HomeMy WebLinkAbout08/11/1980 - Regular MeetingCOUNCILMEN
A
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
MINUTES
ROLL CALL
Y'j+ DATE: August 11, 1980 INDgX
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Moy on
x
B. The reading of the Minutes of the July 28, 1980
AlWes
Meetings, Regular and Adjourned, was waived, and
the Minutes were approved as written and ordered
filed.
Motion
x
C. The reading in full of all ordinances and resolu-
All Ayes
tions under consideration was waived, and the City
Clerk was directed to read by titles only.
D. HEARINGS:
1. Mayor Heather opened the public hearing regarding
Traffic /Pkg
Ordinance No. 1856, being,
Regulations
0 -1856
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(85)
AMENDING PROVISIONS OF TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE AS IT PERTAINS TO PARK-
ING SPACE REQUIREMENTS WITHIN RESIDENTIAL
DISTRICTS,
Planning Commission Amendment No. 535, a request
initiated by the City of Newport Beach to consider
an amendment to the Newport Beach Municipal Code.
A report was presented from the Planning Depart-
ment.
Allan Beek addressed the Council and asked that
the ordinance be amended to provide for two park-
•
ing spaces per dwelling unit.
Mayor Heather closed the public hearing.
Motion
x
Ordinance No. 1856 was adopted.
Ayes
x
x
x
x
x
x
Noes
x
E. ORDINANCES FOR ADOPTION:
1. Ordinance No. 1862, being,
Pkg Restrictn
0 -1862
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(64)
AMENDING SECTION 12.40.100 OF THE NEWPORT
BEACH MUNICIPAL CODE TO DESIGNATE THE CUL -DE-
SAC PORTION OF HILARIA WAY WESTERLY OF
FLAGSHIP ROAD FOR ANGLE PARKING,
was presented for second reading.
Motion
x
Ordinance No. 1862 was adopted.
All Ayes
Volume 34 - Page 187
COUNCILMEN MINUTES
.o
\
ROLL \1\NL Aug uat 11. 1980 Ininry
F. CONTINUED BUSINESS:
1. A report dated July 14 was presented from the
Offshore/
Tidelands Affairs Committee regarding the off -
Onshore
•
shore /onshore mooring rate.
Mooring Rates
(51)
A report was presented from the Marine Department.
A letter dated July 14 from the United Fishermen's
Organization of Southern California, Inc. was
presented.
Letters opposing the proposed mooring fee increase
from R. Jerry Fipps and Frank A. Walker were
presented.
A letter from Wilbur D. Layman commenting on the
rate increase was presented.
A letter received after the agenda was printed
addressed to the Mayor from the Marine Division
of the Chamber of Commerce was presented stating
they had no objections to the proposed increase.
Marine Director Dave Harshbarger gave a brief
staff report.
The following people addressed the Council and
opposed the proposed increase in fees: Don
Beatty; Roger Gooding; Joe Gionet; John Chessel;
Edward Dykstra; Don Butt; Ray Elliott; Tommy
Turner; Harold Lewis; Jim Anderson; Shirley
•
Tucker; Howard Stevens, Commodore of Voyager
Yacht Club; Dr. Alan Andrews; Vic Hinojosa;
Lorenzo C. Miller; Jim Nugent; Bob Lewis; Mark
Sites; Brad Forshay, who suggested that mooring
owners be allowed to change from the use of chain
to polypropylene on their moorings; James Murt-
land; Bob Millar; Ed Corwin, Port Captain of the
South Shore Yacht Club; Jean Ides and Beverly
Nesbitt.
Motion
x
Mayor Heather made a motion to continue the item
Ayes
x
x
x
to September 22, and to appoint a committee which
Noes
x
x
x
x
would include Mark Sites, Tommy Turner and Jim
Anderson to look at the issue and report back,
which motion failed.
Motion
x
Councilman Hummel made a motion to deny the pro -
Ayes
x
posed resolution increasing the mooring fees,
Noes
x
x
x
x
x
x
which motion failed.
