HomeMy WebLinkAbout05/11/1981 - Regular MeetingC, U
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: May 11, 1981
MINUTES
riIn0 & A
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the Meeting of
All Ayes
April 27, 1981 was waived, approved as written
and ordered filed.
13Ction
x
C. The reading of all ordinances and resolutions
All Ayes
under consideration was waived, and the City Clerk
was directed to read by titles only.
D. HEARINGS:
1. Mayor Heather opened the continued public hearing
Bait Receiver
on the APPLICATION OF ARTHUR MELLO to install a
(51)
bait receiver moored offshore in Newport Harbor.
A report from the Marine Department dated April 27,
1981, was presented.
A report from the Tidelands Affairs Committee re-
commending Site.#2 (600 feet off "E" Street on the
Peninsula side),.was presented.
The City Clerk presented a letter received after
the printing of the agenda from the Balboa Island
Improvement Association, advising that their
Association does not object to the new location for
a bait receiver; and a petition with 104 signature
from Little Balboa Island Improvement Association
objecting to a bait receiver at the former pro-
posed location of South Bay Front, near Onyx.
It was further recommended by the Tidelands Affair
.
Committee that:
1) A fee of $300 per month be charged for
tidelands use.
2) The permit be for one year, and that
renewal must come before the City Council
as regards permit renewal and the tide-
lands fee.
3) The permit will be nontransferrable.
4) The Applicant will comply with the
conditions listed in his letter of
March 25, and with those conditions
listed in the Negative Declaration.
James C. Person, Jr.., Attorney for the Applicant,
addressed the Council in support of the recommend-
ed site. He advised that Mr. Mello had.reviewed
the conditions recommended by the Committee and
had no objections. He stated that he had not had
any input from the Balboa Peninsula Point Associa-
tion, either for, or against the new proposed
location. He had discussed the new site with
members of the Balboa Improvement Association and
received positive response, but did not obtain
anything in writing from that group.
Volume 35 - Page 119
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Motion
All Ayes
CITY OF NEWPORT BEACH
MINUTES
11. 1981
Council Member Maurer noted that he had contacted
the President of the Balboa Peninsula Point Assoc
ation relative to the new recommended site, but
had not had any response back, as yet.
Art Gronsky, owner of Art's Landing, addressed the
Council advising that he was also representing the
Marine Division of the Newport Harbor Chamber of
Commerce, and that they were in favor of the bait
receiver at the proposed location.
Roger Vandergrift, 112 Amethyst, Balboa Island,
addressed the Council inquiring about lighting on
the bait receiver.
The staff noted that there would be no generator,
or lights operating, other than lights required by
the Harbor Department, or Coast Guard for naviga-
tional purposes.
Hearing no others wishing to address the Council,
the public hearing.was closed.
The application was approved, subject to the five
conditions suggested by the Tidelands Affairs Com-
mittee in their memorandum of May 6, 1981.
Council Member Strauss stated that he would have
liked to have had some response from the residents
on the Peninsula, prior to making the final deter-
mination on the site.
2. Mayor Heather opened the continued public hearing
and City Council review on the APPEAL OF RICHARD K,
NATLAND from the decision of the Planning Commis-
sion on March 5, 1981, denying Use Permit No. 1976,
a request to establish a private off - street commer-
cial parking lot in the R -2 District, to be locatei
at 410 Jasmine Avenue, on the easterly side of
Jasmine Avenue between Coast Highway and Bayside
Drive in Corona del Mar. A modification to the
Zoning Code is also requested, inasmuch as a
landscape planter encroaches to the rear property
line where the Ordinances do not permit any
obstruction within five feet of the rear property
line adjacent to a fourteen foot wide alley.
A report was presented from the City Attorney.
A report dated April 13, 1981, was presented from
the Planning Department.
A copy of the Applicant's appeal, was presented.
Letters were presented in favor of the proposed
parking lot from Harbor Photo, Walter C. Boice,
Management Compensation Group, and Business Proper.
ty Association.
