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Home My WebLink About07/22/1985 - Regular MeetingCOUNCIL MEMBERS \CAL s� o Si S S 9 ROLL Present 0 on Ayes Motion All Ayes • Motion All Ayes MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 22, 1985 x x x x x x x A. ROLL CALL. x B. The reading of the Minutes of the Regular Meeting of July 8, 1985, and Special Meeting of July 15, 1985, was waived, approved as written and ordered filed. x C. The reading in full of all the ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public rehearing regarding PROPOSED ORDINANCE NO. 85 -5, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 23 SO AS TO DESIGNATE A FRONT YARD SETBACK OF ZERO FEET ALONG THE BAY, WITH THE EXCEPTION OF A TRIANGULAR AREA IN THE NORTHEASTERLY CORNER OF THE SITE THAT SHALL BE MAINTAINED AS A CLEAR, UNOBSTRUCTED FRONT YARD SETBACK, LOCATED AT #1 HARBOR ISLAND (PLANNING COMMISSION AMENDMENT No. 616), was presented with report from Planning Department, dated June 24, 1965. The City Clerk reported that after the agenda was printed, a letter was received from Thayer Crispin, #2 Harbor Island, opposing the proposed amendment. The City Clerk also advised that a letter was received from the applicant requesting this item be continued to August 12, 1985, to enable him to meet further with Harbor Island Association representatives in an attempt to alleviate their concerns. x Motion was made to continue to August 12, 1985, as requested. Volume 39 - Page 273 INDEX Ord 85 -5 PCA 616 Zoning (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL sj o 3. s s 9 ROLL July 22, 1985 MINUTES flu nFY E. PUBLIC COMMENTS: • 1. Mr. David Ballard addressed the Council Ballard/ and submitted a letter regarding the Food Vendg feasibility of providing concessions at the Wedge and Little Corona State Beach. He stated that he currently provides hot foods, etc. from his recently purchased service truck, at Crystal Cove State Park. Mr. Ballard stated he would pay the City $500 in cash for a one -month trial period during August, and will also submit a $1 million certificate of insurance which covers the City and its employees. It was pointed out to Mr. Ballard that pursuant to the City's Municipal Code Section 5.11.020, "portable food stands" are prohibited, except on privately -owned commercial or industrial property, and that Section 5.11.030 prohibits the selling of food products on public streets or sidewalks in the beach areas. 2. Dr. Jack Skinner addressed the Council Skinner/ and expressed his concern over the Pump out recently installed pump out station Stations • located in The Irvine Company's marina near the Bahia Corinthian Yacht Club. He submitted photographs of the site, and stated that because of its location, the pump out station is difficult for boaters to see, difficult to maneuver boats into, and that small boats block its access. He stated that he was very pleased with the City's efforts to provide adequate pump out facilities in the harbor, but would suggest that they be located to the seaward side of any slip or side tie in order that they be readily accessible to the boating public, and that the area be kept clear to assure easy access. The City Council thanked Dr. Skinner for his comments and complimented him for his contributions to the medical safety of the bay. Mrs. Nancy Skinner addressed the Council and suggested regulations be enacted governing the location and compliance of pump out stations. • Volume 39 - Page 274 CITY OF NEWPORT BEACH COUNCIL MEMBERS \I-Al\tPd'6 9G9 Qp� RAI I 9 �� July 22, 1985 MINUTES IWf1FY Mayor Maurer invited Dr. and Mrs. Skinner to a meeting of the Ad Hoc • Tidelands Affairs Committee, which will be held on Wednesday, July 24 at 7:30 a.m., in the City Hall Annex, wherein the clean up of the bay and location of the new pump out stations will be discussed. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 85 -51 establishing Balboa rates for the Balboa Yacht Basin, Ycht Bsn effective September 1, for fiscal Rates FY'85- year 1985 -86. (Report from Marine 86 Department Res 85 -51 (51) 3. CONTRACTS/AGREEMENTS: (a) Lease Proposal for Lincoln School Lincoln • Gymnasium and Athletic Field Schl /CNB between City of Newport Beach and C -2528 Newport -Mesa Unified School (38) District, subject to conditions presented in the report from Parks, Beaches and Recreation Director. 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Affairs Committee for Balboa inclusion in the records, letter Pier Prkg from the Balboa Improvement Lot Association stating opposition to (63) early closure of Balboa Pier Parking Lot (11 p.m.). (b) To Planning Department for reply, Planning letter from Daniel Marcheano, Dpt, representing the Arches Restaurant, (68) complaining that the disco named Promises, located at 3300 West Coast Highway Newport Beach, has been a major nuisance. (c) To Traffic Affairs Committee for TAC response, letter from Management (85) Service Company (representing Mai • Rai Complex), requesting posted speed :Limit change. Volume 39 - Page 275 CITY OF NEWPORT BEACH COUNCIL MEMBERS \r-AL ROLL July 22, 1985 MINUTES INDF X (d) To Chief of Police for reply, PD • letter from William Picker (70) regarding late night drinking in cars, vans, and empty bottles and litter problem in the vicinity of 6th and Ocean Front. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission Minutes of June 5, 1985. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) John Robert Boss alleging personal Boss injuries as a result of accident while playing in softball league at Newport Harbor High School, sponsored by the City's Parks, Beaches and Recreation Department on May 20, 1985. (b) Diane M. Davis alleging property Davis damage to vehicle as a result of being rear -ended by City vehicle on May 19, 1985, while stopped at a • traffic light at Jamboree Road. (c) Susan McCullough alleging that as a McCullough result of faulty traffic signal at intersection of Bristol and Jamboree on April 7, 1985, her vehicle was broadsided by another vehicle that ran the light. (d) Alexander Murga for personal Murga injuries as a result of fall from bicycle near westerly end of Seashore near Olive Street on March 29, 1985. (e) State Compensation Insurance Fund CA State seeking recovery of benefits Cmpstn Ins provided to Susan Powell under Fnd /Powell California Worker's Compensation Loss, who was involved in traffic accident with City employee at intersection of Jamboree and San Joaquin Road on March 29, 1985. • Volume 39 - Page 276 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 d' .'a ti ti 9 p� 99 y1 �9� G'F� ROLL CAL G�` � y�9 July 22, 1985 MINUTES INDEX (f) United Couriers, Inc., and Rita United Denise Gable seeking indemnity from Couriers, • claim filed by James Bardiau in Inc /Gable June, 1984, who was injured while riding bicycle into intersection by Rita Gable, employee of United Couriers, Inc., on March 14, 1985 at intersection of Old Newport and Transition Road. (g) Harold Weyant alleging false Weyant arrest:, personal injuries, violation of civil rights, etc., by City Police Department at Corona del Mar on March 31, 1985. (h) Barbara Weyant alleging false Weyant arrest, personal injuries, violation of civil rights by City Police: Department at Corona del Mar on March 31, 1985. (i) Janet M. Whitcomb alleging personal Whitcomb injuries as a result of trip and fall on sidewalk near Coca's Restaurant. For rejection: (j) Late Claim of Pacific Bell Company Pac Bel alleging several 2 -inch transit • ducts broken at four locations by City Utilities Crew, at 456 to 496 Shorecrest Lane prior to March 18, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Vincent Lee Buratti, Michelle Buratti Wilson Buratti, et al, for personal injuries, etc. Claim was denied by City Council on July 26, 1982. G (b) Bruce Eugene Wilson for personal Wilson damages, etc., Orange County Superior Court, Case No. 46- 13 -48. Claim was denied by City Council on March 11, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Clerk