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HomeMy WebLinkAbout10/14/1980 - Regular MeetingPresent Motion 0 Ayes Motion All Ayes J • Ix Ix CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: October 14, 1980 A. ROLL CALL. B. The reading of the Minutes of the Regular Meeting of September 22, 1980 was waived, and the Minutes were approved as written and ordered filed. C. The reading in full of all ordinances and resolu- tions under consideration waH waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding Tract No. 10625 (Harbor Point) - Construction of San Miguel Drive from MacArthur Boulevard to San Joaquin Hills Road. The following recommendations were to be discussed: 1) A determination that San Miguel Drive between MacArthur Boulevard and San Joaquin Hills Road needs to be constructed as a part of the public improvements to be completed with the development of Tract No. 10625 (Harbor Point); and 2) waiver of Condition No. 17 of Tract No. 10625 pertaining to the extension of San Miguel Drive. A report was presented from the Public Works Department. After the agenda was printed, a letter was received from Neiman - Marcus urging the completion of San Miguel Drive from San Joaquin Hills Road to MacArthur, and telegrams from the Broadmoor Seaview Board of Directors and Jasmine Creek Homeowners Association opposing the extension of San Miguel. Dave Dmohowski, representing the Irvine Company, addressed the Council requesting approval for the full completion of San Miguel Drive as indicated in the approved tentative map and which is consis- tent with the City's Master Plan of Streets and Highways. The following people addressed the Council opposing the extension of San Miguel Drive: Dr. Robert Rosenberg, Vice President Broadmoor Hills Community Association; Russell Greengard; La Vonne Smith, Robert Broaddus; Mary Lou Furnas, Barry Allen; and Douglas Klein who presented a petition bearing 60 signatures.. The following people addressed the Council in favor of completion of the.,project: Dan Rogers; Dick Granger, Secretary Broadmoor Hills Community Association No. 2. Bob Stine, President Harbor View Hills Homeowners' Association,: Chuck Hirsch, Vice President- Operations Newport Harbor Chamber of Commerce•,. and Charles Caldwell. Volume 34 - Page 241 Tr. 10625 Motion • x Noes HILIX11 x Ayes Noes Ix lx NIX IX • • CITY OF NEWPORT BEACH MINUTES October 14, 1980 Mayor Heather closed the public hearing. Councilman Cox made a motion that a determination be made that San Miguel Drive between MacArthur Boulevard and San Joaquin Hills Road needs to be constructed as a part of the public improvements to be completed with the development of Tract No. 10625 (Harbor Point). Councilman Strauss made a substitute motion to defer action at this time until the traffic study is completed, which motion failed. Mayor Pro Tem Hart asked that the main motion be amended to ask the Planning Commission to consider that condition 17 is inconsistent and also direct the Planning Commission to consider items 1, 2 and 3 on pages 2 and 3 of the staff report when making considerations on the sound attenuation; and when considering access to Lot 21, to consider the safety of ingressing and egressing off San Miguel Drive, which was accepted by maker of the motion. A vote was taken on Councilman Cox's amended motion, which motion carried. 2. Mayor Heather opened the public hearing and City Zone Council review regarding: PCD (94) (a) A phasing plan for the remaining development in the Koll Center Newport Planned Community, and the acceptance of an Environmental Docu- ment; located at Koll Center Planned Community, bounded by MacArthur Boulevard on the west, Campus Drive on the north, and Jamboree Road on the east. I: AP (b) Planning Commission Amendment No. 550, a request to amend the Planned Community Development Plan for Koll Center Newport to allow the transfer of allowable square footage within the Planned Community; located at Koll Center Planned Community, bounded by MacArthur Boulevard on the west, Campus Drive on the north, and Jamboree Road on the east. WILD, ,u (c) Use Permit No. 1953, a request to permit the construction of a 12 -story hotel with related banquet rooms, restaurants, meeting rooms, and recreation facilities in Koll Center Newport, located at 4500 MacArthur Boulevard between Birch Street and Von Karman Avenue in Koll Center Planned Community. Volume: 34 - Page 242 Amend/ CITY OF NEWPORT BEACH C UNCIL MINUTES s 9�� R01 I 0011 �n N n . ii. can wnry A report was presented from the Planning Department. Letters were presented from SPON, Jean Morris and • Mrs. David Ballantine opposing the Koll Center