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HomeMy WebLinkAbout12/11/1978 - Regular MeetingCOUNCILMEN y6�' �9� ?i pyG2� t^,p cp ROLL CALL CITY OF NEWPORT BEACH Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: December 11, 1978 MINUTES LU1: -1 Went x x x x x x x A. Roll Call. B. The reading of the Minutes of the Regular Motion x Meeting of November 27, 1978 was waived, and said A114yes Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and Motion x resolutions under consideration was waived, and All Styes the City Clerk was directed to read by titles only. I D. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding Cncl Right the review by the City Council of a request of of Review The Irvine Company, Newport Beach, for exception Civic Plaza from the requirements of Chapter 15.40 of the (3118) Newport Beach Municipal Code (Traffic Phasing Ordinance) for the proposed development in compliance with the approved Planned Community Development Plan for Civic Plaza, property bounded by San Joaquin Hills Road, Santa Cruz Drive, San Clemente Drive and Santa Barbara Drive in Newport Center; zoned P -C. i A report was presented from the Community Development Department. A Position Paper from The Irvine Company was presented. Robert Shelton of The Irvine Company addressed the Council and urged that the decision of the Planning Commission be upheld. Robert Break, attorney who had written the Position Paper for The Irvine Company, addressed the Council and stated he was present to answer any questions. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Notion x The decision of the Planning Commission was All Ayes sustained. The Civic Plaza Planned Community District was Motion x referred to the Planning Commission to consider All Ayes reduced density for Civic Plaza. 2. Mayor Ryckoff opened the public hearing regarding General General Plan Amendment No. 78 -2, a request to Plan (673) • Volume 32 - Page 310 i CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL � is December 11, 1978 INDEX consider the following proposed amendments to the Land Use and Residential Growth Elements to include: 1. Proposed change of use or reduction in allowable intensity of development on the major commercial/ industrial undeveloped sites, including, but not limited to, the following: a) Newport Center b) Castaways Commercial Site c) Bayview Landing Site d) San Diego Creek Sites e) MacArthur /Jamboree Site 2. Proposed reduction in the number of dwelling units allowable on the major residential undeveloped sites, including but not limited to, the following: a) Westbay Site b) Newporter North c) Freeway Reservation East d) Fifth Avenue Parcels e) CALTRANS West f) Beeco Property g) Roger's Gardens and Vacant Residential • Parcel to the South h) Castaways Residential Site i) Eastbluff Remnant J) Big Canyon k) Newport Center Condos 1) Haywood Expansion Reports were presented from the Community Development Department and the Parks, Beaches and Recreation Commission. A petition bearing ten signatures opposing General Plan Amendment 78 -2, which was received after the Agenda was printed, was presented. The followingcpeople addressed the Council and opposed General Plan Amendment No. 78 -2: Glenn Martin, who presented petitions bearing 138 signatures; Dan Rogers for the Board of Directors of the Newport Harbor Area Chamber of Commerce, who presented a resolution of the Chamber which he read in full; and Robert Shelton of The Irvine Company. Elaine Linhoff addressed the Council in favor of General Plan Amendment No. 78 -2. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Won x The hearing was reopened. All Ayes Volume 32 - Page 311 CITY OF NEWPORT BEACH COUNCILMEN MINUTES SG y V f p y i ROLL CALL December 11, 1978 INDEX • Keith Greer of The Irvine Company addressed the Council regarding the Big Canyon area in the Amendment. Motion x The hearing was closed. All Ayes The Council agreed to take a straw vote on each of the areas before voting on the Amendment as a whole. Motion x Mayor Pro Tem Williams made a motion to approve the Planning Commission recommendation with regard to Newport Center with the exception of the residential area which would remain at 538 units as at present. Motion x Councilman Hummel made a substitute motion to Ayes. x x x x x x continue a decision on General Plan Amendment Noes x 78 -2 to December 20 to enable staff to come back with clarification on some of the areas included, which motion carried. 