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HomeMy WebLinkAbout09/14/1970 - Regular MeetingCOUNCILMEN ?i '% Z3'OC 9- YP BOLL CALL N CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: September 14, 1970 MINUTES 10EX Present x x x x x x x Roll Call. 0 The reading of the Minutes of the Regular Meeting of Motion x August 24, 1970 was waived, and said Minutes were Ayes x x x x x x x approved as written and ordered filed. HEARINGS: 1. Mayor Hirth opened the continued public hearing T he: regarding the request of Bruno H. Moeckli and Gallea Hermann O. Figge, co- owners of The Gallery, for extension of Use Permit Application No. 1475 to permit live entertainment in night club located within 200 feet of a residential district, Lot 10, Block 11, Balboa Tract, located at 810 East Balboa Boulevard . on the north side of East Balboa Boulevard between "A" Street and Main Street, Balboa. A letter from R. A. Erwin opposing extension of subject Use Permit application was presented. City Clerk Laura Lagios stated she had received a petition bearing eight signatures of residents and property owners near The Gallery requesting denial • of the extension. City Clerk Laura Lagios swore in Marge Thompson, representing The Gallery, and Bruno Moeckli, co- owner of The Gallery, who stated there was no evidence to substantiate the complaints filed and requested a nine -month extension on Use Permit 1475. City Clerk Laura Lagios swore in Virginia Tucker . and Charles Tucker, property owners in the area, who requested denial of the extension. Motion x The hearing was closed, Ayes x xxxx Motion x Mayor Pro Tem Rogers made a motion to deny subject application. Further discussion was had. Motion x Councilman Dostal made a substitute motion to con- tinue the hearing until September 28 for a statement from the applicant as to methods he would use to keep the sound level down. Volume 24 - Page 223 y COUNCILMEN yy3 _kPGG 9PJ ify 9NZ�y`QL BQLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX Ayes x x x A vote was taken on Councilman Dostal's substitute �oes x x x x motion, which motion failed to carry. Ayes x x x x x A vote was taken on Mayor Pro Tem Rogers' motion, Noes x x and the extension of Use Permit Application No. 1475 was denied. Z. The continued public hearing regarding application of Athena's Vady Van Chase for a business license in connection Massage with Athena's Massage establishment located at 211 62nd Street was discontinued at the request of the applicant in a letter dated September 11, 1970. 3. Mayor Hirth opened the public hearing in connection Dist Map with Ordinance No. 1352, being, 50 & 52 • AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAPS NOS. 50 AND 52, Planning Commission Amendment No. 264, request of The Irvine Company to amend a portion of District Maps Nos. 50 and 52 from an R -3 -B District to an R -3 District, portion of Block 96, Irvine's Sub- division, located on east side of Marguerite Avenue between San Joaquin Hills Road and Pacific View Drive. Planning Director Larry Wilson gave a brief staff report. No one desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. •Motion x Ordinance No. 1352 was adopted after the further Ayes xxxxxxx reading of the ordinance was waived by unanimous consent of the Council. 4. Mayor Hirth opened the public hearing in connection Upper with Ordinance No. 1353, being, Harb Vie Hills Apt AN ORDINANCE OF THE CITY OF NEWPORT Site 1B BEACH ADOPTING A SPECIFIC PLAN OF Specific DEVELOPMENT FOR THAT CERTAIN PRO:- Plan No. PERTY DESIGNATED AS "UPPER HARBOR VIEW HILLS APARTMENT SITE 1B11, Planning Commission Amendment No. 269, request of The Irvine Company to adopt specific plan of • Volume Z4 - Page 224 W COUNCILMEN ;t�s000 < o 0 23o�i.o.n!io �'C9 LPN � BALL CALL Z� CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX development for property comprising a portion of Block 96, Irvine's Subdivision, as shown on District Maps Nos.: 50 and 52, located: on the east side of . ^ Marguerite Avenue between San Joaquin Hills Road and Pacific View Drive. Proposed plan of develop- ment provides for a 64 unit multiple - family resi- dential complex consisting of 11 buildings, each two stories in height, with accessory recreation facilities, 64 off - street parking spaces in carports and 60 uncovered off- street parking spaces. No one desired to be heard. Mayor Hirth closed the hearing with the unanimous consent of the Council. •Motion x Ordinance No. 1353 was adopted after the further Ayes xxxxxxx reading of the ordinance was waived by unanimous consent of the Council. It was agreed to take up at this time Current Business Item No. 3 regarding assessments for improvements on Balboa Boulevard, Villa Way and 32nd Street in order to hold a public hearing on the matter: • 5. Mayor Hirth opened the public hearing in regard to work accomplished under Chapter 27 of the 1911 Act Balboa Blvd, in connection with Balboa Boulevard, Villa Way and Villa Wa 32nd Street. & 32nd S A report was presented from the Public Works Director. No one desired to be heard on the matter. • Mayor Hirth closed the hearing with the unanimous consent of the Council. Motion x It was ordered that assessments be collected along Ayes XXXXXNN with other taxes on the properties and the Notices of Liens be turned over to the County Auditor for collection, with the exception of individual property owners who had requested to be allowed to pay assess ment in more than one installment; and a Minute Resolution was adopted approving Thomas H. Blandi's payment of assessment to be in two annual install- ments for improvement at 12631st Street and Murray L. Roche's payment to be in six annual installments for improvements at 327 30th Street at an' interest'. rate 'o`.f 6%: pe r annum on '.the unpaid '. • • Volume 24 - Page 225 COUNCILMEN �y of Wk-L CALL - r 0 r� qy CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX balance, and ordering said assessments to be turned over to the City Finance Department for collection. ORDINANCES FOR ADOPTION: 1. Amended Ordinance No. 1351, being, Livestock AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7. 