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HomeMy WebLinkAbout06/13/1988 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS �G Af �O Present Ix lx Ix I xI xl x1 x All Ayes n A Ayes • Mction All Ayes x Ix REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 13, 1988 A. ROLL CALL. MINUTES B. Reading of Minutes of Meeting of May 23, 1988 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 titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding proposed ORDINANCE NO. 88 -17, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF SECTIONS 20.30.035B, 20.30.040B, AND 20.63.045A OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO ESTABLISHING A NEW OFF- STREET PARKING REQUIREMENT FOR PUBLIC ASSEMBLY USES; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT NO. 662], was presented for second reading with report from the Planning Department. The City Manager summarized the staff report and noted that if the proposed amendment is approved, one parking space will be required for each three seats in public assembly areas, rather than one parking space for each five seats, as is now required by Code. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 88 -17, amending provisions of Sections 20.30.035B, 20.30.040B, and 20.63.045A of the Newport Beach Municipal Code, and the acceptance of an Environmental Document. 2. Mayor Cox opened the public hearing regarding a request of the RESIDENTS OF PORT BISHOP CIRCLE, Newport Beach, to CONSIDER A STREET NAME CHANGE from "PORT BISHOP CIRCLE" to "PORT TOWNSEND CIRCLE" in the HARBOR VIEW HILLS PLANNED COMMUNITY; being a portion of Tract No. 7030, on property westerly of Newport Hills Drive East, between Port Carney Place and Port Bishop Place. Volume 42 - Page 213 (94) 88 -17 Off -St Rqrms/ 662 treet Name (83) Cr COUNCIL MEMBERS A\OX l Motion All Ayes 1* x CITY OF NEWPORT BEACH MINUTES June 13, 1988 Report from the Planning Department, was presented. The City Manager summarized the staff report and noted that all owners of the property adjacent to the subject street were in concurrence with the request for the proposed street name change. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to sustain the action of the Planning Commission and adopt Resolution No. 88 -43 changing the name of,Port Bishop Circle to Port Townsend Circle. 3. Mayor Cox opened the public hearing and City Council review of USE PERMIT NO. 3120(A), a request of ROBERT AND ELLEN CHANG, Balboa, approved by the Planning Commission on May 5, 1988, to amend a previously approved use permit which allowed the reconstruction and expansion of the BALBOA FUN ZONE, located at 600 Edgewater Place, on property in Central Balboa, bounded by East Bay Avenue, Washington Street, Palm Street, and Newport Bay; zoned C -1. The proposed amendment consists of changing the operational characteristics of an existing take -out restaurant so as to permit incidental on -sale beer and wine. Report from the Planning Department, was presented. Council Member Strauss referred to page 2 of the staff report, where it stated that "Staff was not able to conceive of findings for denial in this particular case, since the applicants' request to serve beer and wine with meals is similar to many other use permits that have been approved by the City on the Balboa Peninsula, and in the Fun Zone, (i.e., Milano's Restaurant)" and commented that he felt it was not a good policy for staff to make such a statement. He also felt there was an inconsistency in the report with regard to the sale of beer and wine within the Fun Zone. In response to comments of Council Member Strauss, the Planning Director advised that the Planning Commission has directed the Planning Department staff to not make anymore recommendations, and has given the staff very specific Volume 42 - Page 214 Res 88 -43 J/P 3120(A) Fun Zn Expnsn (88) w COUNCIL MEMBERS \ • • • CITY OF NEWPORT BEACH MINUTES June 13, 1988 direction as to how the staff should prepare findings for approval and conditions and findings for denial. As to the apparent inconsistencies in the staff report, he stated that at one time there was a beer and wine license for Milano's Italian restaurant in the Fun Zone, which had been granted by the Planning Commission. In the past year, Milano's has gone out of business so there is no longer a restaurant with on -sale beer and wine in the Fun Zone. Council Member Strauss indicated his dissatisfaction with the Planning Commission's directive to no longer allow the Planning Department staff to make recommendations, and stated this could be a subject the City Council may want to look into further. He felt staff recommendations were helpful, even though some Council Members may not agree with a particular recommendation. With regard to the subject application, Council Member Strauss stated that this use permit, as originally granted, did not include the sale of beer and wine, and inasmuch as the Fun Zone is basically a family -type atmosphere, he will oppose the request. Council Member Sansone stated that he has talked with many of the business operators in the Fun Zone area, and understands it is very difficult for some of them to "make ends meet" due to the high cost of rent, parking requirements, and