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Home My WebLink About04/12/1971 - Regular MeetingCOUNCILMEN ?itA ZO Oq 4� 0 9 0 9 y ?i �' %.� O �' 9 ROLL CALL s�v ' ( CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place: Council Chambers Time: 7:30 P.M. Date: April 12, 1971 MINUTES 11dr)MV Present x x x x x x x Roll Call. 4 The reading of the Minutes of the Regular Meeting of Motion x March 22, 1971 was waived, and said Minutes were Ayes x x x x x x x approved and ordered filed. HEARINGS: 1. Public auction for the purpose of selling the City- Adams/ owned property at the corner of Brookhurst and Brook - Adams, Huntington Beach: hurst City- owned' A report was presented from the Acting City Manager Property regarding the receipt of two sealed bids, opened by the City Clerk on April 2, 1971, stating bid from Downey Savings and Loan Association was for $338, 000 and bid from Rinker Development Corpo- ration was for $327, 250. Councilman Milan Dostal, with the consent of the Council, vacated his seat at the Council table due to a conflict of interest. Acting City Manager Philip Bettencourt opened the public auction and called for oral bids. (Only those persons who had submitted a qualified, sealed bid accompanied by deposit were allowed to make an oral bid, pursuant to Resolution No. 7361; the first oral bid to exceed the highest sealed bid by 5% and ad- ditional bids to be in multiples of $5, 000.) Oral bids were submitted by Walter Frome, Secre- tary- Treasurer of Rinker Development Corporation, and Thomas C. Starrett, Counsel for Downey Savings and Loan Association, in the following order: Rinker Development $ 354,900 Downey Savings 359, 900 Rinker Development 364,900 Downey Savings 369,900 Rinker Development 374,900 Downey Savings 379,900 Rinker Development 384,900 Downey Savings '38'9, 900 Rinker Development 394,900 Downey Savings 399,900 Volume 25 - Page 88 COUNCILMEN ��2ooA °y 3 oC� �'� BOG ONA9�in ROLL CALL CITY OF NEWPORT BEACH April 12, 1971 MINUTES INDEX Rinker Development $ 404,900 . Downey Savings 409,900 Rinker Development 414,900 Downey Savings 419,900 Acting City Manager Philip Bettencourt reported to. the Council that the highest qualified bid received was from Downey Savings and Loan Association in the amount of $419, 900. The City -owned property at Brookhurst Street and Adams Avenue, Huntington Beach, consisting of 1. 93 Motion x acres, was sold to the highest qualified bidder, Ayes xxxxx x Downey Savings and Loan Association, for the amount Absent x of $419, 900. Resolution No. 7398, authorizing the Mayor and City R -7398 Motion x Clerk to execute a Grant Deed for subject property, Ayes x x x X X x was adopted after the reading of the resolution was Absent x waived by unanimous consent of the Council. Motion x The City Attorney was directed to open an e -scrow for Ayes x x x x X x the sale of the property, pursuant to Resolution No. Absent x 7361. . Councilman Dostal resumed his seat at the Council table. ORDINANCE FOR ADOPTION: 1. Ordinance No. 1378, being, Modifi- cations AN ORDINANCE OF THE CITY OF NEWPORT Cmte BEACH AMENDING SECTION 20. 47. 010 OF THE NEWPORT BEACH MUNICIPAL CODE IN CON- NECTION WITH RECONSTITUTION OF MODIFI- CATIONS COMMITTEE, changing the composition of its members from Planning Director, Building Director and Public Works Director, as established in Ordinance No. 1268, to Community Development Director, Public Works Director and City Attorney, was presented for second reading. Motion x Ordinance No. 1378 was adopted after the reading of Ayes xxxxxxx the ordinance was waived by unanimous consent of the Council. Volume 25 - Page 89 COUNCILMEN t� \TIP y�'ROLL CALL CITY OF NEWPORT BEACH April 12, 1971 MINUTES INDEX ORDINANCES FOR INTRODUCTION: • I. Proposed Ordinance No. 1379, being, Audio - Amplifi - AN ORDINANCE OF THE CITY OF NEWPORT cation/ BEACH AMENDING SECTION 20. 08.030 OF THE Live NEWPORT BEACH MUNICIPAL CODE PER- Enter - TAINING TO DANCE HALLS, ESTABLISHMENTS tainment WITH LIQUOR, ETC., Planning Commission Amendment No. 285, requiring Use Permits for all such establishments, regardless of location, having audio - amplification or live enter- tainment, was presented with a report from the Com- munity Development Department. Motion x Ordinance No. 1379, as amended, was introduced and Ayes x x x x x x x passed to second reading on April 26, 1971. 