12. 010 AND REPEALING SECTION 7.12. 020 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO THE KEEPING AND STAKING OF "LIVESTOCK, " was presented for second reading. *Motion x Amended Ordinance No. 1351 was adopted after the Ayes xxxxxxx further reading of the ordinance was waived. Z. Ordinance No. 1354, being, Weed Abate men AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 10. 48.040 AND 10.48. 100 OF THE NEWPORT BEACH MUNICIPAL CODE TO DELETE PUBLICATION • REQUIREMENTS IN CONNECTION WITH WEED ABATEMENT REGULATIONS AND HEARINGS, was presented for second reading. Motion x Ordinance No. 1354 was adopted after the further Ayes xxxxxxx reading of the ordinance was waived. • 3. Proposed Emergency Ordinance No. 1355, being, Massage Parlors AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.50 TO THE NEW- PORT BEACH MUNICIPAL CODE, REGULATING MASSAGE PARLORS, BATHS, SAUNA BATHS, AND SIMILAR BUSINESSES, requiring permits and application fees, was presented with a report from the City Attorney. The City Clerk read in full a letter from Attorney Patti Karger requesting a provision for exemption from the 200 -hour course requirement for qualified masseurs already operating in the city. David S. Carlson, Western Regional Director of the Massage • and Therapy Association, spoke from the audience • Volume 24 - Page 226 COUNCILMEN 'ti � A S C) O '0 � O � y 0 9 y'ti0 �Onp N�9 �P� s F3GLL CALL m CITY OF NEWPORT BEACH September 14. 1970 MINUTES flff7:K� CP and stated the Association endorsed the ordinance in • its entirety with the exception of the requirement of one year in the city in lieu of the 200 -hour course. The Association thought it should be for a longer period of tire. Karen Anderson, worker at a massage studio recently opened in Newport Beach, opposed keeping a record of all patrons and felt that a 200 -hour course requirement was too much. Lloyd Walker, president of the State of California Massage Technicians Association, approved the 200 - hour course requirement. Motion x Emergency Ordinance No. 1355, as amended, was yes x x x x x x x adopted, after the further reading of the ordinance was waived by unanimous consent of the Council. ,ORDINANCES FOR INTRODUCTION: 1. Proposed Ordinance No. 1356, being, Citations and AN ORDINANCE OF THE CITY OF NEWPORT Warrants BEACH AMENDING SECTIONS 1. 12. 010, . 1. 12. 020 AND 1. 12.030 OF THE NEWPORT BEACH MUNICIPAL CODE, AND REPEALING SECTIONS 1. 12.040 AND 1. 12.050, RELATING TO CITATIONS AND WARRANTS, setting forth the powers of various categories of City employees to issue citations, was presented with a report from the City Attorney. *Action x Ordinance No. 1356 was introduced and passed to Ayes xxxxxxx second reading on September 28, 1970. 2. Proposed Ordinance No. 1357, being, Under- ground AN ORDINANCE OF THE CITY OF NEWPORT Utilities BEACH ADDING CHAPTER 15. 32. 015 ENTITLED "UNDERGROUND UTILITIES SERVICE CON- NECTION" TO CHAPTER 15.32 OF THE NEW- PORT BEACH MUNICIPAL CODE, was presented with a report from the Underground Utilities Coordinating Committee. Motion x Ordinance No. 1357 was introduced and passed to *yes XXXXXXN second reading on September 28, 1970. • Volume 24 - Page 227 COUNCILMEN 3��sc+o� y � oo y'PO A BGLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX 7, 3. Proposed Ordinance No. 1358, being, Curb Cut • AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 13. 06, 020 OF THE NEWPORT BEACH MUNICIPAL CODE TO REQUIRE APPLICATION FEE IN CONNECTION WITH CURB CUTS AND OTHER ALTERATIONS TO PUBLIC STREETS, was presented with a report from the City Manager. Motion x Ordinance No. 1358 was introduced and passed to Ayes x x x x x x x second reading on September 28, 1970, 4. Proposed Ordinance No. 1359, being, Dist Map 53, 55, • AN ORDINANCE OF THE CITY OF NEWPORT 62, 63 & BEACH AMENDING DISTRICT MAPS NOS. 53, 64 55 AND 57, ADOPTING DISTRICT MAPS NOS. 62, 63 AND 64, AND PREZONING UNINCORPO- RATED TERRITORY ADJACENT TO THE CITY OF NEWPORT BEACH IN THE EVENT OF SUB- SEQUENT ANNEXATION, Planning Commission Amendment No. 268, request • of The Irvine Company to prezone unincorporated territory adjoining the City to determine zoning that will apply to such property in the event of subsequent annexation to the City to establish a P -C (Planned Community) District to provide for development of approximately 356. 6 acres of land, located north of San Joaquin Hills Road and east of MacArthur Boule- vard (realigned), as a residential community com- prised of a mixture of residential density and sup- porting commercial facilities, was presented with a report from the Planning Director. Planning Director Larry Wilson gave a staff report. Motion x Ordinance No. 1359 was introduced and set for public Ayes x x x x x x x hearing on September 28, 1970. 