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Home My WebLink About08/28/1979 - Adjourned Regular MeetingCOUNCILMEN S i 9?s T�9�iP J' *LL CALL S CITY OF NEWPORT BEACH ADJOURNED COUNCIL MEETING Place: Council Chambers Time: 7:00 P.M. Date: August 28, 1979 MINUTES INDEX Present x x x x x x ROLL CALL. . Absent x D. HEARINGS: • 5. Mayor Ryckoff opened the public hearing regarding Parking Ordinance No. 1818, being, Requirem 0 -1818 AN ORDINANCE OF THE CITY OF (32170 NEWPORT BEACH AMENDING SECTIONS 20.11.030, 20.14.070, 20.15.070, 20.16.075, 20.17.075, 20.33.030F OF THE NEWPORT BEACH MUNICIPAL CODE AS THEY PERTAIN TO REQUIRED PARKING FOR RESIDENTIAL USES, Planning Commission Amendment No. 535, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20 of the Newport Beach Municipal Code as it pertains to required parking for residential uses, and the acceptance of an Environmental Document. A report was presented from the Community Development Department. Motion x The public hearing was continued to October 1, All Ayes 1979. 6. Mayor Ryckoff opened the public hearing regarding Yellow the request of Orange Coast Yellow Cab Company, Cab Co. • Inc. for approval of a 5% fuel surcharge. (666) A report was presented from the City Manager. Motion x The hearing was closed after it was determined that All Ayes no one desired to be heard. Motion x Resolution No. 9626, establishing rates for taxicabs, R -9626 Ayes x x x x x establishing a fuel ,surcharge, and rescinding Noes x Resolution No. 9438, was adopted. 7. Mayor Ryckoff opened the public hearing BI Street concerning the amount of funds to be allocated to Lighting the Balboa Island Street Lighting District from the (3334) Special District Augmentation Fund. Motion x The hearing was closed after it was determined that All Ayes no one desired to be heard. Motion x Approximately $935.00 was allocated to the Balboa All Ayes Island Street Lighting District. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1819, being, Private Streets/ AN ORDINANCE OF THE CITY OF Harbor R NEWPORT BEACH ADDING SECTION 0 -1819 • (3319) JI I i Volume 33 -Page 242 ents idge COUNCILMEN MINUTES 'A ys� c v� T�-pss i1' ROLL CALL s Auonst 7R_ 1979 INr1Fx -am lin 12.66.080 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR THE APPLICATION OF VEHICLE CODE TO • PRIVATE STREETS IN HARBOR RIDGES was presented for second reading. Motion x Ordinance No. 1819 was adopted. All Ayes F. CONTINUED BUSINESS: Motion x 1. A proposed resolution establishing the ad hoc Highway All Ayes Highway Action Team (HAT) was postponed to Action Te September 10, 1979. (3341) 2. A report was presented from the Public Works San Joaqt Department regarding the San Joaquin Hills Hills Trar Transportation Corridor, Phase One Route Location Corridor Study and the Environmental Impact Report. (3342) Reports were presented from the Transportation Plan Citizens Advisory. Committee and the Environmental Quality Citizens Advisory Committee. The following people addressed the Council: Frank Robinson, for Friends of the Bay, asked that a strong position on silt control be taken for either route; Jerry Davis asked that there be no connection with Ford Road or San Miguel; and Denise Perkins, President of the Harbor View Knolls Homeowners • Association, and Agnes Day supported Route 2. The Council agreed to take straw votes on modifications to the proposed resolution regarding the Phase I Route Location Study, as follows: Motion x Paragraph 3 was amended to read, "WHEREAS, the All Ayes City Council of the City of Newport Beach has previously expressed support for the San Joaquin Hills Transportation Corridor as a way of directing traffic around Newport Beach; and" Motion x Mayor Pro Tern Williams made a motion to change No. 1 under the "NOW, THEREFORE" clause to designate Alternate 2 instead of Alternate 5, and in No. 5 to read Alternate 5 instead of Alternate 2. Motion x Councilman Heather made a substitute motion for Ayes x x No. 5 to ask for further investigation of the Noes x x x x feasibility of both Alternate 2 and Alternate 5, which motion failed. Ayes x x x x x A vote was taken on Mayor Pro Tern Williams' Noes x motion, which motion carried. Motion I Item No. 4 under the "NOW, THEREFORE" clause All Aye was deleted. I i Volume 33 - Page 243 -am lin CITY OF NEWPORT BEACH COUNCILMEN MINUTES 3(i f� �L'( . ti0 9 C' y ?� i ��0 ygs22i F � ROLL. CALL ��'� � s Aueust 28. 1979 INDEX Motion x An Item (f) was added to No. 6 under the "NOW, All Ayes THEREFORE" clause, "Detailed assessment of the proposed project as a multi -modal transportation • corridor. " Motion x A No. 7 was added under the "NOW, THEREFOR E" Ayes x x x x x clause, "The westerly end of the corridor should be Noes x designed so neither Ford Road nor San Miguel Road are connected to it." Motion x A second sentence was added to Item No. 2 under Ayes x x x x x the "NOW, THEREFORE" clause, "This City Noes x reaffirms its previously expressed support for a National Urban Park in the Irvine Coastal Area." Motion x Item No. 6 (e) under the "NOW, THEREFORE" All Ayes clause was amended to include reference to a paleontological site. Motion x Resolution No. 9627, expressing to the Orange R -9627 Ayes x x x x x County Board of Supervisors the City's comments on Noes x the Phase I Route Location Study and Environmental Impact Report for the San Joaquin Hills Transportation Corridor, was adopted to reflect the straw votes. 