Petition and letter in opposition to the proposed
parking lot from adjacent residents, were pre-
sented.
0 11111 111 Volume 35 - Page 120
DP/1976
(88)
0
Motion x
Ayes x x x x x
Noes x x
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CITY OF NEWPORT BEACH
MINUTES
The City Clerk advised that after the printing of
the agenda, a letter was received from Newport
Floor Covering in favor of the proposed parking
lot.
Richard K. Natland, Architect for the Appellant,
displayed two renderings depicting the existing
and proposed parking lot. He stated he felt the
parking lot was not only badly needed, but would
enhance the area and be an asset to the community.
Jeff Schulein, Appellant and owner of Crown Hard -
ware, Corona del Mar, addressed the Council in
support of his appeal. He stated that the new
parking lot would not be visible to any iesidenti,
lots in the area because of a landscaped planter,
and that there would be no additional lighting.
Mr. Schulein submitted a petition with approximat
ly 350 signatures from customers, in favor of the
proposed parking lot.
Mr. Schulein stated that it is very difficult to
maneuver a vehicle in the existing parking lot,
partially to the location of a utility pole. If
the new parking lot were approved, the utility
pole would not be that much of a problem.
The following people addressed the Council in
opposition to the proposed parking lot:
David Marrero, 408 Jasmine Avenue; Joan
Barry, owner of property adjacent to Crown
Hardware, 985 Mira Mar, Laguna Beach; George
Driscoll, 404 Jasmine Avenue; and Glen Hughee
400 Jasmine Avenue.
The following people addressed the Council in
of the proposed parking lot:
LaVena Hayton, Chairman of the Merchants
Committee, Corona del Mar Chamber of Commerce
John McNeilly, owner of the Toy Store, adja-
cent to Crown Hardware; and Arne Catlin,
Manager of Crown Hardware.
Hearing no others wishing to address the Council,
the public hearing was closed.
Reference was made to the utility pole located in
the existing parking lot, and the Appellant was
asked if he would be willing to pay for its reloca
tion if necessary. Mr. Schulein responded that it
would depend on the cost, but felt the utility pal
would not be a problem if the new lot were con-
structed.
The decision of the Planning Commission was over-
ruled and the parking lot was approved as proposed
subject to the conditions and findings set forth
in Exhibit "A."
Volume 35 - Page 121
CITY OF NEWPORT REACH
COUNCIL MEMBERS
0
Motion
All Ayes
•
1981
MINUTES
3. Mayor Heather opened the public hearing on the
RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY FOR
AUTOMOBILE PARKING AND RELATED USES, AND THE
TEMPORARY CONSTRUCTION OF AN EASEMENT - MARINERS
MILE.
A report from the City Manager was presented.
Hearing no one desiring to address the Council,
public hearing was closed.
Resolution No. L0030 was adopted, declaring the
necessity of condemnation, requiring the taking of
the fee interest in the property hereinafter de-
scribed to provide access to City -owned property
and a temporary construction easement, as author-
ized pursuant to the Charter of the City of Newport
Beach and Section 37350.5 of the California Govern-
ment Code, finding that the public interest and
necessity require the project, that the project is
planned and located in the manner that will be moss
compatible with the greatest public good and the
least private injury, that the property described
in the resolution is necessary for the proposed
project, and authorizing the City Attorney to
institute condemnation proceedings, and further
that said resolution include the following pro-
visions:
1) The City to pay for the fee title prop-
erty in the amount of $15,031;
2) The City pay an additional $977 for the
use of a temporary construction easement
for a six -month period; and
3) The City will grant a sewer easement to
Mrs. User permitting her to develop Lot
39 and provide sewer access from Tustin
Avenue.
JR -10030
4. Mayor Heather opened the public hearing regarding I G/P Amnd
GENERAL PLAN AMENDMENT 81 -1 (H), proposed revision4 81 -1
to the Housing Element of the City of Newport (45)
Beach General Plan, initiated by the City of
Newport Beach.