Hotel, and Timesavers Inc., in favor of orderly hotel development. A letter was presented from David and Diana Friest opposing the Koll Center Hotel. Letters were received after the agenda was printed from John MacNab and the Newport Harbor Chamber of Commerce supporting the Koll Company's phasing plan and the hotel, and letters from Don Rehm, George and Mary Ingles, Mr. and Mrs. L. E. Berghaus- er, Suzy Ficker and Lorrie Huff opposing the hotel. Motion x Tim Strader, Executive Vice President troll Company, All Ayes addressed the Council and requested 15 minutes for his company's presentation, which was approved. Mr. Strader reviewed the history of the Koll Company hotel project to date. Erik Hansen, Peate, Marwich and Mitchell Company, addressed the Council regarding review of the fiscal impact portion of the EIR addendum for the proposed Koll Hotel., Motion x Tim Strader addressed the Council requesting an AWyes additional 10 minutes for Koll Company represen- tatives to complete their presentation, which was granted. Mr. Strader introduced Gin Wong, architect, who addressed the Council with a presentation regarding illustrations of the proposed hotel and model. At the request of Council, Tim Strader explained that the Koll Center Hotel would be a first - class hotel and would not be a convention hotel, and requested approvel of the project. Weston Pringle, the City's traffic consultant, addressed the Council and reviewed the results of the traffic phasing report for the hotel project. Clemente Shute, Attorney for SPON, addressed the Council opposing hotel expansion, and requested noncertification of the EIR and deferment of action by the Council. Volume 34 - Page 243 • C • Motion All Ayes 40 I IN MINUTES Jean Watt and Bobby Lovell addressed the Council opposing the Koll Center Hotel and stressing the urgency to fund a transit system, and gave a slide presentation supporting SPON's position regarding the hotel project. The following people addressed the Council opposing the Koll Center Hotel project: Elynne Bloomberg, Pat Hollander, Suzy Picker, Dan Emory and Judy Cooper, Environmental Quality Citizens Advisory Committee member and EZR Subcommittee member. George Ochsner addressed the Council expressing his thanks for their continued support against airport expansion, and presented a petition bearing 55 signatures of citizens who share in the position taken by the Airport Action Association and opposing any commercial and industrial development within the City that causes, or would cause expansion of services or facilities at John Wayne - Orange County Airport. Dick Spooner, President Newport Harbor Chamber of Commerce, addressed the Council in favor of the project. Ray Williams addressed the Council suggesting that when the final vote is taken by Council, each of the Council give specific reasons for their vote and suggested that there be press coverage at the Council meeting so that the whole community has an idea of each of the Council's thinking. The public hearing was continued to November 10 to allow staff to study regional impact regarding housing, traffic, cumulative hotel projects and additional responses to comments received during the review process. 3. Mayor Heather opened the public hearing regarding the appeal of Edward Karagozian, Jr., Newport Beach, from the decision of the Planning Commission on August 21, 1980, denying Variance No. 1074, a request to permit the installation of a radio antenna and tower which exceed the basic height limit in the 24/28 Foot Height Limitation District. Said antenna and tower to be located at 2461 Crestview Drive, on the westerly side of Crestview Drive southerly of Marino Drive in Bayshores; zoned R -1. A report was presented from the Planning Department Volume 34 - Page 244 Variance (91) • Motion x Aye s x x x x x x Noes x • Motion All Ayes • x MINUTES October 14, 1980 Ed Karagozian, Jr., the applicant, addressed the Council and requested a reversal of the Planning Commission's decision. Mayor Heather closed the public hearing. Action on the hearing was continued to October 27 to allow the City Attorney to make an additional study regarding applicable case law. 4. Mayor Heather opened the public hearing regarding applications for Certificates of Public Conven- ience and Necessity in order to operate a tow truck on City Streets from the following tow services, as required in Section 5.13.060 of the Municipal Code: Corona del Mar Shell 2801 E. Coast Highway Corona del Mar, CA 92625 Vick Wise Chevron, Inc. 1550 Jamboree Road Newport Beach, CA 92660 Newport Shell 2800 W. Coast Highway Newport Beach, CA 92663 Custom Tow Service 1378 A. Logan Street Costa Mesa, CA 92627 Capt. Richard Hamilton presented a report from the Police Department. Certificates of Public Convenience and Necessity were granted to Corona del Mar Shell, Vick Wise Chevron, Inc., Newport Shell and Custom Tow Service. