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Home My WebLink About04/24/1978 - Regular MeetingCOUNCILMEN 9 C° 9 i gO y9G ROLL CALL �{+ Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: April 24, 1978 MINUTES ifunFr esent x x x x x x x Roll Call. The reading of the Minutes of the Regular Meeting of Motion ix April 10, 1978 was waived, and said Minutes were Ayes x x x x x x x approved as written and ordered filed. Motion x The reading in full of all ordinances and resolutions Aves x x x x x x x under consideration was waived, and the City Clerk was directed to read by titles only. HEARINGS: 1. Mayor Ryckoff opened the public hearing regarding Griswold the appeal of Mr. and Mrs. Donald G. Griswold Appeal from the decision of the Planning Commission (2924) denying Variance No. 1066, a request to permit construction of a single - family dwelling that exceeds the height limit in the 24/28 Foot Height Limitation District, with encroachment into required front yard setback on property at 2333 Pacific Drive, on the southerly side of Pacific Drive, adjacent to Begonia Park in Corona del Mar, zoned R -1. A report was presented from the Community Develop- ment Department. A copy of the appeal application was presented. • Gordon Glass, representing Mr. and Mrs. Griswold, addressed the Council and requested a continuance to June 12. Motion x The hearing was closed after it was determined Ades x x x x x x x that-no one else desired to be heard. Motion x The hearing was reopened and continued to June 12, Ayes x x x x x x x 1978. 2. Mayor Ryckoff opened the public hearing and City Variance Council review of the decision of the Planning No. 1067 Commission to approve Variance No. 1067, a request (2923) of James R. Gill for the construction of a single - family dwelling on a lot on the R -1.5 District that exceeds 1.5 times the buildable area of the site on property at lll;g Park Avenue, southerly of Park Avenue and westerly of Emerald Avenue on Balboa Island. A report was presented from the Community Develop- ment Department. .A letter and a petition signed by 131 homeowners of ✓' Balboa Island were presented opposing Variance No. 1067. Paul Shettler, attorney representing-Mr. Gill, addressed the Council and requested a continuance • to May. 22. Volume 32 - Page 86 COUNCILMEN MINUTES v�� Pence 9j, G$'L 9� Ty<"pd'� April 24, 1978 ROLL CALL d' irunFr • Don Tyler, a Vice president, and Gail Vinje, President, of the Balboa Island Improvement Association addressed the Council and stated that the Association concurred with the request for continuance. Motion x The hearing was continued to May 22, 1978. Ayes x x x x x x x 3. Mayor Ryckoff opened the public hearing resulting Lester from Council's decision to reconsider its action Appeal taken on March 13, 1978 concerning the appeal of (2880) William Lester and overruling the decision of the Planning Commission of February 9, 1978 denying Resubdivision No. 572, a request to create two parcels of land for residential development where one lot now exists on property at 600 15th Street. A report was presented from the Community Develop- ment Department. A copy of the original appeal application was presented. A letter dated April 4, 1978 from the Cliff Haven Community Association with copies of petitions signed by sixty -one area residents opposing the proposed resubdivision was presented with a letter dated April 17 from the Association and a petition signed by thirty -four residents of the area opposing the proposed resubdivision. A letter from William F. Lester and William Munce was presented requesting a delay in the rehearing on Resubdivision No. 572. William "Pat" Lester addressed the Council regarding the resubdivision and opposing the rehearing. John Saginaw, attorney representing Mr. and Mrs. Lester and Mr. and Mrs. Munce, addressed the Council and opposed the reconsideration hearing. Mr. Saginaw also requested an Opinion from the City Attorney regarding the applicability of Section 19.36.030 of the Municipal Code regarding appeals, the applicability of Robert's Rules of Order, and his clients constitutional rights under due process. Motion x Mr. Saginaw was granted twelve minutes for his Ayes x x x x x x x presentation. City Attorney