3. Mayor Ryckoff opened the public hearing regarding General General Plan Amendment No. 78 -3, a proposed Plan amendment to the Newport Beach General Plan con- (673) sisting of three parts as follows: i 78 -3 -A: An amendment to the Land Use and • Residential Growth Elements to change the designation of a 4.5 acre parcel on University Drive east of Irvine Avenue,(Deane property) from "Multiple- - - _ Family Residential" -to "Administrative, Professional and Financial Commercial." 78 -3 -B: An amendment to the Land Use and Residential Growth Elements to change the designation of approximately 35 acres west of MacArthur Boulevard between Ford Road and San Joaquin Hills Road from "Recreational and Environmental Open Space" (Freeway Reservation) to "Medium- Density Residential." 78 -3-C: An amendment to the Land Use Element to allow Retail /Service Commercial and Residential as alternate uses to the existing "Administrative, Professional, and Financial Commercial" designation within the Old Newport Boulevard Specific Area Plan District. A report was presented from the Community Development Department.. • Ben Deane, owner of the property in 78 -3 -A addressed the Council and stated he was present to answer any questions. Volume 32 - Page 312 CITY OF .NEWPORT BEACH COUNCILMEN MINUTES i E' v �TyFGS2�s ROLL CALL ?'J�� December 11, 1978 INDEX Keith Greer of The Irvine Company addressed the • Council in connection with their reclassification request in 78 -3-B. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. The Council agreed to take a straw vote on each item before voting on the Amendment as a whole. Motion x Item 78-3 -A was approved. All Ayes Motion x Item 78 -3 -B was denied. All Ayes Motion x Item 78 -3-C was approved. All Ayes Motion x The Negative Declaration was accepted, and All Ayes Resolution No. 9476, approving General Plan Amendment, Parts 78 -3 -A and 78 -3 -C, was adopted, as amended to exclude 78 -3 -B. 4. Mayor Ryckoff opened the public hearing regarding i Condominium Ordinance No. 1786, being, Conversions 0 -1786 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (1920) ADDING CHAPTER 19.10 TO TITLE 19 OF THE • NEWPORT BEACH MUNICIPAL CODE, ENTITLED "CONDOMINIUM CONVERSIONS" (AMENDMENT NO. 521) , initiated by the City of Newport Beach. A report was presented by the Community Develop- ment Department including an Alternate "B" version of the ordinance. Margot Skilling, President of the West Newport Beach Improvement Association, and Keith Greer, representing The Irvine Company, addressed the Council in favor of the ordinance. The following people addressed the Council and opposed the ordinance as proposed: Daniel Emory, Patricia Harrigan for the League of Women Voters of Orange Coast, and Joan Petty. Motion x The hearing was closed after it was determined All Ayes that no one else desired to be heard. Motion x Councilman McInnis made a motion to adopt Ordinance No. 1786. Motion x Councilman Strauss made a substitute motion to introduce. the Alternate "B" _version of ,the ordinance with a stipulation that tenants who had been . in residence for three or more years . were to be entitled to a 180 -day notice to I vacate. Volume 32 - Page 313 CITY OF NEWPORT BEACH COUNCILMEN MINUTES '1i � �p ygG22i 93 T�.pss s ROLL CALL 'f' December 11. 1978 ininry Mayor Ryckoff asked that the motion be amended to apply the 180 -day notice to all tenants, which amendment was accepted by the maker of the motion. Ayes x x x A vote was taken on Councilman Strauss' amended Noes x x x x motion, which motion failed. All Ayes A vote was taken on Councilman McInnis' motion, which motion carried. 5. Mayor Ryckoff opened the public hearing regarding Tract 9676 Tentative Map of Tract 9676, a request of McLain Enterprises, Newport Beach, to subdivide 25.1 acres for residential condominium develop- ment, and ingress and egress and private vehicular circulation within the Sea Island project, and the acceptance of an environmental document on property located at 1100 Jamboree Road, on the easterly side of Jamboree Road, across Jamboree Road from the Newporter Inn; zoned P -C. A report was presented from the Community Development Department. Motion x The hearing was continued to January 8, 1979. All Ayes • 6. Mayor Ryckoff opened the public hearing regarding Tract 10587 the Tentative Map of Tract No. 10587, a request of Daon Corporation, Newport Beach, to subdivide 6.8 acres into one lot to permit the conversion of the existing Versailles -on- the - Bluffs multiple - family residential units into a .. residential condominium complex on property located at 901 Cagney Lane, on the southeasterly corner of Hospital Road and Superior Avenue in the Planned Community of Versailles -on- the - Bluffs; zoned P -C. A report was presented from the Community Development Department. A letter dated November 22 to Councilman Hummel and a letter dated September 30 from William H. Westover opposing the condominium conversion for the Versailles were presented. David Neish of Urban Assist, Inc.., representing Daon Corporation, the applicant, addressed the Council. Motion x Mr. Neish was granted an additional minute for All Ayes his presentation. The following people addressed the Council and • opposed the conversion of the Versailles to a condominium complex: Raymond W. Clauson, Daniel Emory, Steve Ball and Paul Musco. Volume 32 - Page 314 CITY OF NEWPORT BEACH COUNCILMEN MINUTES G 9 f \"%9 ROLL CALL H December 11, 1978 INDEX tion x The hearing was closed after it was determined 1 Ayes 46 that no one else desired to be heard. Motion x Councilman McInnis made a motion to approve the Tentative Map of Tract No. 10587, incorporating by reference the findings and conditions recom- mended by the Planning Commission. Motion x Councilman Hummel made a substitute motion to Ayes x x x x postpone the item to December 20, and to direct -Noes x x x the staff to investigate an Opinion of the State Attorney General relative to condominium conversions, which motion carried. E. There were no ordinances for adoption. F. CONTINUED BUSINESS: 1. A report was presented from the City Manager Traffic regarding Traffic Mitigation Measures. Phasing (3006) Steven Gavin, representing Pacific Mutual Life Insurance Company, addressed the Council and urged the adoption of the Alternate 2 as presented in the City Manager's report. Jean Watt and Daniel Emory addressed the Council and opposed the use of any mitigation measures. �tion x Mrs. Watt was granted an additional minute for 1 Ayes her presentation. Les Steffenson addressed the Council and opposed the Traffic Phasing Ordinance. Motion x Councilman McInnis made a motion to introduce Ordinance No. 1787, being, AN ORDINANCE OF THE 0 -1787 CITY OF NEWPORT BEACH AMENDING SECTIONS 15.40.020 and 15.40.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO CLARIFY THE PURPOSE PROVISIONS AND TO ADD A DEFINITION OF "TRAFFIC MITIGATION MEASURES" (Alternate 2 is the City Manager's report), with a 13th mitigation measure included and a change in the statement of purpose. Motion x Councilman Strauss made a substitute motion to Ayes x x x introduce Ordinance No. 1787 with the twelve Noes x x x x traffic mitigation measures removed from Section 15.40.040 and inserted as the second sentence in Paragraph (iii) of Section 15.40.030, preceded by the words, "Consideration may also be given to traffic mitigation measures, such as" then listing the measures one through twelve, which motion failed. Ayes x x x x A vote was taken on Councilman McInnis' motion, Noes x x x which motion carried. • Volume 32 - Page 315 CITY OF NEWPORT BEACH COUNCILMEN yGy ROLL CALL ��'� 9 December 11, 1978 MINUTES inincv • G. CURRENT BUSINESS: 1. A report was presented from the Community Upper Npt Development Department regarding the Draft -1978 Bay (NIWA) Areawide Waste Treatment Management Plan and (355) Draft Environmental Impact Report. The alternatives to the Draft -1978 Areawide Waste Treatment Management Plan and Environ- Motion x mental Impact Report as proposed by Mayor Pro All Ayes Tem Williams were approved in concept. 2. The Certificate of Election Results was presented Election with a copy of the Statement of Votes Cast for (12) Measure "N" - Initiative Measure re Dedication of Streets in Subdivision(s) on Bluff(s) consoli- dated with the General Election held on November 7, 1978. _ The Certificate of the Registrar of Voters was received, and Resolution No. 9477, declaring the results of the Special Election held in the City Motion x on November 7, 1978, was adopted showing the All Ayes results to be 11,874 Yes votes, 15,749 No votes and 29,378 total votes cast. 3. A letter to Mayor Ryckoff from Gail Vinje Smith Litter resigning from the Litter Control Citizens Control Advisory Committee was presented. CAC • (2046) Mrs. Smith's resignation was accepted with regret; the City Clerk was directed to prepare a Certificate of Appreciation; and (District 5) Motion x Mayor Ryckoff's appointment of a member to replace All Ayes Mrs. Smith was postponed to December 20, 1978. 4. A report was presented from the Marine Department Council regarding an amendment to Council Policy H -1 Policy dealing with the use of residential piers and (430F) floats. Motion x A proposed amendment to Council Policy H -1 All Ayes "Harbor Permit Policies" was approved. 