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Home My WebLink About05/26/1981 - Regular MeetingC UNCIL ME B RS yG�� sq�A ROLL CALL Present Motion All Ayes Motion All Ayes • 40 CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: May 26, 1981 x x x x x x x A. ROLL CALL. B. The reading of the Minutes of the Meeting of x May 11, 1981 was waived, approved as written and ordered filed. x C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding the APPLICATION OF ARTHUR MELLO TO INSTALL A BAIT RECEIVER MOORED OFFSHORE IN NEWPORT HARBOR. A report from the Marine Department, dated April 27, 1981, was presented. A verbal report from the Tidelands Affairs Com- mittee, was presented. A petition bearing 85 signatures of Balboa Penin- sula residents opposing the location of a bait receiver, adjacent to residential property, was presented. The City Clerk reported that after the printing of the agenda, she had received letters in opposition to the proposed bait receiver from Dan Gilliland, John and Edith Negus, Byron Farwell, and George Coffin, III. In addition, petitions bearing 128 signatures were submitted to the City Clerk just prior to the meeting from residents of Balboa Peninsula, as well as the Balboa Island Improvement Association, opposing the placement of a bait receiver adjacent to residential property. Mayor Pro Tem. Hart, Member of the Tidelands Affairs Committee, advised that, as a result of Council action on May 11, 1981, the Committee met on May 20 with the Harbor Master, members of the Balboa Peninsula Point Association and staff, to again view the possible sites for a bait receiver. After careful analysis, it was the opinion of the Committee that, if there is to be a bait receiver placed inside the harbor, Site #2 would still be the recommended location (Peninsula side of the channel, 600 feet off "E" Street). James C. Person, Jr., Attorney representing the Applicant, addressed the Council In sue± of the request. He stated that, until this date, he had not received any input from any of the residents of Balboa Peninsula Point. He answered questions regarding the availability of live bait from other sources. Volume 35 - Page 133 INDEX Bait Receiver (51) CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALLS May 26, 1951 INDEX Steve Grayshock addressed the Council, advising that he operated a live bait boat hauler, which is sometimes located off Balboa Pier, or near the Pavilion. He indicated he could provide enough live bait for the fishermen as needed. • The following persons addressed the Council in opposition to placing a bait receiver in the harbor: John S. Negus, 1204 E. Balboa Blvd.; Patricia Eichenhofer, President Balboa Peninsula Point Association; Joyce Spizzirri, 1220 E. Balboa Blvd.; June House, 1212 E. Balboa Blvd.; Phil Morgan, 1216 E. Balboa Blvd.; Layton Stanton, 1302 E. Balboa Blvd.; Alice Ozonian, 1222 E. Balboa Blvd.; Craig Bluell, owner of boat moored adjacent to Site 112; Rodson English, 1401 E. Bay Front; Dan Gilliland, 1134 K. Balboa Blvd.; William Clark, 1310 E. Balboa Blvd, and Don Elder, 1107 E.-Balboa Blvd. John Dowdy, 542 Westminster Avenue and Peter Barrett, 435 Aliso Avenue, addressed the Council . in favor of placing a bait receiver in the harbor. Robert Savage, employee at Davey's Locker, ad- dressed the Council and stated he felt that they had more than adequate live bait to supply the fishermen.. James C. Person, Jr., made concluding remarks in response to some of the comments by residents, and answered questions of the Council. • Mayor Heather the hearing. closed public Motion x Following comments by Council Member Maurer, motion was made to deny the application for a bait receiver in a residential area. Mayor Pro Tem Hart stated that, due to the lack of community support received within the last two weeks, she would support the motion to deny. Motion x Following discussion, Council Member Maurer amended All Ayes his motion to delete the word "residential," and to include that the staff be directed to monitor the availability of live bait and possible alternative locations, including onshore uses,.as well as the examination of proper compensation to the City, and report back in six months. 