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HomeMy WebLinkAbout10/14/1991 - Regular MeetingPresent x Absent • Motion Ayes x Abstained Motion All Ayes • Motion All Ayes I CITY OF NEWPORT BEACH Xi x l x l Xi x l xi x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: October 14, 1991 INDEX A. x x x Members Cox and Plummer were excused x from this meeting, as they are x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: October 14, 1991 INDEX A. ROLL CALL. (Mayor Sansone announced that Council Members Cox and Plummer were excused from this meeting, as they are representing the City at the Annual League of California Cities Conference in San Francisco. B. Reading of Minutes of Meeting of September 23, 1991, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by tittles only. D. HEARINGS: None. E. PUBLIC COMMENTS: Elizabeth Stahr, 4639 Roxbury Road, Co- Chairman of the Newport Beach Public Library Foundation, addressed the Council and reported that the Foundation has reached the million dollar mark as of last Thursday; however, they still have another $500,000 to raise, which they hope to do prior to the end of the year. To date, they have 365 donations, which is a small percentage compared to the number of persons residing in the City. They are looking for large and small gifts in order to reach their goal. F. CONSENT CALENDAR: The following actions were taken, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -98 establishing PD /Aband service authority for ABANDONED Veh Abtm VEHICLE ABATEMENT. [Memorandum Res 91 -98 from the City Manager) (70) (b) Resolution No. 91 -99 establishing Personnel the salaries of REGULAR PART TIME Re Pt /Tm CLASSES for the 1991 -1992 Fiscal Year, amending the Classification Res 91 -99 Compensation Plan to reflect these (66) changes, and rescinding Resolution No. 90 -67. [Report from the Personnel Director] (c) Resolution No. 91 -100 establishing Parking/ a TOW -AWAY NO PARKING ZONE on the Tow -Awy northerly side of BAY AVENUE, Zone BETWEEN PALM AND ADAMS STREETS, ON FRIDAYS AND SATURDAYS BETWEEN THE Res 91 -100 HOURS OF 6:00 P.M. AND MIDNIGHT. (85) 1 [Report from Public Works Department /Traffic Engineering] Volume 45 - Page 293 COWCIL MEIN 0 CITY OF NE'WRT BEACH October 14, 1991 3 4 MINffES (d) Resolution No. 91 -101 establishing Parking/ TWO -HOUR PARKING LIMITS on 2 -Hr Lmt portions of CERTAIN STREETS Res 91 -101 THROUGHOUT THE CITY. [Report from (85) Public Works Department/Traffic Engineering] (e) Removed from the Consent Calendar (refer to agenda item 0.4 for City Council action). CONTRACTS /AGREEMENTS: (a) Award CONTRACT N0, 2687 FOR ROCKY POINT RETAINING WALL to Southern California Builders for a total bid price of $475,000; and authorize the Mayor and City Clerk to execute subject contract. [Report from the Public Works Department] COMMUNICATIONS - For referral as indicated: (a) To Ocean Front Walk City Council Ad Hoc Committee for inclusion in the records, letter from Kevin J. and Mary Gail Hentzen, James H. De Meules, Debbie Irish and Thomas L. Testa, and telephone responses from Joan De Lozier, Louise Pittman, Debbie Irish, Sandra Skahen, Robert Barton, Jacqueline Phillips, Bob Tiernan, Nancy Mitchell, David Crabaugh, and Susan Pierce regarding proposed banning of bicyclers, skateboarders, and rollerbladers from the OCEAN FRONT WALK. Note: After the agenda was printed, telephone messages were received from Andy Templeton and James Manton; and letters from Thomas K. Callister, D. Gimpel, Debra Marshall, and William F. House to keep subject walk open to bicyclists and rollerbladers. (b) To Public Works Department for response, letter from Tom and Lynne O'Brien against including public restrooms in the design for the BALBOA ISLAND FIRE STATION. (c) Removed from the Consent Calendar (refer to agenda item G.5 for City Council action). (38) (24) (d) To General Services Department for GS reply, letter from Lorraine Hirz, (44) Delray Beach, Florida, expressing concern over the condition of the PUBLIC TOILETS AT THE CATALINA BOARDING PIER. (e) To Traffic Affairs Committee for reply, letter from Mr. and Mrs. Douglas Edlund concerning the alleged dangerous INTERSECTION AT PORT DUNBAR AND SPYGLASS HILLS ROAD. Volume 45 - Page 294 Pt. Wall 85) Frnt Cty Ad Hoc • • • 0 CITY OF NEWPORT BEACH October 14, 1991 (f) Removed from the Consent Calendar (refer to agenda item G.3 for City Council action). (g) To Deputy City Manager for reply, letter from Deborah Sperber& concerning COMCAST CABLE SERVICE. (h) To City Manager for the preparation of an acceptance letter, communication from Mike Soucek, Member, Environmental Quality Affairs, Citizens Advisory Committee regarding the SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT meeting addressing health risk or hazards to Newport Beach citizens from commercial aircraft emissions. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Automobile Club of Southern California for Susan Dotan, for property damage to claimant's vehicle as a result of City truck allegedly swerving into claimant's lane of traffic while turning left onto Jamboree at Ford on August 27, 1991. (b) Balboa Bay Club for damages arising allegedly out of the City's failure to cooperate with the Balboa Bay Club in the processing of a plan of redevelopment for the premises that are the subject of a certain lease dated May 13, 1986 between the City and the Balboa Bay Club. (c) Fotin.i Bonorris alleging City truck: hit parked vehicle on 15th Street on September 6, 1991, and caused damage to rear bumper. (d) Doreen A. and Paul J. Burchett for damages, alleging out -of- pocket expenses for architect, surveyor, fees etc., as a result of City Council denying variance to retain driveway at 410 Acacia Street on September 23, 1991. (e) Maria del Carmen Diaz for property damage to passenger side of her vehicle on September 25, 1991, alleging that Fire Engine making a left turn from Newport Boulevard to Hospital Road hit her vehicle while. stopped. (f) Pierre Fortin alleging damage to vehicle as a result of being hit by garbage lid on Jamboree Road on May 29, 1991. Volume 45 - Page 295 MINUTES INDEX CATV (42) Planning (68) (36) o Club CA /Dotan Bay COUNCIL MFG •iii "I • • is CITY OF NEWPORT BEACH MINUTES October 14, 1991 (g) Sunny Kang alleging damage to Kang motorcycle as a result of accident at Pacific Coast Highway and Grant Street on September 12, 1991, (h) Adria.na Silva Nicastro alleging Nicastro damage to her car by on -duty Police emergency vehicle hitting claimant's car on the rear end at Pacific Coast Highway and 579 W. Promontory Drive on August 31, 1991. (i) William J. Paden alleging loss of use of property and access to driveway and garage, etc., claiming legal fees, costs and expenses incurred to partially remove painted parking spaces at 424 32nd Street. (j) Gary E. Sharafian alleging Sharafian property damage to vehicle as a result of being hit by City Lifeguard Jeep on City Beach parking lot on July 25, 1991. (k) Valerie Tayler alleging damage to Tayler vehicle as a result of being rear - ended by City Employee on Santisggo and ]Irvine Avenues on April 1, 1991. (1) Darlene M. Wilkoski alleging loss Wilkoski of use of property and access to driveway and garage, etc., at 424 32nd Street [refer to agenda item F- 6(i)]. (m) James E. Wilkoski alleging loss of ilkoski use of property and access to driveway and garage, etc., at 424 32nd Street [refer to agenda item F- 6(i)]. (n) Application for Leave to Present U. S. Post - Late Claim U.S. Postal Service for al Serv/ Robert: Campbell alleging damages 'result Campbell to vehicle as a of being rear -ended by City truck at Jamboree Road and Michelson Street on November 23, 1990. For rejection: (o) Insufficient Claim of Steve P. Rados, Inc. Rados, Inc., for Indemnification and Declaratory Relief based on claim filed by Julia A. Thompson and Everett L. Thompson for personal injuries sustained on or about April 3, 1990, complaint filed on September 24, 1990 in Orange County Superior Court, Case No. 634396. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Christine Terra for personal Terra injuries, etc., Orange County Municipal Court, Case No. 9165519. Claim was denied by City Council on April 8, 1991. Volume 45 - Page 296 • • 0 CITY OF NEWPORT BEACH October 14, 1991 81 REQUEST 7'0 APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Two (2) Community Services Officers, Police Department. (b) One Refuse Inspector/Recycling Coordinator, Refuse Division. (c) One Police Dispatcher, Police Department. (d) One Police Officer, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council. information and approval: (a) Memorandum from the Public Works Department advising that on September 30, 1991, the U.S. Corps of Engineers accepted the City's counter -offer to sell to the Federal Government the 7.28 acre "CITY'. -OWNED OLD TREATMENT PLANT SITE" for $1,100,000. (b) Report from Revenue Manager, recommending approval of request of the UNITED WAY OF ORANGE COUNTY to install temporary flags along Newport Center Drive through October 31, 1991. (c) Report from the City Manager concerning APPRAISAL OF UPPER CASTAWAYS AND NEWPORTER NORTH (refer to agenda item F- 15(c) /Budget Amendment 032). (d) Report from Public Works Department recommending approval of MCFADDEN PLAZA AND PIER USE, COUNCIL POLICY L -15. 