HomeMy WebLinkAbout05/26/1987 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
REGULAR COUNCIL MEETING
AGp �(� y4p� PLACE: Council Chambers
', 9 9� TIME: 7:30 P.M.
ROLL CALL G�+ DATE: May 26, 1987
II
Present
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A. ROLL CALL.
Absent
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ion
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B. The reading of the Minutes of the
0 Ayes
Meeting of May 11, 1987, was waived,
approved as written, and ordered filed.
Motion
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C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing
Weed
regarding WEED ABATEMENT PROGRAM.
Abet
(41)
Report from the Fire Chief dated May 11,
1987, was presented.
Letter from BYCO, INC., objecting to
weed abatement assessment on property
located at 3399 W. Coast Highway,
Newport Beach, was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res
Ayes
87 -66 ordering the Fire Chief to abate
weeds and other public nuisances
existing upon streets, alleys,
sidewalks, parkways and private property
within the City.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on June 8, 1987:
(a) Proposed ORDINANCE NO. 87 -13,
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being,
ubl
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AN ORDINANCE OF THE CITY
kppe
COUNCIL OF THE CITY OF NEWPORT
kbat
BEACH AMENDING SECTION
(41)
1.0.50.060 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
PUBLIC NUISANCE ABATEMENT
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APPEAL. (Report from
Assistant City Attorney)
Volume 41 - Page 201
87 -66
87 -13
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
May 26, 1987
MINUTES
87 -68,
n of
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(90)
Juvenile
rt Work
-2286
38)
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2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
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(b) Resolution No. 87 -68 ordering the
summary vacation of street
right -of -way adjacent to and
contiguous with 922 Ocean Front;
and directing the City Clerk to
have said resolution recorded by
the Orange County Recorder.
(Report from Public Works
Department)
3. CONTRACTS/AGREEMENTS:
(a) Approve Agreement regarding City
use of Orange County Juvenile Court
Work Program (C- 2286). (Report
from General Services Department)
(b) Authorize the Mayor and City Clerk
to execute an Agreement approving
the distribution of Adult Sports
Team Standings to team managers on
stationery supplied by Sgt.
Pepperoni's Pizza Store, Inc.,
which includes a $500 fee to
partially offset annual awards
expenditures. (Report from Parks,
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Beaches and Recreation Department)
(c) Authorize the Mayor and City Clerk
to execute an Agreement with Schock
Boats approving Schock's use of
floats and access ramps bayward of
the 29th Street end in exchange for
Schock's provision of sailboats for
use in the City's instructional
sailing program. (Report from
Parks, Beaches and Recreation
Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Pending Legislation and
Procedural Ethics Committee, letter
from City of San Clemente urging
support for opposition to Mandatory
District Elections, Assembly Bill
2190 (Cbacon).
(b) To Traffic Affairs Committee for
response, letter from Frank
Eisendrath regarding Santa Ana
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Heights traffic congestion at the
intersection of Mesa and Irvine and
Irvine••Campus and Bristol during
the peak hours.
Volume 41 - Page 202
87 -68,
n of
R -O-W
(90)
Juvenile
rt Work
-2286
38)
se of
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lation
Cmte
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
May 26, 1987
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(c) To City Manager for placement on
the 1987 -88 Budget Checklist,
letter from Arts Commission
concerning disposition of the
Reserve Fund for Culture and Arts.
(Report: from the Executive
Assistant to the City Manager)
COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Request: for additional passenger
stage authority from Metropolitan
Paratransit Co., Inc., dba
Celebrity Airport Livery before the
California Public Utilities
Commission.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Gary Cunningham alleging damage to
vehicle. by City Police Officer on
April 8, 1987 at 1128 W. Balboa
Boulevard.
(b) Pacific Bell alleging their conduit
was damaged by tractor skip loader
being operated by Fleming
Engineering, while removing
abandoned storm drain at Pacific
Coast Highway and Begonia on March
4, 1987 for City while under
contract.
(c) Pacific Bell alleging Dutra
Dredging Company scraped their
trunk cable which caused
out -of- service to customers at Back
Bay Drive near 1842 Galaxy Drive on
March 11, 1987.
(d) Estrella Johnson for personal
injuries and property damage as a
result of traffic accident on
February 3, 1987 at intersection of
SR -1 and Irvine Terrace, alleging
traffic signal not operating
correctly.
(e) Ron R. and Nicole E. First alleging
damages to vehicle as a result of
being rear -ended by City refuse
truck on February 17, 1987 at
Pacific Coast Highway and Riverside
Avenue.