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: • Postcard from Mrs. Maria Goen requesting instal- lation of night lights at the Los Arenas tennis courts, • Volume 24 - Page 228 7, COUNCILMEN •2y� cc� ��' 2 LQLL CALL w CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX and copy of Parks, Beaches and Recreation Director • Cal Stewart's reply informing Mrs. Goen that lights have been budgeted and will be installed this fall. Letter from Mr. and Mrs. Jos. Rosener, Jr. stating there is very little open space, particularly water- front, left and commending Council for its courage and wisdom in questioning the precedent of granting a high rise variance on the bay. Copy of letter from the Orange County Division of the League of California Cities to John Burton, President of the Community of Irvine Council, offering co- operation and assistance in any way that will be help- ful in the preliminary study of the proposed incorpo- ration of the new City of Irvine. • Notice from the Local Agency Formation Commission of hearings to be held September 23 regarding pro- posed Dissolution of the Talbert Drainage District. Notice from the Local Agency Formation Commission of hearing to be held September 23 regarding proposed annexation to the Orange County Harbor District designated the East Annexation.. • Resolution of the Board of Supervisors setting a OrCo public hearing on October 13 regarding the Ralph M. Airport Parsons Company's Interim Report of its study on Phase II of the Master Plan of Air Transportation. Resolution of the Newport Harbor Chamber of Com- OrCo merce stating its opposition to any further expansion Airport of jet operations at the Orange County Airport. • Letter from Corona Highlands Property Owners OrCo Association, Inc. urging curtailment of expansion of Airpor jet traffic at the Orange County Airport. Copy of letter from The Bluffs Homeowners Associ- Or Co ation to Supervisor Allen setting forth its Board of Airport Directors' resolution requesting the Board of Super- visors to prohibit expansion of jet flights, to give top priority to establishing a new permanent location for all jet operations serving Orange County and to establish an interim location. Letter from the Central Newport Beach Community OrCo Association supporting the official position of the City Airport regarding the interim report of the Orange County • Air Transportation Plan. • Volume 24 - Page 229 COUNCILMEN 3 L'PsoP °09 was TC�P�S O` dA BOLL CALL CITY OF NEWPORT BEACH September 14. 1970 MINUTES INDEX Resolution of the City of Costa Mesa urging action by Or Co • the Board of Supervisors relating to engineering and Airport technical changes in jet aircraft designed to reduce noise and air pollution, and urging conditions to be imposed by the Board of Supervisors to insure such technical and engineering changes. Copy of letter from Paul McR. Jones to The Senate Transportation Committee urging favorable action on the Badham Bill to delete portion of the Coast Free- way within the City of Newport Beach. Agenda of the Board of Supervisors meetings held August 25, 26, September 1, 2, 10 and 11, 1970. Minutes of the Orange County Mosquito Abatement • District meeting held August 20, 1970. Amended Notice of Intent to Circulate Petition, dated Pacific and signed September 1, 1970, being an initiative Coast petition to enact an ordinance to rescind a portion of Fwy City Council Resolution No. 6890 and a portion of that freeway agreement made and entered into on October 30, 1968 by and between the State of California and the City of Newport Beach; filed with the City Clerk • on September 3, 1970. Amended Notice of Intent to Circulate Petition, dated Pacific and signed September 1, 1970, for the purpose of Coast amending the Charter of the City of Newport Beach to Fwy allow voters and electors of the City to have the right by vote to allow or prevent a freeway within its boundaries; filed with the City Clerk on September 3, 1970. • 2. The following communications were referred as indicated: Referred to staff, letter from Newport Harbor Shorelin Chamber of Commerce Tidelands & Beaches Com- mittee offering their services to help in formalizing a comprehensive shoreline plan for Newport Harbor. Referred to staff for inclusion in current study, letter Bus Lic from Newport Harbor Chamber of Commerce Tax enclosing a report from its Ad Hoc Committee studying the proposed business license changes and stating that the report was adopted unanimously by its Board. • Volume 24 - Page 230 COUNCILMEN q2�� oc�NPZ�o`oN9 N BOLL CALL v CITY OF NEWPORT BEACH September 14, 1970 MINUTES X43 Referred to staff for inclusion in current study, letter Bus Lic • from Hugh L. Mynatt, General Manager, Richard's Tax Lido Center, protesting the proposed business license tax ordinance as prepared. Referred to staff," letter from Herb D. Twitchell complimenting the Chief of Police for the smooth flow of traffic and absence of undesirable persons on Balboa Island, and expressing appreciation for the street cleaner which keeps the Bay Front sidewalks and alleys so clean. Referred to staff, letter from M. L. Pollock, regarding traffic tie -ups on Balboa Island and request- ing traffic