the Appeal Planning Commission disapproving proposed ordinance which would hav2 created a Lower Newport Bay Civic District with boundaries including a1L properties southerly of West Coast Highway, Bayside Drive and Ocean Boulevard and would have established certain standards for commercial office and multi - family residential units within said District for a period of two years, Planning Commission Amendment No. 298. A report from the Community Development Depart- ment was presented with the Application to Appeal, statement of reasons for appeal and Statement of Policy from Newport Residents United_ Received after the agenda was printed were two tele- grams from Frank and Frances Robinson and from Mr. and Mrs. Gary Lovell urging adoption of the proposed height and density ordinance as supported by the Newport Residential United Citizens Committee. Motion x The hearing was continued until later in the evening Ayes x x x x x x after Agenda Item D -2, proposed ordinance creating Abstain x a shoreline height limitation zone, was considered. 2. Mayor Hirth opened the public hearing regarding the Stine appeal of William Stine from the decision of the Appeal Planning Commission denying Use Permit No. 1543, amended, which requested permission to develop a 16 -unit motel (amended to 14 units) in a C -1 District, located at 2005 -2009 Court Street on the south side between 20th Street and McFadden Place. Volume 25 - Page 246 COUNCILMEN t� y° NC9 LPN y (NZ ROLL CALL w CITY OF NEWPORT BEACH September 13, 1971 MINUTES INDEX A report from the Community Development Depart- • ment was presented with the Application to Appeal. Acting Community Development Director Jim Hewicke gave a report on the findings of the Planning Com- mission. Bob Seiling, architect representing William Stine, and William Stine spoke from the audience. Mr. Corn, real estate broker, stated there was a demand in the area for a motel. Paul Shapiro, Lewis Kiser and Tom Hyans spoke TC�` °ainst the proposed motel because itwould be a high Fr nsity traffic generator. a5 Motion x ` The hearing was closed. Ayes xxxxxx'X Motion x The decision of the Planning Commission was sus - Ayes x x x x x x tained; and Use Permit No. 1543 was denied. Noes x ORDINANCES FOR ADOPTION: • 1. Ordinance No. 1403, being, Garbagc AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "GARBAGE, REFUSE AND CUTTINGS ", was presented for second reading. Received after the agenda was printed, a letter from Mary Harper protesting the requirement to bundle newspapers for garbage pickup. Mrs. Elaine Linhoff spoke against the ordinance and stated that it should be rewritten in a more simplified manner. Dale Wullner spoke in favor of the ordinance Councilman Parsons made a motion to amend subject ordinance and to pass it to second reading. Motion x Councilman Dostal made a substitute motion to diary Ayes x x x x x x x the matter until September 20 and refer it to staff • Volume 25 - Page 247 COUNCILMEN 15 y 'Ti OC 9.` �p �✓' 7� �'`9 ROLL CALL CITY OF NEWPORT BEACH September 13, 1971 MINUTES uftl l to incorporate the changes suggested by Mrs. Linhoff, • which motion carried. Z. Ordinance No. 1404, being, Off -stree Parking AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20. 02. 182, 20. 02.184 AND 20. 38.035 AND AMENDING SECTIONS 20. 38.030 AND 20.40. 030 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE OFF - STREET PARKING STANDARDS FOR OFFICE AND COMMERCIAL BUILDINGS, Planning Commission Amendment No. 297, amending the off - street parking standards for retail stores and office buildings, was presented for second reading. Acting Community Development Director Jim Hewicke gave a brief staff report. Motion x Ordinance No. 1404 was set for public hearing on Ayes x x x x x x September 20, 1971. Noes x 3. Ordinance No. 1405, being, Council- manic AN ORDINANCE OF THE CITY OF NEWPORT Districts BEACH CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILMANIC ' DISTRICTS OF THE CITY, was presented for second reading. Motion x Ordinance No. 1405 was adopted. Ayes xxxxxxx 4. Ordinance No. 1406, being, Finger- printing AN ORDINANCE OF THE CITY OF NEWPORT Fee BEACH AMENDING SECTION 5.04. 