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1868, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE CITY COUNCIL MEETINGS FROM MONDAYS TO TUESDAYS, was presented for second reading. A report dated September.S, 1980 was presented from the City Manager. A report was presented from the City Clerk. Volume 34 - Page 245 Police Dept (70) City Cncl/ Meetings (33) C r1 L J Motion x Ayes x x x x Noes x x x Motion x All Ayes Motion I I I Ix All Ayes Motion All Ayes • Motion All Ayes X x Motion Ayes X X X X X X Abstain x • MINUTES October 14, 1980 A letter was presented from Newport -Mesa Unified School District opposing the change in Council meeting dates, as both the Board of Education and the City Council would be meeting on the second and fourth Tuesday of the month. Ordinance No. 1868 was disallowed. F. CONTINUED BUSINESS: 1. (District 7) Councilman Cox's appointment of Jeanne Pitman as a member of the Litter Control Citizens Advisory Committee to fill the unexpired term of Cindy Houston ending December 31, 1980, was confirmed. 2. (District 4) Mayor Heather's appointment of a member to the Environmental Quality Citizens Advisory Com- mittee to fill the unexpired term of Seth M.Oberg, ending December 31, 1980, was Postooned to October 27. 3. (District 2) Councilwoman Plummer's appointment of Sam Osadche to the Transportation Plan Citizens Advisory Committee as a member to fill the unex- pired term of William F. Dohr ending December 31, 1980, was confirmed. 4. A report dated September 22, 1980 was presented from the City Librarian regarding Library Services Agreement /Coastline Community College. A report was presented from the Assistant to the City Manager. The Library Services Agreement /Coastline Community College was continued to October 27. 5. A report was presented from the Public Works Dep ment regarding vacation and abandonment of alley lying westerly of 107 -33rd Street. The following resolutions were adopted: (a) Resolution No. 9891 declaring Council's intention to vacate, close and abandon the alley .lying westerly of 107 -33rd Street and setting a public hearing for November 10. 1980: and (b) Resolution No. 9892 adopting a map show- ing the alley lying westerly of 107 -33rd Street which is proposed to be vacated, closed up and abandoned. 6. A report was presented from the Planning Department regarding the 208 /SCAG Cooperative Agreement, Upper Newport Bay Sedimentation Control Planning. Volume 34 - Page 246 CAC (24) CAC (24) CAC (24) Library Agmti CCCollege (38) Vacations (90) R -9891 R -9892 208 /SCAG Agrmt C -2303 (38) 14c1_1 _c__ , Ayes Noes Abstain 1XI'T xlxlxlx x r 1 Motion All Ayes Motion Ayes Motion All Ayes Motion All Ayes x 1 1111 11, I III � '111 r A MINUTES October 14, 1980 The following actions were taken: (a) Resolution No. 9893 was adopted authori ing the Mayor and City Clerk to execute the SCAG 208 Cooperative Agreement, as revised, and (b) Resolution No. 9894 was adopted authoriz- ing the Mayor and City Clerk to execute a Cooperative Agreement between the City of Newport Beach and the City of Irvine in connection with the 208 Study. 7. A report was presented from the Parks, Beaches and Recreation Director regarding proposed land swap - 5th and Marguerite /Irvine Company. The item was continued to October 27. G. CURRENT BUSINESS: 1. A letter was presented from John W. McCray, petitioning Council to waive the business license fee for 1979 and 1980 plus the penalty. A report was presented from the License Super- visor. The penalty only was waived. 2. A letter was presented from the Orange County Arts Alliance regarding the County Wide Master Plan for Cultural Growth, and stating that the State requires input from Newport Beach. The item was continued to,October 27 for input from the Council. 