10. PUBLIC HEAPING SCHEDULING: None. 11. PENINSULA POINT STORM DRAINS AND 19TH STREET STORM DRAIN AND STREET REHABILITATION (CONTRACT NO. 2800) - Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Department] 12. MONUMENT SIGN ON THE SOUTHEASTERLY CORNER OF SPYGLASS HILLS ROAD AND SAN JOAQUIN HILLS ROAD - Approve an Encroachment Agreement for the construction of a monument sign and planter on the southeasterly corner of Spyglass Hill Road and San Joaquin Hills Road with the Spyglass Ridge Community Association; and authorize the Mayor and City Clerk to execute said agreement and record. [Report from the Public Works Department] Volume 45 - Page 297 MINUTES (66) SAna River Mainstem F1 Cntr/ Prop Acq (73) Organiztn United Way (61) Upr Casta- ways/Nptr No. Aprasl C- 2883(38) McFdn Plza/ Pier Use Policy L -15 Pnsla Pt/ 19th St Strm Drn/ (38) Permit /En- crchm Spygls /SJ Hls Rds (65) CITY OF NEVORT BEACH COLKIL MEMBERS MINUTES V���'\ October 14, 1991 ROLL CFLL I' 13. SPECIAL EVENTS APPLICATIONS - Uphold Special staff's recommendation to approve the Evnts Per - following applications, subject to wits conditions listed in the staff report. (Report from Revenue Manager) (27) • (a) Application No. 91 -027 - Juvenile 91 -027 Diabetes /A. Thomas, use of amplified sound for 15K fund raising walk, Corona del Mar Main Beach through Corona del Mar, Sunday, October 21, 1991, 8:00 - 11:01) a.m. (b) Application 91 -273 - American 91 -273 Heart Association /Times, Orange County, temporary road closure for 25K 'bike ride, Back Bay Road to San Diego Creek Trail, October 26, 1991, 7:00 - 10:00 a.m. (c) Application No. 91 -367 - Boy 1 -367 Scouts of America /R. Wenz, use of public beach Surf Contests, 55th Street Beach, December 14 & 21, 1991, 7:00 a.m. - 12:00 p.m. (d) Removed from the Consent Calendar (refer to agenda item G.1 for City Council action). (e) Application No. 91 -377 - Corona 1 -377 del Her High School /A. Waterman, Pyrotechnic Show, Homecoming Half Time Fireworks Show, Davidson Field Harbor High School, October • 18, 1.991, 7:30 - 8:30 p.m. 14. Removed from the Consent Calendar (refer to agenda item G.2 or City Council action). 15. BUDGET AMENDMENTS - For approval: (40) (a) BA -01.8, $166,445 - Increase in Budget Appropriations for Newport Pier and Balboa Pier Repair and Newport Pier Bench and Handrail Replacement (reappropriation of prior year funds which were inadvertently not encumbered -- contract was awarded at the Council meeting of June 24, 1991); General Fund. (b) The following Budget Amendments Nos. 019 through 31, are necessary to reappropriate funds originally appropriated by Council last fiscal year: [Memorandum from the Deputy Finance Director] BA -019, $3,622,513.24 - General Fund. BA -020, $29,495.05 Park & Recreation Fund. • BA -021, $16,534.52 - Library Fund. BA -022, $189,941.79 - Gas Tax Fund. BA -023, $296,359.99 - Gas Tax Fund. Volume 45 - Page 298 {iLl • • Motion All Ayes Motion All Ayes 0 COUNCIL MEMBERS x x CITY OF NEWPORT BEACH [',l ` �� m_?c October 14, 1991 BA -024, $282,106.41 - Arterial Highway Fund. BA -025, $62,156.74 - Tide 6 Submerged Land Fund. BA -026, $1,152,869.87 - Contribution Fund. BA -027, $596,848.32 - Circulation /Trans Fund. BA -028, $30,519.06 - Building Excise Tax Fund. BA -029, $165,300.29 - Capital Project Fund. BA -030, $391,511.73 - Water Fund. BA -031, $221,736.73 - Sewer Enterprise Fund. (c) BA -032, $10,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations to provide for additional funds for appraisal services, Upper Castaways and Newporter North: General Fund. [Refer to report w /agenda item F -9(c)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: a 14 1. Report from Revenue Manager regarding 3pecial Special Events Application No. 91 -373 - Event Patricia Mims, residential use of p1i.91 -373 amplified sound for wedding reception 2030 Holiday Road, October 19, 1991: (27) 6:30 - 10:30 p.m. Motion was made 'to approve the application., subject to conditions listed