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Home My WebLink About05/27/1980 - Regular MeetingCOUNCILMEN REGULAR COUNCII. MEETING PLACE: Council Chambers TIME: 7:30 P.M. MINUTES ROLL CAUL C VWT ,. Utl18: .•lay G,, 1JVV INQFX Present x x x x x x A. ROLL CALL. Absent x B. Mayor Heather announced that the minutes for the • meeting of May 12 would accompany the agenda for June 9, 1980. Motion x C. The reading in full of all ordinances and resolu- All Ayes tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing Zoning Amend regarding Ordinance No. 1842, being, 0 -1842 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 13 TO DESIGNATE A FRONT YARD SETBACK OF TEN FEET ON PORTIONS OF TWO LOTS LOCATED AT 109 AND 10911 PARK AVENUE, BALBOA ISLAND, Planning Commission Amendment No. 543, a request of John L. and Barbara B. Scott to consider an amendment to a portion of Districting Map No. 13 to designate a front yard setback of ten feet on portions of two lots located at 109 and 109' Park Avenue, on the southerly side of Park Avenue, westerly of Emerald Avenue,on Balboa Island; zoned R -1 -5. • A report was presented from the Planning Depart- ment. Mayor Heather closed the public hearing after it was determined that no one else desired to be heard. Motion x Ordinance No. 1842 was adopted. All Ayes 2. Mayor Heather opened the public hearing regarding Zoning Amend Ordinance No. 1840, being, 0 -1840 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH DE LETING CHAPTER 20.11 OF THE NEWPORT BEACH MUNICIPAL CODE AND RECODIFYING SAID CHAPTER AS CHAPTER 20.19 OF THE NEWPORT BEACH MUNICI- PAL CODE, AMENDING SECTIONS 20.19.010 AND 20.19.020 TO DELETE THEREFROM THE EXISTING RESIDENTIAL DEVELOPMENT STANDARDS FOR CORONA DEL MAR, AND ADDING CHAPTER 20.20 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING RESIDENTIAL STANDARDS FOR OLD CORONA DEL MAR, AND MAKING TECHNICAL CONFORMING CHANGES TO SECTIONS 20.13.010, 20.13.025, 20.13.040, 20.13.070, 20.15.010, 20.15.025, 20.15.070, 20.16.010, 20.16.030, 20.16.045, 20.16.075, 20.17.010, 20.17.030, 20.17.045 AND 20.17.07 OF THE NEWPORT BEACH MUNICIPAL CODE, Volume 34 - Page 119 i Lmo,Sffio- MINUTES ROLL CALL \*-P\VT " May [/, 198U Planning Commission Amendment No. 541, 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 Docu- ment. A letter received after the agenda was printed from John Bettingen was presented opposing a change in the building standards. A report was presented from the Planning Depart- ment. Robert Stoessel, Chairman of the Corona del Mar Study Committee, addressed the Council and pre- sented slides to illustrate how the Committee had made its determinations. The following people addressed the Council and opposed, or opposed in its present form, the adop- tion of the ordinance: Lars de Jounge, John Bettingen, Allan Beek, Virginia Fouts, Clyde Brenner, Al Binder, Marjorie Nielsen, Bob Anderson and Jamie White. Motion x Mr. Beek was granted three additional minutes for All Ayes his presentation. The following people addressed the Council in • favor of the proposed ordinance; Ron Malouf, speaking for the Board of the Corona del Mar Civic Association; Luvena Hayton and Ron Covington. Dan Emory addressed the Council and asked that they give the matter careful thought. Mayor Heather closed the public hearing after it was determined that no one else desired to be heard. Mayor Heather reopened the public hearing. Motion X Mayor Pro Tem Hart made a motion to reintroduce the ordinance as modified to eliminate the third floor area, and continue the public hearing. Motion x Councilman Hummel asked that the motion be amended Ayes x x x to state in Section 20.20.040(b) that in the R -2 Noes x x x