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Home My WebLink About10/12/1971 - Regular MeetingCOUNCILMEN Laosn009 any i eni i m CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Place; Council Chambers Time: 7:30 P.M. Date: October 12, 1971 MINUTES Present x x x x x x x Roll Call: • PRELIMINARY ACTIONS: 1. The reading of the Minutes of the Adjourned Regular Motion x Meeting of September 20, 1971 was waived, and said Ayes xxxxxxx Minutes were 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 xxxxxxx was directed to read by titles only. HEARINGS: 1. Mayor • Hirth opened the public hearing in connection Shc with Ordinance No. 1408, being, Hg Za AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTION 20.08. 125 TO THE NEWPORT BEACH MUNICIPAL CObE, ENTITLE "SHORELINE HEIGHT LIMITATION ZONE, " Planning Commission Amendment 301, creating said Zone with boundaries including all property below the • bluff, including the back bay area and the proposed high rise locations in The Bluffs development, and establishing a 35 -foot height limitation within the Zone, for a period of one year. Mrs. Irvo Richardson, owner of a lot across from the Stuft Shirt, spoke from the audience in favor of high rise developments. No one else desired to be heard. Motion x The hearing was closed. Ayes xxxxxxx Motion x Ordinance No. 1408 was adopted. Ayes xxxx xx Noes x 2. Mayor Hirth opened the continued public hearing Kyl regarding the appeal of Carl J. Kymla from the ApI decision of the Planning Commissiondisapproving Zoning Amendment No. 298 which would have created a Lower Newport Bay Civic District and established certain standards for commercial office and multi- family residential units within said District. Volume 25 - Page 271 INDEX reline : Limit ie nla >e al COUNCILMEN 3f�2oo0 y?i ✓� a s`9 Pin Z < < ROLL CALL N$ ✓ CITY OF NEWPORT BEACH October 12, 1971 MINUTES INDEX Lent ice Councilman Kymla requested to withdraw his appeal • application. Motion x The hearing was closed. Ayes x xxxxx Abstain x Motion x Councilman Kymla was allowed to withdraw his appeal, Ayes x x x x x x without prejudice, and it was ordered that the appli- Abstain x cation fee of $75. 00 be refunded. 3. Mayor Hirth opened the public hearing in connection Weed with the 1971 -72 Weed Abatement Program (Fall) in Abaterr compliance with Resolution No. 7532. Mrs. Irvo Richardson spoke from the audience and stated that the charge was too high. Miss Suzie Ficker inquired about notification to the property owners. Motion x The hearing was closed. Aye xxxxxxx Resolution No. 7538, ordering the Fire Chief to R -7538 abate weeds and other-public nuisances existing upon x streets, alleys, sidewalks, parkways and. private Wotion es x x x x x x x property within the City, was adopted_ 4. Mayor Hirth opened the public hearing regarding the Caruso appeal of Mary Caruso from the decision of the Appeal, Planning Commission denying her request for a 2- The Pli year extension of Use Permit No. 918 which allows the operation of a beer parlor establishment with 200 feet of an "R" District, located at 2000 West Balboa Boulevard, at the northwest corner of West Balboa Boulevard and 20th Street. A report was presented from the Acting Community Development Director. David Sills, attorney for Mary Caruso, requested the Use Permit extension for a two -year period. Assistant Community Development Director Jim Hewicker gave a brief staff report. Dr. Ackerman, co -owner of the property, and his attorney, James Mitchell, stated that the parking would be worked out in a law suit now pending in Superior Court. George L. Rager spoke regarding the • parking in connection with his Beach Ball bar and restaurant. Volume 25 - Page 272 Lent ice I:Z8]Aw k Ay • M4 Ay Nc • COUNCILMEN CITY OF NEWPORT BEACH October 12, 1971 MINUTES The hearing was continued to December 13, at which time a parking plan worked out by the two establish- ments, providing for sufficient parking for both, is to be brought back to Council. 