seasonal business, and therefore, the sale of beer and wine would bring increased revenue to help offset some of these hardships. Bruce Wank, owner of the Balboa Fun Zone, addressed the Council in support of the subject application. He stated that the Change are the third operators in two years of the Chinese restaurant, and it is a family -owned business that works very hard to pay the rent. He stated that he has hired a full -time security guard for the Fun Zone, as well as a full -time maintenance person. Fair Chang, daughter of the applicants, addressed the Council in support of their request. She stated that their restaurant faces Bay Street and, therefore, does not get the amount of pedestrian traffic as other businesses In the Fun Zone, and is one of the Volume 42 - Page 215 /P 3120(A) alboa Fn n Expnsn CITY OF NEWPORT BEACH COUNCIL MEMBERS G� CG 4P C¢ Motion x Ayes x x x x x x Noes x All Ayes • MINUTES June 13, 1988 reasons for their request to sell beer and wine. She stated that their hours of operation are from 11:00 a.m. to 10:00 P.M. Hearing no one else wishing to address the Council., the public hearing was closed. Motion was made to sustain the action of the Planning Commission, and grant the application. Council Member Strauss commented that he would like to see some type of "limitation" put on the number of businesses allowed to sell beer and wine and hard liquor in the Balboa Fun Zone and Peninsula area, and suggested this be an item for study by the Planning Department, Planning Commission and City Council. 4. Mayor Cox opened the public hearing on Budget FY PRELIMINARY BUDGET FOR FISCAL YEAR '88- 89 /CDBG 1988 -89, AND PROPOSED EXPENDITURES FROM (25) THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND. Report from the City Manager concerning Checklist Items, was presented. Request from Leadership Tomorrow for financial contribution, was presented. The City Council straw -voted the 1988 -89 Budget Checklist as follows: Data Processing (Process Parking Citations - General Fund) 1) Senior Account Clerk 2) Health & Life Insurance 3) Workers' Compensation & Unemployment Insurance 4) Retirement $23,980 3,405 50 3,015 $30,450 Nondepartmental (Arts Commission- General Fund) Carl Neisser, City Arts Commissioner, addressed the Council and stated that the Commission reviewed seven applications from Cultural Arts organizations and recommend the following allocations be approved: Volume 42 - Page 216 COUNCIL MEME ��G y � f • All Ayes • All Ayes All Ayes • Ayes CITY OF NEWPORT BEACH MINUTES June 13, 1988 1) Newport Harbor Art Museum $33,000 2) South Coast Repertory 12,000 3) Imagination Celebration 500 4) Orange County Philharmonic 3,500 5) Newport Theatre Arts Center 3,500 6) Corona del Mar Baroque Festival 2,500 $55,000 Deborah Polansky, City Arts Commissioner, addressed the podium and answered questions of Council Member Plummer regarding the Commission's recommendations concerning Imagination Celebration and Orange County Arts Alliance. David T. Blankenhorn, Treasurer of South Coast Repertory, addressed the Council in support of their request. He discussed the benefits of South Coast Repertory to the City, and stated that 31 of their 45 trustees are from Newport Beach; 7,500 residents subscribe to their program; 3,000 students benefitted from its youth program; and that a gift from the City is very important to their budget. Regarding the request of the Newport Harbor Art Museum, Council Member Plummer commented that for two consecutive years, the Art Museum has received two- thirds of the budget for Cultural Arts, and she does not feel it is the City Council's intention to support one organization in this capacity. She stated she would hope that next year the Arts Commission will do a better job of "dividing up the pot." Nondepartmental (Bike Trails Committee- General Fund) 1) Bike Tour $ 1,000 Nondepartmental Fund 1) Airport Site Coalition Study $50,000 Police - Traffic (Process Parking Citations - General Fund) 1) Hearing Officer $12,700 Volume 42 - Page 217 Budget FY '88- 89 /CDBG COUNCIL MEMBERS Hof \� • CITY OF NEWPORT BEACH All Ayes Ayes x x x x x x Noes x Ayes Noes IX IX (x Ix Ix Ix Ix • All Ayes All Ayes • MINUTES June 13, 1988 Fire - Prevention 1) Clown Costume $ 11000 Council Member Plummer advised that she had discussed this item with the Fire Chief, and that he had no objection to deleting it from the Checklist, as he felt he could obtain private funding from the community. There being no objections, it was so ordered. Marine (General Fund) 1) Water Quality Study $ 10,000 Capital Improvements (General Fund) 1) Construct 800 sq. ft. City Hall Offices $150,000 2) Rocky Point Retaining Wall, Sidewalk, Curb 8 Gutter $260,000 The Public Works Director explained that Rocky Point- is on the north side of Pacific Coast Highway, just easterly of the boat dealership. The bluff rises from the highway very close to the highway right -of -way and there is no curb or sidewalk in that reach of highway. The project proposed is to construct a retaining wall, which accounts for the major part of the cost, to allow sufficient width to construct curb and sidewalk on that side of the highway. Mayor Pro Tem Hart stated this was a project she