in the staff report, with a change in closing time at 10:00 p.m., rather than. 10:30 p.m. 2. Report from the Marine Department Harbor regarding HARBOR PERMIT APPLICATION NO. Permit 133 -62 - Application by Plug White and A 1i 133 - p Sandy Wilford to revise their joint residential float bayward of 62 and 63 62 /Wilford Linda Isle, subject to conditions listed & White in the staff report. Motion was made to consider the above application with agenda item I -2 (under Continued Business) which will be considered later in the meeting. Letter from Stephen P. Bonn, Planning/ Spokesperson for the Committee for the Free Way Preservation of the Newport Hills Rsrvtn E/ Greenbelt, with signed petitions (on file in the City Clerk's Office) S opposing the development of land known (6$) as "FREEWAY RESERVATION EAST -SOUTH PARCEL." Volume 45 - Page 299 COUNCIL M99ERS 40 • Mon CITY OF NEWPOW BEACH October 14, 1991 Anita Meister -Boyd, 1848 Port Carlow Place, representing the Board of Directors of the Newport Hills Community Association, addressed the Council in opposition to the development of the subject property. She stated they feel their association has been dealt with "unfairly" and should have been included in the discussions with The Irvine Company regarding future use of this parcel; they also feel the property is located as such that it could be a "grand entrance" to Newport Beach, and should be included in the appraisal study along with the Castaways and Newporter North properties. Mayor Sansone advised Ms. Boyd that the owner of the subject property has established a committee to meet with both homeowners associations in the area. Mayor Pro Tem Turner commented that the property in. question was considered in the 1988 General Plan revisions and that their association should have been notified as part of the City's extensive outreach program. In addition, he and Council Member Watt, as members of the Circulation Buildout Committee, are heading up another outreach program, beginning the end of this month, in which meet:Lngs will be held in the community for interested residents to make their concerns known prior to the public hearing process before the Planning Commission and City Council. Linda Schindler, 1800 Port Tiffin Place, representing Stephen P. Bonn, Spokesperson for The Committee for the Preservation of the Newport Hills Greenbelt, addressed the Council and referenced Mr. Bonn's letter dated September ?10, 1991, in opposition to development of the land known as "Freeway Reservation East -South Parcel." She summarized their reasons for opposing the development as enumerated in the subject letter, and stated that Harbor View Homes is a very settled, quiet, family community, and they do not want more noise and traffic in their neighborhood. She added that Harbor View residents have continuously used this land as an extension to their park system for walking dogs, biking, etc., for the past 20 years. She indicated they would be willing to participate in the promotion of a bond issue for acquisition of this land; and therefore, urged that this parcel be included in the appraisal study along with the Castaways and Newporter North properties. x Motion was made by Council Member Hart to refer the subject letter to the Planning Department for inclusion in the records; stating this action would give the members of the Circulation Buildout Committee an opportunity to make further recommendations relative to this parcel. Volume 45 - Page 300 MINUTES 0 -71AUC:iIA b Ayes Motion All Ayes Motion All Ayes on Ayes 0 � � , is i:,a•� x X, �f x CITY OF NEWPORT BEACH MINUTES October 14, 1991 Council Member Watt stated she will be es 91 -102 in contact: with the Newport Hills Community Association regarding their concern for preservation of Open Space. The motion was voted on and carried. Proposed resolution amending Resolution Ocean Fr No. 91 -97, modifying the membership of Walk /Cty the OCEAN FRONT WALK CITY COUNCIL AD HOC Cncl Ad Hoc COMMITTEE. Cmte (24) Mayor Sansone stated that at the request rine of Council Member Plummer, he will move pt /Tide- to adopt Resolution No. 91 -102, adding ools a representative from West Newport. (51) Bill Schonlau, President of West Newport Beach Association, and President, McFadden Square Improvement Association, addressed the Council requesting equal representation from these two associations on the Ocean Front Walk Ad Hoc Committee, as set forth