5. Mayor Firth opened the public hearing regarding the appeal of Mary Caruso from the decision -of the Planning Commission granting Use Permit No. 1460 to George L. Rager, reducing required off - street parking spaces from 20 spaces to 11 spaces for the Beach Ball bar and restaurant at 21.16 West Ocean Front, which parking is adjacent to Mrs. Caruso's beer parlor at 2000 West Balboa Boulevard. A report was presented from the Acting Community Development Director. David Sills, attorney for Mary Caruso, stated that his remarks on the appeal just heard by the Council should be incorporated by reference into this hearing. No one else desired to be heard as the matter had been discussed during the preceding hearing. Councilman Dostal made a motion to continue the hearing for sixty days. Councilman McInnis made a substitute motion to sustain the decision of the Planning Commission, which motion carried, and Use Permit No. 1460 was granted 6. Mayor Hirth opened the public hearing regarding the appeal of Patrick O'Connor from the decision of the Planning Commission denying Variance No. 1000, a request to permit the construction of a duplex on a lot having an area of 2, 323 square feet where the ordinance requires a minimum of 2, 400 square feet, located at 920 East Ocean Front on the north side be- tween "A" and "B" Streets, Lot 25, Block_14, Balboa Tract. A report was presented from the Acting Community Development Director. Acting Community Development Director Jim Hewicke gave a staff report on the findings of the Planning Commission. Pat O'Connor spoke from the audience. Paul Shapiro spoke from the audience objecting to the use of the lot Volume 25 - Page 273 INDEX Caruso Appeal/ Beach Bai O'Connor Appeal COUNCILMEN ROLL CALL Motion Ayes Motion Ayes • Motion Ayes is CITY OF NEWPORT BEACH October 12, 1 MINUTES for a duplex. Mrs. Sally Lyon, President of the Balboa Peninsula Point Association, stated that the Board objected to this project. Goldie Joseph pro- tested the zero setbacks. Miss Suzy Ficker and Aaron Westrom opposed any proposed vacation of the ocean front street. The hearing was closed. The decision of the Planning Commission was sus- tained, and Variance No. 1000 was denied. ORDINANCES FOR ADOPTION: 1. Proposed Ordinance No. 1409, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12. 24. 080 OF THE NEWPORT BEACH MUNICIPAL CODE RELATIN( TO PRIMA FACIE SPEED LIMITS, establishing 35 mile per hour speed -zones on New- port Hills Drive East, Newport Hills Drive West and Port Seabourne Way, was presented for second reading. A petition signed by 602 residents of Upper Newport Hills requesting speed controls on Ford Road, new MacArthur Boulevard, Newport Hills Drive West, Newport Hills Drive East and Port Seabourne Place was presented by Councilman Parsons. Lloyd Hess and Ray Price, representing Harbor View Hills Home owners Association, spoke from the audience in favor of the requested 25 mile per hour speed controls. The petition was referred to staff for reply, to advise that some of the matters had been taken care of; and consideration of Ordinance No. 1409 was continued to November 8-, 1971. ORDINANCES FOR INTRODUCTION: 1. Amended Ordinance No. 1403, being. AN ORDINANCE OF THE CITY -OF NEWPORT BEACH AMENDING CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE, ENTI- TLED "GARBAGE, REFUSE AND CUTTINGS ". A report from the City Manager was presented with a letter from Richard B: Hodge commending trash Volume 25 - Page 274 INDEX Speed Limits Garbage COUNCILMEN ��90%Oy 009 ROLL CALL Motion Aye s • Motion Ayes • xi CITY OF NEWPORT BEACH October 12, 1971 MINUTES pickup service, and letters from Elaine Linhoff with suggestions regarding the ordinance- Councilman Dostal presented a new amended ordi- nance. Consideration of the new amended Ordinance No. 1403 was continued to October 26, 1971. 2. A proposed ordinance, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 20. 02_037 AND 20.02. 115, AND AMENDING SECTIONS 20.02.190, 20.08.190, 20.38.030 AND 20.40.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO REVISE OFF - STREET PARKING STANDARDS FOR RESIDENTIAL USES, Planning Commission Amendment No. 281„ increasing parking requirements for single and multiple family dwellings and for rooming houses and hotels, was presented with a report from the Acting Community Development Director. A letter from the Newport Harbor -Costa Mesa Board of Realtors enclosing suggested supplements to the ordinance was presented with letters opposing ordi- nance from Elynor L. and W. A. Garriott, Mrs. Carl Hillgren, Jane H. Hunter, William. C. Hardesty and West Newport Beach Improvement Association. Consideration of the proposed ordinance was continued to November 22, 1971. CONTINUED BUSINESS: 1. Review of Ordinance No. 1386 relating to prohibiting dogs or any other animals in parks, and on all beach, on a seasonal basis beginning June 15 and ending September 15, excepting a blind person and his guide dog. A report was presented from the City Manager regarding the staff committee's recommendations