020 OF THE NEWPORT BEACH MUNICIPAL CODE TO PRO- VIDE FOR FINGERPRINTING FEE IN CON- NECTION WITH BUSINESS LICENSE APPLI- CATIONS, imposing an additional fee for fingerprinting pro- cessing which is mandatory for certain categories of business licenses, was presented for second reading. • A report from the Acting City Attorney was presented. Volume 25 - Page 248 COUNCILMEN y�TC9�,S,O�w�A�, ROLL CALL CITY OF NEWPORT BEACH September 13. 1971 MINUTES INDEX otion x Ordinance No. 1406 was disallowed in order to comply yes V xxxxxxx with President Nixon's wage and price freeze. 5. Ordinance No. 1407, being, Speed Limit AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.24.075 AND AMENDING SECTIONS 12.24. 070, 1Z. 24. 080, AND 12. 24.090 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS, establishing speed zones in the Newport Center area, was presented for second reading. Motion x Ordinance No. 1407 was adopted. Ayes xxxxxxx ORDINANCES FOR INTRODUCTION: 1. A proposed ordinance, being, Zonin Amen AN ORDINANCE OF THE CITY OF NEWPORT Revie BEACH ADDING SECTION 20. 54.060 TO THE NEWPORT BEACH MUNICIPAL CODE TO PRO- . VIDE FOR CITY COUNCIL REVIEW OF PLAN - NING COMMISSION ZONING AMENDMENT DENIALS. A report from the City Manager was presented. Motion x The proposed ordinance was referred to the Planning Ayes xxxxxxx Commission for public hearing and recommendations back to Council. RECESS for five minutes was declared by Mayor Hirth. The Council reconvened with all members present. Z. Proposed Ordinance No. 1408, being, Shore Hgt L AN ORDINANCE OF THE CITY OF NEWPORT Zone BEACH ADDING SECTION 20.08. 125 TO THE NEWPORT BEACH MUNICIPAL CODE, ENTITLED "SHORELINE HEIGHT LIMITATION ZONE", Planning Commission Amendment No. 301, creating said Zone with boundaries including all properties • below the bluff including the back bay area and the Volume 25 - Page 249 g drat s w Line Lmit COUNCILMEN ��a soo-o i2 �� 9 ROLL CALL CITY OF NEWPORT BEACH September 13. 1971 MINUTES wnry proposed high rise locations in The Bluffs Develop- ment, and establishing a 35 -foot height limitation within the Zone, for a period of one year: City Planner Bill Foley outlined the major differences between the proposed Shoreline Height Limitation Zone and the proposed Lower Newport Bay Civic District. Allan Beek, representing the Newport Residents United, read the group's Statement of Policy into the record, which policy endorsed the recommendations of the Lower Newport Bay Civic District- Committee that waterfront high -rise be banned for two years and that the highest priority be given to developing a Master Plan. Mike Johnson, President of the West Newport Association; Ed Cavanaugh, repre- senting the Broadmoor Home Owners Association, urged Council to consider the recommendations made in the Newport Residents United Statement of Policy. Joe Rasma and Goldie Jacobs spoke against any high rise developments in Newport Beach. Blackie Gadarian, owner of Blackie's Boatyard, and James Parker, representing Occidental- Petroleum . Corporation who is the owner of the undeveloped property adjacent to The Towers, protested the pro- posed regulations. Motion x Ordinance No. 1408 was introduced and set for Ayes xxxx x x public hearing on October 12, 1971. Noes x On motion of Councilman McInnis, the continued public Kymla hearing regarding the appeal of Carl J. Kymla from the Appeal decision of the Planning Commission disapproving pro- posed ordinance which would have created a Lower New- port Bay Civic District with boundaries including all properties southerly of West Coast Highway, Bayside Drive and Ocean Boulevard and would have established certain standards for commercial office and multi - family Motion x residential units within said District for a period of two Ayes x x x x x x years, Planning Commission Amendment No. 298,was Abstain x opened. Councilman McInnis made a motion to continue the hearing to October 12,: 1971:'. ' . Motion x Mayor Pro Tem Rogers called for a recess, which recess was granted by unanimous agreement of the Council. Volume 25 - Page 250 COUNCILMEN ROLL CALL N �� 90 2 oy 0o y y�c+�'ao�na CITY OF NEWPORT BEACH September 13. 