Dennis O'Neil stated as his Opinion that the finality of action referred to in Section 19.36.030 was binding only upon the applicant with respect to the appeal process, but did not preclude the Council from reconsidering Volume 32 - Page 87 COUNCILMEN MINUTES I C, � A�, ROLL C@LL< 9�d'��9�� April 24, 1978 INnF)f its action; that Robert's Rules of Order were used only as a guideline for conducting public forums and were not binding on the Council; and that since there were other uses for the property open to the applicants, they had not been deprived of their constitutional rights under due process. Clay Durr and Bob Cooper addressed the Council in behalf of the Cliff Haven Community Association and gave a slide presentation. Motion x Mr. Durr and Mr. Cooper were granted ten additional Ayes x x x x x x x minutes for their presentation. Motion x Mr. Durr and Mr. Cooper were granted seven more Ayes x x x x x x x minutes for their presentation. Bill House addressed the Council and opposed the resubdivision. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Motion x The Council reversed its action taken on March 13, Ayes x x x x x and Resubdivision No. 572 was denied, incorporating Noes K the following findings adopted by the Planning Commission on February 9, 1978: (a) That although the request for subdivision • would meet the minimum requirements, the lots would be substantially smaller than other parcels adjoining the property in question. (b) That the concept of larger lots with their related amenities, which are presently enjoyed by the adjacent property and surrounding neighborhoods, would be changed and affect the property rights of others in the neighborhood. (c) That the unique characteristic of the community with the larger -sized lots should be preserved and remain as originally developed. (d) Based on the foregoing, the site is not physically suitable for the proposed density of development. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1763, being, Speed Limits 0 -1763 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (163F) AMENDING SECTION 12.24.058 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A 50 MILES PER HOUR SPEED LIMIT ON JAMBOREE ROAD BETWEEN MACARTHUR BOULEVARD AND SAN JOAQUIN HILLS ROAD, was presented for second reading. A report was presented from the Public Works Department. Motion x Ordinance No. 1763 was adopted. Ayes x x x x x Volume 32 - Page 88 CITY OF NEWPORT BEACH COUNCILMEN MINUTES CSC) G RNp April 24, 1978 ROLL CALL d INDEX CONTINUED BUSINESS: 1. A report was presented from the Community Develop - Annexation ment Department regarding the request of Welton & Request Company for annexation of Tract 9291 and transfer Tract 9291 from the City of Costa Mesa, property located (706F) northeasterly of Newport Terrace on an extension of Sundance Drive, and that the annexation be considered in April instead of June. A letter from Feldsott & Lee was presented regarding court action involving Tract 9291. Eric Welton addressed the Council and stated he was present to answer any questions, and also advised the Council that the Costa Mesa Council had approved the annexation on March 6. Motion The Local Agency Formation Commission was requested Ayes x x x x x x x x to designate the City as conducting authority and proceed without further notice and hearing on the annexation of this tract. 2. A report was presented from the Public Works Bloxham Department regarding a letter from Mr. Roger Bloxham Driveway claiming seizure of driveway on The Arcade. (2042) A letter from Roger Bloxham was presented protest- ing the recommendations contained in the staff . report. Roger Bloxham addressed the Council and protested the parking meter which he alleges is blocking his driveway and requested removal of the same. The Council action taken on June 14, 1976 was Motion x reconfirmed, and a change in the parking and Ayes x x x x x x x circulation for The Arcade was denied. 3. A report was presented from the Public Works Curb Cut Department regarding the closure of the driveway Abatement approach at 2800 E. Coast Highway. (687) Motion x The Council action taken on November 14, 1977 Ayes x x x x x x directing that the driveway at 2800 E. Coast Noes x Highway be closed was reaffirmed. 