I, Police Department. • Volume 39 - Page 277 CITY OF NEWPORT BEACH COUNCIL MEMBERS d� '9 9 G `o �S ti �9 J2, � ,9 9 Ct ^t^ July 22, 1985 o ROLL Pi+G MINUTES INDEX • 9. STAFF AND COMMISSION REPORTS - For Council information filing: and (a) Election of Officers for Library Bd Library Board of Trustees. (Report from Trustees Library Director) (24) (b) Removed from the Consent Calendar. For Council information and approval, with the exception of paragraph 3: (c) Report from Parks, Beaches and PB &R /Trees Recreation Director regarding (62) retention of street trees and requesting direction to establish a standing Street Tree Committee with specific objectives. 10. PUBLIC HEARING SCHEDULING - August 12, 1985: (a) Appeal application of Paul R. U/P 3153 Johnson on Use Permit No. 3153 for (88) Alex Lovera on property located at 2754 East Coast Highway granted by the Planning Commission on June 20, 1985. • (b) Proposed rate increase for GROUP W Group W/ CATV. CATV Resolution No. 85 -52 adopted Res 85 -52 stating intention to hold a public (42) hearing to consider a rate increase request by Group W CATV Company for Basic Subscriber Services regarding cable television services. 11. SEASHORE DRIVE RECONSTRUCTION WEST OF Seashr Dr ORANGE STREET (C -2461) - Approve the Rcstrctn plans and specifications; and authorize C -2461 the City Clerk to advertise for bids to (38) be opened at 11 a.m., on August 15, 1985. (Report from Public Works Department) 12. ACQUISITION OF 203 -40th STREET Property (A.P.#423- 306 -06) - Authorize the Acq /203- purchase of 203 -40th Street for 40th St $180,000; and the acceptance of a grant (73) deed for subject property from Theodore L. and Salome T. Fessenden. (Report from Public Works Department) 13. PURCHASE OF STATE'S TITLE TO TAX DEEDED Property PROPERTY (T.C. SALE 01306) - Authorize Purch/ • purchase of State's Tax Deeded Property Walnut & located at the northwesterly corner of Npt Shrs Dr (73) Volume 39 - Page, 278 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -V �" � ROLL G�` Q July 22, 1985 MINUTES luncY Walnut Street and Newport Shores Drive; and authorize Mayor and City Clerk to • execute the Agreement. (Report from Public Works Department) 14. RESUBDIVISION NO. 801 - Approve a Resub 801 subdivision agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 801 (Lot 1, Block 537, Corona del Mar Tract, located at 501 and 501'k Larkspur Avenue, on the northwesterly corner of Larkspur Avenue and Second Avenue, in Corona del Mar); authorize the Mayor and the City Clerk to execute said agreement; and accept the offer of dedication of a 10 -foot radius corner cutoff at the corner of Larkspur Avenue and Second Avenue. (Report from Public Works Department) 15. BUDGET AMENDMENTS - For approval: (25) BA -002, $2,500 - Increase in Budget Appropriations and decrease in Unappropriated Surplus for view site analysis for Mariners Mile area; General Fund. BA -003, $85,000 - Increase in Budget Appropriations and Revenue Estimates for • contributions by developers for design and installation of traffic signal at Jamboree Road and Island Lagoon Drive; Contributions Fund. BA -004, $5,000 - Increase in Budget Appropriations for City Hall front lawn landscaping; General Fund. BA -005, $292,545 - Increase in Budget Appropriations and decrease in Unappropriated Surplus for carry -over of Unit I Upper Newport Bay Project erroneously omitted from the 1984 -85 carry -over list; General Fund. BA -006, $1,005 - Transfer in Budget Appropriations for labor, equipment and material to package, transport and dispose of hazardous waste material; Fire - Prevention Fund. BA -007, $15,000 - Increase in Budget PB &R Appropriations and decrease in (62) Unappropriated Surplus for replacement trees on the Balboa Peninsula and Seaview; Park and Recreation Fund. (Report from Parks, Beaches and • Recreation) Volume 39 - Page 279 - CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL I ROLL G July 22, 1985 MINUTES INDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Report from Chief of Police Veh /Trf/ regarding enforcement of Bic three -wheel bicycles, was presented. (85) Motion x Motion was made to direct the Chief of All Ayes Police to report back on October 14, 1985, as to how the new ordinance is working out with regard to enforcement, the number of citations issued, etc. 2. Report from the Fire Chief concerning Weed Abtmt/ the cost of the abatement of weeds and Fire Dpt. other nuisances, was presented. (41) It was pointed out that all property owners affected by this assessment were notified that if they had a protest against said assessment, they could appear at this time and be heard. The City Manager advised that a letter was received just prior to this meeting from H. Seymour Beek, opposing the assessment of $50.00 for weed abatement work at 824 Harbor Island Drive, stating the work was done by the property owner and that the City was notified of same. In view of the foregoing, the Mayor • opened the public hearing and asked if there was anyone wishing to address the Council on this item. Russell Cheek of the Fire Department, addressed the Council and stated that he witnessed the abatement of weeds at the edge of the subject lot by the City's contractor because the work done by the property owner did not meet City standards. However, he did not have any photographs to show the actual work done. Hearing no others wishing to give testimony, the hearing was closed. Motion x Motion was made to waive the assessment Res 85 -50 All Ayes fee of $50.00 against Parcel No. 050- 431 -20, and to adopt Resolution No. 85 -50 confirming the report of Fire Chief and requesting the Auditor- Controller of Orange County to enter the amount of each assessment referred to in said report on the County Tax Roll. • Volume 39 - Page 280 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL July 22, 1985 MINUTES IId11F Y H. ORDINANCES FOR ADOPTION: • 1. Proposed ORDINANCE NO. 85 -20, being, Ord 85 -20 Curfew AN ORDINANCE OF THE CITY OF NEWPORT Legislation/ BEACH AMENDING THE PROVISIONS OF PD CHAPTER 10.36 PERTAINING TO CURFEW, (48/70) was presented for second reading and adoption, with report from City Attorney dated July 3, 1985. Letter from Jan Knowlton with suggestions for "workable" options to an overall curfew, was presented. Letter from Dayna Pettit expressing appreciation by the Balboa Peninsula Point and Balboa Improvement Associations for Council's efforts, and supporting the curfew ordinance, was presented. The City Clerk reported that after the agenda was printed, a letter was received from Judith Lang in support of the curfew ordinance. In addition, letters were received from the Balboa Improvement Association and Balboa Peninsula Point Association, requesting the curfew be changed from 11 p.m, to 10 • P.M. Dorothy Hardcastle, resident, addressed the Council and distributed a copy of a letter she had written to the Editor of the Daily Pilot in response to an article which had appeared in the newspaper regarding comments made by Police Chief Gross at a Speak Up Newport meeting on July 10. Mrs. Hardcastle stated that she was in favor of the 10 p.m. curfew rather than the 11 p.m. curfew, and does not believe it is the City's responsibility to provide evening entertainment for the youth of Orange County. She stated it was perfectly understandable for young people to patronize the beach during daytime hours; however, to use the City in such a manner in the evening which would not be acceptable in their own home town, is not an activity the City needs to foster. She urged the Council to accept the recommendation of the Police Department for a 10 p.m, curfew. • Volume 39 - Page 281 CITY OF NEWPORT BEACH COUNCIL MEMBERS ' O� X99 CG3 9G9 y,�� t�9'` c�F Cpl Gad' ��A �� yip July 22, 1985 Motion • Motion x Ayes x Noes x o n X x Ayes Noes x Motion x Ayes x Noes r x x x x X x x x x x x x Ix Motion was made to adopt Ordinance No. 85 -20 with an 11 p.m. curfew. Council Members Strauss, Heather