has been waiting to get approved for years, primarily for safety reasons, and hoped the Council would support it. 3) MacArthur Boulevard Sidewalk (General Fund) $ 42,000 Northerly of Harbor View Drive Leadership Tomorrow,(General Fund) $ 5,000 Ellen Wilcox, 2027 Deborah Lane, representing Leadership Tomorrow, addressed the Council in support of their request. She stated that they were very appreciative of the City's contribution of $5,000 last year, which helped to get their organization off the Volume 42 - 218 Budget FY '88- 89 /CDBG COUNCIL MEMBERS I\R • CITY OF NEWPORT BEACH MINUTES June 13, 1988 ground. They have been able to cut their budget due to the amount of volunteers, but they still need scholorship and operational funding. The reason they changed their name from Leadership Newport to Leadership Tomorrow was because other cities were hesitant to give financial assistance. Council Member Strauss commented that the City's contribution of $5,000 last year was to "seed" something worthwhile, and he does not feel the City should continue to fund this organization once it has been "launched." Proposed Marian Bergeson Aquatic Center (Parks, Beaches & Recreation Fund) $625,000 Ralph Rodheim, Chairman of the proposed aquatic center, addressed the Council and explained their fund - raising efforts. He stated that even though the pool will be constructed on school district property, it is hoped it will be a joint school /City project. He described the rendering on display of the aquatic complex, and the programs they hope to provide to residents of the community. The following persons addressed the Council in favor of the proposed aquatic center: Thomas C. Sutton, 1982 Port Edward Cr., President of Pacific Mutual; Doug Ford, 1824 Port Stanhope; Garth Bergeson, 1721 Tradewinds Ln., husband of Senator Marian Bergeson; Derek Dundas, 1944 Port Cardiff P1., Swim Student at Corona del Mar High School; Russell Hardt, 1865 Port Margate P1.; Sally Edmunds, 1205 Outrigger Dr., former swim teacher; David Blankenhorn, 2641 Alta Vista Dr.; Phil Glasgow, Vice Chairman of Newport Harbor Area Chamber of Commerce; Walter Howald, 1948 Port Albans; and Royal S. Radtke, President of Corona del Mar Chamber of Commerce Mr. Rodheim addressed the Council again, and stated he felt this project will be very cost- effective. He stated the Parks, Beaches. and Recreation Commission, after many hours of deliberation, voted unanimously to Volume 42 - Page 219 Budget FY 188- 89 /CDBG COUNCIL MEMBERS • Motion x CITY OF NEWPORT BEACH MINUTES June 13, 1988 recommend approval of their request, Budget PY postponing two other "much- needed" City '88- 89 /CDBG projects. He stated this project is community supported and that contributions of any denomination will be accepted. Jim Tucker„ Treasurer of the committee to raise funds for the proposed aquatic center, addressed the Council and stated that to- dare, they have received $156,000 in pledges and cash, and have $32,,000 in the bank. There being no further comments, it was suggested the Council straw -vote approval of an allocation of $625,000, over a three -year period, subject to the condition that a joint powers agreement be reached by both parties for joint use of the aquatic facility. Included in this action would be the deletion of the asphalt pathway at Eastbluff Park, ($85,000) and the deletion of the replacement restroom at Eastbluff Park ($125,000). Council Member Turner stated that he was in concurrence with the need for a joint powers agreement, but would prefer to lower the contribution to $312,500 (approximately 25% of the project), as he felt there were other priority projects in the City where such funds could be used, i.e., upgrading the City's central library system, teen center, etc. Mayor Pro Tem Hart stated that she was enthusiastic about being a partner with the school district in this joint venture, and recommended a sum of $440,000 be approved for this project, one -half to come from this year's budget, and $110,000 for each two years thereafter. Council Member Strauss stated he felt a joint powers agreement should be approved by the City Council prior to commiting the City to any funding. He also thought the City should match the funds from community contributions as the project progresses. In response to question raised by Council Member Plummer regarding the cost of maintaining the proposed aquatic pool, Jim De Boom, President of the Board of Education, addressed the Council and stated that they are agreeable to a joint powers agreement Volume 42 - Page 220 COUNCIL MEMBERS CITY OF NEWPORT BEACH June 13, 1988 MINUTES Budget FY '88- 89 /CDBG for joint use of the aquatic facility, and that they presently have funds for certain facilities that they cannot use for operations, which could be used for • pool maintenance. He stated he thought the money would be there when needed, and urged the Council to support their request. Karen Evarts, Chairman of the Library Board of Trustees, addressed the Council and stated that she was supportive of the aquatic center, providing there is a balance in the use of City funds for other priority projects. Ayes x x x There being no further comments at this Noes x x x x time, the recommendation