4. A report was presented from the Public Works Curb Cut Department regarding the closure of the abandoned Abatement driveway approach on Heliotrope Avenue, Corona del (687) Mar, serving 2854 E. Coast Highway. Motion x The staff was directed to close and abandon the Ayes x x x x x x x driveway approach on Heliotrope Avenue serving 2854 E. Coast Highway. • Volume 32 - Page 89 COUNCILMEN MINUTES ROLL CALL 9�u' April 24, 1978 I IU f]F X CURRENT BUSINESS: 1. A report was presented from the Public Works PCH Widening Department regarding West Coast Highway improve- 57th St.- ments from 57th Street to the Santa Ana River, Santa Ana Contract No. 1927. River (2552) The plans and specifications for Contract No. 1927 were approved; the City Clerk was authorized to advertise for bids to be opened Wednesday, May 31 Motion x at 2:00 p.m.; and the following resolutions were x x x x x K K adopted: Resolution No. 9318 authorizing the Mayor and City R -9318 Clerk to execute an Arterial Highway Financing Program project administration agreement for right - of -way improvements of West Coast Highway (57th St. to Santa Ana River). Resolution No. 9319 authorizing the Mayor and City R -9319 Clerk to execute an Arterial Highway Financing Program project administration agreement for construction of improvements of West Coast Highway (57th Street to Santa Ana River). 2. A report was presented from the Public Works Santa Ana Department regarding the Santa Ana River. River Channel (2936) A project to be administered by the Environmental bion Management Agency for interim improvements to the x Santa Ana River from Adams Avenue to the Pacific Ayes x x x x x x X Ocean was approved. 3. A report was presented from the Public Works TR7386 Department regarding acceptance of improvements in TR7844 Tract Nos. 7386 and 7844, located northeasterly of E1 Capitan Dr. San Joaquin Hills road and Spyglass Hill Road. Motion x Resolution No. 9320, authorizing the Mayor and City R -9320 Ayes x x x x x x x Clerk to execute an agreement between the City and John D. Lusk & Son for completion of construction of E1 Capitan Drive from Point Conception Way to San Joaquin Hills Road, and authorizing the City Clerk to have said agreement recorded by the Orange County Recorder, was adopted; the public improve- ments constructed in Tract Nos. 7386 and 7844 after August 24, 1974 were accepted; the City Clerk was authorized to release the surety for faithful' performance; and the City Clerk was authorized to release the surety for labor and materials in six months provided that no claims have been filed. 4. A report was presented from the City Manager Banner regarding a request by the City Arts Commission Request for the installation of banners for promotion of (2190) the 1978 Newport Beach Arts Festival. 10ion The request of the City Arts Commission for the installation of banners at various locations x throughout the City for the Arts Festival was Ayes x x X x x x x approved. Volume 32 - Page 90 COUNCILMEN y y ^�� A� y s� ;� A�9�on9ygs,22� c^p ROLL CALL �O • • • MINUTES April 24, 1978 INDEX Budget Committee Donald Strauss Paul Hummel Off- Street (All) Parking Committee Jacqueline Heather Donald Strauss Paul Hummel Pending Legislation and Procedural Ethics Committee Paul Ryckoff, Mayor Donald Strauss Proclamation Committee Paul Ryckoff, Mayor Tidelands Affairs Committee Paul Ryckoff, Mayor Ray Williams Underground Utilities Coordinating Committee Paul Hummel Water Committee Donald McInnis Donald Strauss COUNCIL AD HOC COMMITTEES Revenue Taxation Steering Committee Donald McInnis Jacqueline Heather Paul Hummel REPRESENTATIVES TO JOINT GOVERNMENTAL COMMITTEES City- School Liaison Committee Evelyn Hart Jacqueline Heather Inter -City Relations Committee Evelyn Hart Donald Strauss Joint Harbor Committee Ray Williams Paul Hummel Paul Ryckoff, Mayor, Alternate League of California Cities - Orange County Division Paul Ryckoff, Mayor Ray Williams, Alternate League of Cities - State of California Paul Ryckoff, Mayor Ray Williams, Alternate Mayor's City Selection Committee Paul Ryckoff, Mayor Volume 32 - Page 92 INDEX CITY. OF NEWPORT BEACH COUNCILMEN MINUTES aiA��p yG2� ROLL CALL 9��4 tpd+ April 24, 1978 INDEX 5. A letter to Mayor Ryckoff from Miles R. Stover was CEQAC presented resigning from the Environmental Quality (1058 Citizens Advisory Committee. Mr. Stover's resignation was accepted with regret; the City Clerk was directed to send a Certificate of Appreciation; and Mayor Ryckoff's appointment of a replacement member to the Committee to fill Motion x the unexpired term of Miles Stover ending Ayes x x x x x x x December 31, 1978 was continued to May 8. 