in his letters of October 8 and 10, 1991. He stated that at present, the Committee consists of two representatives from the Balboa Peninsula Point Association, two representatives from the Central Balboa Association, and two members appointed by and from the Bicycle Trails Committee. Following discussion, motion was made to reconsider the previous Council action. Motion was made to adopt Resolution No. es 91 -102 91 -102, modifying the membership of the Ocean Front Walk City Council Ad Hoc Committee by adding one representative from McFadden Square Improvement Association; one representative from West Newport Beach Association, and one representative to be appointed by Council Member Plummer. Letter from Judy Spindle 0 f rine , suggestions concerning the school buses pt /Tide- that stop on Poppy Avenue and Ocean ools Boulevard while transporting students (51) who visit the MARINE TIDEPOOLS. Judy Spindle, 200 Poppy. Avenue, addressed the Council referencing her letter of September 26, 1991, in which she suggests that Crystal Cove State Park be recommended to students interested in viewing the tidepools. She stated there is adequate free parking for school buses at Crystal Cove and that the buses would no longer have to commute through a residential area as presently exists. Ms. Spindle also submitted copies of three letters from residents at 2901 Ocean Boulevard, 3628 Ocean Boulevard, and 226 Poinsettia Street, in support of diverting the .school bus traffic from the Corona del Mar tidepool area to Crystal Cove State Park. Volume 45 - Page 301 • Motion All Ayes On All Ayes • x CITY OF NEWPORT BEACH October 14, 1991 Mayor Sansone pointed out that in comparing the two tidepool areas, the tidepools in Corona del Mar are far superior to those at Crystal Cove State Park, and this is one of the reasons they are so popular. He stated that the tidepools are under the jurisdiction of the State and are open to the public; and therefore, the City cannot order the buses to go to Crystal Cove. Following discussion, motion was made to refer the subject letter to the Marine Department for response, with the directive that they revise their brochure relative to the tidepools, advising of the availability of Crystal Cove State Park, and further, that the Department of Fish and Game also be notified of the same and requested to include it in their general public information relative to Crystal Cove State Park. H. ORDINANCES FOR ADOPTION: Proposed ORDINANCE N0. 91 -38, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PREVENTION. Recycled report from the Building Director, dated September 9, 1991. Motion was made to adopt Ordinance No. 91 -38. CONTINUED BUSINESS: Report dated October 14, 1991 with recycled report dated September 23, 1991 from Public Works Department recommending denial of APPEAL OF WILLIAM PADEN, DARLENE WILKOSKI AND JAMES WILKOSKI objecting to the City's plan to reconstruct the existing drive approach at 424 32nd Street to a 16 foot wide drive approach. Recycled memorandum dated September 23, 1991 from City Attorney Robert H. Burnham, supplement to report from the Public Works Department of the same date. The Public Works Director suggested as an alternative for Council consideration, that the existing driveway approach not be modified, and one additional .parking space be eliminated. Subject to further investigation, some of the parking Spaces on 32nd Street may be relocated by reducing the width to 8 -1/2 feet, rather than the 9 feet which presently exists. He stated, in essence, this means there would be no physical alteration or affect upon property that is owned by the Padens and leased by Mr. Wilkoski Volume 45 - Page 302 MINUTES (26) 91 -38 d Dmg Is on • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES x x X x October 14, 1991 :INDEX James Wilkoski, 3419 Via Lido, Attorney Wilkoski/ representing the Padens, addressed the Paden Council and indicated he had no objection to the proposed alternative as Appeal explained by the Public Works Director. Following discussion, motion was made to approve Alternative No. 1 (not alter the existing 25 foot wide drive approach and to approve the restriping as discussed). The City Attorney advised Mr. Wilkoski that the Council's action, in essence, rescinds the initial proposal of the Public Works Department. Council Member Hart spoke against the motion, stating that the City Council in an attempt to resolve parking problems