in connection with dogs on the beaches. A letter was presented from the Parks, Beaches and Recreation Commission reaffirming its position that Volume 25 - Page 275 INDEX Off- Street Parking Animals on Beaches COUNCILMEN ROLL CALL • E Motion • CITY OF NEWPORT BEACH MINUTES October 12, 1971 INDEX dogs be banned from ocean front sidewalks, ocean front and bay beaches and City parks on a year -round basis. Letters from the Central Newport Beach Community Association and from the Balboa Peninsula Point Association regarding questionnaires sent to their members were presented. Letters were presented from the following- people opposing banning of dogs from the sidewalks and /or beaches: G. E. John Semple, Mrs. Leona D. Egge, Earl Graham, John and Eleanor Hurst, Valarie Clark, Mrs. Marshall Martin, Althea Line, Erma M. White, Lois Irwin, 41 form letters, Mr. and-Mrs. A. H. Jones, Arthur Weissman, telegrams from Suzy Ficke3 and Mrs. Angela Ficker White and from Mrs. George Newport. Letters were presented from the following supporting a year -round ban of dogs on the beaches- Margaret E. Hall, Mr. and Mrs. W. E. McNair, Mr. and Mrs. W. Ashton, Thomas Blandi, Mrs. Jack Rutz, Mrs. Lloyd Hargreave,Mrs. John Messmer, Lucy Watson and Mr. and Mrs. William Hillis. The following people spoke from the audience urging that dogs be allowed on the beaches: Paul Shapiro, Elaine Linhoff, Miss Suzy Ficker, Gary Federman, Frances Andorka and Douglas Bigger. The following people spoke from the audience in support of a year -round ban: Mrs..Thornfield, Mr. Whitley, Allan Beek and Russell Griffith. The staff was directed to draw an ordinance which would ban dogs from the beaches and would provide for the hours of the ban to be set by resolution of the City Council at the discretion of the- Council. Councilman McInnis recommended amending the motion to include in the ordinance the. six elements of the education program for dog owners as_recommende by the City Manager, and that the ordinance set the bail schedules for dog law violations at two or three times the present fines, escalating significantly with repeated violations; which amendments were accepted by Mayor Pro Tem Rogers. Volume 25 - Page 276 ROLL CAL • Aye s Motio: Ayes &otio: Ayes • COUNCILMEN CITY OF NEWPORT BEACH MINUTES October 12, 1971 Councilman Dostal requested that the motion be amended to provide for a City -wide education prograrr. and that -an exception be included in the ordinance to allow pups on the beaches while being trained as guide dogs for the blind as part of a recognized program, provided the dogs are on a leash and are visibly identified and the persons in charge. have an official identification card from the University of California Agricultural Extension Service, which amendment was accepted by Mayor Pro Tem Rogers. A vote was taken on Mayor Pro Tem Rogers' motion and the amendments, which motion and amendments carried. INDEX 2. Proposed Assessment District No. 54 (Alley Paving Assessmt in Newport Heights and Balboa) was continued to Dist 54 November 8 pursuant to request of the Newport Heights Homeowners Association Committee. 3. A report was presented from the Public Works Ocean Director regarding proposed vacation of the northerly Front 10 feet of Ocean Front adjacent to Lots 15, 16, 17, 18, Vacation/ 19 and 20 in Block 14 of the Balboa Tract, in exchange A &B Sts for alley easements between. "A" and "B" Streets. .Alley The proposed vacation was diaried for two weeks, and the staff was directed to come back with a report at the Study Session on October 26 of all public right -of- ways along the entire ocean and bay fronts, including fee owned lots outward of the ocean front._ CURRENT BUSINESS: 1. City Clerk Laura Lagios presented her Certificate of Special Canvass dated October 7, 1971 as to the results of Bond votes cast on October 5, 1971, in the Special Munici- Election pal Civic Center Bond Issue Election, setting out the number of votes given in each precinct, the number of votes for and against each measure, declaring that the total number of votes cast in the City was 9, 171 and further declaring that the votes of less than two - thirds of all the voters voting at said election were cast in favor of the adoption of said bond proposition and said.bond proposition failed to carry at said election. Resolution No. 7539, reciting the fact of the Special R -7539 Municipal Civic Center Bond Issue Election held in Volume 25 - Page 277 ROLL CALI • Motiol Ayes Motiol Ayes Motiol Ayes *Aotiol Ayes Motiol Ayes • COUNCILMEN CITY OF NEWPORT BEACH October 12, 1971 MINUTES the City of Newport Beach on the 5th day of October, 1971, declaring the result thereof and such other matters as are provided by law; with City Clerk's Certificate of Canvass attached thereto as Exhibit A, was adopted. 