2. Mayor Heather opened the public hearing regarding West Npt WEST NEWPORT OIL WELLS - CONDEMNATION OF OIL Oil PRODUCTION PROPERTY UNDER A JOINT POWERS AGREEMENT (73) WITH THE STATE LANDS COMMISSION. A report from the Utilities Director, was pre - sented. Volume 35 - Page 134 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES G ROLL CALL s'iP 9 May 26 1981 INDEX A letter from Robert A. Armstrong, President, West Npt Armstrong Petroleum Corporation, advising that he, Oil or Robert H. Buchanan will represent Armstrong Petroleum Corporation, and appear at the • Council meeting on May 26, was presented. A letter from John Haskell, Vice President, Beeco, Ltd., in response to the written notice by the City of May 8, Notice of Intention to adopt a Resolution of Necessity, advising that he will appear at the public hearing, was presented. The City Clerk advised that after the printing of the agenda, she received a letter from Mobil Oil Company, advising they wished to be heard at the public hearing. Joe Devlin, Utilities Director, summarized his report, wherein it was noted that the action before the Council is a finding of necessity for the real and personal property located within and without the City limits. To make this finding, the Council must declare that it has found and determined each of the following: 1) That the public interest and necessity require the proposed project; 2) That the proposed project is planned, or located in a manner that will be most compatible with the greatest public good and the least private injury; and • 3) That the property described in the reso- lution is necessary for the proposed project. Mr. Devlin also pointed out that pursuant to the provisions of Council Policy K -3, the Environmental Affairs Committee had evaluated the proposed pro- ject, and determined that the project will not have a significant effect on the environment. A map was displayed, depicting the area under consideration. Richard del Guercio, Attorney representing Arm- strong Petroleum, addressed the Council in opposition to the proposed condemnation proceed- ings. He indicated the matter would be contested in court if the City Council adopts the proposed Resolution of Necessity. He urged the Council to reconsider its proposed action. Wayne Miller, representing Mobil Oil Corporation, addressed the Council and read a prepared statement in opposition to the adoption of the Resolution of Necessity. A copy of said statement was given to the City Clerk for the records. Volume 35 - Page 135 • L • Motion Ayes ,Abstain X x ix MINUTES 26, 1981 John Haskell, Vice President of Beeco, Ltd., ad- dressed the Council, and advised he did not wish to comment at this time, other than to advise that he had received a copy of the proposed Resolution of Necessity, which he was in the process of reviewing. Robert Buchanan, Attorney representing Armstrong Petroleum, addressed the Council in opposition to the proposed eminent domain proceedings. In response to Mr. Buchanan's inquiry as to the City's intention to operate the tideland oil wells, the City Manager responded that the City Council at their January 26, 1981 meeting approved the following recommendation of the Utilities Director: "Once the City has obtained full title to the oil wells and has completed the work on the tank farm, the City will have to develop a method for operating the oil producing facili- ties. It is recommended that a proposal be prepared for Council review that would provide for the operation of the facilities by a private oil contractor. The proposal would be drafted to clearly define: 1) the operating responsibilities of the private contractor, and 2) the methods of payment including third party royalties. It is further recommended that the proposal be drafted as soon as possible, and available for Council review within 60 days after the City has acquired full title to the oil production facilities." Hearing no others wishing to address the Council, the public hearing was closed. Resolution No. 10042, a Resolution of Necessity to condemn for public use, property for oil production purposes, was adopted, and the Environmental Docu- ments were accepted. 