District, the buildable site will not exceed 1.6 x buildable on site, which amendment failed. Ayes X x x A vote was taken on Mayor Pro Tem Hart's main Noes x x x motion, which motion failed. Motion x Councilman Strauss made a motion to accept the Ayes x x x Environmental Document and adopt Ordinance No. Noes x N x 1840, which motion failed. on x The public hearing was continued to July 14, 1980. Ayes Volume 34 - Page 120 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL!' May 27, 1980 INDEX 3. Mayor Heather opened[ the public hearing regarding Use Permit the appeal of Muldoon's Irish Pub in connection No. 1931 with the Planning Commission's approval of Use (88) Permit 1931 by Robert Lorenzetti /Zetti's Place, • Inc. to establish a restaurant facility with on- sale beer and wine in an existing building in Design Plaza in the 0 -0 -H 'District on property located at 240 Newport Center Drive. A letter was presented from Muldoon's Irish Pub asking that their appeal be withdrawn. Motion x The request was granted, and the appeal regarding All Ayes Use Permit 1931 was withdrawn. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1843, being, Drug Para- phernalia AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1843 ADDING CHAPTER 10.56 TO THE NEWPORT BEACH (70) MUNICIPAL CODE TO REQUIRE PROPRIETORS OF BUSINESSES TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE DEVICES, CONTRIVANCES, INSTRU- MENTS OR PARAPHERNALIA, FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP, OR ANY CONTROLLED SUBSTANCE IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITING THE GIFT, SALE OR DELIVERY OF SUCH DEVICES TO MINORS, was presented. • The following people addressed the Council and opposed the ordinance: Bruch Hopping, Ken O'Shay and Russel Evans, Manager of Pier Records. Carol Blanchard addressed the Council in favor of the ordinance. Motion x Ordinance No. 1843 was adopted. Ayes x x x x x Noes x F. CONTINUED BUSINESS: Motion x 1. The following appointments to Citizens Advisory CAC Appmts All Ayes . Committees were postponed to June 9, 1980: (24) (a) (District 2).Councilwoman Plummer's and (District 7) Councilman Cox's appoint- ments of members to the Bicycle .Trails Citizens Advisory Committee; and (b) (District 2) Councilwoman Plummer's appointment of a member to the Litter Control Citizens Advisory Committee. - Volume 34 - Page 121 • X41 - * ; COUNCILMEN MINUTES IN ROLL CAL May 27, 1980 G. CURRENT BUSINESS: 1. The City Clerk announced that two proposals, from Legal Adver • the Daily Pilot and from the Sutton News Group, Bid Proposals had been received by her before the hour of (20) 7:30 p.m., May 27, 1980 in connection with a contract covering the publication 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, 1981. Mayor Heather asked the City Clerk to open and announce the bids. City Clerk Doris George announced the bids as follows: Ensign $3.50 per column inch for first insertion $3.00 per column inch for second or subsequent insertions Daily Pilot $3.91 minimum per column inch $3.12 per inch for subsequent insertions Motion x The two bids were referred to staff for analysis All Ayes and a report back. 2. A letter from Preston Johns was presented stating CEQUAC Appmt that he has been transferred out of the City and Dunzer . resigning from the Environmental Quality Citizens (24) • Advisory Committee. Motion (District 3) Mayor Pro Tem Hart's appointment of All Ayes John Bernard Dunzer as a member of the Environ- mental Quality Citizens Advisory Committee to fill the unexpired term ending December 31, 1980 was confirmed. 