6. A letter from the Newport Beach Firefighters Cncl Policy Association, Inc. was. presented asking that the J -1 portion of Council Policy J -1 which declares that (430F) total compensation for entry level police safety positions shall be comparable to the top three cities in Orange County apply to all of the City's safety employees. The City Manager stated that the Firefighters Association had asked for continuance of the item to May 8. The request of the Newport Beach Firefighters Motion x Association in connection with Policy J -1 was Ayes x x x x x x x postponed to May 8. 7. The following letters were presented in connection OrCo with the Orange County Criminal Justice Council: Criminal • Justice A letter from the City of Placentia stating that Council they have recommended the appointment of Mayor Pro (1174) Tem William E. Rashford and asking for support for him. A letter from the City of Cypress stating that they nominated Councilwoman Vickie Evans and asking support for her. A letter from the City of Westminster stating that they are recommending Councilwoman Joy L. Neugebauer and asking for support for her. A letter from the City of La Palma stating that they nominated Councilman Anthony E. van Dyke and asking support for him. Motion x The City's voting delegate was directed to vote his Ayes x x x x x x x conscience. 8. Mayor Ryckoff made the following Committee appoint- Cncl Cmtees ments: (1123) COUNCIL STANDING COMMITTES Appointments Committee Paul Ryckoff, Mayor Evelyn Hart Paul Hummel Volume 32 - Page 91 COUNCILMEN C. ROLL CALL L J • • MINUTES April 24, 1978 INDEX Newport Harbor Convention and Visitors Bureau Liaison Committee Jacqueline Heather Donald Strauss Newport- Irvine Waste Management (NIWA) Paul Ryckoff, Mayor Ray Williams, Alternate Orange County Sanitation Districts 5, 6, & 7 District 5 Paul Ryckoff, Mayor Donald Strauss Paul Hummel, Alternate District 6 Paul Ryckoff, Mayor Donald McInnis, Alternate District 7 Paul Ryckoff, Mayor Ray Williams, Alternate Orange County Vector Control District Ray Williams Santa Ana. River Flood Protection Agency Donald McInnis Jacqueline Heather, Alternate Southern California Association of Governments (SCAG Paul Ryckoff, Mayor Ray Williams, Alternate Upper Newport Bay Ecological Reserve Development Committee Paul Ryckoff, Mayor Ray Williams, Alternate CITIZENS ADVISORY COMMITTEES (Council Liaison Members) Bicycle Trails Ray Williams Evelyn Hart Community Development Jacqueline Heather Environmental Quality Ray Williams Evelyn Hart Litter Control Evelyn Hart Transportation Plan Ray Williams Donald McInnis Volume 32 - Page 93 INDEX CITY OF NEWPORT BEACH COUNCILMEN MINUTES s�s�'sC� ROLL CALL d'T��Sip April 24, 1978 INDEX 0tion CONSENT CALENDAR: x The following actions were approved by one motion Ayes x x x x x x x affirming the actions on the Consent Calendar: 1. ORDINANCES FOR INTRODUCTION: None. 2. Tlz�..follow ng. resolutions were_ adopted: (a) Resolution No. 9321 declaring that weeds Weed Abatement and other public nuisances exist upon R -9321 streets, alleys, sidewalks, parkways, (150F) and private property within the City, declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing set for May 8, 1978. (b) Resolution No. 9322 designating the Fire Explosive Department Chief as the issuing authority Permits for explosive permits. (A report from R -9322 the City Attorney) (1050) • (c) Resolution No. 9323 authorizing the Resub 465 Mayor and City Clerk to execute an R -9323 agreement between the City and The (2099) Irvine Company for non - standard street and parking lot imorovements in Resubdivision No. 465 (Corporate Plaza). (A report from the Chief of Police) (d) Resolution No. 9324 authorizing the Animal Mayor and City Clerk to sign an agreement Shelter between the City and James