control at the entrance to the Island. • Referred to staff, letter from Axelson Fishing Tackle Mfg. Co. thanking Council for prompt action given to the stop sign installation at Production Place and Placentia Avenue. Referred to staff, letter from Pete Siracusa and Dick Wandrocke of the Ancient Mariner Restaurants thanking Council for allowing the waiver which enabled them to host the Hobie Cat Regatta by using • the 18th Street bay public beach. Referred to staff, letter from Jeffrey G. Kane expressing appreciation for the excellent cooperation accorded him and his client by the City and especially License Supervisor Stan Hirschberg in connection with a court trial. Referred to staff for reply, letter from Dolores Newspape Cottonaro regarding proposed program to have Salvage • children of elementary schools bring newspapers to school for pick up by a waste paper company. Referred to staff, letter from Collins Radio Company expressing appreciation to Councilman Kymla and members of the City staff for the fine representation at the LAFCo hearing. Referred to staff for appropriate action, resolution Annex 73 of the Local Agency Formation Commission approving Collins Annexation- Annexation 73 to the City of New- port Beach. Referred to staff for study and report, letter from Alley A. R. Boscow requesting reduction of setback from Setback • alley property line for a proposed garage on the rear Variance of Lot 9, Block 434, Corona del Mar. • Volume 24 - Page 231 COUNCILMEN y?iG� �Onp FIQLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX i/ i 3. The following resolutions were adopted after the • reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7269 accepting Grant Deed from 32nd St Robert W. Pettit and Barbara J. Pettit in connection Widening with 32nd Street widening. (A report from the Public R -7269 Works Director was presented. ) Resolution No. 7270 accepting Grant Deed from Terry Balboa Waren and Theresa H. Waren in connection with the Blvd Balboa Boulevard widening. R -7270 Resolution No. 7271 declaring that weeds and other Weed public nuisances exist upon streets, alleys, sidewalks, Abatemer parkways, and private property within the City, • declaring that said weeds and public nuisances must R -7271 be abated, setting the time and place for a public hearing at which the City Council will consider pro- tests from persons objecting to the proposed de-- struction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; setting public hearing for September 28, 1970. Resolution No. 7272 awarding a contract to Sully- St Impr • Miller Contracting Company, Orange, California, in to Har the amount of $83, 986. 10, for Street Improvements View/ on Harbor View Drive, Goldenrod, Second and Mari- Goldenroi gold Avenues, Contract No. 1246. (A report from the Marigold Public Works Director was presented.) 2nd R -7272 Resolution No. 7273 awarding a contract to Sully- Irvine Av Miller Contra ct�^}j.{n 0 , Orange, California, in Curbs/ rthe 77 amount of $T',- 9 - the construction of Gutters Curbs and Gutters on the West Side of Irvine Avenue south of 21st Street, Contract No. 1309• (A report R -7273 from the Public Works Director was presented. ) Resolution No. 7274 awarding a contract to Smith Asmt Electric Supply Company, Stanton, California, in the Dist 52 amount of $31, 340. 00, for Harbor Highlands Street R -7274 Lighting (Assessment District 52), Contract No. 1250. (A report from the Public Works Director was presented.) • Volume 24 - Page 232 i/ i COUNCILMEN �s- Pyc+o -o yy�C F ?A yGG � yAin �,r 9 pN y C 9C 2 �L CALL , CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX tion s •ee X r -nts Resolution No. 7275 authorizing execution of an Sewer . agreement between the City of Newport Beach and Connec Sanitation District No. 5 in connection with sewer Charge connection charges. (A report from the City Manager was presented.) -7275 Resolution No. 7276 authorizing execution of a Joint Jambox Use Agreement with the Southern California Edison Road Company providing for the relocation of existing Pal /Ma facilities and granting new easements for these Arthu: facilities in connection with the Jamboree Road con- Easemi struction, Palisades Road to MacArthur Boulevard, R -7276 Contract 1205. (A report from the Public Works Director was presented.) 4. The City Clerk's referral of the following claims to . the insurance carrier was confirmed: Claim of Stephen R. Peter for personal injuries Peter allegedly sustained on or about May 18, 1970 in the vicinity of Pacific Coast Highway at Fashion Island in connection with the arrest of claimant, Claim of Kenneth F. Nottle filed by Ball, Hunt, Hart, Nottle Brown and Baerwitz alleging damage to Mr. Nottle's . property at 2500 1st Avenue, Corona del Mar in con- nection with a storm drain in February, 1970. Claim of Pan Tzu Lien for damage to his automobile Lien on August 14, 1970 when it was involved in an accident with a City vehicle. Claim from Balboa Island Ferry f or d a m a g e t o Balboa a pane of glass in the office, allegedly caused by a Ferry City employee engaged in placing a sign on the bay . front seawall. Claim of George M. Dawes for damages to his auto- Dawes mobile on May 21, 1970 when it was struck by a City vehicle. Claim of Howard Alexander Bennett for property Bennett damage and personal injuries allegedly caused when he was involved in