3. Mayor Heather opened the public hearing and City Council review of an APPEAL BY SAID SHOKRLAN, Newport Beach, from the decision of the Planning Commission on April 23, 1981, denying USE PERMIT NO. 1941 (AMENDED), a request to permit the con- struction of a three -story retail- office complex it the Mariners Mile Specific Plan Area which exceeds the basic height limit within the 26/35 Foot Height Limitation District. Approval of a use permit is also required, inasmuch as the project exceeds the 0.5 times the buildable area of the site. Propert} located at 2912 West Coast Highway, westerly of Riverside Avenue on Mariners Mile. A report from the Planning Department, was pre- sented. Volume 35 - Page 136 Use Permit 1941 (88) C U ROLL CALL NCIL ME B RS J'cP P • \J • Mav 26. 1991 MINUTES swing people in id Jane E. .ark,. Davis and age; and Gordon Le Crow's Nest residents in :, expressing [dell, Cliff Lt of the in; requesting anted. :he printing of letters from to the proposes .ff Drive; :o and Winifred .arke, 215 219 Tustin Lot, addressed :ation of the [ the height stated that the !fere with the had met with i made some sug• )sed structure. Council in Liams, 2936 :ive; Carolyn Muller, Presi- sers Associa- iy, Attorney, E Drive; et Heights Drive; Marilyn )emmer, 2812 a, addressed th, to the project F the appeal kvon Street to mechanical Traffic Phas- sin stating the not be install is building. I roof of the Use Permit 1941 Letters were received from the folli support of the project: Robert F. ai McGiffin, Cliff Drive; William J. C'. Clark Real Estate Investment Broker, S. Barienbrock, Vice President of tl Yacht & Ship Brokerage. A petition bearing 14 signatures of the vicinity of the proposed projec their approval, was presented. Letters from Orin J. and Iris G. Ri Drive; and Patricia Strang, Preside Newport Heights Community Associati, denial of the use permit, were pres, The City Clerk reported that after the agenda, she received additional the following persons in opposition development: Don Williams, 2936 Cl: LuAnne Baker, 413 Holmwood Drive; L Roth, 2924 Cliff Drive; Robert A. C'. Tustin Avenue and Einer S. Nielsen, Avenue. Dick Hogan, representing the Appell, the Council and gave a slide presen area in question. He also discusse, limit, floor area and traffic. He proposed development would not inte public view of the bay. Mayor Pro Tem Hart advised that she Mr. Hogan and the applicant, and ha gestions to them regarding the prop The following persons addressed the opposition to the project: Don Wil Cliff Drive; Leo Roth, 2924 Cliff D Slayback, 426 Riverside Drive; Alka dent of Newport Heights Parent Teac tion, 2928 Cliff Drive; Maureen Har representing residents at 2919 Clif Patricia Strang, President of Newpo Community Association, 251 Catalina Riddell, 2940 Cliff Drive and Gail Cliff Drive. Bryon Jeanette, 400 Santa Ana Avenu Council, stating he was not opposed but would suggest some conditions i were granted. He discussed paving existing asphalt, enclosing roof to equipment, required parking, and th ing Ordinance. Dick Hogan addressed the Council ag the air conditioning equipment will ad on the three -story portion of t will be installed on the one -story I Volume 35 - Page 137 MINUTES swing people in id Jane E. .ark,. Davis and age; and Gordon Le Crow's Nest residents in :, expressing [dell, Cliff Lt of the in; requesting anted. :he printing of letters from to the proposes .ff Drive; :o and Winifred .arke, 215 219 Tustin Lot, addressed :ation of the [ the height stated that the !fere with the had met with i made some sug• )sed structure. Council in Liams, 2936 :ive; Carolyn Muller, Presi- sers Associa- iy, Attorney, E Drive; et Heights Drive; Marilyn )emmer, 2812 a, addressed th, to the project F the appeal kvon Street to mechanical Traffic Phas- sin stating the not be install is building. I roof of the Use Permit 1941 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ti ROLL CALL` `riP P 26 1981 av I OE :y ) N X structure and will be screened. They will also be providing three more parking spaces than required, and are providing additional space on each side for added view. He stressed that the public view from the park will not in any way be impaired by the project. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the decision of the Planning Commission. Motion x A substitute motion was made to overrule the decision of the Planning Commission, and grant the appeal subject to the following: 1) That the nonconforming lot on which the book store is currently located be included in the development; 2) To allow .7 times the buildable area; 3) That the maximum height limit not exceed 26 feet; 4) That access to Avon Street be permitted; and 5) That approval of the appeal be subject to the findings as modified by the.City Council in their foregoing action and *s designated as Exhibit "A." x x x x Following comments, the motion was voted on and Noes x x x carried. Mr. Hogan asked the Council if they would consider changing the density factor to .75 times the buildable area. The Council took no action. 4. Mayor Heather opened the public hearing regarding Teleprompter INCORPORATION OF THE FORMER COUNTY TRIANGLE AREA Franchise/ INTO THE TELEPROMPTER FRANCHISE AREA. Former Count Triangle (4s A report from the City Manager, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Ordinance No. 1880, being, AN ORDINANCE OF THE 0 -1880 All Ayes CITY OF NEWPORT BEACH AMENDING THE FRANCHISE OF TELEPROMPTER CORPORATION BY ADDING TO THE FRAN- CHISE AREA A FORMER COUNTY TRIANGLE, was introduced and passed to second reading on June 8, 1981. Volume 35 - Page 138 :y ) CITY OF NEWPORT BEACH C UN ME 8 RS MINUTES G ti s ROLL CALL' Ja "A Mav 26_ 1981 INDFX E. PUBLIC COMMENTS: 1. Andy Andrews, resident,. addressed the Council, and Back Bay distributed a copy of the results of the Newport Clean Up Back Bay Survey, sponsored by the Committee to (51) Clean Up the Back Bay. He also announced that he would be addressing this matter at a breakfast at the Newport Harbor Yacht Club on Sunday, June 7, at 9:00 a.m., and invited the public to attend, and suggested that this item be considered at a future Council Study Session. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION: - For introduction and pass to second reading on June 8, 1981: (a) Ordinance No. 1881, being, AN ORDINANCE OF THE 0 -1881 CITY OF NEWPORT BEACH AMENDING SECTION 12.52. Trf Signs 060 OF THE NEWPORT BEACH MUNICIPAL CODE TO (81) REMOVE THE 'ONE -WAY" DESIGNATION FOR THE OCEANFRONT ALLEY BETWEEN 31ST AND 32ND STREETS. (A report from the Traffic Affairs Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 10043 authorizing the Mayor and Myers -O. City Clerk to execute an agreement between the Hill /Upper City of Newport Beach and Myers -0. Hill, Ltd., Npt Plaza dba Upper Newport Plaza in connection with C -2269 nonstandard street improvements in Resubdivi- R -10043 sion No. 631. (A report from the Public Works (38) Department) (b) Resolution No. 10044 authorizing the Mayor and Bein /Frost/ City Clerk to execute an Engineering Services Associates Agreement between the City of Newport Beach C -2260 and Robert Bein, William Frost and Associates R -10044 in connection with the Mariners Mile parking (38) lot and access road. (A report from the Public Works Department) (c) Resolution No. 10045 approving the parcel map Resub 673 for Resubdivision No. 673 and accepting the R -10045 dedication of comer cutoffs at East Coast (84) Highway and Iris Avenue and First Avenue. (A report from the Public Works Department) (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. Volume 35 - Page 139 CITY OF NEWPORT BEACH U C NCIL ME ® RS MINUTES 9 G ROLL CALL �n �A May 2h- 19R1 1061ncv Volume 35 - Page 140 (f) Resolution No. 10048 establishing. "No Parking" Pkg Rstrcn restrictions from 8:30 a.m. to 12:30 p.m. on R -10048 Central Newport Streets on certain days, in (64) connection with the Street Sweeping Program. (A report from the Traffic Affairs Committee) (g) Resolution No. 10049 approving the First 1st Amndm/ Amendment to the San Joaquin Reservoir Trust SJoaquin Agreement, and authorizing the Mayor and City Tr /Agent Clerk to sign a letter of execution. (A C -2193 report from the Utilities Director) R -10049 (38) 3. COMMUNICATIONS - For referral as indicated: (a) To the Planning Commission for inclusion in P/C their records, a letter from Jeff Schulein (67) strongly opposing any further development in Newport Center until Pelican Hills Road is completed. (b) Removed from the Consent Calendar. (c) To the Police Department for reply, a letter