2. Proposed Ordinance No. 1380, being, Drive -in Facilities AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.01. 136 AND AMENDING SECTIONS 20. 20. 030, 20. 22. 030, 20.24.030, 20. 26. 040, 20. 30.040 AND 20. 32. 040 • OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING USE PERMIT REQUIREMENTS FOR DRIVE -IN FACILITIES, Planning Commission Amendment No. 282, defining drive -in facilities and requiring Use Permits for such businesses, was presented with a report from the Community Development Department. Motion x Ordinance No. 1380 was.introduced and passed to Ayes x x x x x x x second reading on April 26, 1971. 3. Proposed Ordinance No. 1381, being, Beach Closing AN ORDINANCE OF THE CITY OF NEWPORT Time BEACH AMENDING SECTION 11. 08.030 OF THE NEWPORT BEACH MUNICIPAL CODE IN CON- NECTION WITH CLOSING HOURS OF CORONA DEL MAR BEACHES, establishing the closing time of Corona del Mar beaches located easterly of the Harbor entrance at 10:00 P.M. instead of midnight, was presented with a report from the City Attorney. • Volume 25 - Page 90 COUNCILMEN °A A ROLL CALL " CITY OF NEWPORT BEACH April 12, 1971 MINUTES INDEX Motion x Ordinance No. 1381 was introduced and passed to ees xxxxxxx second reading on April 26, 1971. 4. Proposed Ordinance No. 1382, being, Community Developmt AN ORDINANCE OF THE CITY OF NEWPORT Dept BEACH AMENDING CHAPTER 2. 12, ENTITLED "ADMINISTRATIVE DEPARTMENTS" TO REFLECT INCORPORATION OF PLANNING AND BUILDING DEPARTMENTS INTO COMMUNITY DEVELOPMENT DEPARTMENT, was presented with a report from the City Attorney. Motion x Ordinance No. 1382 was introduced and passed to Ayes x x x x x x x second reading an April 26, 1971. 5. Proposed Ordinance No-. 1383, being, Dist Map No 14 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REZONING PROPERTY AND AMENDING DISTRICT MAP NO. 14, Planning Commission Amendment No. 286, amending a portion of said map from a C -1 District to an R -2 • District, Lot 6, Block 9, Section 1, Balboa Island Tract, located at 510 South Bayfront on the northwest corner of South Bayfront and Opal Avenue, was pre- sented with a report from the Community Development Department. Zoning Administrator Jim Hewicker gave a report on the findings of the Planning Commission. Motion x Ordinance No. 1383 was introduced and set for public Ayes x x x x x x hearing on April 26, 1971. 6. A proposed ordinance amending Chapter 20.46 of the Use Newport Beach Municipal Code providing for City Permits Council review of Use Permits and a report from the Motion x Community Development Department were referred Ayes x x x x x x x to the Planning Commission for public hearing and report back. CONTINUED BUSINESS; 1. A letter was presented from the Parks, Beaches and City -owne< Recreation Commission recommending that the City- Prop 43rd, • owned property at 43rd Street and River Avenue River Volume 25 - Page 91 R01 COUNCILMEN �i 1' a p`9 NS (Z CALL CITY OF NEWPORT BEACH Anril 12_ 1971 MINUTES INDEX nts ion �s ing (formerly referred to as 46th and Lake) be retained . for future park purposes. The City -owned property at 43rd Street and River Motion x Avenue is to be retained for future park purposes Ayes xxxxxxA until the matter is brought up again at some future date. 2. Resolutions authorizing execution of space easement Space agreements with Mr. E. O. Rodeffer and Kaiser Easeme Aetna relative to open areas in connection with pro- posed construction of buildings on lease properties located on the northwest corner of St. Nicholas Drive and future Avocado Avenue and at 369 San Miguel Motion x Drive were postponed until such time as amended Ayes xxxxxxx agreements have been signed by Rodeffer and Kaiser Aetna. CURRENT BUSINESS: 1. A report was presented from the City Attorney Instruc- regarding proposed amendment to Council Policy tional regarding Instructional Recreation Activities. Recreat Activitii Council Policy I -6, "Instructional Recreation Activi- otion x ties ", was amended as recommended by the City Ayes xxxxxxx Attorney. Z. A sound amplifying permit application from Calvary Calvary Chapel of Costa Mesa requesting to use a portable Chapel/ generator, amplifier and microphone on Corona del Sound Mar beach on April 17, 1971 from 12:00 noon to Amplify 5:00 P.M. for a baptismal service was presented Appl with a letter from Calvary Chapel explaining reasons for requesting special consideration and a report from . the Acting City Manager. As there is no provision for the granting of exceptions to the Municipal Code Section which prohibits sound amplification equipment on public beaches and in Motion x Balboa Park, subject request was referred to the Ayes xxxxxxx Acting City Manager for denial of the Sound Amplifyin Permit and for the issuance of a Special Event Permit for the use of public beaches in accordance with Section 5.10. 