an accident with a City vehicle. Summons and Complaint for Assault, Battery and Verdult False Imprisonment, William W. Verdult, Plaintiff, in Superior Court for the County of Orange. • Volume 24 - Page 233 tion s •ee X r -nts COUNCILMEN 3s 9 s C' o r o ,n pp N9��N5 C (Ny PDLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX Irvine Ave ning 16th Ave pr r/ Cliff ignal 229 34 Dept 5. The work was accepted on the Irvine Avenue Widening, Irvin • 15th Street to 16th Street, Contract No. 1262, and Wide the City Clerk was authorized to file a Notice of Com- 15th - pletion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented. ) 6. The work was accepted on the Third Avenue Street Third Improvements, Contract No. 1291, and the City Clerk St Im was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented.) 7. The work was accepted on the Traffic Signal Instal- Dove lation, Dover Drive at Westcliff Drive, Contract No. West • 1189, and the City Clerk was authorized to file a Trf S Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Director was presented. ) 8. The public improvements constructed in conjunction Tr 6 with Tract No. 6229, located easterly of Marguerite Avenue along Sausalito Drive were accepted, and the City Clerk was authorized to release the Faithful Performance Bond No. CP 7280 and to release the • Labor and Material Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented. ) 9. The public improvements constructed in conjunction Tr 6E with Tract No. 6634, including Buck Gully Drive, located easterly of Marguerite Avenue and northerly of Fifth Avenue were accepted, and the City Clerk was authorized to release Faithful Performance Bonds • Nos. 355015 and 355016 and to release the Labor and Material Bond in six months provided no claims have been filed. (A report from the Public Works Director was presented. 10. The donation of 24 obsolete fire helmets, surplus Fire Fire Department turn -out gear, to the "Bombero Program" Equil a project sponsored by the California Fire Chief's Association, was approved. (A report from the City Manager was presented.) 11. The expense accounts of Mayor Pro' Tem Rogers for attending. Senate hearings in.Sacramento'July 26-27, 29; August 2, 3,and 19; 1970 in connection with "the Coastal'Freeway,,were approved: -. . • Volume 24 - Page 234 Irvine Ave ning 16th Ave pr r/ Cliff ignal 229 34 Dept COUNCILMEN y gi c 9� �O °N y? SQLL CALL a CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX 12. The following business license was approved: • Application of Michael Shay, owner of Fun For Rent, 703 Edgewater, Balboa, for boat rentals. 13. The following Budget Amendments, June 30, 1970 inter -fund transfers and closing entries, were approved: (A report from the Finance Director was presented) BA -87, $118, 067. 47 decrease in Fund Balance; increase in Budget Appropriations and a decrease in Revenue Estimates, General Fund - closing entry. BA -88, $19, 730. 11 increase in Fund Balance; a decrease in Budget Appropriations and increase in • Revenue Estimates, Park and Recreation Fund - closing entry. BA -89, $5, 222. 68 increase in Fund Balance; a decrease in Budget Appropriations and a decrease in Revenue Estimates, Library Fund - closing entry. BA -90, $19, 206. 74 increase in Fund Balance; a decrease in Budget Appropriations and an increase in • Revenue Estimates, Retirement Fund - closing entry. BA -91, $153, 317. 23 increase in Fund Balance; a decrease in Budget Appropriations, and an increase in Revenue Estimates, State Gas Tax Fund (Sec. 2106 and Sec. 2107) - closing entry. BA -92, $14, 625. 49 decrease in Fund Balance; a decrease in Revenue Estimates, Traffic Safety Fund - closing entry. BA -93, $13, 184. 52 increase in Fund Balance; an increase in Revenue Estimates, Parking Meter Fund - closing entry. BA -94, $2, 982. 90 decrease in Fund Balance; a decrease in Revenue Estimates, Tide & Submerged Lands Fund - closing entry. BA -95, $16, 292. 73 increase in Fund Balance; a decrease in Budget Appropriations and an increase in Revenue Estimates, Gas Tax Contribution Fund - closing entry. • Volume 24 - Page 235 COUNCILMEN ?i t 'a 9 y?i c+s'Ao,n9 NC9 ��iP S 9r `9 F]Q�L CALL N CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX BA -96, $112, 106. 59 increase in Fund Balance; a • decrease in Budget Appropriations and a decrease in Revenue Estimates, Capital Improvement Fund - closing entry. BA -97, $124, 881. 90 increase in Fund Balance; a decrease in Budget Appropriations and a decrease in Revenue Estimates, Building Excise Tax Fund - closing entry. BA -98, $2. 50 increase in Fund Balance, a decrease in Budget Appropriations, Water Bond I &R Fund - closing entry. BA -99, $647.90 increase in Fund Balance; an increase in Revenue Estimates, Water System Development • Fund - closing entry. BA -100, $134, 575. 04 increase in Fund Balance; a decrease in Budget Appropriations and an increase in Revenue Estimates, Water Fund - closing entry. BA -101, $923. 19 increase in Fund Balance; an increase in Budget Appropriations and an increase in Revenue Estimates, Marinapark Fund - closing entry. • BA -102, $11, 241. 90 decrease in Fund Balance; transfer to Reserves for Surfboard Acquisition and Tennis Court Construction, Park and Recreation Fund - closing entry. BA -103, $11, 018. 