1971 MINUTES INDEX • The Council reconvened with all members present. Motion x Subject hearing was continued to October 12, 1971. Ayes x 'xxxxx Abstain x HARBOR PERMIT APPLICATIONS: 1. A report was presented from the Harbor and Tidelands Ancient Administrator regarding Harbor Permit Application Marine No. 1Z9 -2735 of Ancient Mariner, Inc., to revise the existing Harbor Permit bayward of 2735 West Coast Highway. Motion x Harbor Permit Application No. 129 -2735 was approved. Ayes xxxxxxx 2. A report was presented from the Harbor and Tidelands Unger Administrator regarding Harbor Permit Application Pacific No. 221 -3010 of Unger Pacific, Inc. ; to construct a bulkhead bayward of Block 4Z9, Lancaster's Addition, and adjacent street ends. Motion x Harbor Permit Application No. 221 -3010 was ap- Ayes x x x x x x x proved, subject to the City Engineer's approval of the plans for the street end portions of the bulkhead. CONTINUED BUSINESS: 1. Ordinance No. 1386, relating to prohibiting dogs or Animals any other animals in parks, and on all public beaches on on a seasonal basis beginning June 15 and ending Beaches September 15, excepting a blind person and his guide dog, was presented for review. A report was presented from the City Manager. Letters were presented from the following recom- mending the prohibition of dogs from the beaches: President of the West Newport Beach-Improvement Association, Karen Grasso, Mr. and Mrs. Frank H. Frei, Mrs. E. D. Washko, S. J. Grasso and Mrs. Bea Orth. Letters were presented from the following requesting that dogs be allowed on the ocean beaches and walks: H. V. Habsburg, Mrs. Frances Andorka. x The matter was continued to October 12, 1971. Wotion es xxxxxx Volume 25 - Page 251 ROLL CALI u M oti of Ayes • Motiox Ayes Motiox Ayes • COUNCILMEN CITY OF NEWPORT BEACH September 13, 1971 MINUTES INDEX CURRENT BUSINESS: 1. A report was presented from the Acting Community Development Director regarding Tentative Map of Tract 6905, request from I. D. H. , a Joint Venture (Holstein Co.) to permit a subdivision of 13. 11 acres into a Planned Residential Development comprising 64 single-family residential lots, one green area lot, one tennis club lot and one maintenance area lot, portion of Blocks 51 and 52 of Irvine's Subdivision, located on the southwest corner of Eastbluff Drive and Vista Del Oro, zoned R- 4- .B -2 -UL, C -N -H and R -3 -B. The Tentative Map of Tract 6905 was approved, sub- ject to the conditions recommended by the Planning Commission. 2. A report was presented from the Acting Community Development Director regarding Tentative Map of Tract 7530, request of Charles T. Smith- to- permit a subdivision of 2. 7 acres into one lot for condomin- ium development, portion of Block 1 of Irvine's Sub- division, located on the south side of West Coast High• way westerly of Balboa Coves. Acting Community Development Director Jim Hewicke: gave a report on the findings of the Planning Com- mission. The Tentative Map of Tract 7530 was approved, sub- ject to the conditions recommended by the Planning Commission, and subject to the following conditions: (1) Buildings not to exceed 35 foot height limit. (2) Density not to exceed 28 units. 3. A report was presented from the Public Works Director regarding proposed vacation of an alley adjacent to the west side of Lot 19, Block 5, East Newport Tract, adjacent to 8th Street. The matter was diaried to September 20, and the staff was directed to come back with provisions for pro- tecting the ingress and egress through the alley. 4. A report was presented from the Public Works Depart• ment regarding acquisition of Lot 2 and the easterly 3. 57 feet of Lot 1, Block 139, Canal Section, also known as 202 - 40th Street, Newport Beach, in con- nection with Balboa Boulevard widening. Volume 25 - Page 252 Tract 6905 Tract 7530 Alley Vacation Balboa Blvd Widening COUNCILMEN 3 ?�9 °5 C?i O9 yy� °� �'� oc mA ROLL CALL /Nv py < CITY OF NEWPORT BEACH September 13. 1971 MINUTES rm.T� • Dale Wullner spoke from the audience supporting sub- ject acquisition. The purchase of Lot 2.and the easterly 3. 57 feet of Motion x Lot 1, Block 139, Canal Section was authorized at the Ayes x x x x x x x appraised fair market value of $26, 750; and the following resolution was adopted: Resolution No. 7523 accepting a Grant Deed R -7523 from Leonard C. and Agnes Keppler for subject property. 