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HomeMy WebLinkAbout11/12/1979 - Regular MeetingCITY OF NEWPORT BEACH CI.UNCILME11 �yGy A �p MINUTES REGULAR COUNCIL MEETING �9i� 9� 9 �2 x ?�J i�pyG2i Place: Council Chambers F v s ,p �'P 9 s Time: 7:30 P.M. Date: November 12, 1979 ROLL CALL INDEX Present x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes was waived; and the All Ayes Minutes of the Regular Council Meeting of October 23, 1979 were approved as written and ordered filed. Motion x C. The reading in full of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding Vacation/ the vacation and abandonment of a portion of Acacia Street Acacia Street. (90) A report was presented from the Public Works Department. Motion x The hearing was closed after it was determined that All Ayes no one desired to be heard. Motion x Resolution No. 9670, ordering the vacation and R -9670 All Ayes abandonment of a portion of Acacia Street right -of- .t way, subject to concurrent action by the County of Orange on the westerly portion of right -of -way (Easterly side from Irvine Avenue to Orchard Drive), was adopted. • 2. Mayor Ryckoff opened the public hearing and City Resub 635 Council review of Resubdivision No. 635, a request (84) of Aetna Life Insurance Company, to create two parcels of land for development in Koll Center Newport; on property located at 4600 MacArthur Boulevard, bounded by MacArthur Boulevard, Birch Street and Von Karman Avenue; zoned P-C. A report was presented from the Community Development Department. A report was presented from the Public Works Department. Timothy L. Strader, Senior Vice President of Koll Company, representing the Koll Company, and Mr. Kraft of the engineering firm of Langdon & Wilson, addressed the Council and presented slides of the area in which the Public Works Department and Bicycle Trails Committee are recommending sidewalks. Motion All Ayes x Mr. Strader was granted fifteen minutes for his t presentation. • I i Volume 33 - Page 304 CITY OF NEWPORT BEACH COUNCILMEN MINUTES \� A�� 1i 9 tP oni i /`Al i ` top) Nn"vmhrr 17. 1979 INDEX Gary Lovell and George Hanlon, Vice Chairman of the Bicycle Trails Citizens Advisory Committeee, addressed the Council and urged approval for the . recommended sidewalks. Motion x Mr. Lovell was granted two additional minutes for All Ayes his presentation. Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x The parcel map was approved with two findings of Ayes x x x x x the Planning Commission, and subject to the Noes x conditions imposed by the Planning Commission with Conditions 3 and 4 being changed or modified as follows, and the deletion of Condition 6: Condition 3 changed to read, "That an 8- foot -wide P.C.C. sidewalk be constructed on the easterly side of MacArthur Boulevard from Von Karman Avenue to join the existing sidewalk now ending 800± feet southerly of Birch Street. The sidewalk may meander to minimize the removal of trees and grading of berms." Condition 4 modified to read, "That a 5- to 6 -foot- wide P.C.C. sidewalk be constructed on the westerly side of Von Karman Avenue from .Birch Street to MacArthur Boulevard in a meandering easement for pedestrian purposes. The sidewalk shall be constructed to minimize the removal of trees and grading of berms." 3. Mayor Ryckoff opened the public hearing regarding Use Permit City Council review of the decision of the Planning 1421 -C Commission approving the application of Hoag (88) Hospital Presbyterian, Inc. to amend existing Use Permit No. 1421 —C (Amended) to expand the existing hospital functions through new construction and internal remodeling of existing structures, and the acceptance of an environmental document on property located at 301 Newport Boulevard. AND Public hearing regarding the appeal of Hoag Memorial Hospital Presbyterian from the decision of the Planning Commission adding Condition No. 39 to Use Permit No. 1421 —C. A copy of the Appeal Application of Hoag Memorial Hospital Presbyterian requesting that Condition No. 39 be changed to read, "approval of the Office of Statewide Health Planning and Development, State of California," was presented. A report was presented from the Community Development Department. • I i I Volume 33 - Page 305 CITY OF NEWPORT REACH C 0 U NCII MEN MINUTES C, A �, F 9 �aSFGi02�iP Rhl t CALL` lu Nnvem•r 12. 