2. A report was presented from the Acting Community Development Director regarding Final Map of Tract 7530 permitting a subdivision of 2. 7 acres into one lot for condominium development, on the south side of West Coast Highway westerly of Balboa. Coves (the old Mo -Bo -Tel property). The Final Map of Tract 7530 was approved, subject to the conditions recommended by the Planning Com- mission; and Resolution No. 7540, authorizing execution of an agreement with Newport Beach Town- houses, Ltd., subdivider, for the construction of improvements in Tract 7530, was adopted. INDEX Tr 7530 R -7540 3. Resolution No. 7541, authorizing the execution of a CATV Joint Powers Agreement with the cities of Newport Authority Beach, Huntington Beach, Fountain Valley, West- R -7541 minster and Costa Mesa for the creation and operatio of a Public Cable Television Authority, was adopted. Councilman Parsons was appointed as the City of Newport Beach's representative and Councilman Dostal as alternate, with the City Attorney and Administrative Assistant to the City Manager Judy Kelsey as the staff members to work with-the Authority. 4. A report was presented from the Public Works 132nd St Director regarding sale of City - owned property on Widening Balboa Boulevard 80' northwesterly of its intersection with 32nd Street, in connection with.the. 32nd Street widening project. Resolution No. 7542, declaring certain real property R -7542 to be surplus, authorizing its sale and. setting out the procedure for its sale, was adopted- 5. A report was presented from the Public Works Curb Cut/ Director regarding request from Maxine 36th St and Loan Association for a curb cut at 500 36th Street. A letter from the Mariners Savings and Loan Associ- ation was presented. Volume 25 - Page 278 ROLL CALI • Motiol Ayes Motio: Ayes • • COUNCILMEN CITY OF NEWPORT BEACH October 12, 1971 Bill Spurlock, representing Mariners Savings and Loan, was present to answer any questions. MINUTES The curb cut at 500 36th Street, as requested by the Mariners Savings and Loan Association, was approv CONSENT CALENDAR: The following items were approved by one motion the actions on the Consent Calendar: 1. The following Advisory Communications were ordered filed: Letter from Mr. and Mrs. James M. Matheny com- mending the Police Department and acknowledging a need for expanded facilities. Card from Arthur and Mae E. Driver of Newport Beach and a letter from Janet J. Lang of Fullerton regarding preservation of Upper Newport Bay. Letter from League of Women Voters of Orange Coast regarding attendance at Council meetings by an observer member of the League. Copy of letter to Board of Supervisors from League of California Cities requesting postponement of the September 29 hearing on the County's trash transfer system. Letter from Houston I. Flournoy, State Controller, regarding a new system which has been developed to enable "same day" transmittal of State. (and Federal) funds to local governments for social welfare, educa- tion, and other purposes under present subvention programs. Letter from Senator Dennis E. Carpenter acknowledg- ing receipt of Council's Resolution No. 7529 which reaffirms support for Orange County Airport Land Use Commission. Report of Supervisors' and Mayors' meeting at the Western White House, September 18, 1971. Resolution of the Board of Supervisors authorizing execution of the Lifeguard Service Agreement between the City of Newport Beach and the County of Orange. Volume 25 - Page 279 INDEX Upper Npt Bay OrCo COUNCILMEN ROLL CALL • • • CITY OF NEWPORT BEACH October 12, 1971 MINUTES INDEX resolution of the City of Costa Mesa reaffirm- Pac Coast position in that opposition to the deletion of any Fwy of the Coast Freeway in Orange County and ;reasons therefore. of Hearing before the Public Utilities Com- . L regarding Applications of Southern California mpany for rate increases. S of the Orange County Mosquito Abatement meeting held September 16, 1971. of Board of Supervisors meetings held ber 21, 22, 28, 29, October 5 and 6, 1971. [owing communications were referred as ;d: :d to staff for compliance, letter from the City Seal County League of California Cities requesting of the Newport Beach City Seal for the Western [ouse