in this City, has gone into a very large expenditure: on 32nd Street, and inasmuch as there is a full alley to the rear of the subject property for access, she felt it would be in the best interest of the City that the driveway approach be closed. Council Member Hedges commented that this issue would not have even been brought before the Council if parking was still available in front of City Hall. Council Member Watt remarked on how pleased she was 'with the "new look" in front of City Hall. The motion was voted on and carried. The City Attorney pointed out that the Council's foregoing action makes moot the previous decision of the Public Works Department to close the driveway approach, and stated he will direct a letter to this effect to Mr. Wilkoski. (F -14) Report dated October 14, 1991 larbor Perm from the Marine Department concerning pli 133 -62 HARBOR PERMIT APPLICATION NO. 133 -62 BY ilford/ PLUG WHITE AND SANDY WILFORD to revise their joint residential float bayward of 62 and 63 Linda Isle, subject to Fite 1) conditions in the staff report; and Report dated September 23, 1991, from arbor Perm the Marine Department recommending pIi 133 -61 approval of HARBOR PERMIT APPLICATION imon NO. 133 -61 BY WILLIAM SIMON to revise (51) the residential pier and float bayward of 61 Linda Isle, subject to the conditions listed in the staff report. Supplemental report dated October 14, 1991, from the Marine Department recommending approval, subject to the conditions listed in the staff report of September 23, 1991, with letter from Linda Isle Community Association Architectural Administrator, Charles L. Howell, approving the revisions to dock at 61 Linda Isle. Volume 45 - Page 303 K1Vl��Yh ROLL • • CITY OF NEXPORT BEACH \ \\ October 14, 1991 Tony Melum, Tidelands Administrator, addressed the Council and explained the two subject applications. With respect to the requests of Plug White and Sandy Wilford at 62 and 63 Linda Isle, the applicants propose a widening of the U- shaped float on each side of the dock. The proposed widening of the dock will continue to keep it within the Harbor Permit Policies requirements for set- backs and bayward extensions of floats. The applicants have submitted their revision through the architecture committee for the homeowners association on Linda Isle who have given their approval. With regard to the request of William Simon at 61 Linda Isle, the applicant's pier is a joint pier located within the lagoon of Linda Isle and in one of the locations where the bulkhead is curved and the permit zones, as a result, are pie- shaped, getting smaller as they go bayward. The applicant is proposing a revision of a joint dock bayward of 60 and 61 Linda Isle to accommodate: a larger vessel than can currently be accommodated. The proposed revision will give the applicant sufficient space to berth his vessel bayward of his residence and, as proposed, will conform to the existing Harbor Permit Policies as regards bayward extension of the float and setback of the float relative to the side property lines. Mr. Melum noted that the adjacent property owner at 62 Linda Isle has a concern about the modifications of the dock relative to the size of the vessel that will be berthed there. The size vessel that is proposed to be berthed at the slip can be berthed in compliance with the policies, and if properly berthed, should not cause a navigational problem relative to the dock at number 62. A drawing was displayed showing the proposed revisions to the existing floats and explained by the Tidelands Administrator. He stated there could be a potential navigational problem due to the widening of the dock at 61 Linda Isle in the future, but staff feels this is something that can be handled with the existing Harbor Permit policy. He also stated that both applications comply with the City's Harbor Permit Policies as far as setbacks and bayward extensions of the structures are concerned, and therefore, staff recommends approval of the applications. In response to question raised by Council Member Watt regarding what length of boat would be allowed to berth at 62 and 61 Linda Isle that could cause it to become a navigational hazard, the Tidelands Administrator - responded approximately a 60 -foot boat. Volume 45 - Page 304 MINUTES Perm 0 Motion All Ayes • CITY OF NEWPOK BEACH October 14, 1991 Tom Malcomb, representing Mr. Simon of 61 Linda Isle, addressed the Council and stated