3. A report was presented from the Public Works Department regarding installation of natural gas engine and pump at Big Canyon Zone IV Pump Station (C- 2046). Resolution No. 989`a waiving the formal public works bid procedure:, and authorizing the purchase on the open market of a natural gas engine and pump in connection with Big Canyon Zone IV Pump Station (C- 2046), was adopted; the specifications for purchase of the subject equipment was ap- proved; and the Purchasing Agent was instructed to secure bids and to purchase the engine and pump on the open market. - Volume 34 - Page 247 R -9893 R -9894 PB &R (62); Bus License (27).. OC Arts Prog (61) Big Canyon IV Pump Sta (C -2046) (38) JR -9895 4. A report was presented from the Public Works Enchroachmt Department regarding application of Derek and (65) Cynthia Niblo to encroach 1.5 feet into the public right -of -way with second story eave at 210 . Via San Remo. Derek Niblo, the applicant, addressed the Council requesting approval of his.application. Motion x The application was approved. All Ayes 5. A report was presented from the Public Works Encroachmt ' - Department regarding application of W. Maxwell to (65) construct 16- inch -high retaining wall encroaching one foot into parkway at 427 Heliotrope Avenue (Encroachment Permit Application No. 80 -190). Bill Maxwell, the applicant, addressed the Council requesting approval. of his application. Motion x Ayes x x x x x The application was approved. Noes x x 6. A report was presented from the Public Works Encroachmt Department regarding application of James and (65) Sally Arnold to install a 2 -foot, 8 -inch slump stone wall. Motion x The application was continued to October 27. All Ayes 7. A report was presented from the Planning Department t6k regarding Planning Commission Amendment No. 551, a ccw) request initiated by the City to consider an amend - ment to Chapter 20 of the Newport Beach Municipal Code establishing land use regulations pertaining to the operation and location of adult entertain- ment uses within the City, and the acceptance of an Environmental Document. A report was presented from the City Attorney. The following Emergency Ordinance was introduced for adoption; Ordinance No. 1869, being, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.73 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING ADULT.ENTER- TAINMENT BUSINESSES. Motion x Emergency Ordinance No. 1869 was adopted. 0 -1869 All Ayes 8. A report was presented from the Aviation Committee Council concerning amendments to Council Policy B -1. Policy B -1 (33) Motion x The new Council Policy B =1, "John Wayne Airport" All Ayes was approved. Volume 34 - Page 248 H. CONSENT CALENDAR: Motion x The following actions were taken as indicated except A,b Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and set for public hearing on October 27, 1980: (a) Proposed Ordinance No. 1870, being, AN Muni /Code ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING (53) CHAPTER 20.73 TO THE NEWPORT BEACH MUNICIPAL CODE REGULATING ADULT ENTERTAINMENT BUSINESSES, Planning Commission Amendment No. 551, a request initiated by the City to consider an amendment to Chapter 20 of the Newport Beach Municipal Code establishing land use regula- tions pertaining to the operation and location of adult entertainment uses within the City, and the acceptance of an Environmental Docu- ment. (See reports from the Planning Depart- ment and City Attorney with Item G -7) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9896 authorizing the Mayor and Resub 501 City Clerk to execute a Subdivision Agreement R -9896 between the City and The Irvine Company in connection with the public improvements required with Resubdivision No. 501. (A report from the Public Works Department) (b) Resolution No. 9897 authorizing the Mayor and Npt B1 /30th • City Clerk to execute an Agreement for Profes- St. CHwy sional Engineering Services between the City R -9897 and Willdan Associates in connection with the (C -2214) widening of Newport Boulevard between 30th (38) Street and Coast Highway. (A report from the - Public Works Department) (c) Resolution No. 9898 approving the Parcel Map Resub 659 for Resubdivision No. 659 and accepting the R -9898 dedication of a pedestrian easement along East Coast Highway. (A report from the Public Works Department) (d) Resolution No. 9899 authorizing the Mayor and Bayside /Mac City Clerk to execute a Local Agency Consultant Arthur /CHwy Agreement between the City and Alderman, R -9899 Swift & Lewis in connection with the widening (C- 2215E) of Coast Highway from Bayside Drive to Mac- (38)' Arthur Boulevard. (A.report from the Public Works Department) Volume 34 - Page 249 • u MINUTES October 14, 1980 (e) Resolution No. 9900 authorizing the Mayor and City Clerk to execute a Supplemental Coopera- tive Agreement between the City and State of California Department of Transportation in connection with the widening of Coast Highway from Bayside Drive to MacArthur Boulevard. (See above report with Item H -2(d)) (f) Resolution No. 9901 recognizing the contribu- tions of Al Forgit to the community and to the City of Newport Beach. (Attached) (g) Resolution No„ 9902 authorizing the Mayor and City Clerk to execute an amendment to agree- ment between the City and