5. A letter from Clinton M. Hoose, Jr. , Acting Chair- OrCo man of a newly formed Orange County Airport Citizens Airport Committee, requesting a formal meeting with the Citizens entire City Council, and members of the City staff to Cmte discuss and develop a position concerning the renewal of commercial jet leases at Orange County Airport, was presented. A copy of a memorandum from the Mayor to the City Council regarding request of the Citizens Orange County Airport Noise Abatement Committee for a joint meeting was presented with a report from the City Manager. %otion x It was directed that the City Council would meet with Ayes xxxxxxx the Citizens Committee on the Orange County Airport at the regular Study Session to be held at 1:30 P.M., September 20, 1971. 6. A report was presented from the City's Special Legal Coxco, Inc Counsel, Tully Seymour, regarding proposed settle- Litigation ment of litigation with Coxco, Inc. in connection with Contract No. 847. Settlement of the lawsuit of Coxco, Inc. in connection Motion x with Contract No. 847 was approved, as recommended Ayes x x x x x x x by the City's Special Legal Counsel; payment of $5, 875 to Coxco, Inc. was authorized in full settlement of claim against the City, subject to its dismissal with prejudice from the lawsuit entitled Coxco, Inc., et al vs. City of Newport Beach, Superior Court No. 167868; and the staff was authorized to come back with the appropriate Budget Amendment. • Volume 25 - Page 253 COUNCILMEN 3PP?y 0 0 ZN 9oC�?rPPPg w '§ ROLL CALL CITY OF NEWPORT BEACH September 13, 1971 MINUTES 1.197 :n . CONSENT CALENDAR: Motion x The following items were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Bessie Westerson expressing appreciation for the completion of 32nd Street and commenting on care of the street since completion. Notice from the Orange County Harbor Judicial Dis- Bail trict that the Newport Beach Municipal Code bail Schedules schedule for white zone violations has been raised from $5.00 to $10.00. Letter from Madge Phillips protesting Pacific Coast Freeway. Letter from Stan Northrup, City of San Clemente, LAFCo giving his observations, opinions and conclusions of the Local Agency Formation Commission controversy as it pertains to cities. . Excerpt of action of the City Council of San Clemente LAFCo at its meeting held August 18 approving San Clemente' share of legal fees incurred in seating the City Selection Committee Members, subject to the limi- tation of $265. Minutes of the City Selection Committee for the LAFCo Orange County Local Agency Formation Commission dated Monday, August 9, 1971. Letter from Orange County Road Department trans - mitting map of proposed annexation to Orange County Street Lighting Maintenance District No. 10 - Industri al Annexation No. 5, on the southwest corner of Barranca Road and San Joaquin Road. Resolution of Orange County Board of..Supervisors designating Supervisor Ralph B. Clark as representa- tive of the Board on the Study Committee to revise the sand and gravel regulations. Resolution of the Board of Supervisors regarding Coast to establishment of proposed Coordinating Council for Crest Santa Ana River /Santiago Creek Greenbelt Plan. Volume 25 - Page 254 COUNCILMEN S S CP O � O N T` 9 -A ROLL CALL y9J N o y N CITY OF NEWPORT BEACH September 13, 1971 MINUTES INDEX • Resolution of Board of Supervisors setting 10:00 A.M. September 15, 1971 to hear the petition for the incor- poration of an unincorporated portion of the County to be known as the City of Irvine. Notice of Prehearing Conference in regard to appli -, cations of Southern California Gas Company before the Public Utilities Commission to increase tariff schedules and rates. Letter from Retail Clerks Union Local 324 regarding pending legislation. Agenda of the Board of Supervisors meetings held August 24, 25, 31, September 1, 7 and_ 8, 1971. Orange County General Planning Program news dated August 10, 1971. Letter from California Water Resources Association enclosing response received by them to the- August 21 Nader report on California land and water, and enclosing their newsletter and a special wild rivers bulletin. • 2. The following communications were referred as indicated: Referred to staff for appropriate action, resolution of Street the Board of Supervisors of Orange County changing Name the names of Tustin Avenue and Acacia Street to Change Irvine Avenue, and Palisades Road to Bristol Street. Referred to staff for reply, letter from the Orange County Apartment House Association requesting information on the City's property tax rate. Referred to the Pending Legislation Committee, reso- SB 51 lution of the City of Costa Mesa urging passage of State Senate Bill 51 relating to auto repair dealers. 