Volume 41 - Page 203
Checklist/
Arts Cmsn
(25)/(24)
Bell
Bell
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
May 26, 1987
MINUTES
(f) Carolyn Roquet alleging damage to
Roquet
carpet:, etc., as a result of sewer
backup at 415 Bayside Drive on
February 21, 1987.
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(g) Joseph and Barbara Ziereis alleging
Ziereis
negligence, loss of consortium,
mental. distress, etc., as a result
of toxic chemical fire which
occurred on February 22, 1987.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve two Refuse Crewworkers,
Refuse Division.
9. STAFF AND COMMISSION REPORTS
For Council information and approval:
(a) Report from City Attorney regarding
O'Donnell &
estimate of legal services for
Gordon
O'Donnell & Gordon (C -2331) from
C -2331
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May 1, 1987 through June 30, 1987.
(38)
(b) Report from the Planning Department
Planning
regarding ACTIONS TAKEN BY THE
Cmsn
PLANNING COMMISSION ON MAY 7, 1987.
(24)
(c) Report from Utilities Director
Sale of
concerning SALE OF EXCESS WATER ON
Excess Water
A MONTH -TO -MONTH BASIS TO THE
(89)
HUNTINGTON BEACH WETLANDS
CONSERVANCY.
(d) Report from the City Manager
Council
concerning AMENDMENT (LENGTH OF
Policy A -10
CITY COUNCIL MEETINGS) TO CITY
(69)
COUNCIL POLICY A -10, "PROCEDURAL
RULES FOR THE CONDUCT OF CITY
COUNCIL MEETINGS."
10. PUBLIC HEARING SCHEDULING - For June 8,
1987:
(a) Preliminary Budget for the Fiscal
Budget /Rev
Year 1987 -88, pursuant to Section
Sharing
1102 of the Newport Beach City
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Charter; and proposed expenditures
from the Federal Revenue Sharing
Funds for Fiscal Year 1987 -88.
Volume 41 - Page 204
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
May 26, 1987
11. RESUBDIVISION NO. 843 - Approve a
subdivision agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 843 (lot
1, Block 433, Corona del Mar, located at
421 Goldenrod Avenue on the
northwesterly corner of Goldenrod Avenue
and First Avenue, in Corona del Mar);
and authorize the Mayor and City Clerk
to execute subject agreement. (Report
from Public: Works Department)
12. USE PERMIT NO. 3160 (AMENDED) - Approve
a use permit agreement guaranteeing
completion of the public improvements
required with Use Permit No.
3160(Amended) [parcel 1 of Parcel Map
83 -13, Resubdivision No. 467, located at
900 West Coast Highway, on the northerly
side of West Coast Highway, across the
street from the easterly end of the
Balboa Bay Club]; and authorize the
Mayor and City Clerk to execute subject
agreement. (Report from Public Works
Department)
13. TRACT 9676 - Approve an agreement for
nonstandard. street improvements for Sea
Vista Drive with the Lusk Company and
the Island Lagoon Homeowners Association
(a portion of blocks 55 and 94, Irvine's
Subdivision. located at 1100 Jamboree
Road, on the easterly side of Jamboree
Road across from the Newporter Inn);
approve an agreement for Island Lagoon
Drive with the Island Lagoon Homeowners
Association.; and authorize the Mayor and
City Clerk to execute subject agreements
to be recorded with the Orange County
Recorder. (Report from Public Works
Department)
14. RESUBDIVISION 814 - Approve a
subdivision. agreement guaranteeing
completion of the public improvements
required with Resubdivision 814 (lots 21
and 22, block 331, Lancaster's Addition,
located at 418 and 420 31st Street, on
the southerly side of 31st Street
between Villa Way and Newport Boulevard
in Cannery Village); and authorize the
Mayor and City Clerk to execute subject
agreement. (Report from Public Works
Department)
Volume 41 - Page 205
Resub 843
(84)
(88)
Permit
9676
814
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
May 26, 1987
MINUTES
15. THE TERRACES SIGN ON DEDICATED PARK
"The
PROPERTY - Approve the request of The
Terraces"
Irvine Company to construct a
Sign/Park
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directional sign for "The Terraces" on
the dedicated park property adjacent to
Property
(62)
the north wing of Oasis Senior Center
subject to conditions in the staff
report. (Report from Parks, Beaches and
Recreation Department)
16. SPECIAL EVE14T PERMIT APPLICATION NO.
Permit/
87 -117 - Uphold staff's recommendation
Special Evnt
for approval, subject to conditions
Apli#87 -117
listed in the staff report, for use of
(65)
public beach and amplified sound for the
Chamber of Commerce, Parks, Beaches and
Recreation Department for Irrelevant
Week at 15th Street Bay Beach, American
Legion Post on Thursday, June 25, 1987.