1979 INDEX A report was presented from the Bicycle Trails Citizens Advisory Committee asking for reinstatement, of Condition No. 36 calling for a connecting easement between the approved access • road /bike trail and, ultimately, both Newport Boulevard and Pacific Coast Highway. Michael D. Stephens, Administrator, Hoag Memorial Hospital Presbyterian, addressed the Council regarding their request for modification of Condition No. 39. Pat Strang, speaking as a Board Member of the Newport Heights Community Association and as a private citizen, and Bob Brown, who played a taped recording of the noise referred to, addressed the Council regarding the noise generated by mechanical devices on the roof at Hoag Hospital. Motion x Mr. Brown was granted two additional minutes for All Ayes his presentation. Lou Kaa, Associate Administrator, Hoag Hospital, addressed the Council regarding the steps taken by the hospital to alleviate the noise problem. Mayor Pro Tern Williams suggested that the first sentence of Condition 22 be changed to read, "That noise generated from existing as well as new rooftop mechanical equipment shall not exceed 50 DBA when measured at the boundary of the project in the same plane as the rooftop." • Carl Chula, a director of the Newport Crest Homeowners Association, addressed the Council opposing the new construction without action to resolve the traffic problem around the hospital. George Hanlon, Bicycle Trails Citizens Advisory o Committee, addressed the Council and asked that Condition 36 be reinstated. Roland Landrigan, President of Newport Heights Association addressed the Council and asked that Condition 22 state, 1140 DBA, plus or minus 10:' Motion x The hearing was closed after it was determined that All Ayes no one else desired to be heard. Motion x Councilman Strauss made a motion to accept the Environmental Document and the findings made by the Planning Commission, and to modify the decision of the Planning Commission as follows: a) Condition 39 to read, "The project shall be approved by the Office of Statewide Health Planning and Development, State of California." b) Condition 36 to remain deleted. c) Condition 22 to read, "That noise generated from existing as well as new rooftop •� I Volume 33 -Page 306 CITY OF NEWPORT BEACH V W MINUTES oni i INDEX mechanical equipment shall not exceed 50 DBA when measured at the boundary of the project in the same plane as the rooftop. That prior to the issuance of any building permits, the aforementioned shall be demonstrated to the satisfaction of the Community Development Department by a licensed Acoustical Engineer." Mayor Ryckoff asked that the motion be amended to provide for Council review six months after notice by the hospital of installation of equipment to correct the existing problem and within six months after completion of the new construction, which amendment was accepted by the maker of the motion. All Ayes A vote was taken on Councilman Strauss' amended motion, which motion carried. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1824, being, CdM Dev Standards AN ORDINANCE OF THE CITY OF 0 -1824 NEWPORT BEACH AMENDING SECTIONS (94) 20.11.020 AND 20.15.025 OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO FLOOR AREA LIMITS IN OLD CORONA DEL MAR, Planning Commission Amendment No. 524, a request • initiated by the City of Newport Beach to consider amending the Residential Development Standards for the R -1, R -2 and R -3 Districts in Old Corona del Mar, and the acceptance of an Environmental Document. A report was presented from the Community Development Department. Letters from Spencer Crump and Luvena W. and Donald W. Hayton were presented supporting Ordinance No. 1824. A letter was received after the agenda was printed from Goldie Joseph opposing Corona del Mar downzoning. K Councilman Strauss made a motion to accept the ,Motion Environmental Document and to adopt Ordinance No. 1824. The following people addressed the Council and opposed the adoption of Ordinance No. 1824 before the Committee has made its report: Virginia Fouts, I J. White and Richard H. Spooner. • l i Volume 33 - Page 307 LAMMIDIMLIPE11291am COUNCILMEN MINUTES .A ROLL CALL 9�stop) T�9�P s November 12. 