025 of the Newport Beach Municipal Code. • Volume 25 - Page 92 nts ion �s ing COUNCILMEN ROLL CALL CITY OF NEWPORT BEACH Avril 12. 1971 MINUTES INDEX 3. A request from Dr. K. J. Smallwood for an encroach- Encroach- ment permit for paving and landscaping in the public ment/ otion x right -of -way at 3729 Ocean Boulevard was referred Ocean Ayes xxxxxxx to staff for study and report back. Blvd 4. A letter was presented- from the Chairman of the NB City Newport Beach City Arts Committee regarding ap- Arts Cmte pointments to the Committee. Motion x The resignation of Mrs. Cynthia Phillips was accepted Ayes xxxxxxx with regret; and subject letter was referred to the Council Appointments Committee for consideration of a replacement for Mrs. Phillips and for filling the two vacancies occurring June 30, 1971. 5. A report from the City Attorney regarding a proce- Procedura dural rules resolution for the�condutt of City 'Council Resolutior meetings and a report from the City Clerk were Motion x referred back to the City Attorney to include in the Ayes xxxxxxx resolution the amendment as recommended by the City Clerk and the amendments recommended by the Council at the afternoon Study Session. 6. A report was presented from the Public Works Alley Director regarding proposed vacation of an alley and Vacation . a public utility easement in Block 632, Corona del Mar, and Block D, Tract 323. Motion x The following resolutions were adopted after the Ayes xxxxxxx reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7399 adopting a map showing an R -7399 alley in the City block bounded by Pacific Coast Highway, Dahlia, 3rd and Fernleaf Avenues which is proposed to be vacated, closed up and aban- doned. Resolution No. 7400 declaring intention to order R -7400 the closing up, vacation and abandonment of a portion of an alley bounded by Pacific Coast High- way, Dahlia, 3rd and Fernleaf Avenues; and setting public hearing for May 17, 1971. 7. A report was presented from the Community Develop- Tract 7381 ment Department regarding Tentative Map of Tract 7386, a subdivision of 111.4 acres into 232 residential lots and 2 open space lots, located northerly of San Joaquin Hills Road and easterly of Marguerite Avenue. • Volume 25 - Page 93 COUNCILMEN Zy� °C) PA-0 N y� �N 9 9N ti ROLL CALL s F_ L 4 I L CITY OF NEWPORT BEACH April 12. 1971 MINUTES INDEX Zoning Administrator Jim Hewicker gave a report on the findings of the Planning Commission. William Lusk, developer, agreed to hire an acoustics engineer to provide sound deadening for aircraft. Doug Unruh, representing The Irvine Company, spoke regarding the paseos development concept. Motion x The Tentative Map of Tract 7386 was approved, sub - Ayes xxxxxxx ject to the conditions recommended by the Planning Commission, and to the additional condition that Lusk come back with a satisfactory plan on how they will cope with the sound problem; and the paseos concept was approved in concept insofar as this tract is con- cerned. 8. A report was presented from the Community Develop- ment Department regarding Tentative Map of Tract 7384, a subdivision of 42 residential lots and 5 land- scaped lots, located on the southerly side of Big Canyon Drive, northerly of San Joaquin Hills Road and westerly of MacArthur Boulevard. Zoning Administrator Jim Hewicker gave a report on ' the findings of the Planning Commission. Motion x Tentative Map of Tract 7384 was approved, subject to Ayes x x x x x x x the conditions recommended by the Planning Com- mission. 9. A report was presented from the Community Develop- Tract 716 ment Department regarding request for a one -year extension of the previously approved Tentative Map of Tract 7167, located at the northwest corner of East - bluff Drive and Vista Del Oro. Motion x A one -year extension of previously approved Tenta- Ayes x x x x x x x tive Map of Tract 7167 was approved. 