Police Dpt from Elaine Fife regarding police records. (70) (d) Removed from the Consent Calendar. (e) To Parks, Beaches and Recreation Commission PB &R Com for report back, a letter from the Spyglass (62) Hill Community Association regarding request for expenditure of funds held in reserve account with the City (Paseo Deletion Reserve) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from Margaret Howland, 515 Vista Flora, protesting noise from airplanes departing from Orange County Airport before 7:00 a.m. and after 10:00 p.m. (b) Letter from Dan and Rosalie Kane, Corona del Mar, thanking the Rotary Club, the Newport Beach City Council and the Parks, Beaches and Recreation.Department for the diversified sports activities available, specifically the track meets. (c) Minutes of the Friends of Oasis Board Meeting of April 20, 1981. (d) Minutes of the Local Agency Formation Commis- sion of Orange County of April 22, 1981. (e) Communication from Orange County Division, League of California Cities regarding approval of the following resolutions for consideration at their June 18, 1981 General Meeting: 1) A resolution from the City of Anaheim opposing the mandating of social impact -- suits and declaring that if said mandat- ing is not terminated, the Orange County Division will recommend to the O.C. Board of Supervisors that funds to the Legal Aid Society be discontinued; Volume 35 - Page 140 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES Jr. . 2) A resolution of the City of Orange, endorsing the California Partnership Act Concept; 3) A resolution from the City of Anaheim, urging the Congress of the United States to Amend Title 42 U.S. Code Section 1983 and 1988 to limit the liability of muni- cipal governments and to limit attorney's fees in actions alleging violations of civil rights;. and 4) A resolution from the City of Garden Grove,supporting the elimination of the Federal Estate Tax. (f) A resolution of the City Council of the City of Loma Linda, supporting ratification of the Peripheral Canal Referendum. (g) A resolution of the City of Westminster, urging the Congress of the United States to amend Title 42 United States Code Sections 1983 and 1988 to limit the liability of Muni- cipal Governments and to limit attorney's fees in actions alleging violation of Civil Rights. (h) Communications from the Airport Land Use Commission regarding: 1) Notice of regular meeting on Thursday, May 21, 1981. • (i) Orange County Board of Supervisors Agenda for the meetings of May 12, 13, 19 and 20, 1981. 5. CLAIMS FOR DAMAGES: (36) For denial and confirmation of the City Clerk's referral to claims adjuster: (a) Claim of Mary Torre for property damage, Torre allegedly sustained in an automobile accident involving a City Animal Control vehicle on April 27, 1981, in the parking lot of the' Newport Harbor Animal Hospital. (b) Claim of James L. Galassi, Jr., for personal Galassi, injuries, allegedly sustained when arrested by Newport Beach Police Department on February 9, 1981. (c) Claim of Carol Boyle for personal injuries Boyle sustained as a result of a multi -car accident, allegedly due to flooded conditions on SR -1 Coast Highway, near intersection with Emerald Bay Main Gate, Laguna Beach, on March 4, 1981. Volume 35 - Page 141 • Jr. . C UNCIL ME B RS MINUTES y y99��'G Rol I (AI I �� Ms.. �� ioui iwncet (d) Claim of Scott George Spiker for personal Spiker property sustained to his vehicle,.alleging damage by a City Police vehicle on April 4, 1981 in the City Hall Parking lot, 3300 New- port Boulevard. (e) Claim of Patricia Jones for property damage to Jones her vehicle when she collided with a parked Dewey Dumpster, on February 26, 1981 at San Miguel Drive, Newport Center, alleging that the dumpater should not have been parked there. (f) Claim of M. Burton Horn for property damage, Horn alleging that an unmanned City Police vehicle hit his vehicle and damaged his left door on April 9, 1981, while parked in the Police Department parking lot = 870 Santa Barbara Drive. (g) Claim of Donald Rehm alleging wrongful arrest Rehm by Police Department on April 17 and 29, 1981, at 303 Pointsettia Avenue, Corona del Mar. For rejection - Not timely filed: (h) Late claim of Kevin M. Carlson for alleged Carlson property damage to his 3 -wheel people power vehicle by Newport Beach Police Officer on July 26, 1980 at the 100 block, 35th Street. (i) Late.claim of Odie Lee Jones, Jr., for per- Jones, Jr. sonal property, alleging that the Police Department retained his .38 caliber gun when he was arrested in May, 1979. 