Motion
x
Mayor Pro Tem Hart made a motion to adopt Resolu-
R -9849
Ayes
x
x
x
x
x
tion No. 9849 establishing mooring fees and a
Noes
x
x
late payment penalty pursuant to Section 17.22.05
of the Newport Beach Municipal Code, and rescind -
ing Resolution No. 9586, which motion carried, an
Resolution No. 9849 was adopted, thereby increas-
ing the offshore mooring rate from $6.55 to $10.0
per vessel foot per year, and increasing the
Volume 34 - Page 188
CITY OF NEWPORT BEACH
COUNCILMEN MINUTES
�f� �tn
RAI 1. CGL U' Auauat 11. 1980 �nincv
onshore mooring rate from $3.30 to $5.00 per
vessel foot per year, effective January 1, 1981.
Mo
x
2. (District 2) Councilwoman Plummer's appointment
EQCAC
Al es
of a member to the Environmental Quality Citizens
(24)
Advisory Committee to complete the unexpired term
of Ronald B. Linsky ending December 31, 1980 was
postponed to August 25, 1980.
G. CURRENT BUSINESS:
1. A report was presented from the Planning Depart-
208 /SCAG
ment regarding the 208 /SCAG Cooperative Agreement,
Agmt
Upper Newport Bay Sedimentation Control Planning.
C -2203
(38)
Motion
x
The following actions were taken:
All Ayes
(a) Resolution No. 9850, authorizing the Mayor
R -9850
and City Clerk to execute a Cooperative
Agreement between the City of Newport Beach
and SCAG, was adopted.
(b) Resolution No. 9851, authorizing the Mayor
R -9851
and City Clerk to execute an agreement
between the City of Newport Beach and Boyle
Engineering for consultant services in
connection with the 208 studies, was adopted.
(c) The staff was authorized to negotiate
a Memorandum of Understanding with the City
of Irvine for the administration of the 208
Program.
•
2. A report was presented from the Public Works
Gordon Glass
Department regarding the request of Gordon Glass,
C -2204
architect, to construct brick pavement; plant
(38)
street trees; and connect an area drain to a
_
storm drain, all adjacent to 511 - 29th Street
and 2901 Lafayette Avenue.
Gordon Glass, representing Mr. and Mrs. DiSano,
the owners of the property, addressed the Council
regarding the request.
- -
Councilman Maurer proposed a motion to approve
the request for the brick pavement, the tree
planting and the drain connection.
Mayor Pro Tem Hart asked if the maker of the
motion would consider amending the motion to
eliminate the trees.
Motion
x
Councilman Maurer stated that he would present
All Ayes
individual motions, and made a motion to approve
the brick sidewalk pavement, subject to the prior
filing of a maintenance agreement which would be
recorded, which motion carried.
,Volume 34 - Page 189
•
CITY OF NEWPORT BEACH
COUNCILMEN
d
MINUTES
ROLL CALL
`'
August 11, 1980 INDEX
Motion
x
The planting of street trees was approved, subject
Ayes
x
x
x
x
x
to a) the prior filing of a maintenance agreement;
No
x
x
b) approval of tree type, size and location by
the Parks, Beaches and Recreation Department; and
c) the trees being planted in deep root planters.
Public Works Director Ben Nolan stated that the
connection of an area drain to the City storm
drain could be handled administratively.
3. A report was presented from the Marine Department
Boat Launchg
regarding small boat launching at 18th and Bay.
18th /Bay
(51)
Motion
x
The present system was continued for the remain -
All Ayes
der of the summer; the staff was directed to work
with residents regarding traffic and problems on
the street; and the staff was further directed to
study alternate access routes to the 18th Street
beach.
4. A letter of proposal from Michael H. Cheney to do
Upper Bay
certain feasibility reports concerning the Upper
Dredg
Bay dredging was presented.
(51)
Motion
The City Manager was authorized to issue a Pur-
All Ayes
chase Order for Mr. Cheney's services as outlined
in the proposal.