3. A report was presented from the Marine Department 18th 6 Bay regarding a reduction in the size of the "Protect Swimming Area ed Swimming Area" at 18th Street and Bay. (51) Mrs. Stetson addressed the Council and asked for the location of the swimming area.. Marine Director Dave Harshbarger responded with a brief staff report. Eli Elman and Bruce Hopping addressed the Council and opposed the reduced swimming area. Motion x The staff was directed to implement the following Ayes x x x x x recommendations: Noes x 1. Reduce the size of the roped and buoyed "Protected Swimming Area" at 18th Street and Bay, by ending the roped off zone at 18th Street rather than 17th Street. • Volume 34 - Page 122 11 1 Z�=1111111�� 91F Miami COUNCILMEN MINUTES ROLL CALL IWII May 27, 1980 INDEX 2. Relocate the lifeguard tower in front of the Marina Trailer Park to just west of the Small Boat Launching Lane at 18th • Street. 3. Sign the area to designate that the beach west of the Small Boat Launching Lane be used for swimmers only and east of the Small Boat Launching Lane for boat launching and day use. 4. Monitor the changes and report back to the City Council at the end of the summer. 4. A report was presented from the Public Works Public Works Department regarding proposal C -1 of the Grading Maint /Dredg. and Siltation Committee Report. (C -2183) (74) Motion x The general policy that maintenance dredging for All Ayes the benefit of privately -owned piers and slips is the responsibility of those deriving the benefit, regardless of the source of material to be dredged was reaffirmed, the staff was directed to prepare a formal policy for Council consideration regard- ing maintenance dredging responsibilities, and the staff was authorized to retain the consulting coastal engineering firm of Moffat 6 Nichol Engineers to prepare a report on storm drain impacts and sand distribution in Carnation Cove for a maximum fee of $7,500. Men x 5. The period for the Appointments Committee's recom Council Pol.' All Ayes mendation from "at least two weeks" to "at least A -4. four weeks" to allow for appointments to Boards (24) and Commissions on July 14, 1980 from those nomi- nated was approved. 6. A letter from the Orange County Vector Control Boards /Com- District regarding regulations governing the terms missions /Com- of the members of their Board of Trustees was mittees presented. (24) Motion x Councilwoman Plummer's appointment to the Orange All Ayes County Vector Control District was delayed until January 1, 1981 when Ray Williams' appointed term ends. 7. A letter from the Balboa Island Improvement As- Special Trash sociation was presented requesting a special City Pickup trash pickup on Saturday, June 21, 1980. BIlA (44) ' A report was presented from the General Services Director. Motion x Saturday, June 21, 1980 was approved as a special All Ayes pickup for Balboa Island, and the staff was directed to prepare a Budget Amendment in the amount of $750.00. • Volume 34 - Page 123 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL C4L �� May 27, 1980 nnrw B. A report was presented from the Orange County O.C. Aviation Airport Aviation Committee regarding CALTRANS' Committee indefinite continuation of the airport variance (58) hearing, and suggesting a letter requesting reconsideration of this action. Motion x The Mayor was authorized to send a letter to All Ayes CALTRANS requesting reconsideration of the contin -. uance of the airport variance hearing. 