5. A report was presented from the Marine Department Council regarding an amendment to Sections H -1 -5 (H) and Policy H -1 -12 (A) -8 (launching of vessels at the Rhine (430F) Wharf Park) of Council Policy H -1. The proposed amendment to Council Policy H -1 Motion x regarding the launching of vessels at the Rhine All Ayes Wharf Park was not approved. Motion x 6. A proposed amendment to Council Policy F -16, Council All Ayes "Guidelines for Ten Year Budget," was approved. Policy (430F) H. CONSENT CALENDAR: Son x The following actions were approved by one motion All Ayes affirming the actions on the Consent Calendar: Volume 32 - Page 316 CITY OF NEWPORT BEACH COUNCILMEN MINUTES Qi i �p y9GZZ ROLL CALL �d'� � December 11, 1978 innFr • 1. The following ordinance was introduced and passed to second reading on December 20, 1978: (a) Proposed Ordinance No. 1778, being, AN Com Dev ORDINANCE OF THE CITY OF NEWPORT BEACH Dept AMENDING SECTION 20.81.070 OF THE NEWPORT Procedures BEACH MUNICIPAL CODE TO INCREASE THE APPEAL 0-1778 PERIOD FROM THE MODIFICATIONS COMMITTEE TO (1376) THE PLANNING COMMISSION FROM SEVEN (7) TO TWENTY -ONE (21) DAYS. (A report from the City Attorney) 2. The following resolutions were adopted: (a) Resolution No. 9478 accepting environmental Master Plan document and requesting the County of Sts & Hwys Orange to include San Joaquin Hills Road R -9478 and Jamboree Road Free Right Turn (C -1991) (29) in the Fiscal Year 1979 -80 Arterial Highway Financial Program. (A report from the Public Works Department) (b) Resolution No. 9479 accepting environmental Master Plan document and requesting the County of Sts & Hwys Orange to include West Coast Highway (south R -9479 side) - 57th Street to Balboa Boulevard (C- (29) 2062) in the Fiscal Year 1979 -80 Arterial Highway Financial Program. (A report from • the Public Works Department) (c) Resolution No. 9480 approving the parcel Resub 600 map for Resubdivision No. 600, accepting R -9480 the dedication of a corner cutoff at Villa (3135) Way and 30th Street, approving a subdivision agreement guaranteeing completion of the improvements required with Resubdivision No.600, and authorizing the Mayor and City Clerk to execute the agreement. (A report from the Public Works Department) (d) Resolution No. 9481 awarding a contract to Lido Isle Modern Alloys Incorporated in connection Bridge with the cribwall construction -Via Lido at R -9481 the Lido Isle Bridge, Contract No. 2000. (3113) (A report from the Public Works Department) (e) Resolution No. 9482 authorizing the Mayor Zone III and City Clerk to execute a professional Water engineering services agreement between the R -9482 City of Newport Beach and Swift and Lewis, (3136) Consulting Engineers, in connection with Zone III water services connection to Corona and Cameo Highlands. (A report from the Public Works Department) (f) Resolution No. 9483 authorizing the Mayor Tract 8787 and City Clerk to execute an amendment to a R -9483 • Subdivision Agreement between the City of Newport Beach and The Irvine Company in connection with Tract No. 8787 which extends the terms of the agreement from three to four years. (A report from the Public Works Department) Volume 32 - Page 317 CITY OF NEWPORT BEACH COUNCILMEN MINUTES �C 'tip 9�0 y G� Z� F J' ROLL CALL 3�T 3 December 11, 1978 inincY (g) Resolution No. 9484 authorizing the County Pending • of Orange to utilize the City's allocation Legislation from the State Litter Control, Recycling R -9484 and Resources Recovery Act of 1977 and (1429) authorizing the City Manager to execute the Grant Application. (A report from the Parka, Beaches and Recreation Department) 3. The following communications were referred as indicated: (a) Removed from the Consent Calendar. (b) To staff for reply, a letter from the Newport - Irvine Waste - Management Planning Agency requesting all member agencies to submit a description of all activities related to the control of erosion from subdivisions and other areas affecting the (355) Upper Newport Bay. (Attached) (c) To staff for reply, a letter from Joseph Sahagen regarding unsolicited newspapers and unwanted throw -away ads. (Attached) (2046) (d) To staff for reply, a letter from Submarine Engineering Associates opposing certain regulations set up by the City in connection with bidding on Public Works contracts. (3113) • (Attached) (e) To Pending Legislation and Procedural Ethics Committee, a resolution of the City of Westminster requesting the County of Orange to discontinue selling or giving away animals for research purposes. (Attached) (862) (f) To staff for