G. M. Boston and Associates in connection with the cleanup of floating debris in Newport Harbor. (A report from the Marine Department) 3. COMMUNICATIONS - For referral as indicated: CNB /State Splmtl Agrmt R -9900 (C- 2215S) (38) Forgit /Cmdtn R -9901 (37) Boston &Assoc R -9902 (C -1936) (38) (a) To staff for reply, a letter from Harbor View PB &R Community Association, Newport Hills Community (62) Association, Harbor View Knolls Community Association, Harbor Ridge Home Owners Associa- tion, Seaview Home Owners Association and Seawind Community Association, regarding completion of the park facility at San Miguel and Spyglass Hill Roads. (Attached) (b) To the Pending Legislation and Procedural Ethics Committee, an ordinance of the City of Buena Park, amending their transient occupancy tax ordinance granting.non- profit organizations relief from occupancy tax in time of disaster. (Attached) (c) To staff for report back and reply, a letter from the Balboa Island Improvement Association, concerning residents who have disregarded the City °s building codes. (Attached) (d) To Bicycle Trails Citizens Advisory Committee for report back, a letter from Professional Community Management, inc., representing the Sea Island Community Association, regarding the designated use of sidewalks along Ford and Jamboree Road as bicycle lanes, with a recommendation that this be changed as it presents a problem to the community association (Attached) (e) Removed from the Consent Calendar. Volume 34 - Page 250 Legis /Others (33) Building Codes (26) Bike Path/ Lanes (62) • • • MINUTES (f) To the Traffic Affairs Committee for report Bays back, a petition bearing 73 signatures of (76) residents in the Bayside Drive area requesting that an immediate study be made to make Bayside Drive into two dead -end streets as the result of excessive speeds and carelessnes by motorists. (Attached) Dr (g) To the Pending Legislation and Procedural Redondo Bch/ Ethics Committee, a resolution of the City of Resolution Redondo Beach regarding the use of school (77) property. (Attached) (h) To the Pending Legislation and Procedural Ethics Committee, a resolution of the City Council of the City of Garden Grove requesting the Orange County Division of the League of California Cities seek measures to insure that the authority of Cities to zone school district property continues. (Attached) (i) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter to Charles R. Gross, Police Chief, from Orange County Human Services Agency, Public Health and Medical Services regarding the Newport Beach Police Department annual inspection of local detention facilities. (b) Letters from Koll Company and CommerceBank, expressing thanks to Council for their affirms tive vote for the City's continued participa- tion in County Fire Station 1127. (Attached) (c) A letter from Karl E. Pottharst, Ph.D, in support of the City's litigation against the Orange County Airport and Civil Aeronautics Board prohibiting further expansion of Orange County Airport. (Attached) (d) A copy of a letter to Mobil Oil Company from Gerald A. Riesen registering a complaint against the Mobil Station at 15th and Balboa Boulevard as the result of a service charge fee to repair a punctured tire. (Attached) (e) A letter from James F. Helfrich, supporting the traffic circle at Cliff Drive and Irvine, crediting Evelyn Hart for her support of the project, and urging Council to try another innovative project. (Attached) (f) Removed from the Consent Calendar. Volume 34 - Page 251 GGrove Res (77) • E ` __ _j, t•` I F. 7, I , t. t ! ads 7 MINUTES (g) A resolution from the City of Seal Beach urging Governor Edmund G. Brown, Jr. to sign SB 512 (creating an Orange County Cal Trans District). (h) A resolution from the Metropolitan Water District of Southern California supporting Proposition 8 on the November 4 election ballot. (i) A resolution of the City Council of the City of Orange, urging the Governor to lift the odd -even gas distribution system. (j) Minutes of the Local Agency Formation Commis- sion of Orange County for September 10, 1980. (Attached) (k) Applications before the Public Utilities Com- mission: (1) Southern California Edison Company for authorization to extend Edison's Tax Change Adjustment Clause ( "TCAC ") from December 31, 1980 to December 31, 1981. (Attached) (2) Southern California Gas Company for an amendment to Application No. 59929. (Attached) (1) Agenda of the Orange County Board of Super- visors meetings of September 23, 24 and 30, and October 1, 7 and 8, 1980. (m) Letters from "King Al.fonzo" Lizanetz regard his ongoing campaign against Seagram's Dis- tillery. (n) A letter