(Report from Business License
Supervisor)
17. BUDGET AMENDMENTS - For approval:
BA -094, $101,000 - Transfer in Budget
Appropriations for development of a
public education and public awareness
program in Water Quality;
Marine- Services, Professional,
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Technical, etc. Fund.
BA -095, $2,000 - Transfer in Budget
Publications
Appropriations to provide for membership
6 Dues Fund
in the Southern California Group
(25)
Benefits Joint Powers Agreement;
Nondepartmental- Publications and Dues
Fund. (Memorandum from Personnel
Director)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
(a) Proposed Resolution No. 87 -67
Manager
authorizing the City Manager to
Execute
execute: certain contracts on behalf
Certain
of the City with a report from the
Contracts
City Attorney, was presented.
(34)
The City Attorney advised that the
subject resolution has been revised
since the distribution of the
agenda packet, and that an
additional paragraph has been added
authorizing the City Manager to
enter into contracts with public
agencies or private entities for
law enforcement or other services
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provided the contract price does
not exceed $30,000.00.
Volume 41 - Page 206
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
May 26, 1987
MINUTES
Motion
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Motion was made to adopt Resolution
Res 87 -67
All Ayes
No. 87 -67 as amended.
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H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 87 being,
-10,
AN ORDINANCE OF THE CITY OF NEWPORT
Emergency
BEACH AMENDING SECTION 2.20 OF THE
Curfew
NEWPORT BEACH MUNICIPAL CODE
(28)/(70)
PERTAINING TO EMERGENCY SERVICES
AND PROCLAMATIONS,
was presented for second reading with
report from the City Attorney, dated May
5, 1987.
Ron Winship, 2606 Vista Del Oro,
addressed the Council in opposition to
the proposed ordinance, and requested
that it be given further study. He
stated he felt the intent of the
ordinance was something of an
"over - reaction ", and could lead to some
litigation in the future.
The City Attorney, in response to above
comments, stated that the existing
ordinance, as well as the proposed
ordinance, are both authorized by State
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law, and that no major changes are being
made at this time. He stated that the
purpose of the proposed ordinance is to
be more specific regarding the need for
more wide - spread publicity of any curfew
order, and making specific the time
limits on the duration of the emergency
prior to City Council ratification of
both the emergency order and any
declarations that pertain thereto.
Valerie Fryer, 4105 Seashore Drive,
addressed the Council and stated that
she was very proud to live in Newport
Beach, and did not feel there should be
so much concern over the need for
emergency measures by the Police
Department. She indicated she felt the
attitude of the Police Department could
be improved, and that some of their
actions over the past July 4th holiday
were unnecessary and unjustified.
Roger Fryer, 4105 Seashore Drive,
addressed the Council and stated that he
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has witnessed over 21 4th of July
Volume: 41 - Page 207
COUNCIL MEME
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CITY OF NEWPORT BEACH
MINUTES
May 26, 1987
celebrations from his property, and has
seen more harassment by the Police
Department in the last two years than
ever before. He indicated he felt his
property rights have been infringed upon
and that many of the residents and /or
visitors in the area were treated
unfairly by the Police Department.
Jerry Burnheimer, resident of 36th
Street, addressed the Council and spoke
in support of the actions taken by the
Police Department during past 4th of
July activities, and stated he has never
seen any undue physical abuse by the
Department. He stated he also felt the
proposed ordinance being considered was
necessary, and would urge its approval.
Gerry Mandersen, 711 W. Balboa
Boulevard, addressed the Council and
spoke in support of the Police
Department. He stated he has resided in
Newport Beach for 10 years, and feels
the Council should "take the bull by the
horn" and enable the Police Chief to
have the necessary tools with which to
enforce and carry -out the
responsibilities of the Department.
Hearing no others wishing to address the
Council, motion was made to adopt
Ordinance No. 87 -10.
2. Proposed ORDINANCE NO. 87 -11, being,
Ord 87 -10
AN ORDINANCE OF THE CITY OF NEWPORT Offenses/
BEACH AMENDING SECTION 10.28.010 OF INuisances
THE NEWPORT BEACH MUNICIPAL CODE (70)
PERTAINING TO LOUD AND UNREASONABLE
NOISES,
was presented for second reading with
report from the City Attorney (see
report with H -1, above).