and Agee expressed their reasons for supporting an 11 p.m. curfew. Mayor Maurer and Council Members Hart, Plummer and Cox gave their reasons for favoring a 10 p.m, curfew. MINUTES During course of discussion, it was pointed out by the Police Chief that the department has a change in shift of hours between 11:30 and 11:45 p.m. Therefore, if an 11 p.m. curfew was approved, the police officers enforcing the curfew initially would be replaced with a new shift, which could present some difficulty regarding enforcement. It was also indicated by the Police Chief that it takes approximately 30 minutes to actually put a curfew into operation once initial contact has been made. Substitute motion was made to reintroduce Ordinance No. 85 -20 with a 10:30 p.m. curfew, which motion FAILED. Substitute motion was made to reintroduce Ordinance No. 85 -20 with an 11 p.m. curfew for minors between the ages of 16 and 18 years old, and a 10 p.m. curfew for persons younger than 16 years of age, which motion FAILED. The motion on the floor made by Council Member Heather to adopt Ordinance No. 85 -20 with an 11 p.m. curfew was voted on and FAILED. In view of the foregoing, motion was made to reintroduce Ordinance No. 85 -20 with a 10 p.m. curfew, which motion carried. I. CONTINUED BUSINESS: 1. Report from Public Works Department regarding EXTENDED CONSTRUCTION HOURS AT 2901 WEST COAST HIGHWAY (JOHN DOMINIS RESTAURANT), was presented. The City Manager noted that the structurally required monolithic concrete pour is scheduled from 6 p.m. Friday, September 13, through noon, Saturday. September 14. Volume 39 - Page 292 - Curfe10 Legislation (26) x x x x x x x x x x x x x x X x x x x x x x Ix Motion was made to adopt Ordinance No. 85 -20 with an 11 p.m. curfew. Council Members Strauss, Heather and Agee expressed their reasons for supporting an 11 p.m. curfew. Mayor Maurer and Council Members Hart, Plummer and Cox gave their reasons for favoring a 10 p.m, curfew. MINUTES During course of discussion, it was pointed out by the Police Chief that the department has a change in shift of hours between 11:30 and 11:45 p.m. Therefore, if an 11 p.m. curfew was approved, the police officers enforcing the curfew initially would be replaced with a new shift, which could present some difficulty regarding enforcement. It was also indicated by the Police Chief that it takes approximately 30 minutes to actually put a curfew into operation once initial contact has been made. Substitute motion was made to reintroduce Ordinance No. 85 -20 with a 10:30 p.m. curfew, which motion FAILED. Substitute motion was made to reintroduce Ordinance No. 85 -20 with an 11 p.m. curfew for minors between the ages of 16 and 18 years old, and a 10 p.m. curfew for persons younger than 16 years of age, which motion FAILED. The motion on the floor made by Council Member Heather to adopt Ordinance No. 85 -20 with an 11 p.m. curfew was voted on and FAILED. In view of the foregoing, motion was made to reintroduce Ordinance No. 85 -20 with a 10 p.m. curfew, which motion carried. I. CONTINUED BUSINESS: 1. Report from Public Works Department regarding EXTENDED CONSTRUCTION HOURS AT 2901 WEST COAST HIGHWAY (JOHN DOMINIS RESTAURANT), was presented. The City Manager noted that the structurally required monolithic concrete pour is scheduled from 6 p.m. Friday, September 13, through noon, Saturday. September 14. Volume 39 - Page 292 - Curfe10 Legislation (26) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CA: S q 1i y ti 9 ROLL July Motion w yes Motion All Ayes • • MINUTES 22, 1985 IN... -EX U/P 1023(A) x Motion was made to uphold staff's recommendation for extended construction hours, as set forth in the foregoing. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: x 1. Motion was made to schedule public hearing on August 26, 1985, for Use Permit No. 1023(Amended), Union Oil Company of California. Meeting adjourned at 8:45 p.m. ayor ATTEST: City Clerk IPO c�crFOa�'�r Volume ;19 - Page 28 3 IN... -EX U/P 1023(A)