he and his client endorse the recommendations of the Marine Department and support both applications, and do not feel there will be a navigational problem in the future even if Mr. Wilford does acquire a 60 -foot boat. Sandy Wilford, 62 Linda Isle, addressed the Council and distributed a copy of page 2 of the minutes of the Linda Isle Community Association of September 17, 1991, pointing out the following excerpt: "The Board reviewed the position of the dock as placed on the drawing submitted to the Association Architect and after thorough review and discussion, agreed that the placement of the dock should be approved as submitted and indicated that the size of the boat to be placed at the dock was a completely separate issue from the approval of the dock at the residence." Mr. Wilford stated that he believes there is a navigational problem and disagrees with Mr. Malcomb on this point. He stated that the subject applications before the City Council at this time are for revisions to existing floats; and therefore, the issue of what boat size will be berthed at the docks should be reserved for future consideration. In view of the foregoing discussion, the City Attorney suggested a condition of approval be added to each application which staters: "The City Council reserves the right to impose limits on the size of any vessel berthed at the dock, or require modifications to the dock, in the event of a navigational conflict with vessels moored bayward of 60 -61, and 62 -63 Linda Isle." Motion was made to approve Harbor Permit Application Nos. 133 -62 for Plug White and Sandy Wilford, and 133 -61 for William Simon, subject to the above added condition by the City Attorney. J. CURRENT BUSINESS: Report from the Deputy City Manager regarding CATV FRANCHISES. Letter from Ralph G. Brant, in favor of renewing the subject franchises, with his understanding that the cable companies have agreed to add a channel for Christian Programming. The City Clerk reported that after the agenda was . printed, letters were received from Community Cablevision and Comcast Cablevision requesting this item be continued to October 28, 1991. In addition, nine letters were received in favor of granting the franchise extension to the respective cable companies from the following residents: Volume 45 - Page 305 MINUTES Harbor Perm Apli (42) COUNCIL MEMBERS ROLL CF \ \\\ • Motion All Ayes Motion All Ayes Motion All Ayes • Motion All Ayes x x x x CITY OF NEWPORT BEACH October 14, 1991 Marge Wetherbee, 423 E. Edgewater, #H Paul F. Crouch, President, KTBN Channel 40, P.O. Box A, Santa Ana Nadine E. Kirk, 1721 Marlin Way Diane D. Ammar, P.O. Box 2424, N.B. Raymonde Lafontaine, 2400 University Tom and Anne Richards, 270 Cagney Ln, #107 Judy Friedman, 5 Bordeaux Margaret Brant, 300 36th Street Catherine M. Brown, 2519 Margaret Dr. Motion was made to continue this matter to October 28, 1991, as requested. 2. Report from Public Works Department /Traffic- Engineering concerning GROWTH MANAGEMENT AREA NO. 8 REPRESENTATION. Motion was made to appoint Mayor Phil Sansone as this City's representative to the Growth :Management Area No. 8. 3. APPOINTMENT TO OCEAN FRONT WALK AD HOC COMMITTEE. At this time:, motion was made by Council Member Hedges to reconsider the action taken earlier in the meeting with regard to the Ocean Front Walk Ad Hoc Committee. Council Member Hedges stated he felt he should be the one' to make the appointment from the West Newport area, rather than Council Member Plummer (as stated in the previous motion), inasmuch as the Ocean Front Walk is solely in his Councilmanic District. Motion was made to amend the previous motion by :substituting Council Member Hedges instead of Council Member Plummer for the appointment of a representative from the West Newport area. K. CLOSED SESSION: 1. Confidential. Memorandum from the City Attorney (for Council only) to adjourn to CLOSED SESSION TO DISCUSS POSSIBLE LITIGATION. The City Council adjourned at 8:35 p.m. to closed session to discuss possible: litigation. Volume 45 - Page 306 MINUTES INDEX CATV Franchises Jt. Gov. "mte (24) Growth Mgm Area No. 8 Ocean Fr Wlk /Ad Hoc CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \\ October 14, 1991 The meeting reconvened at 9:45 p.m. and immediately adjourned with no action taken. ty • • The agenda for this meeting was posted on October 10, 1991, at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 45 - Page 307