A report from the Planning Department, was pre-
sented.
The Draft Housing Element prepared by Connerly &
Associates, inc., dated April 15, 1981, was
presented.
Ward Connerly, Consultant, addressed the Council
and gave an overview of the Draft Housing Ele-
ment's objectives and programs. He stated that
40 11111 111 Volume 35 - Page 122
CITY OF NEWPORT REACH
C UNCIL ME B RS MINUTES
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ROLL CALL J'J+ 9 May 11, 1981 INDEX
the draft document refers to a need for low and
moderate income housing. It also reflects that
the community is meeting that need with the exist-
ing supply. He emphasized the policies as set
forth in the document and stated that he felt it
was responsive to AB 2853, and that adoption of
the element would serve the community well in the
future. He further emphasized that the document
was not to be considered as a low cost housing
document.
Mr. Connerly made reference to the Community
Development Block Grant Program, the increase in
housing costs, as well as rental units, condomin-
ium conversions, adjustable rate loans, etc. He
recommended that the Council take a look at the
Community Development Block Grant Program. He
stated that it is a reasonable program in the
sense that there are not a lot of Federal restric-
tions imposed upon the City, and the City can use
the program as it sees fit. He urged the Council
to examine the program as a means of working with
developers to provide housing for low and moderate
income people. He stressed that the programs
would not be benefitting just low income people,
but are designed primarily for moderate income
people.
Reference was made to a letter dated April 30,
1981 from Ward Connerly to the Planning Commission,
which focused on each of the programs proposed in
Part IV of the Draft Housing Element.
•
It was pointed out by the staff that a draft Envi-
ronmental Impact Report was being prepared and
will be available prior to the Planning Commission'
final action on the proposed amendment in September
Mr. Connerly recommended the following changes to
the Draft Housing Element, which were considered
by the Planning Commission at their meeting of May
7:
Page IV -13 -2(a) (first line) - The City will
investigate the issuance of tax. . .
Page IV -13 - 2(b) (first line) - The City
will consider its renewed participation in
the Community . . . . . . . . . . . . . . . .
Page IV -13 - 2(c) (new paragraph to read)
The Planning Department shall explore the
feasibility of incentives to spur the construc
tion of rental units. (Subparagraph 2(c) was
deleted and replaced with the foregoing).
Page IV -14 - 2(f) (first line) One possible
use of Community Development Block Grant
funds shall be the establishment of a Housing
Opportunity . . . . . . . . . . . . . . . .
•
Volume 35 - Page 123
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MINUTES
11, 1981
Elizabeth Mead, 851 Domingo Avenue, Apartment 27,
Newport Beach, addressed the Council stating that
she was being evicted from her apartment because
she was not "poor enough." She has been diligently
looking for other housing in the past months and
has been unable to find a home she can afford. She
cited the various housing developments she had con-
tacted in the different surrounding cities. She
stated that she was a school teacher with a reason-
able salary, but still cannot afford.to purchase a
home because of the high cost.
Ms. Mead read a letter that she and 17 other tenant;
had signed and sent to the J. M. Peters Corporation,
Orange County Community Housing Corporation, Orange
County Housing Authority, and the Legal Aid Society,
relative to their being evicted. She pointed out
that four apartments already are being occupied by
HUD housing candidates.
In conclusion, Ms. Mead urged the Council to take
whatever steps are necessary to provide housing for
people in her income bracket.
Alan Beek, Planning Commissioner, addressed the
Council advising that he had submitted a 5 -page
document with nine proposed amendments to the
Housing Element to the Planning Commission. He
suggested that the document be submitted to the
State for comment along with the Draft Housing
Element.
Sid Soffer, 900 Arbor, Costa Mesa, owner of prop-
erty in Newport Beach, addressed the Council
indicating he felt the State should provide low and
moderate income housing, and that the City should
not get involved in such a program.
Juliann Schmidt, 300 E. Coast Highway, Mobile Home
Park, addressed the Council inquiring when consider•
ation would be given to Mobile Home Park regulations
and uses.