9. A letter from the Upper Bay Homeowners and Renters Use Permit Association was presented regarding Use Permit No. 1939 No. 1939, considered by Council on May 12, 1980, (88) and asking that the item be reheard. Richard Truofreh, representing the homeowners, addressed the Council regarding the easement. Motion x The request for rehearing was denied. Ayes x x x x Noes x x 10. An amendment in Council Policy J -1 "to include all Council employees was presented. Policy J -1 (66) Motion x Council Policy J -1, "City.Employees Salaries," was All Ayes amended to include all employees except Key Man- agement Personnel. Motion x H. CONSENT CALENDAR: All Ayes The following actions were taken as indicated except • for those items removed: 1. ORDINANCES FOR INTRODUCTION: For introduction and set for public hearing on June 9, 1980: (a) Proposed Ordinance No. 1845, being, AN Zone Amend ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND 0- 1845. ING A PORTION OF DISTRICTING MAPS 16 AND 32 (94) TO RECLASSIFY FROM THE P -C DISTRICT TO THE C -1 DISTRICT CERTAIN PROPERTY LOCATED AT 2546 EAST COAST HIGHWAY, CORONA DEL MAR (AMENDMENT 544), Planning Commission Amend- ment No. 544, requested by Chevron, U.S.A., Inc. Is Habra, and the acceptance of an Environmental Document. (A report from the Planning Department) For introduction and pass to second reading on June 9, 1980: (b) Proposed Ordinance No. 1846, being, AN Speed Limit ORDINANCE OF THE CITY OF NEWPORT BEACH AMEND-, Ford Rd /MacA ING SECTION 12.24.058 OF NEWPORT BEACH MUNI- to San Miguel CIPAL CODE TO ESTABLISH A SPEED LIMIT ON 0 -1846 FORD ROAD FROM MacARTHUR BOULEVARD TO SAN (85) MIGUEL DRIVE. (A report from the Public Works Department) • Volume 34 - Page 124 CITY OF NEWPORT BEACH COUNCILMEN MINUTES A ROLL CALL y > (c) Proposed Ordinance No. 1847, being, AN ORDI- Finance /Sewer; NANCE OF THE CITY OF NEWPORT BEACH AMENDING Connec.Fee SECTION 14.24.050 OF THE NEWPORT BEACH MUNI- 0 -1847 CIPAL CODE TO ESTABLISH BY RESOLUTION A (40) SEWER CONNECTION FEE. (A report from the City Manager) (d) Proposed Ordinance No. 1848, being, AN ORDI- Finance /Sewer. NANCE OF THE CITY OF NEWPORT BEACH AMENDING User Fee SECTION 14.24.065 OF THE NEWPORT BEACH MUNI- 0 -1848 CIPAL CODE TO ESTABLISH BY RESOLUTION A (40) SEWER CHARGE. (See report with H -1(c)) (e) Proposed Ordinance No. 1849, being, AN ORDI- Finance /Water NANCE OF THE CITY OF NEWPORT BEACH AMENDING Meter Testg. SECTION 14.20.030 OF THE NEWPORT BEACH MUNI- 0 -1849 CIPAL CODE TO ESTABLISH BY RESOLUTION THE (40) AMOUNT TO BE DEPOSITED FOR WATER METER TEST- ING. (See report with H -1(c)) (f) Proposed Ordinance No. 1850, being, AN ORDI- Finance /Pro- NANCE OF THE CITY OF NEWPORT BEACH ADDING ceasing Fee SECTION 20.30.035 D. (5) TO THE NEWPORT BEACH Off- Street MUNICIPAL CODE TO ESTABLISH BY RESOLUTION OF Parking THE CITY COUNCIL A FEE FOR PROCESSING 0 -1850 REQUESTS FOR OFF- STREET PARKING ON A SEPARATE (40) LOT IN "H" COMBINING DISTRICTS. (See report with H -1(c)) (g) Proposed Ordinance No. 1851, being, AN ORDI- Finance /Pro- NANCE OF THE CITY OF NEWPORT BEACH ADDING ceasing Fee • SECTION 20.30.040 C. (5) TO.THE NEWPORT BEAC Off- Street MUNICIPAL CODE TO ESTABLISH BY RESOLUTION OF Parking THE CITY COUNCIL A FEE FOR PROCESSING 0 -1851 REQUESTS FOR OFF- STREET PARKING ON A SEPARATE (40) LOT IN "Z" COMBINING DISTRICTS. (See report with H -1(c)) (h) Proposed Ordinance No. 1852, being, AN ORDI- Finance /An- NANCE OF THE CITY OF NEWPORT BEACH AMENDING nual Pier Fee SECTION 17.33.030 OF THE NEWPORT BEACH MUNI- 0 -1852 CIPAL CODE TO ESTABLISH BY RESOLUTION OF THE (40) CITY COUNCIL AN ANNUAL PIER FEE. (See report with H -1(c)) (i) Proposed Ordinance No. 1853, being, AN ORDI- Finance /Water NANCE OF THE CITY OF NEWPORT BEACH AMENDING Turn -on Chrg. SECTION 14.12.150 OF THE NEWPORT BEACH MUNI- 0 -1853 CIPAL CODE TO ESTABLISH BY RESOLUTION OF THE (40) CITY COUNCIL A WATER SERVICE TURN -ON CHARGE. (See report with H -1(c)) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9781 amending Subsection A of