3. The following resolutions were adopted- Resolution No. 7524 authorizing the execution of an Hospita: agreement between the City of Newport Beach and Rd Imp% Presbyterian Hospital of Orange County for improve- R -7524 ment of Hospital Road between Placentia Avenue and Newport Boulevard. (A report from the Public Works Director was presented.) • Volume 25 - Page 255 Imt COUNCILMEN 3� y y o o� <o�yyov y 3 c o N yQ J'C9 � (Ny ROLL CALL CITY OF NEWPORT BEACH Sentember 13.- 1971 MINUTES INDEX • Resolution No. 7525 ordering the canvass of the Special Municipal Election to be held on the 5th day of Speci; Bond October, 1971 to be made by the City Clerk. Elect: R -752 Resolution No. 7526 awarding a contract for Fernleaf Fernl Street End Improvements in China Cove., Contract No. St Eni 1334, to R. W. McClellan & Sons, Inc. for $5, 370. 75. Impvr (A report from the Public Works Director was pre- R -752 sented.) Resolution No. 7,527 awarding a contract for Jamboree Jamb Road Median Irrigation System, Contract No. 1387, to Rd Mi Norman Benham . Landscaping of South Laguna for Irrig $5,212.50. (A report from the Public Works Director R -752 was presented. ) Resolution No. 7528 awarding a contract. for Ocean Ocear Boulevard at Heliotrope Avenue Storm Drain Improve- Blvd/ ments, Contract No. 1325, to E. L. White Co, for Heliot $11, 000. (A report from the Public Works Director Storrr. was presented. ) R -752 4. The following claims for damages were denied, and Claire the City Clerk's referral of the claims to the insur- ance carrier was confirmed: Claim of Karen Tutwiler for damage to an automobile, Tutwi allegedly caused when it was involved in an accident with a City vehicle on July 24, 1971 on Newport Boule- vard in Newport Beach. Claim of L. F. McClurg, Manager of Cameo Villa Mcch Apartments, for damages to Apartment D on August 17, allegedly caused by a City sewer back-up - Claim of John C. Anderson, a minor, by James A. Andex Anderson (filed by G. G. Lemacks, attorney) for personal injuries to John in Mariners Park on July 20, 1971. 5. The following Summons and Complaint was referred to Pacifi the Assistant City Attorney with authorization to take Coast appropriate action: Freev Summons and Complaint of E. O. Rodeffer to Enjoin Ultra Vires Acts, Illegal Expenditure of Public Funds and for Declaratory Relief in connection with the Pacific Coast Freeway Election. Volume 25 - Page 256 al Lon ,5 eaf i rrt s ,6 3ree :dian 7 rop Drn 8 IS .er xg son c ay COUNCILMEN 'y 1i c ROLL CALL ✓' CITY OF NEWPORT BEACH September 13, 1971 MINUTES INIIFY . 6. The following staff report was received and ordered filed: Memorandum from the Harbor and Tidelands Admin- Legislati o istrator to the City Manager regarding status of pending legislation. 7. Dedication ceremonies of the Newport Center Fire Npt Cente Station were approved for Friday, October 8 at Fire 1:30 P.M.; and the Mayor and City Manager were Station authorized, in conjunction with the Fire Chief, to prepare the dedication program. (A report from the City Manager .was presented. ) 8. The following requests to fill personnel vacancies were approved: (A report from the City Manager was presented.) Building Inspector I in the Community Development Department to fill a position now vacant. Building Maintenance Man I in the Community Develop ment Department to fill a position now vacant. Senior Planner in the Community Development Depart- ment to fill a position now vacant. • Refuse G°rewman in the General Services Department to fill a position now vacant. Equipment Operator II in the General Services Department to fill a position now vacant. 9. The expense account of Councilman Dostal for atten- dance at NOISE Work Shop and Conference on legis- lation in Richfield, Minnesota on October 27-29, 1971, in the amount of $374. 00, was approved. 10. (a) The following Budget Amendments were, approved after a report from the Finance Director to the City_ Manager regarding inter -fund transfers at June 30, 1971 was presented: BA -81, $198, 418.45 increase in Fund. Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, General Fund. - closing entry. BA -82, $18,393.16 decrease in Fund Balance; increase in Budget Appropriations and decrease in Revenue Estimates, Park and Recreation Fund - closing entry. Volume 25 - Page 257 n COUNCILMEN Not, v N�9 N y o ROLL CALL 4c , CITY OF NEWPORT BEACH September 13, 1971 MINUTES imnFY • BA -83, $536.36 decrease in Fund. Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Library Fund - closing entry. BA -84, $15,896.71 increase in Fund Balance; . decrease in Budget Appropriations and decrease in Revenue Estimates, Retirement Fiend - closing entry. BA -85, $93, 692. 36 increase in Fund Balance; decrease in Budget Appropriations, and increase in Revenue Estimates, State Gas Tax Fund (Sec. 2107) - closing entry. BA -86, $63, 042. 44 increase in Fund Balance; decrease in Budget Appropriations, and an increase in Revenue Estimates, State Gas Tax Fund (Sec. 2106) - closing entry. BA -87, $1, 011. 55 decrease in Fund Balance; a decrease in Revenue Estimates, Arterial Highway Financing Fund - closing entry. BA -88, $867. 06 decrease in Fund Balance; • decrease in Revenue Estimates,. Traffic Safety Fund - closing entry. BA -89, $7,640.16 decrease in Fund Balance; decrease in Revenue Estimates, Parking Meter Fund - closing entry. BA -90, $18, 610. 75 decrease in Fiend Balance; decrease in Revenue Estimates, Tide & Submerge Lands Fund - closing entry. BA -91, $3, 298. 78 increase in Fund Balance; decrease in Budget Appropriations and decrease in Revenue Estimates, Gas Tax Contribution Fund - closing entry. BA -92, $1, 719. 59 decrease in Fund Balance; decrease in Budget Appropriations, Capital Improvement Fund - closing entry. BA -93, $20, 106. 45 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, Building Excise Tax Fund closing entry. • Volume 25 - Page 258 COUNCILMEN 34,�9o2c+aoo9 y3 c 'A A ROLL CALL N CITY OF NEWPORT BEACH September 13. 1971 MINUTES INDEX • BA -94, $2. 50 increase in Fund Balance, decrease in Budget Appropriations, Water Bond I &R Fund - closing entry. BA -95, $125, 478.18 decrease in Fund Balance; increase in Budget Appropriations and increase. in Revenue Estimates, Water System_Develop- ment Fund - closing entry. BA -96, $229, 354. 08 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, Water Fund - closing entry. BA -97, $3, 247. 64 increase in Fund Balance; decrease in Budget Appropriations and increase in Revenue Estimates, Marinapark._Fung - closing entry. BA -98, $137, 710. 02 transfer from Reserve for Future Water to Building Excise Tax Fund for construction of Newport Center Fire Station - closing entry. BA -99, $213, 924. 36 transfer from General Fund • to Capital Improvement Fund for Reconstruction of Balboa Pier ocean front parking facilities - closing entry. BA -100, $2, 625. 00 increase in Fund Balance; return to, Fund Balance the 1970 -71 requirement of $105, 197. 50 and set up the 1971 -72 require- ment of $102, 572. 50, Water Fund_ - closing entry. BA -101, $100, 000. 00 decrease in Fund Balance; transfer to Reserve for future water .sources, Water Fund - closing entry. BA -102, $10, 890. 72 increase in FUnd_Balance; transfer from Reserve for Tennis .Court Con- - struction for final payments of Mariners Park and Las Arenas Park Tennis Courts to Building Excise Tax Fund - closing entry. BA -103, $14, 031. 80 decrease in Fund Balance; transfer to Reserves for Surfboard Acquisition and Tennis Court Construction, Park and Recre- ation Fund - closing entry. • Volume 25 - Page 259 COUNCILMEN yN 9��iZ ROLL CALL ' CITY OF NEWPORT BEACH September 13. 1971 MINUTES INDEX BA -104, $36, 742. 06 decrease in Fund Balance; • transfer to Reserve for Off - Street Parking, Parking Meter Fund - closing entry. BA -105, $39, 620. 81 transfer from Park and Recreation Fund to General Fund.for partial pay - ment of advance - closing entry. BA -106, $17,444.25 transfer from Library Fund to General Fund for partial payment of advance - closing entry. BA -107, $4,116. 