1979 INDEX Ayes x x x x x A vote was taken on Councilman Strauss' motion, Noes x which motion carried. • 2. Ordinance No. 1825, being, Police Tow Truck Regs AN ORDINANCE OF THE CITY OF 0 -1825 NEWPORT BEACH AMENDING SECTION (70) 5.13.030 OF THE NEWPORT BEACH MUNICIPAL CODE TO REQUIRE THAT THE OFFICIAL POLICE TOW TRUCK OBTAIN A CERTIFICATE PURSUANT TO CHAPTER 5.15 OF THE NEWPORT BEACH MUNICIPAL CODE, was presented for second reading. Motion x Ordinance No. 1825 was adopted. All Ayes 3. Ordinance No. 1826, being, City Admin Organization AN ORDINANCE OF THE CITY OF 0 -1826 NEWPORT BEACH AMENDING SECTION (35) 2.12.010 OF THE NEWPORT BEACH MUNICIPAL CODE BY DELETING THE REFERENCE THEREIN TO THE COM- MUNITY DEVELOPMENT DEPARTMENT AND ADDING THE PLANNING AND BUILDING DEPARTMENTS THERETO; REPEALING SECTION 2.12.030 ESTAB- LISHING THE COMMUNITY DEVELOPMENT • DEPARTMENT; RE— ENACTING SECTION 2.12.030 CREATING THE PLANNING DEPARTMENT AND DEFINING THE FUNCTIONS THEREOF; ADDING SECTION 2.12.035 CREATING THE BUILDING DEPARTMENT AND DEFINING THE FUNCTIONS THEREOF; AND REPEALING SECTION 2.12.130, was presented for second reading. Motion x Ordinance No. 1826 was adopted. All Ayes F. CONTINUED BUSINESS: 1. A report dated October 23, 1979 was presented from Curb Cut the Public Works Department regarding the (65) application of Donald 1. Tonnemacher for a curb cut at 1035 W. Balboa Boulevard. Don Tonnemacher addressed the Council regarding his request for a curb cut at 1035 W. Balboa Boulevard. Motion x I The request for curb cut was denied. Ayes x x x x x Noes x • I i I i i Volume 33 - Page 308 COUNCIL ROLL C • Motion x All Ayes Green x x x x x Abstain x Motion x • Motion x Ayes x x x x x Noes x Motion x All Ayes I i i i I i v � � t• � � �t, . ,imp MINUTES 2. A report dated October 23, 1979 was presented from the Public Works Department regarding the application of Gary Elder for a curb cut at 416 Larkspur Avenue. Clifford Stokes, architect, and Gary Elder, applicant, addressed the Council. The request for a curb cut at 416 Larkspur Avenue was denied. 3. Appointment to the City Arts Commission: The Mayor assigned the red light to Maudette Ball and the green light to Alfred Z. Taft for voting purposes, and Alfred Z. Taft was appointed to complete the unexpired term of Ellen Isaacs ending June 30, 1983. 3. CURRENT BUSINESS: 1. A letter to the License Supervisor from Ronald J. Pacifici was presented asking permission to appear before the Council regarding his Newport Beach City Taxi Permit. A report was presented from the License Supervisor. After determining that Mr. Pacifici was not present, Councilman Hart made a motion to deny permission to address the Council. Councilman McInnis made a substitute motion to table the item, which motion carried. 2. A report was presented from the Beacon Bay Lease Committee regarding the Beacon Bay residential lease. Barclay Ardell addressed the Council and stated that the Association felt the Committee had done a good job. Tentative approval was given to the lease documents, an appraisal to determine the fair market rental value of the lots within Beacon Bay was authorized, and final action on the lease documents, including fixing the "effective dat ,"was withheld until the rental values are determined. 3. A report was presented from the Purchasing Agent regarding Council approval of Phase II of Contract C -2087 with the Burt Gentle Company regarding procurement for the Newport Center Branch Library. Volume 33 - Page 309 INDEX Curb Cut (65) City Arts Comsn (24) Taxi Permit (65) Beacon Bay Lease (38) Newport Center Library Furnishings (38) CITY OF NEWPORT BEACH COUNCILMEN MINUTES �'c^ � 9�0 �'9622/in ROt L CALL �S'� 9 nt,...e...l.e.:� io�o INDEX A report was presented from the Board of Library Trustees. • Spencer Covert, Chairman, Board of Library Trustees, addressed the Council and requested the expenditure of $23,000 for upgrading of the carpeting, plus Plan "C" as indicated on the Motion x Purchasing Agent's report. Ayes Abstain x x x x x x Plan "C" plus $23,000 was approved. 