6. SUMMONS AND COMPLAINTS: - For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Lori Austin and Austin & Rebecca Ann Sullivan for personal injuries and Sullivan property damage. The Austin claim was filed with the City in March of 1981, and the claim of Sullivan was filed in February, 1981. Subject suit is in Superior Court of Orange County, Case No. 353774. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the.City Manager) (a) One Storekeeper II, Purchasing Division, 'to fill a vacant position. (b) One Groundsman- Gardner II, Park Division, to fill a vacant position. (c) One Building Maintenance Man I, Recreation Division, to fill a vacant position. Volume 35 - Page 142 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES -sti s�ry'o ROLL CALL �:'n 'A m.y )r, 1QR1 Itinry (d) One Police Officer, Police Department, to fill a vacant position. (e) One Library Clerk I, Library Department, to fill a vacant position. (f) One Library Clerk II, Library Department, to fill a vacant position. (g) One Utilities Serviceworker, Utility Depart- ment, to fill a vacant position. (h) One Maintenance Nan I, Field Maintenance Division, to fill a vacant position. (i) One Maintenance Man II, Field Maintenance Division, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS: For Council information and filing: (a) A report from the Parks, Beaches and Recrea- PB &R /Williams tion Department regarding TREE PROBLEM OF (62) STUART WILLIAMS, 1748 BAYPORT WAY. (b) A report from the Traffic Affairs Committee Pkg Sign regarding CHANNEL PLACE TOW -AWAY SIGN. (81) For Council information and approval: (c) A report from the Bicycle Trails Citizens BTCAC /Bike Advisory Committee regarding approval of Routes • CORONA DEL MAR ELEMENTARY SCHOOL CLOSURE -- (62) RECOMMENDED BIKE ROUTES TO HARBOR VIEW ELEMENTARY SCHOOL. 9. PUBLIC HEARING SCHEDULING: - For Public Hearing on June 8, 1981: (a) Public hearing regarding PROPOSED INCREASES G &W Twg /PD IN TOWING RATES requested by G & W Towing. (70) Approval of such rate increases, pursuant to Sections 5.13 and 5.15. (Memorandum w /attach- ment from the Assistant to the City Manager) (b) Public hearing regarding PRELIMINARY BUDGET Finance prepared by the City Manager for the FISCAL (40) YEAR 1981 -82, pursuant to Section 1102 of the Newport Beach City Charter, and also a public budget hearing on FEDERAL REVENUE SHARING FUNDS. 10. ACCEPTANCE OF DONATION OF $9,950.00 AND ESTABLISH- Jamboree Rd ING RESERVE ACCOUNT FOR BEAUTIFICATION PURPOSES TO Impvmts/ BE REAPPROPRIATED IN FISCAL YEAR 1981 -82 - For Reserve Jamboree Road median improvements. (A report from (62) the Parks, Beaches and Recreation Director) Volume 35 - Page 143 CITY OF NEWPORT REACH C UNCIL ME 8 RS MINUTES ROLL_ Cal L n� May 26. 1981 klmrw - -- - -- uwan 11. DENIAL OF ENCROACHMENT PERMIT APPLICATION OF ANNA Gray GRAY -For an existing brick pilaster to support a Encroachmer mailbox; and a 12 -inch high brick wall perpendicu- (65) lar to the curb in the public right -of -way adjacent to 2001 Bayside Drive. (A report from the Public Works Department) 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. Removed from the Consent Calendar. 15. Removed from the Consent Calendar. 16. Removed from the Consent Calendar. 17. PROSPECT STREET CONSTRUCTION BETWEEN WEST COAST Prospect S1 HIGHWAY AND SEASHORE DRIVE C- 2150- Accept the Constructic Negative Declaration of Environmental Impact, C -2150 subject to the determination that Seashore Drive (38) will remain in one -way operation; approve the plans and specifications for the subject project; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on June 10, 1981. (A report from the Public Works Department) 18. TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS Tfc Signal (C -2267) - Approve the plans and specifications; Modificatn: and authorize the City Clerk to advertise for bids C -2267 to be opened at 2:00 p.m., on June 11,.1981. (A (38) report from