The City Manger noted that the Local Coastal Plan
contained some specific language relative to main-
taining mobile home estates within the City. In
addition, the Draft Housing Element makes referenc
to mobile home parks on Page IV -14, which reads:
"The City shall seek to maintain rental .
opportunities in projects of five or more
units in mobile home parks, unless the vacancy
rate in Newport Beach for rental housing and
mobile home parks, whichever is applicable, is
5% or higher for four consecutive quarters.
All other provisions of City regulations gov-
erning the.conversion of residential projects
shall continue in effect."
Volume 35 - Page 124
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Motion
All Ayes
•
Notion
All Ayes
•
ix
x
•, _
MINUTES
May 11, 1981
Bobby Lovell, Vice President of SPON, addressed the
Council advising that because of other involvements
their organization has not had adequate time to
review the Draft Housing Element for input. She
indicated it would be beneficial to educate the
community as to its contents and purpose.
Dave Dmohowski of The Irvine Company, addressed the
Council and commended the consultant and staff for
their work on the Draft Housing Element. He stated
they believe that many of the goals and programs
set forth in the document represent a reasonable
and achievable approach to providing some new.hous-
ing in the City in a range of prices. He offered
to cooperate in the implementation process.
Paul Franklin, 633 Rockford Avenue, Corona del Mar,
President of the.Newport Harbor -Costa Mesa Board of
Realtors, stated that their Board has reviewed the
Draft Housing Element, and do support it in Concept
They are concerned with affordable housing and will
work with the City in whatever way possible in this
regard.
Hearing no others desiring to be heard, the public
hearing was closed.
Resolution No. 10031 was adopted,. approving in con- R -10031
cept an Amendment to the General Plan of the City
of Newport Beach regarding the adoption of a
revised Housing Element and authorizing the submis-
sion to the State Department of Housing and Commu-
nity Development for required review, together with
the changes as suggested by consultant Ward
Connerly in the foregoing.
Council Member Strauss requested the minutes re-
flect that approval of the Draft Housing Element is
in concept only, and does not necessarily endorse
some of the elements contained in the document.
City Attorney Coffin requested that, as part of th
transmittal documentation to the State, the City
point out its position relative to the Olive /Davis
lawsuit.
There were no objections.
5. Mayor Heather opened the public hearing on the WEED Weed Abatm/
ABATEMENT PROGRAM. JProgram
(41)
A report from the Fire Department dated April 27,
1981, was presented
Rearing no one desiring to address the Council,
public hearing was closed.
Resolution No. 10032 was adopted, ordering the Fir R -10032
Chief to abate weeds and other public nuisances
existing upon streets, alleys, sidewalks, parkways
and private property within the City.
Volume 35 - Page 125
E
Notion
All Ayes
on
A Ayes
x
MINUTES
may 11, 1981
E. PUBLIC COMMENTS:
1. Stewart Williams, 1748 Bayport Way, addressed the
Council with respect to a tree problem, to which
the staff was directed to investigate, and report
back.
2. Dan Gilliland, 1134 E. Balboa Boulevard, addressed
the Council regarding their action taken earlier in
the meeting relative to the bait receiver.
Mr. Gilliland advised that he had not been notified
of the public hearing, nor the change in location
of the bait receiver.
The staff pointed out that legal notification was
not required for continued public hearings, but
that the public hearing held April 27 had been
published and posted as required by law.
The APPLICATION OF ARTHUR BELLO FOR A LIVE BAIT
RECEIVER will be reconsidered at a public hearing
to be held Tuesday, May 26, 1981. In addition to
legal publication and posting, the staff was
directed to notify the appropriate homeowner
associations in the area to be affected.
Mary Gilliland, 1134 E. Balboa Boulevard, addressed
the Council in opposition to the proposed location
of the live bait receiver.
F. CONSENT CALENDAR:
The following actions were taken as indicated
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 10033 accepting a grant deed
from the John J. Jakosky Trust for a 15 ft.
wide strip of land 242.90 ft. long to be used
as a part of the access road to the Mariners
Mile parking lot. (A report from the Public
Works Department)
(b) Resolution No. 10034 awarding a contract (No.