from the Central Newport Beach Community Association opposing any increase in hotels, opposing the removal of reference and other material from the Balboa Library to other libraries in the City, and attaching a list of policies supported by the Association. (Attached) 5. CLAIMS FOR DAMAGES: For denial and confirmation of the City Clerk's referral to the insurance carrier: (a) Claim of Sandra J. King for personal injuries allegedly received when she contacted a high ridge near the curb at the intersection of Palm Street and Newport Beach Boardwalk while roller skating on June 10, 1980, falling and breaking both wrists. • V I I I I I Volume 34 - Page 252 (36) (b) Claim of Jerry Thomas Wynne for false arrest Wynne and vehicle search on July 3, 1980, in the parking lot of Dillman's Restaurant, 801 East Balboa Boulevard, when Fullerton Police and • Newport Beach Police working in conjunction on a drug bust, allegedly acted without a valid arrest and /or search warrant. (c) Claim of Alfred and Jean Farrar for personal Farrar injuries and property damage to their automo- bile, when they were involved in a collision on July 17, 1980, at the intersection of San Clemente Avenue and Santa Cruz, alledgedly caused by the design of the intersection. (d) Claim of Merle Stepp for personal injuries Stepp sustained while walking on the sidewalk near the men's room showers at the Corona del Mar beach, when he stepped on a square manhole cover which allegedly caved in, causing injury to Mr. Stepp's right foot, shin and knee. (e) Claim of J. E. Cunningham, Sr., for property Cunningham damages, alleging his car was hit and damaged by a City vehicle while it was parked in an Oceanfront parking lot, on August 6, 1980. (f) Claim of Frank Lopez for property damage, Lopez alleging that his vehicle, while stopped for traffic on Jamboree near Ford Road on August 21, 1980, was rear -ended by a City employee • driving a City vehicle. (g) Claim of Ruby U. Dunn for personal injuries Dunn and property damage, sustained when she stumbled and fell, allegedly due to a rise in the sidewalk at 1406 Westcliff Drive on August 31, 1980, causing cuts to her face, hand and knees and breaking her glasses. . (h) Claim of Jack T. Cowan and Lillian Cowan, and Cowan Robert P. Rice and Frances C. Rice for alleged assault and battery, and false imprisonment on July 30, 1980 in the vicinity of 5411 Seashore Drive. (i) Claim.of Eleanor Petredis for personal Petredis injuries sustained on August 22, 1980, when she fell and broke her leg while stepping up on the curb near Christensen Pharmacy, 3021 E. Coast Highway, Corona del Mar, alleg- ing there was a bag of debris, which was unavoidable, due to her handicapp. Volume 34 - Page 253 C • MINUTES October 14, 1980 (j) Claim of Burton J. Miller for property damage to his vehicle, which was allegedly rear - ended by a Newport Beach Police vehicle on September 5, 1980 at Newport Bridge (SASS). (k) Claim of Marilyn Alexander for personal property when the City refuse collectors allegedly took three dining room chairs that claimant had drying in her driveway on September 24, 1980, after she had refinished them. For denial: (1) Application to file late claim of Richard Larkin for personal injuries and damages sustained on June 6, 1980 as a result of alleged Police misconduct, false imprisonment, false arrest, assault, and intentional infliction of emotional harm during his arrest. 6. SUMMONS AND COMPLAINT: - None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Equipment Mechanic II, General Services Department, to fill a vacant position. (b) One Laborer, General Services Department, to fill a vacant position. (c) One Maintenance Man II, General Services Department, to fill a vacant position. (d) One Refuse Crewman, General Services Depart - ment, to fill a vacant position. (e) One Library Clerk I, Library Department, to fill a vacant position. (f) One Utilities Specialist, Utility Department, to fill a vacant position. (g) One Audit Clerk., Finance Department,.to fill a vacant position. (h) One Police Officer, Police Department, to fill a vacant position. (i) One Tree Trimmer II, Park Department, to fill a vacant position. Volume 34 - Page 254 Alexander Larkin (66) J • • MINUTES October 14, 1980 8. STAFF AND COMMISSION REPORTS - For Council informa- tion and filing: (a) A memorandum from the Personnel Director advising that the Civil Service Board had elected Newton Ruston as Chairman, and Paul Wickman as Vice - Chairman for the year 1980- 81. (Attached) 9. PUBLIC HEARING SCHEDULING: None. 10. SAN JOAQUIN HILLS ROAD AND JAMBOREE ROAD FREE RIGHT -TURN LANE (C -1991) - Acceptance of the work; and authorization to the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 11. STREET RESURFACING -- BALBOA BOULEVARD (23RD STREET TO 32ND STREET) 1980 -81 (C -2206) - Approval of the plans and specifications; and authorization to the City Clerk to advertise for bids to be opened at 10:00 a.m. on October 29, 1980. (A report from the Public Works Department) 12. SOUND AMPLIFICATION PERMIT - Approval of the application of John R. Ward to use sound amplifica- tion equipment in connection with a special event at 15 Muir Beach Circle, Corona del Mar on October 16, 1980 between 6:00 and 8:00 p.m., subject to the recommendations of the Police Department. (Attached) 13. Removed from the Consent Calendar. 