Tapper, R -9324 D.V.M.. Inc. to provide animal sheltering (862) services. (A report from the Chief of Police with a copy of the resolution and the new agreement attached) (e) Resolution No. 9325 establishing boarding Animal charges for impounding of fowl and Impoundment animals, and rescinding Resolution No. Fees 8741. (To be consistent with new R -9325 agreement) (903) (f) Resolution No. 9326 awarding a contract Bal Isle to Ernie Reason, Jr. for Balboa Island Coping Repair Coping Repair, Contract No. 1860. (A R -9326 report from the Public Works Department) (2870) • Volume 32 - Page 94 CITY OF NEWPORT BEACH COUNCILMEN MINUTES i 9i T�p� S April 24, 1978 ROLL CALL d' INDEX 3. The following communications were referred as indicated-: (a) To staff for report back during Budget Budget deliberations, a letter to Mayor Dostal 1978 -79 from Beach Time Realty stating the two (2934) properties adjacent to the City -owned property on Agate are for sale and suggesting the City purchase them for park use or parking lot use. (Copies . mailed to Council) (b) To staff for reply, a copy of a letter Traffic to the Traffic Engineer and Traffic Complaints Affairs Committee from Henry D. Shaw (1154F) regarding traffic problems at the public lot at Via Oporto and Central Street. (Copies mailed to Council) (c) To staff for reply, a letter from Irving Residential Manoir asking for parking restrictions on Parking Acacia Avenue in Corona del Mar so that Policies his neighbor wouldn't park three cars (817) and a truck in the street rather than use his garage. (Attached) (d) To Pending Legislation and Procedural Pending Legis Ethics Committee, a letter from James J. (1243) Clancy, attorney for the proponents of the California Moral Public Nuisance • Abatement initiative, enclosing a copy of a suggested resolution for adoption by various cities supporting initiative legislation known as "Abatement of Moral Public Nuisances Law." (Copies mailed to Council) (e) To staff for report back, a letter from OrCo Airport the Environmental Quality Citizens (195) Advisory Committee regarding the creation of a position to handle airport matters, retaining outside legal help to assist in the noise matters concerning the airport and the possibility of a special meeting of the City Council with their Committee. (Copies mailed to Council) (f) To Pending Legislation and Procedural Legislation Ethics Committee, a resolution of the Other Cities City of Burbank opposing the 208 Milestone (1429) Report of the Southern California Association of Governments. (Attached) 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter to Mayor Dostal from Phyllis Bonter expressing her thanks for the • beautiful Annual Report of the City. (Attached) (20) (b) A letter to the City Manager from Ladislaw (20) Reday thanking the City for their cooperation Volume 32 - Page 95 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yGy%�cy <'sA5C) �`��oq -% 6 1� ROLL CALL 9�d'��d+�� April 24, 1978 INDEX • on the Trash Derby supervised by the Department of Fish and Game. (Attached) (c) A letter from Shirley Knutsen congratulating the newly - elected Council members and suggesting Paul Ryckoff as the new (20) Mayor. (Copies mailed to Council) (d) A letter from Alfonso Lizanetz regarding the state of the world. (Copies mailed (20) to Council) (e) A letter from the Orange County Chamber of Commerce enclosing a press release and Summary Report on the relationship between the Orange County Airport and the business community of Orange County. (195) (Copies mailed to Council) (f) A letter from the California Employment and Training Advisory Council regarding the position adopted at their meeting of March 23 on the reauthorization of the (2002) CETA program. (Copies mailed to Council) (g) A letter to the County Auditor from the Controller of the State of California • regarding the County's share of the apportionment of trailer coach fees. (20) (Copies mailed to Council) (h) A resolution from the City of Buena Park opposing the housing distribution proposals of the Southern California Association (447F) of Governments. (i) Notices of applications before the Public Utilities Commission for rate increases from Greyhound Lines, Inc., Southern California Edison