collection. :d to staff for study and report back, letter Grand artha Anwiler regarding the condition of the Canal 1 along the Grand Canal on Balboa Island. �d to staff for inclusion in study, letter from Seafarers aul Morgan with petition protesting the appli- Safety and )f the Seafarers Safety and Service _Club, Inc. Sery Club Permit No. 1512. :d to staff for review and report back, letter ity of Laguna enclosing copy of a letter sent to nge County Board of Supervisors concerning Service fees. !d to Pending Legislation Committee, letter OrCo range County Criminal Justice Council enclosing Criminal of AB 2682, the local criminal justice planning Justice ill (Robert Crown, Assemblyman), and asking Council City support it. :d to Pending Legislation Committee, resolutio Disaster ;ity of Monterey Park urging passage of United Relief ;enate Bill 1427 relating to disaster relief. :d to Pending Legislation Committee, resolutio Garbage ;ity of Santa Rosa recommending that garbage r some reasonable portion thereof, be allowed icome tax deduction. Volume 25 - Page 280 Copy 01 ing its portion r ecitin[ Notice mi s si of Gas Co Minute i Distric Agenda Septem Z. The fol indicatE ReferrE Orange a copy White 1 ReferrE from M sea wal ReferrE Mrs. F cation E for Use ReferrE from C the Ora health i ReferrE from O the text board t that the Referr< of the States ; ReferrE of the ( fees, o as an MINUTES INDEX resolution of the City of Costa Mesa reaffirm- Pac Coast position in that opposition to the deletion of any Fwy of the Coast Freeway in Orange County and ;reasons therefore. of Hearing before the Public Utilities Com- . L regarding Applications of Southern California mpany for rate increases. S of the Orange County Mosquito Abatement meeting held September 16, 1971. of Board of Supervisors meetings held ber 21, 22, 28, 29, October 5 and 6, 1971. [owing communications were referred as ;d: :d to staff for compliance, letter from the City Seal County League of California Cities requesting of the Newport Beach City Seal for the Western [ouse collection. :d to staff for study and report back, letter Grand artha Anwiler regarding the condition of the Canal 1 along the Grand Canal on Balboa Island. �d to staff for inclusion in study, letter from Seafarers aul Morgan with petition protesting the appli- Safety and )f the Seafarers Safety and Service _Club, Inc. Sery Club Permit No. 1512. :d to staff for review and report back, letter ity of Laguna enclosing copy of a letter sent to nge County Board of Supervisors concerning Service fees. !d to Pending Legislation Committee, letter OrCo range County Criminal Justice Council enclosing Criminal of AB 2682, the local criminal justice planning Justice ill (Robert Crown, Assemblyman), and asking Council City support it. :d to Pending Legislation Committee, resolutio Disaster ;ity of Monterey Park urging passage of United Relief ;enate Bill 1427 relating to disaster relief. :d to Pending Legislation Committee, resolutio Garbage ;ity of Santa Rosa recommending that garbage r some reasonable portion thereof, be allowed icome tax deduction. Volume 25 - Page 280 COUNCILMEN CITY OF NEWPORT BEACH ROLL CALL_ P E • October 12, 1971 3. The following resolutions were adopted: MINUTES INDEX Resolution No. 7543 authorizing the execution of an Water agreement between the City of Newport Beach and R -7543 Boyle Engineering for an engineering study of West Newport water supply facilities. (A report from the Public Works Director was presented. ) Resolution No. 7544 limiting the parking of vehicles Parking on 16th Street, except a portion between Babcock R -7544 Street and Placentia Avenue. (A report from the Public Works Department was presented. ) Resolution No. 7545 authorizing the execution of an Off -Site off -site parking agreement between the City of New- Prkg port Beach and Robert M. Hixson, Jr. (A report R -7545 from the Community Development Department was presented.) 