4. Thomas Evans addressed the Council and asked that Dick Richards the Council reconsider its previous action and place Sculpture the Dick Richard sculpture in City Hall. (37) Motion x Mr. Evans was granted three additional minutes for All Ayes his presentation. 5. A letter to Councilman Hummel from Philip L. Arst Local Coastal was presented regarding Mr. Arst's resignation from Plan CAC the Local Coastal Plan Citizens Advisory (24) Committee necessitated by work- related travel requirements. Motion x Mr. Arst's resignation was accepted with regret, the All Ayes City Clerk was directed to prepare a Certificate of Appreciation and (District 6) Councilman Hummel's appointment of George V. Ingles to fill Mr. ArsVs unexpired term ending August 15, 1980 was confirmed. 6. A report was presented from the City Attorney Council • regarding an amendment to Council Policy A -10, Policy Rule No. 25 - Reconsideration. (69) Motion x Council Policy A -10, "Procedural Rules for the Ayes x x x x x Conduct of City Council Meetings," was amended. Noes x H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except for All Ayes those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and pass to second reading on November 26, 1979: (a) Proposed Ordinance No. 1827, being, AN Skateboard/ ORDINANCE OF OF THE NEWPORT BEACH Rollerskating MUNICIPAL CODE WHICH PERTAINS TO Regulations THE REGULATION OF ROLLERSKATE 0 -1827 RENTAL ESTABLISHMENTS. (A report from (62) the City Attorney) Volume 33 - Page 310 • 1 j COUNCILMEN MINUTES . yG y 'AL ?ice �n 9 OT y s i F s ROLL CALL �s 9 s INDEX 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9671 establishing a rate Water Rates • for the delivery of water pursuant to Section R -9671 14.12.090 of the Newport Beach Municipal (93) Code to be effective January 1, 1980. (A report from the City Attorney) (b) Resolution No. 9672 authorizing the Mayor Resub 630 and City Clerk to execute a Subdivision R -9672 Agreement between the City of Newport (84) Beach and Roger's Gardens Newport Center, Inc. in connection with the public improvements required with Resubdivision No. 630. (A report from the Public Works Department) (c) Resolution No. 9673 amending the Personnel Compensation Plan and Table of R -9673 Authorization for the 1979 -80 Fiscal Period (66) (Assistant City Attorney). (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. (f) Resolution No. 9674 authorizing the Water execution of the San Joaquin Reservoir R -9674 Memorandum of Settlement Principles. (A (93) report from the Utilities Director) (g) Resolution No. 9675 requesting the County of AHFP Orange to increase the Arterial Highway R -9675 Financing Program (AHFP) allocation for (43) Project No. 881 from $60,000 to $83,637.08 for the acquisition of right -of -way for the widening of Coast Highway from 57th Street to the Santa Ana River (Davidson property - 5801 West Coast Highway). (A report from the Public Works Department) (h) Removed from the Consent Calendar. (i) Resolution No. 9676 authorizing the Mayor General Plan and City Clerk to execute a Consulting R -9676 Services Agreement between the City of (38) Newport Beach and VTN Consolidated, Inc., for the preparation of an EIR for proposed General Plan Amendment No. 79-2 (Circulation Element). (A report from the Public Works Department) (j) Resolution No. 9677 authorizing the Mayor Helicopter and City Clerk to execute a Helicopter Maintenance Maintenance Agreement between the City of R -9677 Newport Beach and Tallmantz Aviation, Inc. (38) (A report from the Police Department) • i Volume 33 - Page 311 CG JNCILMEN MINUTES yc y X99 \AN% 3� ROLL CALL 'LP S Nn..nmhnr i1 1070 INDEX (k) Resolution No. 9678 supporting the National Resolutions League of Cities resolution regarding the Other Cities preservation of Lake Tahoe. (A letter from R -9678 • the City of San Jose attached for Council) (77) (1) Resolution No. 9679 requesting that the Lifeguard Orange County Board of Supervisors consider Agreements amending future agreements for the berthing R -9679 of Newport Beach lifeguard rescue boats by (51) making the terms thereof for two years instead of one year. (A report from the Marine