Ron Winship, 2606 Vista Del Oro,
addressed the Council in opposition to
the proposed ordinance. He stated he
felt the ordinance was subjective, and
that there is "nothing wrong with the
existing ordinance."
Mayor Cox pointed out that the majority
of the ordinances adopted by the Council
are a direct result of citizen requests
and /or complaints, and are in response
to the desires of the public. He also
Volume 41 - Page 208
COUNCIL MEMBERS
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Motion
All Ayes
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
May 26, 1987
noted that prior to consideration of an
ordinance, the City Attorney reviews the
issue in terms of its legality,
enforcement, etc., before presenting to
the Council
Motion was made to adopt Ordinance No. IOrd 87 -11
87 -11.
3. Proposed ORDINANCE NO. 87 -12, being,
AN ORDINANCE OF THE CITY OF NEWPORT Vehicle
BEACH AMENDING SECTION 12.32 OF THE ITraffic
NEWPORT BEACH MUNICIPAL CODE BY Check Points
ADDING PROVISIONS ESTABLISHING (85)
VEHICLE TRAFFIC CHECK POINTS ON
BALBOA PENINSULA,
was presented for second reading with
report from the Police Department, dated
May 4, 1987.
Ron Winship, 2606 Vista Del Oro,
addressed the Council in opposition to
the proposed ordinance. He stated that,
in his opinion, anytime you take away
civil liberties it does not work, and
that eventually someone will challenge
the City with regard to this ordinance
and it could cost the City a great deal
of money in the long -term.
Council Member Maurer spoke in support
of establishing vehicle traffic check
points on the Peninsula, advising that
many years ago the Police Department had
to establish similar check points on
Balboa Island during Easter Week. He
stated that by enacting such emergency
measures, they were able to solve their
problems on the Island during that time.
He also commented that the ordinance
enabling that action was never
challenged in court.
Motion was made to adopt Ordinance No. IOrd 87 -12
87 -12.
I. CONTINUED 13USINESS:
None.
J. CURRENT BUSINESS:
1. Hearing on the APPEAL OF NOTICE OF ubl
EXISTENCE OF A PUBLIC NUISANCE ON uis
PROPERTY AT 1918 DOVER DRIVE (NBMC ppe
Section 10.50.020) by Elmer Thomassen. 1(41)
Volume 41 - Page 209
COUNCIL MEMBERS
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
May 26, 1987
The City Clerk distributed copies of
Proposed Findings and Decision, and
Response to Motion to Recuse, as
prepared by the City Attorney.
The City Attorney recommended that the
City Council make a decision on the
Appellant's Motion to Recuse the City
Attorney, which if approved, would
disqualify the City Attorney from
representing the Police Department in
this hearing.
Motion was made to deny the Appellant's
Motion to Recuse the City Attorney.
Elmer H. Thomassen, Appellant, 1918
Dover Drive., addressed the Council and
submitted copies to the City Clerk of
Objections to Stipulation Regarding
Issues and Procedures.
The City Attorney advised that the City
has previously sent to the Appellant, a
proposed Stipulation regarding the
procedures of this hearing, which was
never returned, however, he would at
this time be agreeable to stipulate a
set of procedures which would allow the
hearing to proceed in a manner
acceptable to the Appellant.
The Appellant stated that he was denied
a hearing before the Enforcement
Officer, and received no formal denial
of his request for such hearing. He
also stated. he has not had an
opportunity to interview the witnesses
and therefore objected to the
proceedings.
There being; no objections from the
Council, the City Attorney requested a
brief recess at this time to confer with
the Appellant.
The meeting; reconvened wherein the City
Attorney reported that he and the
Appellant had reached an agreement
whereby this hearing will be continued
to July 27, 1987, and within that 60 -day
period, Dr. Thomassen will make all
Volume 41 - Page 210
(41)
COUNCIL MEMBERS
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
May 26, 1987
reasonable efforts to clean up the
elements of the nuisances identified by
staff to the Appellant; an inspection of
the property will be made in 30 days
from this date to determine if progress
has been made to abate said nuisances;
and an inspection at the end of the
60 -day period to determine if the
nuisance no longer exists. If the
Appellant has made reasonable progress
within the 60 -day period, the
Enforcement Officer will have the
ability to extend the hearing date to
sometime greater than the 60 -day period.
The Appellant stated that he agreed to
the conditions as set forth by the City
Attorney.
Motion was made to continue this hearing
to July 27, 1987.
Meeting adjourned at 8:40 p.m.
ATTEST:
City Clerk
The agenda for this meeting was
posted on Thursday, May 21, 1987,
at 9:15 a.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
Volume 41 - Page 211
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