4. The following claims for damages were denied and the Claims City Clerk's referral of the claims to the insurance carrier was confirmed, and the City Clerk's referral of the Summons and Complaint to the Acting City Attorney for appropriate action was confirmed: Claim of Waters & Tarnutzer for property damage to Waters & building at 1815 Westcliff Drive, Newport Beach on Tarnutzer July 12, 1971, allegedly caused inadvertently by a Newport Beach Police Officer in the performance of his duty. Claim of Doreen Tompkins for personal. injuries and Tompkins damages, allegedly resulting from an automobile accident that occurred near the intersection of Pacific Coast Highway and Bayside Drive on or about June 20, 1971. Claim of Joseph S. Phillips for property damage I Phillips allegedly caused when a baseball from the playground across the street broke his window. Claim of Mrs. Don L. Swanson for damage to propert Swanson at 4820 -B Seashore on September 16, 1971, allegedly caused when a Police Officer forced the lock in the performance of his duty. Claim of Southern California Gas Company for damage So Cal to one of their vehicles at 3226 Broad Street on Gas August 25, 1971, allegedly caused when it was struck by a City truck. Volume 25 - Page 281 ROLL CALL • • • COUNCILMEN CITY OF NEWPORT BEACH MINUTES October 12, 1971 Claim of Goldie Joseph for money based on injuries and damages allegedly caused by the plan and proposal of the City to grant zero setbacks along Ocean Front between "A" and "B" Streets in the City. Waiver and withdrawal of claim against the City by William. Morris. Summons and Complaint for refund of taxes paid under protest and for taxes erroneously collected, Superior Court Case No. 186523 filed by Mohawk Data Sciences Corporation, a New York corporation. 5. The following requests to fill personnel vacancies we approved: (A report from the City Manager was presented. ) One Laborer in the General Services Department to fill a position now vacant. One Refuse Crewman in the General Services Depart- ment to fill a position now vacant. One Building Maintenance Man I in the General Ser- vices Department to fill a position now vacant. Four Police Officers in the Police Department to fill positions now vacant. One Police Clerk in the Police Department to fill a position now vacant. 6. The following staff reports were received and ordered filed: Progress report from the City Manager regarding the Air Transportation Authority. Memorandum from Police Chief Glavas to the City Manager regarding teaching of the Criminal Justice System by the Newport Beach Police Department in the local school system. Memorandum from Police Chief Glavas to the City Manager regarding the Drug Abuse Program in'the City of Newport Beach. Memorandum from the Acting City Attorney regarding legality of using City funds for the acquisition of prop- erty and installation of bowling greens for the Newport Harbor Lawn Bowling Association. Volume 25 - Page 282 INDEX Joseph Morris Mohawk Data Sciences Corp Air Trans Auth Criminal Justice System Drug Abuse Lawn Bowling COUNCILMEN 3��90%C? 09 �2 '1i G��_O O11 ROLL CALL N\9�Pps CITY OF NEWPORT BEACH October 12, 1971 MINUTES INDEX es W ,enas ig e mt 2 & [ill s Opinion from the Acting City Attorney regarding local Bicycl regulation of bicycle traffic. 7. The plans and specifications for the Master Plan Wate3 Master Supply Facilities, Contract No. 1350 (Pumping Stations Plan and Pressure Reducing Station at Big Canyon Reser- Water voir), were approved, and the City Clerk was autho- Supply rized to advertise for bids to be opened at 10:00 A. M. on November 11; 1971; and the plans and specification for the Master Plan Water Supply Facilities, Contract No. 1352 (16" Diameter Zone IV Transmission Main), were approved, and the City Clerk was authorized to advertise for bids to be opened at 10:30 A. M. on November 11, 1971. (A report from the Public Works Director was presented.) 8. The plans and specifications for Jamboree Road Jamb I Median Paving Islands Nos. 4 and 5, Contract No. Mediar 1406, were approved; and the City Clerk was autho- Paving rized to advertise for bids to be opened at 2:00 P. M. , (4 & 5) October 28, 1971. (A report from the Public Works Director was presented. 9• The work was accepted for the Lighting at Las Arenas Las Ar Tennis Court, Contract No. 1340; and the City Clerk Tennis was authorized to. file a Notice of Completion and to Court release the bonds 35 days after the Notice of Com- Lightir pletion has been filed. (A report from the Public Works Director was presented.) 10. The work was accepted on the Water Main Replace- Water ment, Gorona del Mar, 1970 -71, Contract No. 1293; Main and the City Clerk was authorized to file a- Notice of Replac Completion and to release the bonds 35 days after the CdM Notice of Completion has been filed. (A report from the Public Works Director was presented.) 