Department) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for inclusion in on -going study, a letter from Dexter Nishiyama opposing the banning of back -pack blowers. (Attached) (62) (b) To staff for reply, a letter from Valerie J. Innes regarding one -way traffic and bike trails on Seashore Drive. (Attached) (62) (c) To staff for reply, a letter from Eva W. Kilger regarding plumbing problems allegedly caused by roots of City trees on her property at 621 and 62154 Marguerite in Corona del Mar. (Attached) (62) (d) To staff for reply, a letter from Rancho Palos Verdes asking for a letter of support from • Newport Beach of their Local Coastal Program as submitted. (Attached) (51) 4. COMMUNICATIONS - For referral to the City Clerk for filing and inclusion in the records: - (a) A letter from Newport Crest Homeowner's Association asking that the City request the Orange County Board of Supervisors and the Orange County Planning Commissioners to halt the issuing of building and grading permits in the "County Triangle" area pending the City's request for annexation with a copy of a letter from Mayor Ryckoff making such request. (Attached) (21) (b) A letter from the County Environmental Management Agency regarding the City's intention to annex the Superior Avenue triangle and stating they will not accept general plan or zoning applications until the annexation is decided, but that they will be required to issue grading and building permits to any owner who fulfills all the requirements of the zoning and uniform building codes. (Attached) (21) I i Volume 33 - Page 312 CITY OF NEWPORT BEACH COUNCILMEN MINUTES mac^ y�0 01% GiP 2's F Pr)[ i cni i 3'I s NnvnmhPr 19. tq7q INDEX (c) A letter from Helen A. Anderson regarding the litter problem. (Attached) (44) (d) A copy of a letter to Newport Beach • Paramedics commending the paramedics on their promptness and skill in connection with her daughter's injury resulting from a fall from her bicycle. (Attached) (41) (e) A letter from Helen Ballantine protesting all large developments in the area. (Attached) (94) (f) A letter from the State Department of Transportation stating that, in accordance with our wishes, they are requesting authorization to erect an informational sign in the vicinity of Dover Drive and Coast Highway, and, if authorized, installation would be after the project is advertised in December 1979. (Attached) (43) (g) A letter from Althea Line regarding Council action on Corona del Mar residential standards. (Attached) (94) (h) Letters from Al "King Alfonso" Lizanetz regarding criminal elements in Newport (13) Beach. (i) Preliminary agenda of LAFCO regarding the proposed annnexation to the Mesa Consolidated Water District, Annexation No. • 79 -2, approximately 38.26 acres located north of 19th Street, south of Sea Bluff Drive, east of Balboa Boulevard and west of Monrovia Avenue in the southwest city limits of Costa (21) Mesa. (j) Notice from LAFCO of determination without notice and hearing on November 14, 1979 regarding proposed annexation to Mesa Consolidated Water District designated Annexation No. 79-2. (Map on file in City Clerk's office) (Y1) (k) September News Notes of Orange County Health Planning Council regarding its annual election meeting on November 27 and indicating one of the Providers nominated for Assembly at -large seats to be Patricia Kendrick, R.N. (Newport Beach's nominee). (57) (1) Notice from the State Business and Transportation Agency of proposed changes in the regulations of the Business and Transportation Agency. (35 page document i I on file in City Clerk's office) (28) • I i I Volume 33 - Page 313 CITY OF NEWPORT BEACH M MINUTES ROLL C Nnuomhgr 17 1979 INDEX (m) Resolution of the City of Yobra Linda supporting AB 1955 calling for a special election to fill County Board of Supervisor vacancies. (77) (n) Minutes of the Local Agency Formation Commission meeting of October 10, 1979. (21) (o) Notice of Filing Petition to Modify Decision Nos. 89783, 89850 and 89991 before the Public Utilities Commission in connection with the application of Southern California Edison Company for authority to increase its base rates. (28) (p) Agenda of the Board of Supervisors meetings of October 23, 24, 30, 