Harbor Permit Section 12 of the Harbor Permit Policies Policy /Fees relating to the schedule of fees for permits R -9781 to become effective July 1, 1980, and re- (51) scinding Resolution No. 9585. (See report withH -1(c)) • Volume 34 - Page 125 CITY OF NEWPORT BEACH COUNCILMEN � \Vki MINUTES ROLL CALL' May 27, 1980 INDEX (b) Resolution No. 9782 establishing investiga- Business Lie. tion, application and other fees relating to Fees business licenses and regulations in connec- R -9782 tion with Title 5 of the Newport Beach Muni- (27) • cipal Code, and rescinding Resolution No. 9352. (See report with H -1(c)) (c) Resolution No. 9783 establishing a fee of Newport Harbor $275.00 for permits for commercial activities Com'l permit on the waters of Newport Harbor, and rescind- fees ing Resolution No. 9590. (See report with R -9783 H -1(c)) (51) (d) Resolution No. 9784 establishing sign permit Building and residential building record fees in con - Record fees nection with Title 15 of the Newport Beach R -9784 Municipal Code, and rescinding Resolution (26) No. 9587. (See report with H -1(c)) (e) Resolution No. 9785 establishing filing, Zoning Appeale appeals and other fees relating to zoning Fees actions in connection with Title 20 of the R -9785 Newport Beach Municipal Code to become ef- (94) fective as of July 1, 1980, and rescinding Resolution No. 9588. (See report with H -1(c)) (f) Resolution No. 9786 establishing resubdivi- ResubDiv. sion and tentative map filing fees in connec Filing Fees tion with Title,19 of the Newport Beach R -9786 Municipal Code, and rescinding Resolution (84) • No. 9589. (See report with H -1(c)) i (g) Resolution No. 9787 approving an agreement O.C. Airport for legal services with Dykema, Gossett, Legal Fees Spencer, Goodnow and Trigg. (A report from R -9787 the City Attorney with copy of agreement) (58) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from the Fire Dept. Environmental Coalition of Orange County, Weed Abatmt Inc. regarding the City's Weed Abatement Program Program, and asking Council to take certain (41) actions in this regard. (Attached with a report from the Fire Department) (b) Removed from the Consent Calendar. (c) To staff for inclusion in Budget considera- Budget tions, a letter from the Balboa Peninsula (25) .Point Association regarding the adequacy of Police services in their area. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A letter from Bonnie Jeannette expressing appreciation to the paramedic team that responded when their son was injured. • (Attached) Volume 34 - Page 126 CITY OF NEWPORT BEACH . COUNCILMEN MINUTES A ROLL CALL May 27, 1980 INDEX (b) A letter from the Fair Housing Council of Orange County stating its position on Propo- sition 10. (Attached) • (c) Letters from Rodger E. Hageman and Angus C. Richardson expressing support for the "Keys Marina." (d) Vacancies on League of California Cities Commissions or Committees (appointments on May 15): A letter from the City of Placentia recom- mending Dick Acton to the Orange County Airport Land Use Commission. A letter from the City of Garden Grove recom- mending J. Tilman Williams on the Arterial Highway Financing Program Committee with the Building Industry Liaison Committee. A letter from the City of Cypress recomend- ing Gerald Mullen to the Orange County Airport Land Use Commission. (e) A letter from the Orange County Health Plan- ning Council regarding its application for renewal of full designation as the Health, Systems Agency for Orange County and asking' for a letter of support no later than May 23. (Attached) • (f) Minutes of the Local Agency Formation Com- mission showing action taken on the City's proposed annexation of