H. CONSENT CALENDAR:
Moon
x
The following actions were taken as indicated except
All Ayes
for those items removed:
1. ORDINANCES'POR INTRODUCTION - Removed from the
Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution 9852 awarding a contract to Dyno
BI /Bulkhd
Construction Inc. in connection with the
Copg /Ph III
Balboa Island Bulkhead Coping Repair, Phase
R -9852
III (C- 2185); in the amount of $69,280.10.
C -2185
(A report from the Public Works Department)
(38)
(b) Resolution No. 9853 awarding a contract to
1980/81 Seal
Pavement Coatings Company in connection
Coat /Ph I
with the 1980 -81 Seal Coat Program, Phase I
R -9853
(C- 2190); in the amount of $129,580.00. (A
C -2190
report from the Public Works Department)
(38)
(c) Resolution No. 9854 authorizing the Mayor
Resub No. 569
and City Clerk to execute an Extension
R -9854
Agreement between the City of Newport Beach
(38)
and Bayside Square Office Building, a
general partnership, in connection with the
public improvements required with Resubdivi-
sion No. 569. (A report from the Public
•
Works Department)
Volume 34 - Page 190
ROLL CALL
•
•
•
.��
O �
` P •� J `
August 11, 1980
MINUTES
INDEX
(d) Resolution No. 9855 designating intersec-
Stop Signs
tions at which vehicles are required to
R -9855
stop and directing the Traffic Engineer to
(81)
erect necessary "Stop" signs (Point Loma
Drive at Carmel Bay Drive; Half Moon Bay
Drive at Point Loma Drive; Point Sur Drive
at Carmel Bay Drive; Cambria Drive at
Drakes Bay Drive.; and, Morro Bay Drive at
Goleta Point Drive). (A report from the
Traffic Affairs Committee)
(e) Resolution No. 9856 authorizing the Mayor
CA State Hyw
and City Clerk to execute an agreement
Agmt /CNB
between the City of Newport Beach and the
R -9856
State of California for the maintenance of
C -2202
State highways within the City of Newport
(38)
Beach. (A report from the Public Works
Department)
(f) Removed from the Consent Calendar.
3. COMMUNICATIONS - For referral as indicated:
(a) To staff for report back, a letter from
Alley Vac
Ralph K. Hekman, attorney for Mrs. Nancy
33rd St
Louise Skilling, requesting that the City
(90)
vacate the five (5) feet of the alley lying
westerly of property owned by Mrs. Skilling
at 107 - 33rd Street. (Attached)
(b) To staff for inclusion in ongoing study, a
Res Dev
letter from Luvena W. Hayton, requesting
Stds /Corte
recognition be given to the Citizens Ad Hoc
(94)
Residential Development Standards Study
Committee, and consideration by City staff,
Planning Commission and the Council for the
options and restrictions encompassed by that
study. (Attached)
(c) To staff for reply, a letter from A. L.
Litter
Erickson protesting the condition of down-
Complaint/
town Newport Beach sidewalks, gutters and
Erickson
the accumulation of trash around the palm
(72)
trees on the sand; specifically on the two
vacant lots near 24th Street on the Ocean
Front., (Attached)
(d) To Planning Commission for inclusion in
Local Coastal
Local Coastal Plan consideration, a letter
Plan
from Paul Gibbs objecting to a possible
(67)
sidewalk along Seashore Drive. (Attached)
(e) To Pending Legislation and Procedural Ethics
Res /City of
Committee, a resolution of the City of
Pinole
Pinole urging the Governor to lift the odd-
(77)
even gas distribution system immediately.
(Attached)
Volume 34 - Page 191
COUNCILMEN MINUTES
ROLL CA\NLe i1' August 11, 1980
4. COMMUNICATIONS - For referral as indicated:
•
(a) A letter from Ruth Hamel, objecting to any
more hotels being built in Newport Beach,
until the airport expansion problem has been
solved. (Attached)
(b) A letter from Edward P. Benson, expressing
his concern about the ongoing deterioration
of the Upper Newport Bay and the lack of
response to attack the problem from City,
County and State Legislators. (Attached)
(c) Copy of a letter from Southern California
Edison Company, urging the City to continue
efforts to reduce energy consumption from
noon to six during the summer of 1980.