31, November 6 and 7, 1979. (56) (q) A letter from Lifeguard International Beach Services, Inc. regarding private lifeguard services for the City and on the county beaches. (Attached) (51) 5. CLAIMS FOR DAMAGES - For denial and Claims confirmation of the City Clerk's referral to the insurance carrier: (36) (a) Claim of Elizabeth H. Jones for personal Jones injuries on August 9, 1979 on Balboa Island, allegedly sustained when she fell as a result of a broken sidewalk. (b) Claim of Debra Lee Yeager for personal Yeager injuries received on July 16, 1979 in connection with her arrest at 7032 Orangethorpe 019, Buena Park, California. (c) Claim of Cynthia O'Shea for false arrest and O'Shea detention on August 10, 1979 in Newport Beach. (d) Claim of David Mayo for property damage to Mayo his car at 42nd Street on September 20, 1979, allegedly inflicted by a Police Officer while writing a citation. (e) Claim of Philip Scott Ramser, Jr. for false Ramser arrest and detention at 15th Street City Pier on July 26, 1979. (f) Claim of E. H. Thomassen, M.D. for invasion Thomassen, of privacy, false arrest, etc. in connection E.H. with his arrest at 408 Westminster Avenue, Suite 9 on July 31, 1979. I Volume 33 - Page 314 i i CITY OF NEWPORT BEACH COJNCILMEN MINUTES �9�l�C+y41 F s S ROLL CALL` ��T MV vamhar I7 1979 INr)FY (g) Claim of Joan Thomassen for property Thomassen, damage, invasion of privacy, etc. in Joan connection with her arrest at 408 Westminster Avenue, Suite 9 on July 30, 1979. (h) Claim of Michael Thomassen for false arrest, Thomassen, invasion of privacy, etc. in connection with Michael his arrest at 408 Westminster Avenue, Suite 9 on July 30, 1979. 6. SUMMONS AND COMPLAINTS - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of the City of Tustin City of for reimbursement of damages, personal Tustin injuries, disability, medical and rehabilitation costs allegedly due to an accident to their employee, Nancy Kuras, by a City police officer in the performance of his duty; Case No. 321396 in Orange County Superior Court. (b) Summons and Complaint of Nancy Kuras for Kuras reimbursement of damages, personal injuries, disability, medical and rehabilitation costs allegedly due to an accident caused by a City police officer in the performance of his duty. (c) Summons and Complaint of Barry Reid for Reid general damages allegedly committed by a Newport Beach Police officer, Case No. • 310289 in Orange County Superior Court. 7. REQUEST TO FILL PERSONNEL VACANCIES: Removed from the Consent Calendar. 8. STAFF, COMMISSION AND COMMITTEE REPORTS - For Council information and filing: (a) A report from the City Manager regarding Ambulances the ambulance rate increase stipulation. (22) (Attached) (b) A report from the Assistant to the City Teleprompter Manager regarding Teleprompter's progress in (42) installing cable television service. (Attached) (c) A report from the Transportation Plan SJH Trans Citizens Advisory Committee regarding the Corridor San Joaquin Hills Transportation Corridor (43) Alignment. (Attached) 9. PUBLIC HEARING SCHEDULING: None. 10. Removed from the Consent Calendar. 11. COUNCIL POLICY A -9, "CITY COUNCIL Council COMMITTEES" - For adoption of proposed Policy amendments to Council Policy A -9. (A report from (69) j the City Manager) •� i Volume 33 -Page 315 CITY OF NEWPORT BEACH CGJNCILMEN MINUTES O ti� i s R(ll I rAl ��� ni,...,,.,,.tie.. V) 1070 INDEX 12. Removed from the Consent Calendar. 13. RESUBDIVISION NO. 548 -Acceptance of public Resub 548 improvements constructed in conjunction with Resub (84) • 548 on portions of Lots 3 and 59 and Lots 4 and 58, Tract No. 3201, located at 3700 Campus Drive and 3701 Birch Street on the northeasterly side of the proposed Corona del Mar Freeway between Campus Drive and Birch Street, across Campus Drive from the Orange County Airport; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. 2621208), and to release the Labor and Materials Bond (Bond No. 2621208) in six months provided no claims have been filed. (A report from the Public Works Department) 14. USE PERMIT NO. 1848 - Acceptance of the public UP 1848 improvements constructed in conjunction with Use (88) Permit No. 1848, Lot 54, Tract No. 673 B, located at 3840 East Coast Highway, on the northeasterly side of East Coast Highway, easterly of Hazel Drive in Corona del Mar; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. 