HomeMy WebLinkAbout10/14/1991 - Regular MeetingPresent x
Absent
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Motion
Ayes x
Abstained
Motion
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Motion
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CITY OF NEWPORT BEACH
Xi x l x l Xi x l xi
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: October 14, 1991 INDEX
A.
x
x
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Members Cox and Plummer were excused
x
from this meeting, as they are
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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
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CITY OF NE'WRT BEACH
October 14, 1991
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(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
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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
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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
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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
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[',l `
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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
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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
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Motion
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CITY OF NEWPORT BEACH
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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
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Motion
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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
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COUNCIL MEMBERS MINUTES
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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
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\ \\ 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