40 increase in Fund Balance; transfer from Reserve for Tennis Court Construction for partial payment of Mariners Park Tennis Courts to Building Excise Tax Fund - closing entry. • BA -104, $100, 000. 00 decrease in Fund Balance; transfer to Reserve for future water sources, Water Fund - closing entry. BA -105, $35, 923. 45 decrease in Fund Balance; transfer to Reserve for Off - Street Parking, Parking Meter Fund - closing entry. BA -106, $2, 625. 00 increase in Fund Balance; return to Fund Balance the 1969 -70 requirement of $107, 822. 50 and set up the 1970 -71 requirement of $105, 197. 50, Water Fund - closing entry. • Volume 24 - Page 236 COUNCILMEN BQLL CALL rev FP�g C �N$ CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX BA -107, $58, 430. 00 transfer from Capital Improve - • ment Fund Balance for repayment of advance to reconstruct Ocean Front Parking Lotto General Fund closing entry. BA -108, $19, 208. 09 transfer from Retirement Fund. Balance for partial payment of advance to General Fund - closing entry. 14. The following Budget Amendments (1970 -71) were approved: BA -13, $4, 626 transfer to provide for 1969 -70 carry- over Capital Improvement Project from Unappropri- ated Contingency Reserve to Raise Bulkheads - West Newport Channel, General Fund. • BA -14, $86, 100 increase in Budget Appropriations and decrease in Fund Balance to provide for 1969 -70 carry -over Capital Improvement Project from Unappropriated Surplus, to Budget Appropriations - Widen Irvine Avenue, 15th - 16th - install traffic signals - plans and R/W widening 32nd Street -R /W for street widening projects- reconstruct Balboa Boulevard, State Gas Tax Fund. • BA -15, $9, 200 increase in Budget Appropriations and decrease in Fund Balance to provide for 1969 -70 Carry -over Capital Improvement Projects from Unappropriated Surplus, to Budget Appropriations, Widen Irvine Avenue between 15th and 16th Street - Jamboree Road, Palisades to MacArthur, Contri- butions Fund. BA -16, $46,645.10 increase in Budget Appropriations and decrease in Fund Balance to provide for transfer of remaining Fund Balance to Unappropriated Con- tingency Reserve from Unappropriated Surplus to Budget Appropriations, General Fund. BA -17, $9, 279 increase in Budget Appropriations and Revenue Estimates to provide for property owners' share of construction of curb, gutter and pavement on west side of Irvine Avenue south of 21st Street from Unappropriated Surplus, to Budget Appropriations, Construct Sidewalks- Irvine South of 21st Street, Contributions Fund. BA -18, $1, 370 transfer of Budget Appropriations to provide for purchase of electronic printing calculator • Volume 24 - Page 237 COUNCILMEN 3 f�P�S COON 'y i C 9A p0 min 7� s`9 GPs NgG BGLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES HFOL 3 ax me r on from Unappropriated Contingency Reserve to Finance Department - Office Equipment, General Fund. (A report from the City Manager was presented. ) ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Senator Randolph Collier enclosing a Gas T copy of proposed Constitutional Amendment which Funds will be placed on the November ballot and will be known as Number 18 which would divert gasoline tax funds for other than highway purposes, and requesting Motion x that Council oppose Number 18, was referred to the Ayes x x x x x x x Pending Legislation Committee for report back to Council. is 2. A report from the Public Works Director was pre- Npt Q aented regarding the Newport Center Headquarters Fire Fire Station, Contract No. 1266. Statio: Motion x Councilman Kymla made a motion to disapprove the Ayes x x plans and specifications as presented by the Public Noes x x x x x Works Director, which motion failed to carry. The plans and specifications for the Newport Center otion x Headquarters Fire Station were approved, and the Ayes x x x x x x City Clerk was authorized to advertise for bids to be Noes x opened at 10:00 A. M. on October 6, 1970. 3. Letters protesting the Pavilion Queen operation from Pavili Mrs. Edward H. Kelly and Mrs. John M. Rau, copies Queen of replies to Mrs. Rau and Byron H. Farwell from Phillo Tozer and letter to Council from Phillo R. Tozer regarding said protests, were presented. • City Clerk Laura Lagios stated that a commercial harbor permit application from Davey's Locker, Inc. to operate the Pavilion Queen in the bay had been received and would be set for public hearing on September 28, 1970. It was agreed that Mr. Tozer of Davey's Locker and the persons who had written complaint letters should be notified of said hearing. 4. A postcard from Mrs. Maria Goen requesting that Dogs Motion x dogs be banned from City beaches was referred to Ayes x x x x x x x staff for reply. • • Volume 24 - Page 238 ax me r on COUNCILMEN ?i ? �'�'O P1.fO9 y?i 0 AO,n sf BQLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX at kve 5. A report was presented from the City Manager State • regarding State cooperative purchasing. Coop Purcha Resolution No. 7277, authorizing the Department of General Services of the State of California to purchase R -7277 motor vehicles and miscellaneous materials, equip- Motion x ment and supplies for the City, was adopted after the Ayes x further reading of the resolution was waived by unanimous consent of the Council. 