reply, a letter from the Orange County Division of the League of California Cities regarding three County /Regional Issues on which they would like comments; i.e., the Air Quality Management Program, the proposed Solid Waste Management User Fees and the Revised Standard Metropolitan Statistical Area. (Attached) (1429) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) Agreement between the County of Orange and Hughes Air West on the 727 -200 test and proposed Minute Order. (Attached) (195) (b) A letter from Mrs. Elsie A. Smith suggesting a road study and then allocating building permits to those areas that could be handled by the roads that can handle the traffic. (3006) • (Attached) (c) A letter to the City Manager from the Balboa Island Improvement Association regarding (862) Volume 32 - Page 318 CITY OF NEWPORT BEACH COUNCILMEN XN cot� 9l vG 22 0 ROLL CALL 9?'0) ys� MINUTES 111997 *1 • areas that need further study; i.e., dog litter in the gutters, and street cleaning machines that do a more effective job. (Attached) (d) A letter from the Orange County Health Planning Council regarding the last two documents that make up their 1978 Orange County Health Systems Plan - "Framework for an Area Health System" and their "Annual Implementation Plan." (Attached) (The (1830) documents are on file in the City Clerk's office) (e) A letter from Barbara Roy enclosing the architectural guidelines on the leasehold properties on Kings Road which were deter- mined by The Irvine Company in the 1950'x. (1279) (Attached) (f) A letter from TelePrompTer attaching a News Release announcing a new premium service, SROWTIME, to be offered to Newport Beach (6) subscribers. (Attached) (g) A resolution of the City of Buena Park requesting the State Legislature to strength- en regulations relating to State - licensed (1429) contractors. (h) A resolution of the City of Stanton withdraw- ing as a member of the Southern California Association of Governments. (447F) (i) A resolution of the City of Anaheim opposing the lack of the State of California's concern for the impact of State mandated (1429) costs. (j) A copy of the San Clemente City Council's action to the Orange County Board of Super- visors opposing the Newport Beach proposal for an airport at Camp Pendleton. (Attached) (195) (k) An excerpt from the Minutes of the Orange County Board of Supervisors regarding the Newport Beach proposal suggesting the Board of Supervisors contact San Diego County Board of Supervisors regarding the possibil- ity of a regional airport at Camp Pendleton. (195) (Attached) (1) An excerpt from the Minutes of the Orange County Board of Supervisors regarding the proposed negotiated agreement with the City of Newport Beach and the continuance of the matter for 45 days. (Attached) (195) (m) A Notice of Filing an Application before the Public Utilities Commission without a hearing by the Southern California Edison Company for an increase in its base rates. (20) Volume 32 - Page 319 CITY OF NEWPORT BEACH COUNCILMEN MINUTES (^ 9 0 1% GtPZip ROLL CALL\ �d 9 s December 11, 1978 INDEX (n) Agenda of the Board of Supervisors meeting • of December 5 and 6, 1978. (20) 5. The following claims for damages were denied and Claims the City Clerk's referral to the insurance carrier was confirmed: (a) Claim of Jeff W. Coyle for property damage Coyle on October 9, 1978 when his car was towed (3134) away from the B Street parking lot for being in violation of the 72 -hour parking limit and the radiator was allegedly damaged by the tow truck. (b) Claim of James L. Harper for property damage Harper to his vehicle when it was allegedly hit by (3132) a City vehicle on Industrial Way on November 17, 1978. (c) Claim of Richard C. Holmgren for property Holmgren damage to his home at 1150 Linda Isle on (3131) August 27, 1978 when a City sewer allegedly backed up ruining carpeting, cabinets and walls. (d) Claim of Judy Johnson as Guardian ad Litem Johnson for Jeffrey Brian Johnson, a minor, for k3130) false arrest, false imprisonment, assault and battery and emotional distress when he • was allegedly arrested by Newport Beach Police Officers without probable cause or a warrant on October 8, 1978 in the front yard of his home at 2912 Broad Street, Newport Beach. (e) Claim of David A. Kirchner for plumber's Kirchner charges which were paid by him when a City (3129) sewer allegedly was plugged up at 1744 Miramar Drive, Balboa on November 26, 1978. (f) Claim of John McNamara for personal injuries, McNamara for his son Eric Bryan McNamara, a minor, (3128) who was hit by a car on September 8, 1978 while he