(Attached)
(d) Excerpt from Minutes of the Orange County
Board of Supervisors dated July 21, 1980,
regarding continuation of operation of
Airport Station 27 and directing the Fire
Chief to report back to them prior to
August 30, 1980 on the status of contract
negotiations with the City. (Attached)
(e) Excerpt from Minutes of the Orange County
Board of Supervisors dated July 22, 1980,
deferring action on Proposed Annexation No.
87, County "Triangle,11 to the City of
•
Newport Beach pending further recommenda-
tions by Supervisor Riley following actions
of the City. (Attached)
(f) Copy of a letter from the Local Agency
Formation Commission regarding proposed
annexation to Costa Mesa Sanitary District
designated Engineer's No. 196 Annexation,
located northerly of Baker Street between
Bear Street and the Corona del Mar Freeway
in Costa Mesa.
(g) Hearings before the Public Utilities Com-
mission:
(1) Catalina Passenger Service, Inc.,
for fare increase,
(2) Southern California Gas Company
for increased rates.
(3) Southern California Edison Company
for rate change.
Volume 34 - Page 192
•
COUNCILMEN MINUTES
A
ROLL CAL��'
� August 11. 1980 1 Kin
cv
(h) Agenda of the Board of Supervisors meetings
held July 29, 30 and August 5, 6, 1980.
•
(i) Minutes of Friends of Oasis meeting of July
21, 1980. (Attached)
5. CLAIMS FOR DAMAGES:
(36)
For denial and confirmation of the City Clerk's
referral to the insurance carrier:
(a) Claim of Matthew Kevin Healy for personal
Healy
injuries allegedly received in Newport
Beach on April 19, 1980 during an attempted
arrest by the City's Police Department.
(b) Claim of C. R. "Jerry" Johnson for damage
Johnson
to his tenant's shop on July 18, 19 and
20, 1980, when the City sewer allegedly
backed up.
For denial:
(c) Late claim of Alfred John Bertulli for
Bertulli
personal injuries as the result of alleged
police brutality by the Newport Beach
Police Department during his arrest on
March 30, 1980.
6. SUMMONS AND COMPLAINTS: None.
•
7. REQUEST TO FILL PERSONNEL VACANCIES - For
(66)
approval: (A report from the City Manager)
(a) One Emergency Equipment Dispatcher, in the
Police Department, to fill a position now
vacant.
(b) One Animal Control Officer, in the Police
Department, to fill a position to be
vacant.
(c) One Police Clerk I, in the Police Department
to fill a position now vacant.
(d) One Equipment Mechanic 1, in the General
Services Department, to fill a position
now vacant.
8. STAFF REPORTS - For Council information and
filing:
(a) A memorandum from the Planning Department
P/C Ofcrs
regarding election of officers for the
(24)
Planning Commission for the fiscal year
1980/81. (Attached)
Volume 34 - Page 193
•
COUNCILMEN MINUTES
A
ROLL CALL d' Au ust 11 1980 INDEX
9. Removed from the Consent Calendar.
10. HARBOR PERMIT APPLICATION - Approval, subject to
Harbor Permit
•
conditions listed in the staff report, of Harbor
Permit Application No. 105 -101 of Robert Sprague
(51)
to revise an existing residential slip at 101
Bayside Place. (A report from the Marine Depart-
ment) .
11. SAILBOARD RENTAL CONCESSION - Denial of request
Bus /Lic
by Aqua Wind International Ltd. to operate a
(27)
sailboard rental concession on the public beach
at 18th and Bay. (A report from the Marine
Department)
12. REQUEST FOR FIREWORKS DISPLAY - Approval of
Fireworks
request of Big Canyon Country Club for 20 minutes
permit /BCCC
of fireworks at 9:00 p.m. on August 23 in con-
(65)
nection with its annual golf tournament. (A
report from the License Supervisor)'
13. BUDGET AMENDMENTS - For approval:
(25)
BA -005, $860,490.00 increase in Budget Appropria-
tions for salary increases, from Unappropriated
Surplus, General Fund.