6. A report was presented from the Public Works Seal Cc Director regarding the Annual Street and Alley Seal Progra Coat Program, Contract No. 1294. Neal Loughran spoke from the audience and stated he had bid on the Gilsonite item only, and requested • Council to split the awarding of the contract. Resolution No. 7278, awarding a contract to Ted R. R -7278 Jenkins Co. , Inc., Long Beach, California, in the amount of $19, 468. 00, for Annual Street and Alley Motion x Seal Coat Program, Contract No. 1294, was adopted Ayes x x x X X N N after the further reading of the resolution was waived by unanimous consent of the Council. • CONTINUED BUSINESS: 1. A report from the Public Works Department on Irvine i Motion x effective speed zone change on Irvine Avenue was Speed Ayes x X x X X N N received and ordered filed. Limits 2. A report was presented from the Water Committee Annx 7( regarding water service to Harbor View Hills, Sector • IV (Proposed Annexation No. 70). Motion x Water service was approved to Harbor View Hills, Ayes x x x x x x x Sector IV, by a system that would be designed in conformance with the following policy statements: (a) The City will provide water service to the residents of the City of Newport Beach; (b) The City's water distribution system shall be designed and expanded so that under normal operating conditions, the City's distribution system will be independent of distribution system owned by others; (c) The City will encourage and cooperate with neighboring agencies in the joint use ofinter- connects designed to provide emergency water • Volume 24 - Page 239 at kve COUNCILMEN 3�P so oo �2 oo �� 9p pN�yN J'`9 ��',n Z i ROLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX ru"! to all ches al es service or backup facilities. However, all facilities shall be constructed so that under • normal operating conditions the interconnect would be in a closed position. (d) The City may consider the joint use of well fields, major transmission lines and the joint use of sites for pumping and storage facilities; and (e) The City may consider the temporary use of joint facilities and the advancement of water funds to assist in the expansion of the water system. 3. Mayor Hirth recommended the appointment of Council- Emp G men Kymla and Dostal as members of the standing Ins Cm Council Employee Group Insurance Committee. Councilman Dostal declared for the record that there might be a possible conflict of interest since he • represents an insurance company for his law firm. Motion x The Mayor's recommendations were approved, and Ayes x x x x x x Councilman Carl Kymla and Councilman Milan Dostal Abstain x were appointed to the Employee Group Insurance Committee. 4. A letter was presented from the Parks, Beaches and Volley b Recreation Commission regarding volleyball playing on Bea on public beaches. �vlotion x The City Attorney was directed to prepare a reso- Ayes x x x x x x x lution amending Resolution No. 6539 establishing regulations controlling the installation and main- tenance of volleyball playing areas on the public ocean front beaches in the City to include bay beaches. CURRENT BUSINESS: 1. Letters from Newport Beach Cablevision, Inc. CATV Omotion requesting to increase installation charge fee and x requesting extension of franchise for an additional Ayes x x x x x x x 15 years were referred to staff for study and report. 2. A resolution was presented concerning representation Region of local government on regional governmental agencies Govt Agenci Revised Resolution No. 7279, concerning repre- sentation of local government on regional govern- R -7279 Motion x mental agencies, was adopted after the further reading Ayes x x x x x x x of the resolution was waived by unanimous consent of the Council. 3. The matter of Balboa Boulevard, Villa Way and 32nd Street improvements assessments was taken up earlier in the meeting under Public Hearings. • Volume 24 - Page 240 Amended 9/28/70 ru"! to all ches al es COUNCILMEN 3 �1 PpS n 0.0 � �n 9Ao 9QLL CALL CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX 67 rth 4. A report was presented from the Water Committee Water regarding 1970 Water Rate Study. Rates The transfer of 15% of all meter revenues from the Water Fund to the General Fund to cover contributions to the Sewer Fund, Administrative Support, Base Rental and all other miscellaneous charges was ap- Motion x proved; and the City Attorney was directed to prepare Ayes x x x x x x x an ordinance establishing the following increases in rates and charges: Increase the cost of all water over 240, 000 cubic feet per month from $. 12 to $. 16 per 100 cubic feet; Add a surcharge to the existing readiness -to- serve charge of $1. 00 per month for each • living unit in excess of one per water meter; Add a surcharge to the existing readiness -to- serve charge of $. 50 per month per each hotel and motel unit and each hospital or convalescent home bedroom in excess of one per water meter; Increase the connection charge from a flat $50. 00 to $50. 00 per inch of water service diameter with a $50. 00 minimum. 