10. A report was presented from the Community Develop- Tract 703; ment Department regarding the Final Map of Tract 7032, a subdivision of 17.16 acres into 75 lots, con - sisting of a portion of Tentative Map of Tract 6938. Motion x The Final Map of Tract 7032 was approved, subject Ayes x x x x x x x to the conditions recommended by the Planning Com- mission; and the following resolution was adopted after the reading of the resolution was waived by ' unanimous consent of the Council: Resolution No. 7401 authorizing execution of an R -7401 agreement between the City of Newport Beach and Volume 25 - Page 94 COUNCILMEN 3 �� .yN 9 cFN�s ROLL CALL CITY OF NEWPORT BEACH April 12, 1971 MINUTES INDEX 47 47 Donald L. Bren Company, subdivider, for the • construction of improvements in Tract 7032. 11. A report was presented from the Community Develop - Tract 69 ment Department regarding the Final Map of Tract 6947, a subdivision of 51.48 acres into 8 lots located easterly of Jamboree Road and northerly of extension of San Joaquin Hills Road, Park Newport. Motion x The Final Map of Tract 6947 was approved, subject Ayes xxxxxxx to the conditions recommended by the Planning Com- mission. 12. A report was presented from the Community Develop- Tract 72. ment Department regarding proposed street name changes on Final Map of Tract 7247, located on the southerly side of the extension of San Joaquin Hills Road between Marguerite Avenue and Spy Glass Hill Road. Zoning Administrator Jim Hewicker gave a brief staff report. Motion x Previously approved Final Map of Tract 7247 was Ayes x x x x x x x amended to reflect the following street name changes: Reef View Circle-, Ocean Birch Drive, Harbor Crest • Circle, Bay Cliff Circle and Sea Bell Circle. 13. The request from the Corona del Mar Chamber of CdM Commerce for the use of City trucks and crews in Annual Motion x connection with their annual clean -up and beautifi- Clean -up Ayes x x x x x x x cation drive was approved. CONSENT CALENDAR: Motion x The following items were approved by one motion af- Ayes x x x x x x x firming the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Econolite concurring with the City's claim for liquidated damages in connection with the delay in completion of the Jamboree Road Improve- ments, Contract 1205. - Letter from Harbor View Hills Homeowners Associ- ation acknowledging the cooperation and action by the Traffic Engineering Division in restriping of Margue- • Volume 25 - Page 95 47 47 COUNCILMEN 3�; �,� �° 2 3 C sC9 ��in ROLL CALL CITY OF NEWPORT BEACH April 12, 1971 MINUTES INDEX rite Avenue and the installation of left turn pockets to • alleviate traffic problems within that community. Copy of letter to Public Works Director from West Newport Improvement Association expressing appreci- ation for the changes made at the intersection of 47th Street and Balboa Boulevard. Letters from Russell C. Griffith enclosing newspaper article, W. R. Martin, Margaret E. Hall, June M. Byrtus and William L. Byrtus protesting dog litter on beaches, and letters from the Balboa Island Improve- ment Association and the Balboa Peninsula Point Association favoring proposed ordinance prohibiting animals on beaches. Note from Maria G. Goen protesting proposed Civic Center. Letter from Dorothy H. Duggie commending Council for its positive action in seeking the rescission of the existing Freeway agreement, and urging support of Ronald Caspers and the Board of Supervisors to have Upper Newport Bay designated as a national wildlife refuge. • Letters from Steve Bruns, Mrs. Richard Whitaker, Judith Toubes and Robert C. Kausen protesting development of Upper Newport Bay as well as its preservation as a wildlife refuge. Resolution of Board of Supervisors dated March 16, 1971, with copy of Rules of Procedure adopted by the resolution effective April 20, 1971. Letter from City of Walnut with copy of its resolution expressing concern regarding request of Southern California Edison Company for rate increase. Resolutions of the cities of Fountain Valley and Tustin regarding the problem of litter and waste disposal created by the sale of beverages in disposable, non- returnable containers. Copy of letter addressed to the Parks, Beaches and Recreation Director from Ronald S. Barcume, attor- ney for Mrs. Laura Martin, special activities in- structor for dog obedience classes for the City of Newport Beach, regarding terms of her employment. • Volume 25 - Page 96 COUNCILMEN fL 90 5 230�'�o,na ��9 LPN ROLL CALL CITY OF NEWPORT BEACH April 12, 1971 MINUTES Wip] Notice from Controller of State of California regarding • apportionment of Trailer Coach Fees for period July 1, 1970 through December 31, 1970, and indi- cating Orange County's net share to be $347, 467. 