2239) to Sully - Miller Contracting Company in
connection with Garnet Avenue Street Improve-
ment Reconstruction. (A report from the
Public Works Department)
(c) Resolution No. 10035 awarding a contract (No.
2226) to All- American Asphalt in connection
with the resurfacing of Jamboree Road and .
Bayside Drive project. (A report from the
Public Works Department)
• 11 I I I I I I Volume 35 - Page 126
PB &R
(62)
Bait Receiver
(51)
Mariners
Mile /Pkg
R -10033
(73)
Sully - Miller
R -10034
(C -2239)
(38)
Amer /Asphlt
R- 10035
(C -2226)
(38)
CITY OF NEWPORT BEACH
C UtVCIL ME RS MINUTES
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ROLL CALL n� �D May 11. 1981 Caen car
(d) Resolution No. 10036 awarding a contract (No.
Nobest, Inc.
2211) to Nobest, Incorporated, in connection
R -10036
with the paving of San Joaquin Hills Road and
(C -2211)
San Miguel Drive Traffic median landscape
(38)
development. (A report from the Public Works
•
Department)
(e) Resolution No. 10037 authorizing International
Intnl Bay
Bay Clubs, Inc., to sublet certain portions of
Clubs, Inc.
the Balboa Bay Club premises consistent with
(Balboa Bay
the rate of rental payments established by
Club)C -519
Resolution No. 9437 (Three -Chair Barber Shop).
R -10037
(A report from the City Manager)
(f) Resolution No. 10038 setting a public hearing
Teleprompter
to consider incorporation of the recently
Franchise/
annexed County Triangle area into the Tele-
County Trngl
prompter Franchise area. (A report from the
R -10038
City Manager)
(g) Removed from the Consent Calendar.
(h) Resolution No. 10039 amending the compensation
Comp /Plan
plan and table of authorization to increase
Chf Bldg
the salary range of the Chief Building Inspec-
Inspector
tor. (A report from the Personnel Director)
R- 10039(66)
3. COMMUNICATIONS - For referral as indicated:
(a) To the Pending Legislation and Procedural
Long Beach
Ethics Committee, a resolution from the City
Resolution
of Long Beach expressing its support of effort
(48)
•
by the Federal Administration to return powers
to local entities and urging a careful imple-
mentation of those efforts in ways that will
enhance, not further impede, home rule.
(b) To the Pending Legislation and Procedural
Huntington
Ethics Committee, a resolution from the City
Bch /Res
of Huntington Beach stating public support for
(48)
the police department and endorsing certain
programs of the police officers.
(c) To staff for reply, a letter from the Toy
Toy Shop
Shop, Corona del Mar, requesting consideration
Off -St Pkg
be given to an off- street parking lot behind
(63)
subject business.
4. COMMUNICATIONS - For referral to the City Clerk
for inclusion in the records:
(a) Letters opposing expansion of John Wayne Air-
port from Vera Dorsey and Alta Property
Management.
(b) Friends of Oasis - Minutes of Board Meeting of
March 16, 1981.
(c) Public Utilities Commission - Application of
Sunset Bus Lines for authority to operate as
a passenger state corporation in a home-to-
work service between points in Orange County
and the Garrett Air Research Facility in
Torrance.
Volume 35 - Paee 127
CITY OF NEWPORT BEACH
C UN ME B RS MINUTES
3� 9�
ROLL CALF` S m., 11 1QR1 n.nr�
(d) Local Agency Formation Commission - Minutes of
April 8, 1981.
(e) League of California Cities - Calendar of
•
Events.
(f) Board of Supervisors - Agenda for May 5, 1981.
5. CLAIMS FOR DAMAGES - For denial and confirmation of
(36)
the City Clerk's referral to claims adjuster:
(a) Claim of Donald Clifford Lightner for personal
Lightner
injuries allegedly due to inadequate mainte-
nance of Jamboree Road at intersection of Bay -
side Drive on February 13, 1981.