5. A report was presented from the Planning Director Tr 725 regarding the findings of the Planning Commission in connection with The Irvine Company request to delete Condition No. 23 from the Conditions of Approval of the approved Tentative Map for Tract 7247, located on the south side of San Joaquin Hills Road east of Marguerite Avenue. Condition 23 states "that a pedestrian access way commencing from Street "A" at the northeasterly corner of Lot A, • thence around the corner of Lot 1 and connecting to the present utility easement between Lots 19 and 20 of the adjacent Tract No. 6152 be installed. " Planning Director Larry Wilson gave a staff report. The deletion of Planning Commission Condition No. 23 Motion x from approved Tentative Map of Tract 7247 was ap- Ayes xxxxxxx proved. HARBOR PERMITS: 1. A report was presented from the Harbor and Tidelands Lapwc Administrator regarding Harbor Permit Application . Volume 24 - Page 241 67 rth COUNCILMEN ?i ?- 0500'a y3 OyTO Mp _,rC9 P%o y C QL 3QLL CALL 0 CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX No. 130 -2706 of William Lapworth to revise the pier • bayward of 2706 Bayshore Drive. Harbor and Tidelands Administrator George Dawes gave a brief staff report. Motion x Harbor Permit Application No. 130 -2706 was ap- Ayes x x x x x x x proved. 2. A report was presented from the Harbor and Tidelands Tyler Administrator regarding Harbor Permit Application No. 109 -1501 of Bruce Tyler to revise the pier and slip bayward of 1501 E. Bay Avenue. Harbor and Tidelands Administrator George Dawes gave a brief staff report. *Motion x Harbor Permit Application No. 109 -1501 was ap- Ayes x x x x x x x proved, subject to the condition that if there should be a future subdivision of the property, the Harbor Permit would be revoked. 3. A report was presented from the Harbor and Tidelands Gadariar Administrator regarding Harbor Permit Application No. 120 -2414 of Mr. A. Gadarian to revise the floats 0 bayward of 2414 Newport Boulevard. Motion x Harbor Permit Application 120 -2414 was approved. Ayes xxxxxxx ADDITIONAL BUSINESS: 1. A report from the Planning Director regarding Annex - Annex 7? ation No. 73 (Collins Annexation) to the City of New- port Beach was presented with a letter from Attorney • Robert A. Smith, representing Mr. John H. Burton and the Council for the Communities of Irvine, stating that a Notice of Intention to Circulate a Petition for Incorporation of the new City of Irvine was filed September 11, 1970, with the County Board of Super- visors, and alleging that by virtue of the filing of said Notice, there is now in effect a 90 -day moratorium on any further annexation proceedings. Robert Smith, representing Mr. John H. Burton and the Council for the Communities of Irvine, and Ray Quigley, member of the Council for the Communities of Irvine, spoke from the audience in support of a 90- day moratorium. • Volume 24 - Page 242 COUNCILMEN 'f� PD 5 C'9 O 9 '2 ?• c P� 0 BOLL CALL CITY OF NEWPORT BEACH September 14. 1970 MINUTES INDEX lc Resolution No. 7280, giving notice of proceedings R -728 initiated by the City Council on its own motion for the annexation to the City of Newport Beach of certain uninhabited territory known as the Collins Annexation - Annexation No. 73, and setting November 9, 1970 as the date for hearing protests to said annexation, was Motion x adopted after the further reading of the resolution was Ayes xxxxxxx waived by unanimous consent of the Council. Motion x The Mayor was directed to invite elected officials and Ayes x x x x x x x staff members of the cities of Santa Ana, Costa Mesa and Tustin to join with the City of Newport Beach in analyzing the effects that the proposed incorporation boundaries of the City of Irvine will have on said cities; and the Mayor was authorized to appoint at the appropriate time a City official and City staff member . to represent the City. Motion x The Mayor was authorized to accept the invitation Ayes x x x x x x x from The Irvine Company to participate in talks with the Council of the Communities of Irvine on the sub- ject of the new City's proposed boundaries. 2. Mayor Pro Tem Rogers read in full a letter from Paci£ Walter J. Koch, Chairman of the Citizens Coordi- Coast • nating Committee, regarding the Pacific Coast Free- Fwy way, requesting Council to notify the State Division of Highways and the Orange County Road Department that the Citizens Coordinating Committee of Newport Beach will begin their petition drive on September 25, 1970 "to cause the City to rescind the Freeway Agree- ment and to amend the City Charter so as to allow this and future City Councils to be free of this highly controversial issue so that the people can decide the • issue. 11 Motion x It was directed that subject letter be forwarded to the Ayes x x x x x x x State Division of Highways and the Orange County Road Department with the statement that it had been received by the Council as an official document. 3. Mayor Pro Tem Rogers made a- motion to direct the Mayor to write a letter to Assemblyman Badham requesting his intervention with the Governor to ask for help through the Governor's Special Task Force to study the Coastal Freeway route in the City of Newport Beach, which motion was withdrawn and Mayor Pro Tem Rogers agreed to have the matter delayed until the September 28 meeting. • Volume 24 - Page 243 lc COUNCILMEN �< PO y Oil O 9 O TA SQLL CAL L �rFP�y C �N�N CITY OF NEWPORT BEACH September 14, 1970 MINUTES INDEX Mayor Hirth announced, with the full consent of the • Council, that the regularly scheduled Council meeting for October 26 would be held on October 19 due to the League of California Cities convention in San Diego the week of the '26th. The meeting was adjourned at 10:45 P.M. Via.- Mayor ATTEST: • , qty Cl rk • • Volume 24 - Page 244