13. Notice from Controller of State of California showing amounts estimated to be paid to each city and county as its apportioned share during the fiscal year ending June 30, 1972 from Highway Users Taxes, Motor Vehicle License Fees ( "In- Lieu" Tax) and Highway Carriers' Uniform Business License Tax, and indi- cating Newport Beach's share, based on 49, 422 popu- lation, to be $386, 390 of "In- Lieu" tax, and shares in Highway Users Tax as follows: $234,749 from #2106, $218, 920 from #2107 and $6, 000 from #2107. 5. Letter from California Water Resources Association opposing the campaign of Congressman Jerome R. Waldie of Contra Costa County pertaining to the Delta Peripheral Canal. Agenda of Board of Supervisors Meetings held March 23, 24, 30, 31, April 6 and 7, 1971. Z. The following communications were referred as • indicated: Referred to staff for reply, letter from Shorecliff Homeowners Association asking that police helicopter surveillance over their neighborhood be held to a minimum. Referred to Planning Commission for appropriate hearings and recommendation, letter from Orange County Street Naming Committee regarding the pro- blem of multiple street names on the Irvine Avenue - Tustin Avenue - Acacia Street - Campus Drive alignment and stating its feeling that the name Irvine Avenue would be the most acceptable alternative. (A report from the Community Development Department was presented.) Referred to Planning Commission for inclusion in study, letter from Mrs. L. S. Sunderland regarding the problem of street parking in residential, R -2 areas. Referred to staff for appropriate action, letter from J. C. Wight regarding palm trees obscuring the view • and creating traffic hazard at 42nd Street and W. Balboa. Volume 25 - Page 97 COUNCILMEN 3�,��oso�\Ir f�9 ��s 9 y ROLL CALL '^ CITY OF NEWPORT BEACH April 12. 1971 MINUTES INDEX ion :e BI Referred to staff for reply, letter from Bonnie M. • Rawlings regarding air pollution caused by beach cleaner. Referred to staff for reply, letters from Karen Hadley and The Earl's Plumbing, Inc. protesting the new . business license fees. Referred to Pending Legislation Committee, letter from City of Anaheim enclosing its resolution sup- porting and endorsing Operation Alert, sponsored by Operation Alert of Southern California, in cooperation with the Institute for American Strategy and the American Security Council, to be held May 24 -27, 1971 at the Anaheim Convention Center. Referred to staff for reply, letter from Mrs. A. H. Kepperdale, Carlsbad, California, regarding the possibility of obtaining a business location from the City for the purpose of renting metal detectors on the beach during the summer months. Referred to Environmental Quality Control Committee letter from James A. Towalski, Orange Coast College counselor of Manpower Development/ Training Pro- grams in Environmental/ Ecology Education, regarding the grant program and requesting an opportunity to talk with the Council regarding creating a position for a City environmentalist. Referred to Environmental Quality Control Committee letter from Standard Oil Company (Ohio) regarding a container developed by one of its subsidiaries which looks like glass but is more resistant to breakage and which can be easily incinerated. 3. The following resolutions were adopted after the reading of the resolutions was waived by unanimous consent of the Council: Resolution No. 7402 authorizing execution of an agree Populat ment between the City of Newport Beach and the Estimal Department of Finance of the State of California R -7402 relating to population estimate. Resolution No. 7403 awarding a contract for Alley Alley Improvements, Balboa Island, Contract No. 1286, to Imprs /] Damon Construction Company of Lynwood, California R -7403 in the amount of $36, 200. A report from Public Work • Director was presented.) Volume 25 - Page 98 ion :e BI COUNCILMEN ROLL CALL \p �� s`9 CITY OF NEWPORT BEACH April 12. 