of Mayor Pro Tem Hart to approve a $440,000 allocation, as set forth in the foregoing, was straw -voted and FAILED. Ayes x x x The recommendation of Council Member Noes x x x x Turner to approve a $312,500 allocation was straw -voted and FAILED. Ayes x x x x The recommendation for an allocation of Noes x x x $625,000 spread over a three -year period with the conditions, as set forth in the foregoing, was straw -voted and carried. • Parking Lot Improvement (Bayside Drive and Marguerite Avenue- All Ayes General Fund) $ 35,000 Parking Study (Commercial District of Corona del Mar - All Ayes General Fund) $ 30,000 Community Development Block Grant Funds $407,000 The City Manager stated that several months ago, a public hearing was held on the use of $407,000 of CDBG funds to permit a timely application for the use of the funds. At the conclusion of the hearing, it was recommended that the funds be distributed accordingly: Housing $ 8,000 Social. Services 57,000 Public Works 300,000 Administration 42,000 $407,000 James T. Fuller, 512 30th Street, • representing Sea Education Afloat and Foundation for Sea and Marine Education, addressed the Council regarding disabled access to Newport Harbor. He stated that: they had submitted an Volume 42 - Page 221 Budget FY '88- 89 /CDBG COUNCIL MEMBERS 0`i- .• • • CITY OF NEWPORT BEACH MINUTES June 13, 1999 application for funds in the amount of $145,700 which was reflected in the City staff report as "Redevelopment of Shipyard," with a recommendation of no funding. He felt the interpretation of their application was erroneous, inasmuch as their intention was to create an access marine center for the disabled and the removal of architectural barriers. Duncan Milne, President of American Wheelchair Sailing Association, addressed the Council and stated that their association uses the Sea Education Afloat offices for their headquarters. They have been operating in Newport Bay for approximately one year and have had difficulties finding locations to sail from due to their disabilities. He stated that Bill Hamilton of the Cannery Restaurant has allowed them to use their dock, as well as the Newport Harbor Yacht Club. He stated that none of the City docks are capable of handling the handicapped in wheelchairs, and he felt the Hans Dickman Boatyard best lends itself to being retro- fitted for the disabled. He stated that the Sea Education Afloat organization has entered into a lease - purchase agreement for use of the docks at the Hans Dickman Boatyard, which will culminate next year, and that if funding is approved by the City, this location could be made accessible to the handicapped. The following persons also addressed the Council in favor of this request for funds: Michael Cuppe, Member of Sea Education Afloat Barbara Whitford, 406 Snug Harbor Road Mrs. Stewart Killian, Member of Sea Education Afloat Jan Sherman, Member of Sea Education Afloat Discussion ensued, wherein Council Member Maurer advised that the Tidelands Affairs Committee will be meeting tomorrow and discussing access for the physically handicapped. Following consideration, the staff was directed to report back at the next meeting regarding the subject application, with alternatives as to how it can be addressed. Volume 42 - Page 222 Budget FY '88- 89 /CDBG COUNCIL MEMBERS All Ayes if on Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES June 13, 1988 At this time, the Council straw -voted approval of the 1988 -89 Community Development Block Grant in the amount of $407,000 as recommended. Hearing no others wishing to address the Council, the public hearing was closed and the staff was directed to prepare resolutions reflecting amounts of the budget, including Checklist Items, with said resolutions being presented for formal adoption at the City Council meeting of June 27, 1988. E. PUBLIC COMMENTS: Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed an issue of concern to him regarding the Dory Fisherman Fleet; the importance of providing dock access to the handicapped; and his continued request for additional agenda packets. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - pass to second reading on June 27, 1988: (a) Removed from the Consent Calendar. (b) Proposed ORDINANCE NO. 88 -19, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.58 RELATING TO THE USE OF POLICE SERVICES NECESSARY TO RESPOND TO LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY. (Report from Assistant City Attorney). 