(b) Claim of Bailey Brooks Bernard for damage to
Bernard
vehicle as a result of work being done at
Corona del Mar State Beach parking lot on
March 27, 1981.
(c) Claim of Kenneth R. Staggs for damage to
Staggs
vehicle involved in accident due to alleged
excess water on street from Utilities Depart-
ment on April 2, 1981.
(d) Claim of Orange County Transit District for
O/C Transit
damage to vehicle as a result of accident with
District
City vehicle on January 19, 1981 at Coast
Highway and Heliotrope.
(e) Claim of Robert H. Ryan for personal injuries
Ryan
as a result of a fall due to alleged debris
•
and rocks surrounding Newport Theatre Arts
Center building on April 23, 1981.
(f) Application for Leave to Present Late Claim
Frady, III
of William E. Frady, III, for personal
injuries as a result of bicycle fall due to
alleged improperly maintained roadway at inter
section of Irvine and Bristol on May 1, 1980.
6. SUMMONS AND COMPLAINTS - For confirmation of the
(36)
City Clerk's referral to claims adjuster:
(a) Summons and Complaint of Neil A. Clarke for
Clarke
personal injuries, Case No. 31 -68 -34 in Orange
County Superior Court. Original claim filed
with City in October, 1978.
(b) Summons and Complaint of John W. Taylor, peti-
Taylor
tioning for order relieving petitioner from
provisions of Government Code Section 945.4,
Orange County Superior Court, Case No. 35 -46-
23. Application for Late Claim was filed with
City in November, 1980.
Volume 35 - Page 128
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CITY OF NEWPORT BEACH
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ROI_I CAIJ t.n 'D MAU 11 1991 �aerew
7. REQUEST TO FILL PERSONNEL VACANCIES - For approval:
(66)
(A report from the City Manager)
(a) Two Groundsman- Gardner I, Park Division to
•
fill a vacant position.
(b) Two Tree Trimmer I, Park Division, to fill a
vacant position.
8. STAFF AND COMMISSION REPORTS - For information and
approval:
(a) Report from the Police Department pertaining
Police Dept/
to the MULTIPLE BUDGET SYSTEM.
Multiple Budg
(70)
(b) Removed from the Consent Calendar.
9. PUBLIC HEARING SCHEDULING:
None.
10. ACCEPTANCE OF SAN JOAQUIN HILLS ROAD RESURFACING
SJH Rd/
(C -2196) - Authorize acceptance of the work, and
Resurfcg
authorize the City Clerk to file a Notice of
C -2196
Completion and release the bonds 35 days after
(38)
Notice of Completion has been filed. (A report
from the Public Works Department)
11. ACCEPTANCE OF CORONA DEL MAR MAIN BEACH PARKING LOT
CdM /Pkg Lot
RESURFACING (C -2224) - Authorize acceptance of the
Resurfcg
work, and authorize the City Clerk to file a Notice
C -2224
of Completion and release the bonds 35 days after
(38)
•
Notice of Completion has been filed. (A report
from the Public Works Department)
12. CONSTRUCTION OF PUMPER TEST PIT AT NEWPORT CENTER
Npt Ctr/
FIRE STATION (C -2069) - Approve the plans and
Fire Sta
specifications and authorize the City Clerk to
C -2069
advertise for bids to be opened at 3:00 p.m., June
(38)
10, 1981. (A report from the Public Works Depart-
ment)
13. ACCEPTANCE OF CLIFF HAVEN SANITARY SEWER AND WATER
Clf Haven/
MAIN, PHASE I (C -2139) - Authorize acceptance of
Sanitary Swr
the work, and authorize the City Clerk to.file a
Phase I
Notice of Completion and release the bonds 35 days
C -2139
after Notice of .Completion has been filed. (A
(38)
report from the Public Works Department)
14. DOVER DRIVE RECONSTRUCTION AND RESURFACING FROM
Dover Dr/
CLIFF DRIVE TO IRVINE AVENUE (C -2232) - Approve the
Resurfcg .