14. BUDGET AMENDMENTS - For approval: BA -021, $875,330.23 transfer to Budget Appropria- tions for re- appropriation of prior years encum- brances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, General Fund. BA -022, $17,270.66 transfer to Budget Appropriati for re- appropriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, Park and Recreation Fund. BA -023, $32,597.64 transfer to Budget Appropriati for re- appropriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrances, Library Fund: BA -024, $7,294.48 transfer to Budget Appropriations for re- appropriation of prior years encumbrances as required by GovernmEntal Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, Federal Revenue Sharing Fund. Volume 34 - Page 255 IN Civil Sery Bd /Ofcrs (24) SJHR /Jamb Rd (C -1991) (38) St Resurf/ 23rd &32nd (C -2206) (38) Permit (65) BA (25) u Motion All Ayes 0 Ix MINUTES October 14, 1980 BA -025, $45,151.98 transfer to Budget Appropriations for re- appropriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrances, State Gas Tax (Section 2107) Fund. BA -026, $87,731.74 transfer to Budget Appropriati for re- appropriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrances, State Gas Tax (Section 2106) Fund. BA -027, $46,861.03 transfer to Budget Appropriati for re- appropriation of prior years encumbrances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, Arterial Highway Financing Program Fund. BA -028, $147,054.63 transfer to Budget Appropria- tions for re- appropriation of prior years encum- brances as required by General Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, Contribution Fund. BA -029, $565,338.73 transfer to Budget Appropria- tions for re- appropriation of prior years encum- brances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, Building Excise Tax Fund. BA -030, $29,430.83 transfer to Budget Appropria- tions for re- appropriation of prior years encum- brances as required by Governmental Accounting, Auditing and Financial Reporting (GAAFR); from Reserve for Encumbrance, Water Fund. BA -031, $134,530.00 increase In Revenue Estimates for Reserve for Irvine Company contributions toward Circulation and Transportation Improvements ($90,000) and Jamboree Noise Wall ($44,530); from Unappropropriated Surplus, Contribution Fund. BA -032, $10,000.00 transfer of Budget Appropria- tions for additional. funds to complete Community Building /Recreation Area Balboa Island Park; from Renovate Landscaping and Irrigation System, Building Excise Tax Fund. I. ITEMS R.EMnVED FROM THE CONSENT CALENDAR: 1. A letter from Lois E. Monte who stumbled on the uneven oceanfront sidewalk in the vicinity of A and B Streets on Balboa Peninsula, and also reporting the poor condition of the sidewalk around Our Lady of Mt. Carmel Catholic Church was referred to staff for reply and a copy to Council. Volume 34 - Page 256 (80) Sts/Side- C Motion All Ayes MoFion All Ayes Motion All Ayes • Li x CITY OF NEWPORT BEACH MINUTES October 14, 1980 2. A letter from P. D. Breithaupt bearing 15 signatu regarding the condition of Summit Street request- ing corrective action, was referred to staff for report back. 3. A copy of a letter to Senator John Schmitz, from West Newport Beach Improvement Association request- ing solutions to abate the increased traffic noise in Newport Beach, and specifically, in their com- munity of West Newport Beach, including Balboa Coves and Lido Sands, was referred to staff for investigation and report back at the Council meeting of October 27. 4. The Traffic Affairs Committee was directed to notify the community associations and directed to review stop signs at Cliff and Riverside Drives in accordance with recommendations of the Bicycle Trails Citizens Advisory Committee. Mayor Heather adjourned the meeting at 1:40 a.m., October 15, 1980 in honor of former. Councilman Al Corgit. JActing City Clerk Mayor Volume 34 - Page 257 St Impvmt (82) WNBI Assn (7h) Stop Sign/ Cliff & Rvsde Drs. (81)