was walking along Campus Drive, north of Bristol. Mr. McNamara alleges the City of Newport Beach is responsible since there were no crosswalks, regulatory signs and signals. (g) Claim of Timothy Prior for personal injuries, Prior emotional distress and medical expenses due (3127) to being allegedly assaulted, harassed and threatened by Newport Beach Police Officers on October 19 and 27,,1978 in Newport Beach. (h) Claim of State Farm Mutual Auto Insurance State Farm/ Company for their insured, Cheryl Dengler. Dengler • James Bates was a passenger in the car on (3126) September 16, 1978 on State Route 1, 805 feet west of Newport Boulevard. The pavement Volume 32 — Page 320 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3 � �O y9G22 ROLL CAL �J'� � December 11,. 1978 INDFY • ended and James Bates received personal injuries, and State Farm is alleging City negligence in not properly signing the hazardous condition. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Summons and Complaint of Judy A. Aldrich Aldrich for property damage, Case No. 334466 in (2789) the Orange County Municipal Court, County Harbor District. The original claim was for loss of personal property, mental anguish and personal inconvenience due to flooding caused by heavy rains. (b) Summons and Complaint of Keith Houk for Houk damages, Case No. 30 -20 -94 in the Orange (3022) County Superior Court. The original claim was for personal injuries resulting from a traffic accident on May 27, 1978. 7. The following request to fill personnel vacancies was approved: (A report from the (1203F) City Manager) (a) Two Equipment Operator II positions in • the General Services Department to fill two vacant positions. (b) Two Emergency Equipment Dispatcher positions in the Police Department to fill two vacant positions. (c) One Police Officer position in the Traffic Division of the Police Department to fill one vacant position. (d) One Library Assistant position in the Library, Mariners Branch, to fill one vacant position.. 8. The following staff reports were received and ordered filed: (a) A report from the City Attorney regarding OrCo the scope of work -Hughes Airwest B- 727 -200 Airport Test. (Attached) (195) (b) A report from the Parks, Beaches and Trees Recreation Director regarding street (877) trees on East Coast Highway in Corona del Mar. (Attached) (c) A report from the City Attorney to the Park City Manager regarding the Park Dedication Dedication • Ordinance. (Attached) (2670) 9. There were no public hearings scheduled. Volume 32 - Page 321 CITY OF NEWPORT BEACH COUNCILMEN ZG y 'iGi 1.t iF �•� tip �?i r`i�09'S G22i ROLL CALL mod' ss December 11, 1978 • 0 Motion All Ayes Motion All Ayes MINUTES INDEX Alley Realignment B1 5 E Npt (2946) Harbor Permits (304F) Sound Amplifying Permit (1564F) Boat Launching (1142) Mooring Fees (67) 10. The public improvements constructed in conjunction with the Realignment of Alleys in Block 5, East Newport by the Newport Harbor Yacht Club were accepted; and a determination was made that the Newport Harbor Yacht Club and the City of Newport Beach have each completed performance under the terms of an agreement entered into July 13, 1978. (A report from the Public Works Department) 11. Removed from the Consent Calendar. 12. The following maintenance dredging harbor permits were approved, subject to the conditions of approval listed in the general permit issued to the City by the Corps of Engineers: (A report from the Marine Department) 11130 -2772 George Gaudin, 2772 Bayshore 11116 -1120 Jim Baham, 1120 West Bay Avenue 13. The application of Richard Belveal to use sound amplifying equipment for a small dance band in the front patio of his home at 701 Kings Road on December 15, 1978 from 9:00 p.m. to 1:00 a.m. was approved. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Marine Department regarding the request of Glen Smith to launch a 52 -foot sailing vessel at the Rhine Wharf Park. x The request of Glen Smith to launch his vessel at Rhine Wharf Park was denied. 2. A letter from Lyle J. Robertson, attorney for Thomas L. Evans, regarding the 100 per cent penalty assessed against Mr. Evans for failure to pay his mooring fee on time, and requesting that Council reconsider the fine and allow an x appeal was referred to staff for report back on December 20, 1978. Mayor Ryckoff adjourned the meeting at 12:15 a.m. December 12 to 7:30 p.m. December 20, 1978. my-or � ATTEST: Doris George, City Volum ge 322 INDEX Alley Realignment B1 5 E Npt (2946) Harbor Permits (304F) Sound Amplifying Permit (1564F) Boat Launching (1142) Mooring Fees (67)