3. Appointments to the Transportation Plan Citizens Trans P1 Advisory Committee: CAC (960) uon x Councilman McInnis ' appointment of a member to Ayes fill the unexpired term of R. H. Clucas for a term ending December 31, 1979 was postponed to September 10. Motion x Councilman Hummel's appointment of a member to All Ayes fill the unexpired term of G. Edmund Siebel, Jr. ending December 31, 1979 was postponed to September 10. Motion x 4. Mayor Pro Tern Williams' appointment of Barry Local All Ayes Allen as a member of the Local Coastal Planning Coastal Advisory Committee to fill the unexpired term of Plan CA Harold Thomas ending December 31, 1979 was (709) confirmed. Motion x 5. Councilman Hunmel's appointment of a member to Bicycle All Ayes the Bicycle Trails Citizens Advisory Committee to Trails fill the unexpired term of Dr. Sholkoff ending CAC December 31, 1979 was postponed to September 10. (205F) 6. Appointments to the Litter Control Citizens Litter Advisory Committee: Control CAC Motion x Councilman Hart's appointment of a member to fill (2046) All Ayes the unexpired term of Hal Pinchin for a term ending iDecember 31, 1979 was postponed to September 10. I iVolume i 33 - Page 244 an .0 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 4in O y i 9 ROLL CALL , ��'� S� August 2A. 1979 inincv Motion x Councilman Hummel's appointment of a member to All Ayes fill the unexpired term of Helen Anderson for a term • ending December 31, 1979 was postponed to September 10. 7. A letter dated August 6, 1979 was presented from OrCo Joan S. Petty resigning as the City's representative Housing to the Advisory Committee of the Orange County Auth housing Authority. Adv Cmte (1272) Motion x The Mayor's appointment of a replacement All Ayes representative was postponed to September 10. 8. A report was presented from the Community Upper Development Department regarding background and Npt Bay present status of the NIWA program. NIWA Motion x Resolution No. 9628, supporting the declaration of R -9628 Ayes x x x x the Santa Ana Regional Water Quality Control Board (355) Noes x x as the "208" Agency for the San Diego Creek Drainage Basin, was adopted. 9. A report was presented from the City Manager Council regarding meeting times for the City Council and Procedures the Study Session. (1096) Motion x Councilman McInnis made a motion that the starting time for the Study Session be changed back to 1:30 p.m. and the regular Council Meeting to 7:30 p.m. • Councilman Strauss asked that the motion be amended to leave the Study Session starting time at 2:00 p.m. and begin the evening meetings at 7:30 p.m., which was accepted by the maker of the motion. All Ayes Councilman McInnis' amended motion was presented to Council as an ordinance for introduction, and Ordinance No. 1820, being, AN ORDINANCE OF 0 -1820 THE CITY OF NEWPORT BEACH AMENDING SECTION 2.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE TIME OF THE EVENING COUNCIL MEETING TO 7:30 P.M., was introduced. and passed to second reading on September 10, 1979. 10. A report was presented from the City Attorney Elections regarding the proposed Charter Amendments. (12F) The Council agreed to take straw votes on the proposed Propositions, as follows: Motion x Councilman Strauss made a motion to approve Proposition 2 pertaining to the maximum amounts allowed as reimbursement for expenses incurred by the Mayor and Councilmen and delegating authority to the City Council to adjust said maximum amounts based on the Consumer Price Index or an annual 5% • increase, whichever is lesser. i Volume 33 - Page 245 COUNCILMEN MINUTES �� 62'L O ti i F� s ROLL CALL (P A\ �0 August 23t 1279 INDEX Motion x Councilman McInnis made a substitute motion to Ayes x x also vote on Proposition 3 to eliminate annual x x x x expenses to the Mayor and City Council, which �es motion failed. Councilman McInnis stated for the record that he would vote "No" on the main motion by Councilman Strauss on the basis that he doesn't believe that the expense remuneration to Council should continue to increase, that it should be rolled back to the original $300 a month or frozen where it is. Councilman Heather asked that this statement stand for her also. Ayes x x x x A vote was taken on Councilman Strauss' motion, Noes x x which motion carried. Motion x Proposition 1 to change the date of the City election All Ayes from the second Tuesday in April of even - numbered years to the first Tuesday after the first Monday in odd- numbered years was approved. Motion x Proposition 4 to change the eligibility to hold office All Ayes as a member of the City Council, subject to certain restrictions was approved. Motion x Resolution No. 9629, ordering the submission of R -9629 Ayes x x x x x proposed amendments to the Charter of the City of Noes x Newport Beach to the qualified electors of said City at the Regular General Municipal Election to be held • on April 8, 1980, was adopted as amended by the straw votes. G. CURRENT BUSINESS: 1. A letter proposal from McDonough, Holland, OrCo Schwartz & Allen regarding Orange County Airport Airport was presented. (195) Motion x The proposal from McDonough, Holland, Schwartz & All Ayes Allen was accepted. 