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -44 modifying Sign Permit and Residential Building Record Fees in connection with Title 15 of the Newport Beach Municipal Code to become effective July 1, 1988, and rescinding Resolution No. 87 -90. (Report from the City Manager) Volume 42 Page 223 Budget FY '88- 89 /CDBG 88 -19 Srvs/ (70) Res 88 -44 (40) COUNCIL MEMBERS S � �G9�n�4P� o-f �9G • • CITY OF NEWPORT BEACH MINUTES June 13, 1988 (b) Resolution No. 88 -45 modifying Resubdivision and Tentative Map Filing Fees in connection with Title 19 of the Newport Beach Municipal Code to become effective July 1, 1988, and rescinding Resolution No. 87 -91. (Refer to report w /agenda item F -2(a)) (c) Resolution No. 88 -46 modifying Filing, Appeals and other Fees relating to Zoning Actions in connection with Title 20 of the Newport Beach Municipal Code, to become effective July 1, 1988, and rescinding Resolution No. 87 -92. (Refer to report w /agenda item F -2(a)) Fees /Resub TMp Filg Res 88 -45 (40) Fees /Appeals Zoning Res 88 -46 (40) (d) Resolution No. 88 -47 establishing a Fees /BalYcht Revised Schedule of Rates for the Bsn Rates Balboa Yacht Basin effective Res 88 -47 September 1, 1988, and rescinding (40) Resolution No. 87 -83. (Refer to report w /agenda item F -2(a)) (e) Resolution No. 88 -48 amending Fees /Harb Subsection A of Section 12 of the Perm Plcy Harbor Permit Policies relating to Res 88 -48 the Schedule of Fees for Permits to (40) become effective July 1, 1988, and rescinding Resolution No. 87 -88. (Refer to report w /agenda item F -2(a)) (f) Resolution No. 88 -49 establishing Fees /Mooring Mooring Fees and a Late Payment & Late Pnity Penalty pursuant to Section Res 88 -49 17.22.050 of the Newport Beach (40) Municipal Code, and rescinding Resolution No. 87 -87. (Refer to report w /agenda item F -2(a)) (g) Resolution No. 88 -50 modifying the Fees /Cmcl $400 Fee to $420 for Permits for Actv Prmt Commercial Activities on the Waters Res 88 -50 of Newport Harbor to become (40) effective July 1, 1988, and rescinding Resolution No. 87 -85. (Refer to report w /agenda item F -2(a)) (h) Resolution No. 88 -51 modifying the Fees /Anul Annual Pier Fee pursuant to Section Pier 17.33.030 of the Newport Beach Res 88 -51 Municipal Code effective July 1, (40) 1988 and rescinding Resolution No. 87 -86. (Refer to report w /agenda item F -2(a)) Volume 42 - Page 224 COUNCIL MEMBERS moo$ \� • • • CITY OF NEWPORT BEACH MINUTES June 13, 1988 (i) Resolution No. 88 -52 establishing a Revised Inspection Fee Schedule for Services performed by the Fire Department in administering provisions of State Law and the Newport Beach Municipal Code to become effective July 1, 1988, and rescinding Resolution No. 87 -38. (Refer to report w /agenda item F -2(a)) (j) Resolution No. 88 -53 amending resolutions 9597 and 85 -104 by amending the membership of the Aviation Committee. (k) Resolution No. 88 -54 authorizing access to criminal history information for employment or certification purposes. (Memorandum from Personnel Director) (1) Resolution No. 88 -55 prohibiting parking on the northerly side of Balboa Boulevard between 15th Street and 21st Street from 9:00 a.m., to 6:00 p.m., on Saturdays, Sundays, Memorial Day, July 4, and Labor Day, and rescinding Resolution No. 82 -47. (Report from Traffic Affairs Committee) (m) Resolution No. 88 -56 approving certain publications as minimum standards for the City of Newport Beach public works projects, and for projects requiring harbor permits, and approving future supplements to the 1988 Edition of the Standard Specifications for Public Works Construction. (Report from Public Works Department) Res 88 -52 (40) Aviation Ad Hoc Cmte Res 88 -53 (24) Res 88 -54 (66) Im W el Res 88 -55 (63) PW /Std Specs Res 88 -56 (74) (n) Resolution No. 88 -57 establishing JBal Is Ferry the City Council Ad Hoc Balboa Ad Hoc Cmte Island.Ferry Committee; and Res 88 -57 authorizing the,Mayor and City (24) Clerk to execute lease extension to September 30, 1988. 3. CONTRACTS/AGREEMENTS: None. Volume 42 - Page 225 COUNCIL MEME S � IA, • • • CITY OF NEWPORT BEACH June 13, 1988 4. 5. - For referral as indicated: MINUTES (a) To Executive Assistant to the City CATV /Cmty Manager for reply, letter from Cblvsn Jonelle Rosenthal registering (42) complaint at Community Cablevision's "obsolete" programming. (b) Removed from the Consent Calendar. (c) To Planning Commission for inclusion in the records, letters protesting Use Permit #3312, Emerald Associates project at Pacific Coast Highway and Hazel from Dr. Albert Stockton, Catherine Dorley, Hy and Pauline Rosenberg, Maureen A. Fitzpatrick, Richard and Judith Deteresa, Bob and Dovie Koop, and Mr. & Mrs. Robert Underwood. (d) To Traffic Affairs Committee for reply, letter and petition signed by shop owners in the 31st Street area requesting reinstated on- street customer parking as a result of the upgrading and installation of curbs, gutters and sidewalks. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Removed from the Consent Calendar. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Bayview Terrace Homeowners Association alleging their association has been paying water bills for adjacent City park; seeking reimbursement for payments made from May 5 to September 2, 1987. (b) William Lee Gaul alleging City contractor hired to work on sea wall (Hamilton Marine) negligently damaged claimant's boat on February 20, 1.988 at 204 South Bayfront. (c) Jerome Inghilterra alleging bark shavings from palm trees left on bike path (near Newport River Jetty) by tree cutting crew caused claimant to fall from bicycle and cause personal injuries on April 6, 1988. Volume 42 - Page 226 Planning/ U/P 3312 (68) TAC /31st St On -St Pkg (85) (36) HOA COUNCIL MEMI y r� :7 • • CITY OF NEWPORT BEACH MINUTES June 13, 1988 (d) Kiewit Pacific Company seeking indemnity from claims filed by Judith Caruthers and Kevin Marx regarding traffic accident on Irvine Avenue on October 9, 1987. (e) Delores Larson