the Public Works Department) • 19. HARBOR MAINTENANCE DREDGING APPLICATIONS - (A Harbor Maii report from the Marine Department) Approve the Dredging applications in conjunction with conditions of (51) approval listed in the general permit issued to the City by the Corps of Engineers for the follow- ing: 175 -724 Ed Warmington 724 Via Lido Soud 117 -1420 Frederick Dulien 1420 West Bay Ave. 20. APPROVAL OF HARBOR PERMIT APPLICATION - (A report Harbor Per from the Marine Department) Applicatia (51) 150 -6 Harry G. Thomasen to build a canti- levered deck at #7 Collins Isle. 21. APPROVAL OF THE REQUEST IN' CONCEPT, SUBJECT TO THE Channel CONDITIONS LISTED IN THE STAFF REPORT - By the Dredging Army Corps of Engineers to use two areas in (51) Newport Beach to dispose of material dredged from the channel entrance. Also included in this request, the Corps has asked that Newport Beach bear the cost of construction containment dikes and a de- watering pond at one location. (A report from the Marine Department) Volume 35 - Page 144 • >n CITY OF NEWPORT BEACH C UNL S S MINUTES ROLL CA ` Mav 26. 1981 IuneY - I I�YLT 22. APPROVAL OF SOUND AMPLIFICATION PERMIT - For Sound Permit American Express Company and Far West Services. (65) (A report from the Business License Supervisor, Finance Department) . 23. APPROVAL OF SOUND AMPLIFICATION PERMIT - For Ann Sound Permit Dobbie c/o Bayshore Windjammers. (See report with (51) Agenda Item F -22) 24. APPROVAL OF SOUND AMPLIFICATION PERMIT - For Mary Sound Permit Amiss, 2732 Circle Drive, Newport Beach. (See (65) report with Agenda Item F -22) 25. LEGAL PUBLICATIONS FOR 1981 -82 - Instruction to Legal Adv the City Clerk to publish a Notice Inviting Bids City Clerk to be received at or before the hour of 5:00 p.m., (20) on June 11, 1981 for a contract covering the publishing and printing of all legal notices, or other material required to be published in a newspaper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 30, 1982. 26. BUDGET AMENDMENTS: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Following an inquiry by Mayor Pro Tem Hart regard- Harbor Ridge All Ayes ing the location of Tract Nos. 9587, 9860, 9861 and Tracts 9862, being the Harbor Ridge Area, the following items were approved: • ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9587 - Tract 9587 Accept the public improvements constructed in conjunction with Tract No. 9587; authorize the City Clerk to release the Faithful Performance Bond (Bond No.,2620995); and authorize the City Clerk to release the Labor and Material Bond (Bond No. 2620995) in six months, provided no claims have been filed. (A report from the Public Works Depart- ment) ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9860 - Tract 9960 Accept the public improvements constructed in conjunction with Tract No. 9860; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 5- 757906); and authorize the City Clerk to release the Labor and Material Bond (Bond No. S- 757906) in six months, provided no claims have been filed. (A report from the Public Works Department) ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9861 - Tract 9861 Accept the public improvements constructed in conjunction with Tract No. 9861; authorize the City Clerk to release the Faithful Performance bond (Bond No. 5- 757928); and authorize the City Clerk to release the Labor and Material Bond (Bond No. S- 757928) in six months provided no claims have been filed. (A report from the Public Works Department) • Volume Page .35 - 145 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES G S � ROLL \CALIL\< S'n 9 Mnv 26 _ 1981 1 runcx ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 9862 - Tract 9862 Accept the public improvements constructed in conjunction with Tract No. 9862; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 5- 757929); and authorize the City • Clerk to release the Labor and Material Bond (Bond No. 5- 757929) in six months provided no claims have been filed. (A report from the Public Works Department) Motion x 2. Following comments by Council Member Plummer, the Street Impvm All Ayes letters from Gene Kraus and David Manookian regard- (82) ing street -end improvements at 6900 W. Ocean Front, were referred to the staff for