Company and (20) Western Union Telegraph Company. (j) Notice of application before the Public Utilities Commission regarding a constituted rate structure to provide a lifeline quantity of energy to the average (20) residential user for specified end uses. (k) Agenda of the Board of Supervisors Meetings of April 11, 12, 18 and 19, (20) 1978. (1) A copy of a letter to the Senior Citizens Council from the Orange County Division of the League of California Cities . advising that Ms. Connie Mumford has • been appointed to an alternate position on the Orange County Senior Citizens (2527) Council. (Attached) Volume 32 - Page 96 CITY OF NEWPORT BEACH COUNCILMEN MINUTES yGy 's9:� �ipf 9f 9 2 94i� TFpstf� d' April 24, 1978 ROLL CALL INDEX 5. The following claims were denied and the City Claims • Clerk's referral to the insurance carrier was confirmed: (a) Claim of William Seiler for personal Seiler injuries sustained on April 8, 1978 when (2925) he tripped over a string and board which the City allegedly had strung around a new sidewalk at 916 W. Balboa Boulevard. (b) Claim of John R. Franklin, et al for the Franklin wrongful death of Jeffrey K. Franklin (2926) which occurred on January 1, 1978 when his car was hit by another automobile driven by Darlene Marie Hunt at the Newport Bay Bridge on Pacific Coast Highway causing fatal injuries to Jeffrey Franklin and his companion, Elizabeth J. Hall, alleging the City failed to provide safe and adequate bridge crossing. (c) Claim of Brian Robert Carter, Jr., a Carter minor, by his parents, for property (2927) damage and bodily injury while he was being taken into custody by the Newport Beach Police Department for driving at a high rate of speed and stopping abruptly as well as entering the school parking lot through the exit. • (d) Claim of Carol Tons for property damage to Tons her automobile on February 6, 1978 when a (2930) City vehicle backed into her car while it was parked in the City Employees' parking lot. (e) Claim of Linda Nelson Woodard for property Woodard damage to her home and property at 3709 Ocean (2928) Boulevard by a sewer line which backs up and overflows causing erosion damage. (f) Claim of Lido Building, Ltd. for damage to Lido B1dg.Ltd. their parking lot at 3355 Via Lido caused by (2929) City trees uprooting the pavement as well as the sidewalk causing a need to regrade the parking lot before repaving it. (g) Claim of Rex Scatena for reimbursement of Scatena towing and storage charges incurred when his (2931) car was allegedly towed away in error from St. Andrews Road on February 27, 1978. (h) Claim of Timothy Scott McKay for property McKay damage to his jeep when the tire caught on (2932) the inside of a ground water line at the corner of 27th Street and the northbound alley. A three foot buried pole in the water line caused extensive damage. • (i) Claim of Kim Burditt for property damage to Burditt her automobile on March 28, 1978 when a City (2933) i Volume 32 - Page 97 CITY OF NEWPORT BEACH COUNCILMEN MINUTES G9 f C+yy 9�i TF9�tp April 24, 1978 ROLL CALL ,' INDEX • truck allegedly backed into her automobile while it was parked on Balboa Boulevard near 29th Street. 6. The City Clerk's referral of the following Summons and Complaints to the insurance carrier was confirmed: (a) Claim of Loren Todd Hendrix, a minor, by Hendrix Loren Hendrix, his guardian ad litem, and (2809) Loren Hendrix, individually, for damages and personal injuries, Case No. 28 -67 -96 in the Orange County Superior Court. The original claim was for personal injuries caused from an electric shock received by the child while playing on a surfboard near a private dock in the area off 812 -824 Via Lido Nord, 7. REQUEST TO FILL PERSONNEL VACANCIES: None. 8. STAFF REPORTS - For Council information and filing: None. 9. The following items were pet for public hearing: Set for public hearing on May 8, 1978: (a) Planning Commission Amendment No. 506, a PC Amend • request of The Irvine Company to amend the (2091) Planned Community Development Plan for Corp- orate Plaza to permit general changes in the Land Use Map and Text on property known as Corporate Plaza, bounded by Newport Center Drive, Farallon Drive, Avocado Avenue and East Coast Highway, zoned P -C. (A report from the Community Development Department) (b) Tentative Map Tract No. 9676, a request of TR 9676 McLain Enterprises to subdivide 25.1 (2588) acres for residential condominium development and ingress and egress and private vehicular circulation within the project on property known as Sea Island, located at 1100 Jamboree Road, on the easterly side of Jamboree Road, across Jamboree Road from the Newporter Inn, zoned P -C. (A report from the Community Development Department) Set for public hearing on May 22, 1978: (c) Use of Federal Revenue Sharing Funds for Fed Rev fiscal year 1978 -79. Sharing (1159) 10. The plans and specifications for the Coast Highway Bikeway - Newport Boulevard to 58th Street, PCH Bikeway Contract No. 1904, were approved; and the City (2591) • Clerk was authorized to advertise for bids to be opened at 2:30 p.m. on Tuesday, May 9, 1978. (A report from the Public Works Department) Volume 32 - Page 98 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 9�i T�p�iP S April 24, 1978 ROLL CALL �' INDEX 11. Removed from the Consent Calendar. 12. The substitution of Air Conditioning Systems, Inc. Npt Center La Habra, for Campbell Heating & Air Conditioning Library Anaheim, as a subcontractor of record on the (2030) Newport Center Branch Library contract, Contract No. 1861, was approved. (A report from the Public Works Department) 13. The following budget amendments were approved: BA -77, $358.88 increase in Budget Appropriations and increase in Revenue Estimates, for awards for artists participating in Arts Festival 1978 with donation from the Arts Commission, from Unappro- priated Surplus and Donations and Contributions to Nondepartmental, Special Departmental Expense, General Fund. BA -78, $2,500.00 increase in Budget Appropriations and increase in Revenue Estimates for The Irvine Company's contribution to the Newport Beach Arts Festival with $1,500 for the event and $1,000 for general operating expenses, from Unappropriated Surplus to Nondepartmental, Special Departmental Expense, General Fund. BA -79, $1,100.00.transfer of Budget Appropriations for acquisition of Microfilm Readers, from Community • Development - Sys.-Prof,, Technical, etc. to Commu- nity Developments Office Equipment, General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Marine Department Harbor Permit regarding Harbor Permit Application 11107 -2234 by (304F) Dan Elliott to revise the existing pier at 2234 Channel Road. Dan Elliott addressed the Council and asked for approval of his proposed pier revision, including the exception to Section 13 -A of the Harbor Permit Policies requested in his application. Motion x Mr. Elliott was granted seven minutes for his Ayes x x x x x x x presentation. Motion x Mr. Elliott was granted two more minutes for his Ayes x x x x x x x presentation. Marine Director David Harshbarger gave a brief staff report. Motion x Mayor Ryckoff made a motion to approve Harbor Ayes x x Permit Application 11107 -2234, subject to the Noes x x x x x condition that the proposed revision conform to Standard Drawing 11608 -L as required by Section • 13 -A of the Harbor Permit Policies, which motion failed to carry. Volume 32 - Page 99 COUNCILMEN U, ROLL CALL3s' � on Motion Ayes Motion Ayes r 1 CITY OF NEWPORT BEACH MINUTES April 24, 1978 x Councilman Hummel made a motion to approve the x x x x x x x Harbor Permit Application as presented, with the increased sizing for the float, which motion carried. ADDITIONAL BUSINESS: 1. A request by the Central Newport Beach Community Association to have reinstated the items that had been removed from the contract for Marinapark improvements when the contract was awarded on March 27, 1978 was discussed. x The reinstatement of $13,475.72, corresponding to x x x x x x x items removed at the time the contract was awarded, was approved. x 2. The staff was directed to notify the Orange County x x x x x x x Division of the League of California Cities that the Council is supporting Councilman Hummel for one of the openings on the Revenue and Taxation Committee. The Mayor adjourned the meeting at 10:00 p.m. Ma ATTEST: City Clerk \1. \� cqt /FOit�\ Volume 32 - Page 100 i I INDEX Marinapark (209) League of Calif Cities Comittees (2527) A