alleging personal injuries as a result of fall from her bicycle on Balboa at 'K' Street on April 18, 1988. (f) Robert and Opal Macera alleging Newport Beach Police Officer allowed San Young Lee to continue driving after he was stopped for driving on the wrong side of the road on February 26, 1988; and as a result, claimant's son, Jeffrey Allen Macera, who was driving northbound on Euclid Avenue was struck and killed by San Young Lee on Garden Grove Boulevard and Euclid Avenue. t Pac (g) Dr. Hurley Robinson alleging Refuse Robinson truck ran over newly cemented driveway apron thereby causing damage in alley behind 124 Garnet Avenue on April 20, 1988. (h) Deborah Royer alleging Refuse crew Royer picked up new trash receptacle by mistake at 2901 Catalpa on May 12, 1988; seeking reimbursement. (i) Steven Van Horn alleging Police Van Horn Officer driving City vehicle backed into claimant's vehicle at City Police Department parking lot on March 9, 1988. 7. SUMMONS AND COMPLAINTS - For denial and I (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Eric P. Simpson, Orange County (Simpson Superior Court Case No. 49- 04 -58. Claim was denied by City Council on November 25, 1985. (b) Everett Temme, United States Temme District Court, Case No. 88 -03 -008. Previous Summons was presented to City Council on October 13, 1986. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Recreation Coordinator, Senior Citizens Center. Volume 42 - Page 227 COUNCIL MEMBERS A C �' 4P.� �O 9� G t �9 G • • • CITY OF NEWPORT BEACH MINUTES June 13, 1988 (b) Two Equipment Operator II's, Parks, Beaches and Recreation Department. (c) One Groundsworker II, Parks, Beaches and Recreation Department. (d) One Senior Librarian - Adult Services, Library Department. (e) One Secretary, Public Works Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) 1988 CITY SCHOLARSHIP AWARDS. (Report from Personnel Director) (b) Report from General Services Director regarding DONATION OF CITY VEHICLES AND CITY EQUIPMENT TO ENSENADA, BAJA CALIFORNIA. (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - For July 11, 1988: (a) Report from Public Works Department to schedule public hearing to hear protests regarding work accomplished under Chapter 27 of the Improvement Act of 1911 (31st Street between Villa Way and Newport Boulevard, Contract No. 2470). (b) Report from Public Works Department to schedule public hearing to hear protests regarding work accomplished under Chapter 27 of the Improvement Act of 1911 (alley improvements in Block 2, Tract No. 27, bounded by 15th Street, Westminster Avenue, Clay Street and Bolsa Avenue, Contract No. 2470). 11. FINAL MAP OF TRACT NO. 13013 - Approve the Final Map of Tract No. 13013, a request of A. J. MILLER AND ASSOCIATES, INC., Irvine, to subdivide .282 acres of land into a single lot for a five unit residential condominium development on property located at 1425 Superior Avenue, on the northwesterly side of Superior Avenue between Hospital Road on Placentia Avenue, in the Northwest Newport area; zoned R -3 (2178). (Report from the Planning Department) Volume 42 - Page 228 Scholarshp Awrds /Per- sonnel (66) GS /Vehcl Donation (44) 31St /Villa Wy Imprvms (74) 15th /West- minster/ Clay Imprvms (74) 13013 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES June 13, 1988 12. RESUBDIVISION NO. 779 - Accept the public improvements constructed in conjunction with Resubdivision No. 779 (2901 West Coast Highway, between. Riverside Avenue and Newport Boulevard in Mariner's Mile); authorize the City Clerk to,release the Faithful Performance Bond No. AC03415; and release the Labor and Material Bond No. AC03415 in six months, provided no claims filed. (Report from Public Works Department) 13. USE PERMIT NO. 3289 - Approve a use permit agreement guaranteeing completion of the public improvements required with subject use permit; and authorize the Mayor and City Clerk to execute the agreement. (Report from Public Works Department) 14. SITE PLAN REVIEW NO. 29 (MARRIOTT HOTEL, NEWPORT CENTER) - Accept the public improvements constructed in conjunction with Site Plan Review No. 29; authorize the City Clerk to release the Faithful Performance Bond No. 995783; and release the Labor and Material Bond No. 995783 in six months, provided no claims filed. (Report from the Public Works Department) 15. ENCROACHMENT PERMIT APPLICATION OF ROGER RILEY - Uphold staff's recommendation to approve the request, subject to an Encroachment Permit from the Public Works Department to encroach 18 inches into Strada Centro with 18 inch high brick planter. (Report from Public Works Department) 16. TRACT NO. 10274 - Accept the traffic signal improvements at the intersection of East Coast Highway and Avocado Avenue constructed in conjunction with Tract No. 10274 (2101 and 2121 East Coast Highway and 777 Avocado Avenue); approve Release of Traffic Signal Construction Obligation for the Bank of Newport; and authorize the Mayor and City Clerk to excute subject agreement and record same. (Report from Public Works Department) 17. TRACT NO. 12530 - Accept the public improvements constructed in conjunction with Tract No. 12530 (bounded by San Diego Creek and Jamboree); and authorize the City Clerk to release the Faithful Performance Surety (Passbook Account No. 44- 09000256); and release Labor and Volume 42 - Page 229 Resub 779 (84) U/P 3289 (88) Site Pln Rv# 29 (84) Permit / Riley (65) Tract 10274 Tract 12530 COUNCIL MEMBERS .