report back at the next meeting. Motion x 3. Following comments by Council Member Plummer, the Parking All Ayes letter from Newport Island Incorporated, regarding (63) parking problem, was referred to the Traffic Affairs Committee for report back, as well as input from the Police Department. Motion x 4. As recommended by the staff, the plans and specifi- Lido Isle All Ayes cations for LIDO ISLE CONCRETE STREET RECONSTRUC- Concrete St TION (C 72245) was referred back to the staff for Recnstn revisions. C -2245 (38) 5. Sid Soffer, 900 Arbor, Costa Mesa, addressed the Legislation Council in opposition to proposed resolution urging (48) the Congress of the United States to amend Title 42 and to limit attorney's fees in actions alleging violations of Civil Rights. on x Resolution No. 10046, urging the Congress of the R -10046 s x x x x x x United States to amend Title 42 of the United Abstain x States Code Sections 1983 and 1988 to limit the liability of Municipal Governments and to limit attorney's fees in actions alleging violations of Civil Rights, (A report from the City Attorney, dated May 11, 1981) was adopted. 6. Sid Soffer addressed the Council regarding Legislation proposed resolution supporting AB 881, amending (48) the California Vehicle Code regarding removal of vehicles from public streets and highways under, certain circumstances. Motion x Resolution No. 10047, supporting AB 881 to amend R -10047 All Ayes Section 22651 of the California Vehicle Code, (A report from the City Attorney) was adopted. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None. Volume 35 - Page 146 • C UNCIL ME B RS s s�o ROLL CALL • Motion All Ayes • ti'on yes __s MINUTES May 26. 1981 INDEX Boards /Comm (24) Balboa Ycht Basin (51) R -10050 R -10051 J. CURRENT BUSINESS: 1. A report from the City Manager dated February 23, 1981, was presented regarding NOMINATIONS FOR BOARD AND COMMISSION VACANCIES for appointment by the City Council on June 8, 1981. x The following slate of nominees was approved: Board of Library Trustees Mary Richmond Debroah Sperberg City Arts Commission Bill Agee Patti -Gene Sampson Civil Service Board of Appeals Paul Wickman John Barry Parks, Beaches & Recreation Commission John Heffernan Rae Cohen Lucy de Mocskonyi Roger Morin Planning Commission Jerry King Bob Hopkins Tim Haidinger Joan Winburn 2. A report from the Tidelands Affairs Committee regarding the BALBOA YACHT BASIN, was presented. x The following were enacted with one motion: x x x x x x x Resolution No. 10050, approving the assign- ment of lease (Beacon Bay East Portion Balboa Yacht Basin) from The Irvine Company to the City of Newport Beach, was adopted; and Resolution No. 10051 authorizing the filing of a loan application to the Department of Boating and Waterways in the amount of $2.5 Million Dollars for the redevelopment of the Balboa Yacht Basin and authorizing the Mayor and City Clerk to execute the Loan Agreement, was adopted; and Volume 35 - Page 147 INDEX Boards /Comm (24) Balboa Ycht Basin (51) R -10050 R -10051 CITY OF NEWPORT BEACH COUNCIL ME B RS MINUTES ROLL CALL �iA P Ma 26 1981 INDEX Staff was directed to transmit all documents to the Department of Boating and Waterways Commission by June 1, 1981, for their review and approval of the loan application. • K. ADDITIONAL BUSINESS: Motion x 1. CHANGE OF COUNCIL MEETING DATE - Due to the July 14/ All Ayes July 13 Council meeting date being on the same Council Mtg day as the Orange County Division League of (33) California Cities sponsored Dinner and Laguna Beach Pageant of the Masters performance, the Council meeting was changed to Tuesday, July 14, 1981. 2. The staff report from the Traffic Affairs Com- Tfc Signs/ mittee regarding CHANNEL PLACE TOW -AWAY SIGN, Channel P1 (placement of a tow -away sign on Channel Place (81) between 38th Street and The Rialto) was addressed by Sanford A. Cox of 3717 Channel Place, and Bill and Sarah Aldridge,.3711 Channel Place. Motion x Following consideration by the Council of Mr. All Ayes Cox's appeal, as well as the report from the Traffic Affairs Committee, the recommendation of the Traffic Affairs Committee was approved as submitted. The meeting was adjourned at 12:28 a.m. ayo ATTEST: C ty Clerk Volume 35 - Page 148 •