11. The public improvements constructed-in conjunction Tr 708 with Tracts Nos. 7082 and 7148, located at Vista Del Tr 714 Oro, Vista Ornada and Vista Cerrita in the Northbluff planned residential development, were accepted; and the City Clerk was authorized to release the Faithful Performance Bonds and to release the Labor and Materials Bonds in six months provided no claims have been filed. (A report from the Public Works Director was presented.) 12. Planning Commission Amendment No. 300, approved Harbor by Planning Commission Resolution No. 739, amend- View F. ing the commercial community facilities within the PC Die Volume 25 - Page 283 es W ,enas ig e mt 2 & [ill s COUNCILMEN 3 'F� 90 5 0 9 y'%iG��'�ONy ROLL CALL s�y'"P < <N$� CITY OF NEWPORT BEACH October 12, 1971 MINUTES INDEX multi - family areas and the parking and sign require- . ments of the Planned Community Regulations for Upper Harbor View Hills, was set for public hearing on October 26, 1971. (A report from the Acting Com- munity Development Director was presented. ) 13. The purchase of a Mayor's Perpetual Trophy for the Mayor'; Newport Beach -Cabo San Lucas Yacht Race was Trophy authorized in the amount of $435 from Account No. 1433. (A report from the City Manager was pre- sented.) 14. The following Budget Amendments were approved: (A report from the City Manager was presented. ) BA -29, $4, 273. 50 increase in Budget Appropriations for water acreage fees for Buffalo Hills Park as pro- vided by City's water financing ordinance from Unap- propriated Surplus, Building Excise Tax Fund to Buffalo Hills Park -Phase I, Building Excise Tax Fund. BA -30, $152. 00 transfer of Budget Appropriations for purchase of a special 5- drawer triple compartment legal file for filing building permits from Community Development - Regular Salaries to Community Develop - ment - Office Equipment, General Fund. - BA -31, $14, 700 increase in Budget Appropriations for carry -over of 1970 -71 Capital Improvement Projects from Unappropriated Surplus- Contributions to Widen 32nd Street from Newport to Balboa Boulevard ($13,000) and to Extend Median on Pacific Coast High- way Easterly to Seaward Road ($1, 700), Contributions Fund. BA -32, $29, 300 increase in Budget Appropriations an a decrease in Unappropriated Surplus for balancing of State Gas Tax Fund, Section 2107, and carry -over of 1970 -71 Capital Improvement Projects, from Unappro- priated Surplus, State Gas Tax Fund- BA-33, $9,650 decrease in Budget Appropriations and an increase in Unappropriated Surplus for balancing of State Gas Tax Fund, Section 2106, and carry -over of 1970 -71 Capital Improvement Projects, from Unappropriated Surplus, State Gas Tax Fund. BA -34, $2, 713. 65 transfer of surplus from State Gas Tax Fund, Section 2107, to State Gas Tax Fund, Section 2106, as a result of 1970 -71 revenues credited . to wrong fund. Volume 25 - Page 284 COUNCILMEN f� 90 5 CP 00 Y A ?� ROLL CALL �f v p'P CITY OF NEWPORT BEACH October 12, 1971 MINUTES INDEX ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. A letter from Stephan J. Regan to the Parks, Beaches Buffalo and Recreation Commission regarding the location of Hills Pa a public restroom facility in the Buffalo Hills Park, Phase II, was considered. Merritt Johnson, President of the Newport Hills Com- munity Association, spoke from the audience urging relocation of the restroom facility and stated that then had been no objections to the proposed relocation from residents adjacent to the recreation. area. The relocation of the restroom facility at the City's expense from the presently approved site to the cut - Motion x off area by the public pool was approved; the cost not Ayes x x x x x x x to exceed $3, 500; and the staff was directed to negotiate with the Bren Company for contribution. 2. Resolution of the City of Upland opposing the enact- Mobile - ment of Assembly Bill No. 2294 which. prescribes home fixed lot sizes and development standards within Parks Motion x mobilehome parks and urging opposition to the bill, Ayes xxxxxxx was ordered filed. • ADDITIONAL BUSINESS: Motion x 1. The City Attorney was directed to settle the case of Martin Ayes x x x x x x x Laura Martin vs. the City of Newport Beach, Munici- Litigation pal Court No. 13899, for $210. 00 on condition that Laura Martin files a Dismissal with Prejudice, and in addition, signs a general release for all other causes of action, if any, against the City or its agents arising out of this incident. Motion x 2. Resolution No. 7546, appointing Dennis O'Neil as the City Ayes x x x x x x x City Attorney and fixing his salary, was adopted. Attorney R -7546 Mayor Hirth declared the meeting adjourned at 11:40 P. M. Mayor ATTEST : City Clerk • Volume 25 - Page 285