\A 1 0 4 � • CITY OF NEWPORT BEACH MINUTES June 13, 1988 Material Surety (Passbook Account No. 44- 09000249) in six months, provided no claims have been filed. (Report from Public Works Department) 18. FUEL STORAGE TANK REPLACEMENT (CONTRACT Fuel Strg NO. 2679) - Reject all bids; approve the Ink Rplcm revised plans and specifications and C -2679) authorize the City Clerk to advertise (38) for bids to be opened 11:00 a.m., July 7, 1988. (Report from Public Works Department) 19. SPECIAL EVENT PERMITS - Uphold staff's Permits/ recommendation, subject to conditions in Spcl Evnt the staff report, and approve the following: (a) Application No. 88 -168 - Use 1188 -168 of public beach at the area adjacent to the Balboa Pier on June 23, 1988 from 8:00 a.m. - 5:00 p.m. for the Irrelevant Week Superstars contest by the Chamber of Commerce; (b) Application No. 88 -209 - Use 1188 -209 of public beach at Corona Del Mar State Beach on June 18, 1988 from 8:00 a.m. - 9:30 a.m. for the treasure hunt scuba dive by Muscular Dystrophy Association; and (c) Application No. 88 -215 - 1188 -215 Amplified sound in a residential area at Cliff Drive Park on June 30, 1988 from 5:00 - 8:00 p.m. for the Independence Day Celebration by Citizens for a Better Newport. 20. BUDGET AMENDMENTS - For approval: ! (25) BA -079 - $475 Transfer in Budget Appropriations for posture chair replacement; City Attorney - Office Equipment Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Marine Department Harbor Regs Director regarding proposed ordinance (51) relating to the installation of Marine Pumpout Stations, was presented. The City Clerk reported that after the agenda was printed, a letter from the Environmental Quality Affairs Committee was received in support of the proposed ordinance. Volume 42 - Page 230 COUNCIL MEMBERS 'G " ti • • Motion All Ayes X CITY OF NEWPORT BEACH MINUTES June 13, 1988 Council Member Strauss, Chairman of the Harbor Regs Harbor Quality Committee, noted that the subject ordinance was revised since the Council received their agenda packet, and that copies were given to each Council Member prior to this meeting. He stated he concurred in the revisions and therefore, supports the ordinance. Captain Joseph Lancaster, Vice - President of Yacht Masters and Marine Associates, addressed the Council regarding the proposed ordinance, and indicated he felt more time was needed to discuss his concerns with the Harbor Quality Committee, and would like the opportunity to meet with them further. He also indicated that many of the pumpout stations in the harbor are not accessible due to the size of vessel or the location of the pumpout station. James Bennett, Executive Officer, Santa Ana Regional Water Quality Control Board, addressed the Council and applauded the Harbor Quality Committee for a very "positive" ordinance in his opinion. He felt the proposed regulations will insure public health, and urged the Council to support the ordinance. Nancy Skinner, Member of the Harbor Quality Committee, addressed the Council in response to question raised by Council Member Maurer regarding the feasibility of larger vessel access to pumpout stations, and stated that the Mojo Yacht which berths at the Balboa Bay Club, could use the pumpout station at that location if the yacht which normally docks next to the Mojo was removed. She stated she was satisfied with the provisions of the ordinance and in favor of its adoption. Motion was made to introduce and pass to Ord 88 -18 second reading on June 27, 1988, Harbor Regs/ proposed ORDINANCE NO. 88 -18, as Pumpout Stn revised, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.30 RELATING TO THE INSTALLATION OF MARINE PUMPOUT STATIONS FOR SAILING CLUBS, COMMERCIAL HARBOR ACTIVITY PERMIT HOLDERS IN CERTAIN MARINA . FACILITIES. Volume 42 - Page 231 COUNCIL MEMBERS 1\0\ f �9G 4 on Ayes Motion All Ayes • Motion All Ayes • X CITY OF NEWPORT BEACH x June 13, 1988 2. Letter from Bettie J. Givens regarding replacement of crosswalk on 36th and Balboa, which was removed during widening of the street, was presented. Motion was made to refer subject letter to the Traffic Affairs Committee for response, with the request that the Committee also investigate and report back on the feasibility of placing crosswalks at other locations along Balboa Boulevard. 3. Report from General Services Director regarding BALBOA ISLAND PORTABLE RESTROOMS, was presented. Council Member Plummer expressed appreciation to the service station owner for use of his property on which the portable restrooms will be located for the Summer, and made a motion to approve the recommendation set forth in the staff report. 