the County "Triangle" Annexation No. 87. (Attached) (g) Notice of hearing on May 19 before the Public Utilities Commission on the applications of Commuter Bus Lines, Inc. and Southern Cali- fornia Commuter Bus Service, Inc. to extend passenger service from Orange County to Downtown Los Angeles. - (h) Agenda of the Board of Supervisors meetings held May 13, 14, 20 and 21, 1980. (i) A letter from the Board of Directors of the Newport Harbor Area Chamber of Commerce sup- porting the City's stand and opposing expan- sion of John Wayne Airport. (Attached) 5. CLAIMS FOR DAMAGES: Claims (36) For denial and confirmation of the City Clerk's referral of claims to the insurance carrier: (a) Claim of Raul G. Zuniga for alleged personal Zuniga injuries and harassment by the Police Depart went for a period from April 21, 1979 throug • January 4, 1980. Volume 34 - Page 127 CITY OF NEWPORT BEACH COUNCILMEN %0 %N\o\ MINUTES ROLL CALL May 27, 1980 INDFX (b) Claim of Constance Dewey for personal Dewey injuries allegedly sustained when she trippe over a defect in the sidewalk adjacent to • 301 Coral on February 3, 1980. (c) Claim of Laguna Hills Hyatt Lodge (M. W. Ecklund Ecklund) for property damage allegedly cause by City employees on February 29, 1980. - (d) Claim of David Edward Deary for property Deary damage allegedly caused on April 3, 1980 at 2430 Coast Highway when his car was damaged while following directions of traffic police- man. (e) Claim of Michael Patrick Malek for refund of Malek towing charges when his car was allegedly towed away in error from 818 Balboa Blvd. on April 29, 1980. (f) Claim of Elmer K. Anderson for damage to his Anderson car when it was struck by a City vehicle on May 1, 1980. (g) Claim of James L. Gaines for property damage Gaines at 1318 Dover Drive on May 5 and 6, 1980, allegedly caused by a plugged City sewer line. (h) Claim of Joseph Darius Pomathy for property Pomathy damage on May 4, 1980 in the alley between 23rd and 24th Street when his car was • allegedly damaged by a City vehicle. For denial: (i) Claim of Margo Coffman for property damage Coffman amounting to $75.00 at 2907 Carob Street on March 4, 1980 when her carpets were allegedl soiled by fingerprinting powder following a burglary. For approval of the City Attorney's referral to the County Counsel: (j) Claim of Pacific Mutual Life Insurance Com- Pacific Mutual pany for refund of taxes. Life Ins. 6. SUMMONS AND COMPLAINTS - For confirmation of City Clerk's referral to the insurance carrier: (a) Summons and First Amended Complaint of Kim Sheerman Marie Sheerman for negligence and personal, injury in connection with an automobile ac- cident on October 29, 1978. Volume 34 - Page 128 • CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALL' \gyp \ May 27, 1980 INDFX 7. REQUEST TO FILL PERSONNEL VACANCIES - For ap- Personnel proval: (A report from the City Manager) Vacancies (a) Two Groundsman- Gardner II °s, Park and Recrea- • tion Department, to fill vacant positions. (b) One Equipment Serviceworker, General Service Department, to fill a vacant position. (c) One Police Officer, Police Department, to fill a vacant position. (d) One Key Punch Operator, Finance Department, to fill a vacant position. (e) One Typist Clerk II, Planning Department, to- fill a vacant position. 8. REPORTS FROM STAFF - For Council information and filing: (a) A report from the Assistant to the City Man- Teleprompter ager regarding the status of cable televisio Franchise installation by Teleprompter. (Attached) (42) 9. PUBLIC HEARING SCHEDULING - Set for public hear- ing June 9, 1980: (a) 1980 -81 Fiscal Year Budget and Revenue Shar- 1980 -81 Budget ing Funds. (25) /Rev.Sharg (40) • (b) Ordinance No. 1844, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION Zone Amend. 