35352); and to release the Labor and Materials Bond (Bond No. 35352) in six months provided no claims have been filed. (A report from the Public Works Department) 15. ACQUISITION OF 203 - 33rd STREET- Balboa Blvd Authorization to staff to retain an appraiser to Widening determine the fair market value of 203 - 33rd Street (82) (Lot 23, Block 133, Lake Tract). (A report from the • Public Works Department) 16. CHRISTMAS DECORATIONS - Authorization to the Christmas Public Works Department to approve the display of Decoration Christmas lights and decorations on City streets, Requests subject to the following conditions: a) A written (76) request from the participating community and /or business association outlining the scope of the decorations, b) Approval of the Traffic Engineer, and c) Approval of the Utilties Director. (A report from the Public Works Department) 17. MAINTENANCE DREDGING HARBOR PERMITS - Harbor Permits Approval of the following maintenance dredging (51) harbor permits, 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) 175 -900 Byron Tarnutzer 900 Via Lido Nord 110 -1300 George Reade 1300 E. Balboa Blvd. 225 -528 Carroll Beek 528 S. Bay Front 132 -415 David Trumbull 415 Bayside Drive 151 -1201 Lawrence Weinreb 1201 N. Bay Front i I Volume 33 - Page 316 0 i i CITY OF NEWPORT BEACH CUUNCILM G �' EN MINUTES yG y � �� 4 � O �.BypjC�H�92 O'S.i ROLL CALL November 12. 1979 INDEX 18. HARBOR PERMIT - Approval of Harbor Permit Harbor Permit Application No. 225 -508 of Roland Valleley to (51) rebuild a portion of an existing pier at 508 S. Bay Front, subject to the conditions of approval recommended by staff. (A report from the Marine Department) 19. SOUND AMPLIFICATION PERMIT APPLICATION - Sound Amp Approval of the application of Ron Jones to use Permit sound amplifying equipment to amplify a wedding (65) ceremony on the bluffs atop Corona del Mar State Beach so service can be heard, from 4:30 to 6:30 p.m. on March 2, 1980. (Copy of application and Police Department report attached) 20. BUDGET AMENDMENTS - For approval: (25) BA -026, $1,000.00 transfer of Budget Appropriations for Kelly Girl Services for 3 weeks and to provide funding to have the County Elections Office check signatures on Chamber of Commerce Initiative Petition, from Unappropriated Contingency Reserve to City Clerk, Services - Professional, Technical, etc., General Fund. BA -027, $110,000.00 increase in Budget Appropriations for purchase of lot giving partial access to the proposed parking lot in Mariners Mile, from Unappropriated Surplus to Mariner's Mile Parking Lot, General Fund. • BA -028, $10,000.00 transfer of Budget Appropriations for final settlement in the Davidson condemnation case for the acquisition of 5801 W. Coast Hwy. in connection with the widening at West Coast Highway from 57th Street to the Santa Ana River, from Install, Upgrade Traffic Signals to Widen Pacific Coast Highway -Santa Ana River -57th Street, State Gas Tax Fund (Section 2106). BA -029, $23,700.00 increase in Budget Appropriations to provide for the settlement in the Davidson condemnation case for the acquisition of 5801 W. Coast Hwy. in connection with the widening of West Coast Highway from 57th Street to the Santa Ana River, from Unappropriated Surplus to Widen Pacific Coast Highway -Santa Ana River -57th Street, Arterial Highway Financing Fund. I. ITEMS REMOVED FROM . THE CONSENT CALENDAR: 1. A report was presented from the City Manager Peninsula Park regarding the Peninsula Park gazebo and Gazebo recommending demolition and removal of the (62) i gazebo. • ! I i Volume 33 - Page 317 CUJNCILMEN MINUTES 9l ROLL gG L2 � yo, s. CALL �i,P\ Nnvamlwr 17_ 1979 INDEX Motion x Councilman McInnis made a motion to offer the gazebo for sale to the highest bidder. Councilman Hummel asked that the motion be • amended to provide for the demolition and removal in the event it was not sold, which was accepted by the maker of the motion. All Ayes A vote was taken on Councilman McInnis' amended motion, which motion carried. 