2. A report was presented from the City Arts City Arts Commission requesting a change in Council Policy I- Comsn 5 in order to allow the Arts Commission to review (120F) all permits for the use of City facilities when the permit is for an arts - related purpose. Motion x The request from the City Arts Commission was All Ayes received and ordered filed. 3. A report was presented from the Parks, Beaches and North Star Recreation Director regarding a resolution approved Beach by the Parks, Beaches & Recreation Commission (596) concerning the development of North Star Beach. The following people addressed the Council in favor of the dredging and the park concept: E. P. Benson, • President of Dover shores Community Association who presented slides and explained the concept I plan; Linda Taylor, biologist with the Corps of Engineers; Don Porter, Executive Director of the i Newport Harbor Area Chamber of Commerce, who read a resolution by the Marine Division of the Volume 33 - Paee 246 COUNCILMEN MINUTES ROLL CALL s'T Au ust 28 1979 INDEX Chamber approving the conceptual development of North Star Beach Park; Jim Mang, representing California Science Research; Seth Oberg, member of the Board of Directors of Dover Shores Community Association, who stated that the Board of Directors had committed $12,000 for the improvement of the beach; and Owen McLean. Motion x Mr. Benson was granted eight additional minutes for All Ayes his presentation. Motion x Mr. Oberg was granted seven minutes for his All Ayes presentation. The following people addressed the Council and opposed the dredging operation and /or park concept: Frank Robinson and Marilyn Holland. Motion x Mr. Robinson was granted two additional minutes for All Ayes his presentation. Motion x Councilman Williams made a motion to approve the 5,000 cubic yards of spoils. frWrn.'the Dover Shores channels and their placement on North Star Beach, subject to a determination by an independent testing service selected by the City that the materials to be removed qualify as sand according to EPA standards for beach replenishment, further that the • method of sample collection and the method of analysis comply with EPA methods. Tidelands Administrator Glen Weldon gave a brief staff report.. Councilman Williams amended his motion to include the adoption of Resolution No. 9630 regarding desirable improvements for the public recreational use and enjoyment of North Star Beach, and Parks, Beaches and Recreation version of the resolution. Mayor Ryckoff asked that the motion be further amended to include the $12,000 offered by the Dover Shores Association, which was accepted by the maker of the motion. Motion x Councilman McInnis made a substitute motion to adopt Resolution No. 9630, subject to the City's obtaining three additional samples from the short finger and five additional samples from the long finger. Motion x Mayor Ryckoff made a substitute motion to adopt All Ayes Resolution No. 9630 as recommended by the Parks, R -9630 Beaches, and Recreation Commission regarding desirable improvements for the public recreational use and enjoyment of North Star Beach, subject to: the City's obtaining three additional samples from the short finger, and five additional samples from j I the long finger; these samples to be analyzed by 1 i Volume 33 - Page 247 COUNCILMEN "SG's ?�9y 'li p y G 2 :OLL CALL 3u' ss Motion All Ayes Mr1V Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES Awrtmt 2R 1979 INDEX Encroachment/ Parkway First Ave CdM adj to 418 Goldenrod (3343) Npt Beach City Arts Festival (1115) 6A - an independent, qualified laboratory; these granular samples be compared with the EPA Dredge Material Disposal Criteria; that this constitutes conceptual approval of a 5,000 cubic yard operation; and the Dover Shores Association contribute $12,000 for the development of North Star Beach Park, which motion carried. 4. A report was presented from the Public Works Department regarding the encroachment permit application of James R. Hollenbeck to construct concrete steps and walkway and install landscaping in the parkway of First Avenue in Corona del Mar adjacent to 418 Goldenrod Avenue. x The application for the encroachment permit was approved, subject to the following conditions: a) That the steps shall be held at least five feet from the face of the curb; and b) The walkway areas within five feet of face of curb shall be constructed of natural color concrete with either broom finish or salt finish, or fine exposed aggregate. 5. A report was presented from the City Arts Commission regarding a contract for publicity for the Newport Beach.,City Arts Festival for 1979180 in the amount of $1,500.00 with Mrs. Jean Tandowsky. x Councilman McInnis made a motion to direct the staff to prepare the necessary resolution and x agreement. 9 `.. eh t4*1.�t z D�. _ oun-il tr - --- L L earried Mayor Ryckoff adjourned the meeting at 11:10 p.m. MayoY ATTEST: city erk A iVolume i 33 - Page 248 INDEX Encroachment/ Parkway First Ave CdM adj to 418 Goldenrod (3343) Npt Beach City Arts Festival (1115) 6A -