20.42.020 OF THE NEWPORT BEACH MUNICIPAL 0 -1844 CODE TO ALLOW ONE RESIDENCE FOR OWNER AND (94) OWNERS OF A BUILDING SITE IN THE M -I -A DIS- TRICT, Planning Commission Amendment No. 542 a request initiated by the City of Newport Beach to consider an amendment to Chapter 20.42 of the Newport Beach Municipal Code as it pertains to permitting residential uses in the M -1 -A District, and the acceptance of an Environmental Document. 10. RESUBDIVISION NO. 527 - Acceptance of the public Resubdivision improvements constructed in conjunction with Re- No. 527 subdivision No. 527, located at the northeast (84) corner of Newport Boulevard and 30th Street; authorization to the City Clerk to release the Faithful Performance Bond (Bond No. 72356); and authorization to the City Clerk to release the Labor and Materials Bond (Bond No. 72356) in six months provided no claims have been filed. (A report from the Public Works Department) 11. RESUBDIVISION NO. 555 - Acceptance of the public Resubdivieion improvements constructed in conjunction with Re- No. 555 subdivision No. 555, located on the northerly (S4) side of Surrey Drive, northerly of Cameo Highland Drive (Cameo Highlands); authorization to the • Volume 34 - Page 129 CITY OF NEWPORT BEACH COUNCILMEN A MINUTES ROLL CALL May 27 1980 City Clerk to release the Faithful Performance Bond (Bond No. 59SB013532); and authorization to. the City Clerk to release the Labor and Materials Bond (Bond No. 59SB013532) in six months provided • no claims have been filed. (A report from the Public Works Department) 12. Removed from the Consent Calendar. 13. EL CAPITAN DRIVE SIDEWALK CONSTRUCTION FROM POINT E1 Capitan Dr. CONCEPTION TO APPROXIMATELY 1,200 FEET WESTERLY Sidewalk Cons. (C -2105) - Approval of the plans and specifica- (C -2105) tions; and authorization to the City Clerk to (38) advertise for bids to be opened at 2:30 p.m. on June 16, 1980. (A report from the Public Works Department) 14. JASMINE CREEK STORM DRAIN DESIGN REPORT - To Jasmine Crk receive the design report; and instruct the staff Storm Drain to prepare a professional services agreement with Alderman, Swift, and Lewis (AS & L), Consulting Engineers, for the preparation of construction plan, specifications, and estimate. (A report from the Public Works Department) 15. Removed from the Consent Calendar. 16. MAINTENANCE DREDGING HARBOR PERMITS - Approval of Harbor Maint. the following applications for maintenance dredg- Dredging Per. ing harbor permits, subject to the conditions of (51) approval listed in the general permit issued to • the City by the Corps of Engineers: (A report from the Marine Department) 258 -202 202 S. Bayfront W. E. Hunt, Jr. 139 -10 1110 Harbor Isle J. E. Rogers 129 -1801 1801 W. Coast High- Intercollegiate way Sailing & Rowing Base 17. EXPENSE ACCOUNT - Approval of expense account of Council Councilman Philip R. Maurer for attendance at the Expense League of Cities Conference in Santa Clara from (33) May 8 - 10, 1980, in the amount of $205.87. 18. BUDGET AMENDMENTS - For approval: BA -085, $1,700.00 increase in Budget Appropri- ations and increase in Revenue Estimates for purchase of library shelving, donation from Friends of the Newport Beach Public Library, from Unappropriated Surplus and Donations and Contri- butions, Building Excise Tax Fund. BA -086, $689,150.00 increase in Budget Appropri- ations for acquisition of Pacific Electric right- of -way, from Unappropriated Surplus, General Fund Volume 34 - Page 130 • CITY OF NEWPORT BEACH COUNCILMEN A MINUTES ROLL CALL May 27 1980 BA -087, $1,380,500.00 transfer to reserve for future water