1971 MINUTES INDEX Resolution No. 7404 adding Subsection 507. 10 to R -7404 • Section V of Personnel Resolution No. 7226 relating to special compensation provisions in connection with witness fees. (A report from the Acting City Manager was presented.) 4. The following claims for damages were denied, and Claims the City Clerk's referral of the claims to the insuranc carrier was confirmed: Claim of Rebecca G. Malmar for personal injuries Malmar allegedly sustained on February 27, 1971 when she tripped over a bolt imbedded in the soil adjacent to the curb on the north side of Acacia Street approxi- mately 50 feet left of the Pacific Coast Highway. Claim of Jack W. Godwin for damages to his car on Godwin March 4, 1971 in Corona del Mar, allegedly caused by a pipe which fell from a City truck. 5. The following staff reports were presented for Council information and were ordered filed: City Attorney's memo regarding Bayside Marina Sales parking agreement. • Water Committee's report regarding Minutes of its March 29, 1971 meeting. 6. The plans and specifications were approved for the Las Lighting at Las Arenas Tennis Courts, Contract No. Arenas 1340; and the City Clerk was authorized to advertise Tennis for bids to be opened at 2:00 P.M. on May 3, 1971. Court (A report from the Public Works Director was pre- Lighting sented.) 7. The plans and specifications were approved for Jam- Jamboree boree Road Median Island Paving, Contract No. 1345; Rd Mediax and the City Clerk was authorized to advertise for Island bids to be opened. at 10:30 A.M., May 4, 1971. (A Paving report from the Public Works Director was presented) 8. The plans and specifications were approved for the Jamboree Jamboree Road Median Island Irrigation System, Rd Mediax Contract No. 1344; and the City Clerk was authorized Island to advertise for bids to be opened at 10:00 A. M. , Irrigation May 4, 1971. (A report from the Public Works Director was presented.) • Volume 25 - Page 99 COUNCILMEN A PA t� ?0 S n� O 9 y�oPa0%. ROLL CALL CITY OF April 12. 1971 NEWPORT BEACH MINUTES INDEX 9• The work was accepted for the Annual Street and Alley Street & • Seal Coating Program 1970 -71, Contract No. 1294; Alley Seal and the City Clerk was authorized to file a Notice of Coating Completion and to release the bonds 35 days after Program Notice of Completion has been filed. (A report from 1970 -71 the Public Works Director was presented.) 10. -A public hearing was set for May 17, 1971 in con- Ambulance nection with the request of Seal's Ambulance Service Rates and Schaefer's Ambulance Service to raise their mileage charge from $1. 00 to $1. 50. 11. Curt Dosh was appointed as the alternate Planning Downcoast Commission member on the Downcoast Development Develop - Committee, as recommended by the Planning Com- ment mission. (A report from the Community Development Cmte Department was presented.) 12. The expense account of Mayor E. F. Hirth for atten- dance at the Rivers and Harbors Congress in Washing- ton, D. C. on March 15 -20, and the expense accounts of Mayor Hirth and Councilman McInnis for attendance at a meeting with State Highway officials in Sacra' criento on Apri1.2, 1971 in connection with the Pacific Coast Freeway election'. • 13. The following Budget Amendment was approved: BA -69, $7, 025 transfer of Budget Appropriation for Special Municipal Election held on March 9, 1971 in connection with Pacific Coast Freeway Initiative Measures from Unappropriated Contingency Reserve to City Clerk, Elections, Postage, Freight, Express and Services, Professional, Technical. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A letter from Orange County Road Department AHFP regarding eligibility of the City of Newport Beach in Motion x the Arterial Highway Financing Program was ordered Ayes xxxxxxx filed. 