plans and specifications and authorize the City
C -2232
Clerk to advertise for bids to be opened at 11:00
(38)
a.m., May 28, 1981. (A report from the Public
Works Department)
15. ACCEPTANCE OF VIA LIDO SOUD SEWER MAIN IMPROVEMENT,
VLido Soud/
PHASE I (C- 2188) - Authorize acceptance of the
Swr Main
work, and authorize the City Clerk to file a Notice
Phase I
of Completion and release the bonds 35 days after
C -2188
Notice of Completion has been filed. (A report
(38)
•
from the Public Works Department)
Volume 35 - Page 129
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Motion
All Ayes
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Motion
Motion
All Ayes
0
Motion
All Ayes
MINUTES
!fay 11, 1981
16. APPROVAL OF APPLICATIONS FOR MAINTENANCE DREDGING -
(A report from the Marine Department)
175 -800 Crawford Westering - 800 Via Lido Nord
125 -544 James Murray - 544 Via Lido Nord
17. BUDGET AMENDMENTS - For approval:
BA -071, $1,500.00 increase and transfer in Budget
Appropriations for restroom repair at Oasis facil-
ity; Park and Recreation Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. The report from the Board of Library Trustees per-
taining to Bylaws Amendment, was presented by the
City Manager, who recommended two changes as
follows:
Section 1. The regular meetings shall be held
on the third Tuesday of each month commencing
at 8:00 a.m. , . . . . . . . . .
Section 4. Study Sessions shall be held the
week before the regular Board meeting on the
second Monday of each month commencing at
7:30 p.m., . . . . . . . . .
The Bylaws were approved as amended, and referred
back to the Board of Library Trustees for their
concurrence.
2. Sid Soifer, 900 Arbor, Costa Mesa, addressed the
Council with respect to proposed Resolution urging
Congress to Amend Title 42, United 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. He
felt that Council should give serious consideration
to this item prior to adopting the resolution.
Council Member Cox made a motion to adopt the sub-
ject resolution.
Council Member Strauss made a motion to defer this
item to the May 26, 1981 Council meeting, with the
request that the resolution be included with the
agenda packets.
In view of the foregoing motion, Council Member
Cox withdrew his motion, and the motion on the floor
carried.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEES
FOR A ONE -YEAR TERM EXPIRING DECEMBER 31, 1981:
Bicycle Trails Citizens Advisory Committee
(District 4) Mayor Heather's reappointment of
Nan Greer, was confirmed.
Volume 35 - Page 130
1(51)
x(25)
Library Ed
Bylaws
(24)
Legislation
(48)
CAC
(24)
CITY OF NEWPORT BEACH
C UNCIL PEE B RS MINUTES .
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ROLL CALL` SiP Ma 11 1981 IN ®E)(
2. A report from the Budget Committee regarding the 1%
PR &R /Arta
OF PUBLIC CONSTRUCTION FUNDS FOR THE ARTS/
Commission
CAMBRIDGE PLAN, was presented.
(62)
Beryl Melinkoff, Chairman of the Arts Commission,
•
addressed the Council advising that she had
reviewed the subject report. She inquired regard-
ing matching funds, to which Council Member Cox
responded.
Mrs. Melinkoff asked the Council for their
guidance and direction, in order for the Commis -I
sion and Council to work towards creating more
cultural activities.
Patti -Gene Sampson, President of the Friends of
Newport Beach Theatre Arts Center, addressed the
Council and stated she was delighted with the
support from the Budget Committee and appreciative
of the consideration given.
Motion
x
The Budget Committee's recommended policy was
All Ayes
adopted, which would recognize the importance of
culture and arts, and establish a fund for this
purpose.