sources, including annual $100,000 transfer from Water Unappropriated Surplus, from Unappropriated Surplus to Reserve for Future • Water Sources, Water Fund. BA -088, $1,380,500.00 transfer Future Water Sources Fund to Water Fund, from Unappropriated Surplus, Future Water Sources Fund. BA -089, $1,627,237.10 increase in Appropriations Reserve, a net decrease in Budget Appropriations of $1,452,237.10, and an increase in Revenue Estimates of $175,000.00, General Fund. (A report from the City Manager covering BA -089 through BA -098) BA -090, $27,481.50 increase in Appropriations Reserve, a net decrease in Budget Appropriations of $27,481.50, Park & Recreation Fund. BA -091, $172,899.89 increase in Appropriations Reserve and decrease in Budget Appropriations, State Gas Tax Fund, Section 2107. BA -092, $252,494.30 increase in Appropriations Reserve and a decrease in Budget Appropriations, State Gas Tax Fund, Section 2106. BA -093, $19,288.44 increase in Appropriations Reserve and a decrease in Budget Appropriations, • Arterial Highway Financing Fund. BA -094, $4,625.00 increase in Appropriations Reserve, and a decrease in Budget Appropriations, Contribution Fund. BA -095, $11,708.06 increase in Appropriations Reserve and a decrease in Budget Appropriations, Capital Improvement Fund. BA -096, $55,000.00 increase in Appropriations Reserve, and a decrease in Budget Appropriations, Building Excise Tax Funds. BA -097, $294,500.00 increase in Appropriations Reserve, and decrease in Budget Appropriations of $194,500.29 and an increase in Revenue Estimates of $100,000.00, Water Fund. BA -098, $28,600.00 increase in Appropriations Reserve and decrease in Budget Appropriations, Library Fund. I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Encroachment/ Department regarding the application of John T. Fricke Constr. Fricke Construction for construction of a stair- (65) way and a driveway approach /bridge with 42" high side walls in the La Jolla Drive parkway to serve • 328 Catalina Avenue. Volume 34 - Page 131 COUNCILMEN A\ ROLL CALL Motion All Ayes • Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES 3 e Encroachment / Hunter (65) Animal Control (70) Mav 27 1980 x The application was approved subject to the staf . recommended conditions that the applicant sign a hold harmless agreement to be prepared by the City, and that the safety railings be of open -tyl construction, and also subject to a geological report having been previously submitted to and approved by the Public Works Director. 2. A report was presented from the Public Works De- partment regarding the application of Gordon Hunter to construct a'fence 90 feet long, 6 feet high, encroaching 3 feet into the public right -o way at 717 St. James Place. x The application was postponed to June 9, 1980. 3. A letter from Bruce S. Hopping was presented regarding the City's animal control. Bruce Hopping addressed the Council and suggests that some of the wild cats that inhabit the City's bluffs be sent to Laguna Beach to decimat their large squirrel population. x The 'staff was directed to check into the problem and to reply. J. ADDITIONAL BUSINESS: x 1. The Mayor was authorized to write a letter to Supervisor Riley opposing the proposed runway extension at John Wayne Airport. x 2. Fifty additional trash bins to be placed on the ocean front in West Newport were approved, and BA -099, appropriating $11,250 for this purpose, was approved. The Mayor adjourned the meeting to an Executive Ses- sion at 11:20 p.m. to discuss personnel matters. I The meeting was adjourned at 12:30 a.m., May 28, 1980 Mayor Pko Tem ATTEST: -City Clerk Volume 34 - Page 132 I 3 e Encroachment / Hunter (65) Animal Control (70)