2. A letter from the Balboa Island Improvement Associ- BI Fire ation protesting the recommended abandonment of the Station Fire Station on the Island and a letter from Marshall L. Keeler protesting proposed removal of the fire station from Balboa Island and stating recommendatio Motion x regarding the vacated City Manager position were yes x x x x x x x ordered filed. Volume 25 - Page 100 COUNCILMEN 34-9 soo-o ROLL CALL CITY OF NEWPORT BEACH April 12, 1971 MINUTES INDEX 3. A copy of a letter to Parks, Beaches and Recreation Bicycle • Director Calvin Stewart from West Newport Improve- Trails ment Association requesting certain changes to im- prove the safety and convenience of West Newport bicycle riders wishing to ride toward Huntington Beac Motion x and a copy of Mr. Stewart's reply were referred to Ayes xxxxxxx the Parks, Beaches and Recreation Commission for inclusion in the master park plan. 4. A letter to the City Clerk from Senator John V. Tunney POW expressing appreciation for the City's views in con- nection with the inaction in removing prisoners of war, stating his views in this regard and explaining the McGovern- Hatfield Amendment co- sponsored by him which supports the Administration's troop with - Motion x drawal schedule through May 1, 1971, was ordered Ayes xxxxxxx filed. 5. Letters, notes and newspaper clippings from G. Motion x Thomas regarding various phases of City activities Ayes x x x x x x x were ordered filed. 6. A letter from the Association of Newport Harbor Tideland Yacht Clubs stating its unanimous resolution to oppose Use Fees fees and rental charges for private and /or com- • mercial piers, slips and floats in Newport Harbor was considered. Motion x The matter of tidelands use fees was taken off the Ayes xxxxxxx table and ordered to be placed on the next Council meeting agenda for consideration of setting a public hearing. 7. A letter from the Orange County Street Naming Com- Palisades mittee regarding the possible renaming of Palisades Road Motion x Road to Bristol Street was referred to the Planning Ayes xxxxxxx Commission for appropriate hearings and recom- mendation. 8. Resolution No. 7405, reaffirming Council's intention Upr Npt to participate in cooperative and comprehensive Bay Coop planning for the future of Upper Newport Bay, was Ping Cmt( Motion x adopted, as amended, after the reading of the reso- R -7405 Ayes xxxxxxx lution was waived by unanimous consent of the Council 9. A report was presented from the City Attorney Dogs on regarding ordinances relating to dogs on public Beaches beaches. Volume 25 - Page 101 COUNCILMEN '1if'A s`9 �Pi/� ROLL CALL ^ CITY OF April 12. 1971 NEWPORT BEACH MINUTES INDEX Motion x The City Attorney was directed to draft two separate *yes x x x x x x x ordinances, one similar to the Laguna Beach ordi- nance which prohibits dogs upon all beach areas between certain hours on a seasonal basis, and one similar to the Huntington Beach ordinance which pro- hibits dogs upon public beaches at all times, both ordinances to have an exception clause for a blind person with his guide dog; and the matter was referred to the Parks, Beaches and Recreation Commission for a hearing on April 20 and to provide information to the City Attorney. 10. A report was presented from the City Attorney Encroach regarding Judgment in favor of City in case of Cassel ments v City of Newport Beach in litigation involving side- Edgewate walk on Edgewater Place. Place Motion x The staff was instructed to prepare a preliminary Ayes x x x x x x x study concerning the problem of encroachments on accesses to the water between Main Street and 7th Avenue and report back to Council. 11. The Acting City Manager's progress report on the Coast to Motion x City's study of the Coast to Crest Program was Crest Ayes x x x x x x x ordered filed. • 12. A report from the Acting City Manager regarding Marina- Motion x monthly compensation to the Marinpark attendant was park Ayes x x x x x x x tabled until budget discussions. Motion x 13. The following Budget Amendment was approved: Ayes xxxxxxx BA -70, $12, 050 increase and transfer of Budget Appropriations and $2,150 increase in Revenue Estimates for materials and labor for preparing Baldwin Building offices recently acquired for Com- munity Development staff from Unappropriated Con- tingency Reserve and Unappropriated Surplus to Non - departmental, Services - Professional, Tech. , etc. , Utilities, General Fund. (A report from the Acting City Manager was presented.) ADDITIONAL BUSINESS: l 1. The Council Policy statement regarding Budget Objec- Budget Motion x tives for the Fiscal Year 1971 -72, as recommended bT Objective Ayes x x x x x x x the Budget Policy Committee, was approved. • The'Mayor adjourned the meeting at 10:20 P. M. Mayor Volume 25 - Page 102 ATITST: Citv Clerk