2. A report was presented from the Public Works Bayside Dr Department regarding the water line and storm Water Line/ drain construction in Bayside Drive -joint project Storm Drain with County Sanitation District No. 5, Contract No. (38) 2129. Motion x Resolution No. 9680, authorizing the Mayor and City R -9680 All Ayes Clerk to execute a Cooperative Agreement between the City of Newport Beach and Orange County Sanitation District No. 5 in connection with the water line and storm drain construction in Bayside Drive, was adopted, and the staff was directed to prepare a letter requesting that the Sanitation District affix a reasonable completion date after which penalties will be assessed on the contractor. Motion x 3. A proposed resolution establishing the filing fees for Pcilce Tow All Ayes tow truck permits pursuant to Section 5.13.050 of Truck Fees the Newport Beach Municipal Code was referred to (70) staff for recycling when the staff report is • completed. 4. A report was presented from the City Attorney Balboa Bay regarding revocation of authorization for Balboa Bay Club Club refinancing with the Oppenheimer Group. (38) Motion x A proposed resolution rescinding Resolution No. Ayes x x x x x 9643 which would revoke the authorization for Abstain x International Bay Clubs, Inc. to enter into a refinancing transaction with Oppenheimer Industries, Inc. was postponed to January 7, 1980. 5. A report was presented from the City Manager with Personnel his recommendations regarding the following vacant Vacancies positions within the City: (66) (a) One Current Planning Administrator, Planning Department, to fill a new position. (b) One Recreation Coordinator, Parks & Recreation Department, to fill a new position. (c) Three Police Officers, Police Department, to fill positions now vacant. (d) Two Police Sergeants, Police Department, to fill positions now vacant. • ! i I Volume 33 - Page 318 CITY OF NEWPORT REACH COUNCILMEN MINUTES fO �S �S�2iif F ROLL CA L\ INDEX (e) Two Emergency Equipment Dispatchers, Police Department, to fill positions now vacant. • (f) One Police Clerk 1, Police Department, to fill a position now vacant. (g) One Utilities Construction Specialist, Utility Department, to fill a position now vacant. (h) One Utilities Leadman, Utility Department, to fill a new position. (i) One Equipment Mechanic 1, General Services Department, to fill a position now vacant. (j) One Maintenance Man I, General Services Department, to fill a position now vacant. (k) One Refuse Leadman,. General Services Department, to fill a position now vacant. (1) One Refuse Crewman, General Services Department, to fill a position now vacant. (m) Three Firefighter I's, Fire Department, to fill two vacancies and one new position. (n) One Assistant City Attorney, City Attorney's Office to fill a position now vacant. M tion x All positions were approved as recommended with All Aye the exception of one Recreation Coordinator in the Parks and Recreation Department which was removed from the list at the request of the City Manager. 6. A report was presented from the City Manager Anti - Litter regarding Senate Bill 4, the Beverage Container (44) . Reuse & Recycling Act. The following people addressed the Council and opposed SB-4: Irwin Newton, representing the Industry Environmental Council; Paul LeComte, Manager of the Coca Cola Bottling Company; Kevin Forth, Vice President of Straub Distributing Company; and Judith Shane, Director of Public Affairs for 7 —Up. Motion x The Mayor was authorized to send a letter All Ayes expressing the City's support of SB-4. J. ADDITIONAL BUSINESS: Motion x 1. Use Permit 1784 (Amended), an application of the Use Permit All Ayes Lutheran Church of the Master for the construction 1784 (88) i I i i Volume 33 - Page 319 CGJNCILMEN Ep ROLL CALLC • 0 1] MINUTES November 12. 1979 INDEX of a Senior Citizen Housing Development containing one hundred dwelling units, and the acceptance of an Environmental Document; located at 2900 Pacific View Drive, Corona del Mar, was set for public hearing on November 26, 1979. The Mayor adjourned the meeting at 11:30 p.m. to 7:30 p.m. on November 19, 1979. d Mayo ATP1aST: i Volume 33 - Page 320