3. A report from the Planning Department containing
LCP /LUP
SUPPLEMENTAL INFORMATION TO BE SUBMITTED TO THE
(67)
STATE COASTAL COMMISSION WITH THE LOCAL COASTAL
PROGRAM LAND USE PLAN AND DEVELOPMENT POLICIES
AND THE PHASE III WORK PROGRAM, was presented.
.
Bob Lenard, Advance Planning Administrator, answer-
ed questions of Council Member Plummer relative to
beach parking, as referred to on Page 3 of the
staff report.
Motion
x
The Supplemental information to be included with
All Ayes
the submittal for State Coastal Commission review,
was approved.
4. A report from the Public Works Department regarding
Dalton
the APPLICATION OF CORAH DALTON TO ENLARGE CURB CUI
Curb Cut
AT 307 ABALONE AVENUE, LITTLE BALBOA ISLAND, was
(80)
presented.
Jay Crawford, Architect for the Applicant, address-
ed the Council and gave a brief summary of the
purpose of the request.
Bill Allen, President, Little Balboa Island
Improvement Association, addressed the Council
and recommended the subject application be disal-
lowed. He indicated he felt that the Applicant
should be required to enter the garage off the
alley way. He also expressed his concerns about
the carport, which he felt could possibly be
converted into a bedroom.
Motion
x
Council Member Maurer stated that it had been the
Ayes
x
x
x
x
policy to deny a curb cut if a homeowners asso-
Nje
x
x
x
ciation has recommended against that curb cut, as
they have done in the past, and therefore, moved
to deny the application of Corah Dalton.
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CITY OF NEWPORT BEACH
C UNCIL DAE{bl® RS MINUTES
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ROLL CALL n9 D Mav 11. 1981
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u®vcn
5. A report from the Beacon Bay Lease Committee
Beacon Bay
concerning the BEACON BAY LEASES, was presented by
Leases
the City Manager.
C -505
(38)
Motion
x
The following actions were enacted with one motion:
Ayes
Resolution No. 10040 was adopted approving
R -10040
an Agreement to Lease and Lease of Beacon Bay
Residential Lots, and Agreement to Lease and
Lease of Beacon Bay Common Areas consistent
with Chapter 74, Statutes of 1978.
Resolution No. 10041 was adopted placing a
R -10041
trust restriction upon the City -owned parcel
adjacent to Irvine Avenue and Monte Vista.
Said trust provision permitting the site to be
used as passive recreation, an ecological unit
for scientific study, open space, enhancement
of the adjacent Department of Fish and Game
Wildlife Preserve, and a vista for public .
enjoyment of the Upper Newport Bay.
Staff was directed to transmit all documents
to the State Lands Commission for their review
and approval.
Staff was directed to submit individual leases
to current lessees of Beacon Bay with the
effective date being established as July 1,
1981.
J. CURRENT BUSINESS:
1. APPLICATION OF GREGORY B. TBAGARD to construct a
Thagard
23 -foot wide curb on Crystal Avenue, construct a
Enchmt
12 -inch high planter encroaching 24 inches into
(65)
the public right -of -way on Balboa Avenue and a
3 -foot high fence encroaching 5 feet into the
public right -of -way on east Bay Front, all for
property located at 235 east Bay Front, Little
Balboa Island, was presented.
A report from the Public Works Department, was
presented.
Gregory Thagard, Applicant, addressed the Council
in support of his request.
It was noted that the Little Balboa Island Associa-
tion had recommended approval of the subject
application.
Motion
x
The application for a curb cut on Crystal Avenue,
All Ayes
was approved.
Motion
x
The application to encroach into the public right -
Ayes
x
x
x
x
x
x
of -way on Balboa Avenue, was approved.
Noes
x
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C Uft1CIL RAE B RS MINUTES
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ROLL CALLS Sr May 11, 1981 �� ®��
Motion
x
The application to encroach into the public right -
Ayes
x
x
x
x
x
x
of -way on east Bay Front, was approved.
Noes
x
K. ADDITIONAL BUSINESS:
None.
The meeting was adjourned at 12:08 a.m.
ayor
ATTEST:
City Clerk
Volume 35 - Page 133