BA -006, $111,720.00 increase in Budget Appropria-
tions for salary increases from Unappropriated
Surplus, Park and Recreation Fund.
BA -007, $87,435.00 increase in Budget Appro-
•
priations for salary increases, from Unap-
propriated Surplus, Library Fund.
BA -008, $72,430.00 increase in Budget Appro-
priations for salary increase, from Unappropriated
Surplus, Water Fund.
BA -009, $1,060.00 increase in Budget Appropria-
tions for salary increase, from Unappropriated
Surplus to Marinapark, Services - Professional,
Technical, etc., Marinapark Fund.
BA -010, $22,755.00 increase in Budget Appro-
priations for additional Seasonal Pages and
Seasonal Coordinator, from Unappropriated
Surplus to Libraries, Seasonal - Part -Time,
Library Fund.
BA -011, $21,000.00 increase in Budget Appro-
priations and increase in Revenue Estimates for
developers contribution toward Traffic Phasing
Plan improvements to San Joaquin Hills Road and
Jamboree Road, from Unappropriated Surplus and
Donations and Contributions to San Joaquin/
Jamboree Improvements, Contributions Fund.
Volume 34 - Page 194
•
COUNCILMEN MINUTES
ROLL CAL �� August 11. 1980
BA -012, $1,500.00 transfer of Budget Appropria-
tions for evaluation for dredging Upper Bay,
from Unappropriated Contingency Reserve to
•
Public Works - Administration & Engineering,
Services - Professional, Technical, etc., General
Fund.
14. SPECIAL TRASH PICKUP - Approval of request of
Trash P/U
Balboa Peninsula Point Association for a special
Ba1PenPtAssn
trash pickup on September 20, 1980 at a cost of
(44)
$585.00. (Attached with report from General
Services Director)
I. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report was presented from the Public Works
Encroachment
Department regarding the application of Stanley
Permit /Siegel
and Judith Siegel to construct a single curb cut
(65)
at 213 Abalone Avenue, Balboa Island.
Judith Siegel addressed the Council regarding the
request. Mrs. Siegel stated that she felt that
the position taken by the Little Balboa Island
Property Owners Association in requesting a
denial had been taken without benefit of a full
Board.
Bob Millar, speaking in behalf of the Little
Balboa Island Association, stated that the
request for denial was in keeping with a long-
standing policy of the Association in regard to
curb cuts.
Mon
x
The item was postponed to September 8 to allow
All Ayes
Council to receive formal input from the Little
Island Association and additional information
from the applicant.
2. A report was presented from the City Manager
Ping /Bldg
regarding renewal of the Planning - Building
Dept Lease
Department office lease.
R -9857
C -1688
Motion
x
Resolution No. 9857, authorizing the Mayor and
(38)
All Ayes
City Clerk to execute a lease agreement between
.
the City of Newport Beach and J. A. Shepardson,
and Robert N. Moodey and Evelyn C. Moodey in con-
nection with the lease of the building which
houses the Building and Planning Departments of
the City of Newport Beach, was adopted as amended
to remove the name of Jean Shepardson.
3. A report was presented from the City Attorney
Pedicabs
regarding commercial use of pedicabs.
0 -1863
(86)
Volume 34 - Page 195
COUNCILMEN
ROLL CALL e
J
Motion
All Ayes
•
•
CITY OF NEWPORT BEACH
MINUTES
August 11, 1980
Craig Wilson addressed the Council regarding
pedicabs. Mr. Wilson described a pedicab and
its use, stated they were being used in other
cities, and urged that the City allow their use
in Newport Beach.
Proposed Ordinance No. 1e63, being,
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.12 OF THE NEWPORT BEACH
MUNICIPAL CODE BY ADDING THERETO IN
SECTION 5.12.010 THE DEFINITION OF "PEDICAB"
AND ADDING SECTION 5.12.025 PROHIBITING
THE COMMERCIAL OPERATION.OF PEDICABS
WITHIN THE CITY,
was introduced and passed to second reading on
August 25, 1980.
Mayor Heather adjourned the meeting at 10:44 p.m.
ay
ATTEST:
F
Volume 34 - Page 196