91 transfer from Retirement Fund to General Fund for final payment of ad- vance - closing entry. (b) The following Budget Amendments were approved after a report from the City Manager regarding 1971 -72 Budget Amendments was presented: BA -22, $1, 000 transfer of Budget Appropriations for funding of City's General Plan Program from General Plan - Transportation Study to General Plan - Housing Study, General Fund. BA -23, $21,150 transfer of Budget Appropriations for funding of City's General Plan Program from Unappropriated Contingency Reserve to General Plan - Housing Study ($1, 000); Geological Survey ($5, 000); and Community Development, Seasonal - Part -Time ($15,150), General Fund- BA-Z4, $58, 000 increase in Budget Appropriation and Decrease in Unappropriated Surplus for funding of City's General Plan Program from Unappropriated Surplus to General Plan - Eco- nomic Study ($25, 000), General Plan - Housing Study ($8, 000) and General Plan_- Shoreline Studies ($25, 000), General Fund.. BA -25, $265 transfer of Budget Appropriations -for City's share of Local Agency Formation Commission legal fees from Unappropriated Con- tingency Reserve to Nondepartmental, Services - Professional, Technical, Etc., General Fund. BA -26, $2, 000 increase in Budget Appropriations and decrease in Unappropriated Surplus for City's share of retaining Washington Legislative Advo- cate on Oil Matters from Unappropriated Surplus to Nondepartmental, Services - Professional, Technical, Etc., General Fund. Volume 25 - Page 260 COUNCILMEN ROLL CALL_ • • Motion Ayes • CITY OF NEWPORT BEACH September 13. 1971 MINUTES INDEX le a alks :ion A :t i Tito ment ict ITEMS REMOVED FROM THE. CONSENT CALENDAR: 1. Letter and resolution of the City of Costa Mesa Bicyc requesting that legislation be enacted to enable local Trails agencies to react to their individual situations regard- ing bicycle versus vehicle traffic without being in con- flict with the California Vehicle Code were presented. The Acting City Attorney was requested to look into the legality of the City's adopted bicycle trails with regard to the California Vehicle Code. 2. A letter from M. C. Johnson to the Public Works Balbo Director regarding accumulation of trash on propertiek Blvd bordering Balboa Boulevard between 38th and 47th Sidew Streets was presented. Dale Wullner spoke from the audience regarding the need for sidewalks in subject area. The staff was instructed to look into the matter and to come back with definite plans and recommendations for getting sidewalks constructed on the south side of Balboa Boulevard between 38th and 47th Streets. 3. Letters from Dale W. Wullner and from Carole Bab- Noise cock of Pasadena protesting the Police helicopter Pollu were presented. Dale Wullner spoke from the audience and said his letter was not against the Police helicopter- program, but was against all types of noise pollution in the City. 4. A letter from Dale Wullner regarding accumulation of Mark trash behind the Market Basket grocery store on 31st Bask Street was presented. Tras] Dale Wullner spoke from the audience and suggested the Council write a letter to the Market Basket requesting that the area be cleaned up. 5. Councilman Parsons stated that he had read the Mosq Minutes of the Orange County Mosquito Abatement Allate District meeting of August 19, 1971,, and suggested Distr that possibly -the Council should be more informed regarding the District. x All the above items were ordered filed. K x x x x x x i Volume 25 - Page 261 le a alks :ion A :t i Tito ment ict COUNCILMEN ROLL CALL\9 \ , 0 • Motion Ayes • 0 CITY OF NEWPORT BEACH MINUTES September 13, 1971 INDEX OrCo Land Use Cmsn R -7529 Bicycle Trails ADDITIONAL BUSINESS: 1. Councilman McInnis read in full the following reso- lution: Resolution No. 7529 reaffirming support for the Orange County Land Use Commission, and urging the Orange County Board of Supervisors to provide the Commission with meaningful financial assistance. x Resolution No. 7529 was adopted; and the City Clerk x x x x x x x was directed to send copies to the Board of-Super- visors, the Airport Land Use Commission, all the cities in the Orange County League of Cities and all other Orange County cities and to State Representa- tives Badham and Carpenter. Mayor Hirth appointed Allan Beek as an additional member of the Citizens Advisory Bicycle Trails Committee. The Mayor adjourned the meeting at 12:10 A. M. to 8:00 A.M., Saturday, September 18 for the purpose of holding an Executive Session to interview applicants for the City Attorney position; and the Mayor announced that there would be an adjourned meeting at 7:30 P.M., September 20 for the purpose of holding a Regular Adjourned Council Meeting in lieu of the regularly scheduled meeting of September 27, 1971. Mayor ATTEST: City Clerk Volume 25 - Page 262 INDEX OrCo Land Use Cmsn R -7529 Bicycle Trails