4. Copy of letter to Peter Douglas, Director, California Coastal Commission from Corona Del Mar Community Association regarding Permit Extension #5 -85 -866 granted to S.J.S. Development Corp. (denied by the City's Planning Commission) by the Coastal Commission, was presented. Council Member Sansone stated that the use permit granted to the S.J.S. Development Corporation by the City has expired and a completely different project is now being proposed. In the meantime, a notice of request for extension of the Coastal Development. Permit cites the prior project. He therefore, made a motion to refer the subject letter to the Planning Department for response to the Coastal Commission, advising the Commission of the use permit expiration. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. REQUESTS FOR RECONSIDERATION OF SPECIAL EVENTS APPLICATIONS OF BIG CANYON COUNTRY CLUB, AND NEWPORT DUNES FOR FIREWORKS DISPLAY, denied by City Council on May 23, 1988, was presented. Volume 42 - Page 232 MINUTES TAC /36th & Bal Crswlks (85) GS /Bal Is Prtbl Rstrm (44) Planning/ S.J.S. Dvlpm Crp (68) Permits/ Spcl Evnt Fireworks Npt Dunes/ Big CCClb (65) COUNCIL MEMBERS A\\ • Motion • • x CITY OF NEWPORT BEACH MINUTES June 13, 1988 Recycled reports dated May 23, 1988, from Business License Supervisor regarding subject applications, was presented. Letter from June Dixon, Costa Mesa, protesting the denial of Newport Dunes 25th Annual Fireworks, was presented. Letter from Make -A -Wish Foundation of Orange County requesting that the City permit the Annual July 4th Fireworks at the Newport Dunes, which is the highlight of the picnic for "special" children who have life- threatening illnesses, was presented. The City Clerk advised'that after the agenda was printed, a letter was received from Grant and Denise Niver of Laguna Hills, in support of allowing the fireworks display at Newport Dunes. In addition, 26 letters were received from a 5th grade class at Harbor View Elementary School, also in favor of permitting fireworks at Newport Dunes. Following discussion with regard to providing safety at the Newport Dunes event, motion was made to grant the Special Events Permit of Newport Dunes for fireworks display on July 4, 1988,. subject to the condition that the Dunes employ, at their expense, two highway patrol officers for assistance during the event. Permits/ Spcl Evnt Fireworks Npt Dunes/ 1188 -132 Council Member Turner asked the maker of Big Canyn the motion to include the request of Big CClub Canyon Country Club, excluding the 1188 -113 requirement for highway patrol at that event, to which Mayor Pro Tem Hart had no objection. John H. Sipple, 452 Seaward Road, addressed the Council in support of the request for Newport Dunes, and opposing the request of Big Canyon Country Club. He stated that the fireworks at the Dunes began at 9:00 p.m. last year, but did not end until 11:30 p.m., due to smoke generated from the Big Canyon fireworks event. Michael A. Bradley, representing Make -A- Wish Foundation, addressed the Council in support of the request of Newport Dunes. He stated that at last year's fireworks event, they had over 200 Volume 42 - Page 233 COUNCIL MEMBERS 0\ 0 All Ayes Motion All Ayes x CITY OF NEWPORT BEACH MINUTES June 13, 1988 children in attendance. He invited the Council to come and see the expressions on the faces of the "wish" children, who look forward to the display all year long. John Hudson, 327 Milford Drive, General Manager of Big Canyon Country Club, addressed the Council and stated that their club is owned by 1,000 members of the community and for the past 15 years they have had a barbecue and fireworks display on July 4th without causing problems, and would like to be able to continue the annual event. Hearing no other comments, the motion, as amended, was voted on and carried. J. CURRENT BUSINESS: 1. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (for appointment on June 27, 1988). Motion was made to confirm the following nominations: BOARD OF LIBRARY TRUSTEES 4 -Year tern ending on June 30, 1992: 1. Holley Wilkinson and Charles Sword To fill the unexpired term of Ed Conn, ending June 30, 1989: 2. Carl Writer and C. Ben Jackson CITY ARTS COMMISSION 4 -Year term expiring on June 30, 1992: 1. Katherine Delsack and Carolyn Lachman 2. Russell Edmisson and Kim Young To fill the unexpired term of Charles Gray, ending June 30, 1991: 3. Candace Mittman and Marilee Stockman CIVIL SERVICE BOARD Employees Association Nominees for 4 -Year term expiring on June 30, 1992: 1. Vickie Michalczyk and Joseph De Ladurantey 2. Barbara Long and Otto Schroeder Volume 42 - Page 234 /Cmsn Sery COUNCIL MEMBERS ti wi`G�� • Motion All Ayes on Ayes on Ayes x x x CITY OF NEWPORT BEACH MINUTES June 13, 1988 PARKS, BEACHES AND RECREATION 4 -Year term expiring on June 30, 1992: 1. Sterling Wolfe and Jo Vandervort PLANNING COMMISSION 4 -Year tens expiring on June 30, 1992: 1. Jan Debay and Norma Glover 2. Gary Pomeroy and James Robinson 2. Report from Assistant City Attorney regarding APPEAL OF WHAL KIM, DBA NARITA ACUPRESSURE, was presented. Motion was made to appoint Alan Burns as hearing officer for the Whal Kim, dba Narita Acupressure appeal. Parks, Beaches 6 Recreation Planning Narita Acupressure/ Whal Kim Bus Lic (27) 3. Request of Council Member Strauss to Mod /1 schedule public hearing on MODIFICATION Barc NO. 3406 OF RICHARD BARCLAY to install a (94) satellite antenna at 7 Chadbourne, in Belcourt, was presented. Report from Planning Department, was presented. Motion was made to set public hearing and review for June 27, 1988. 4. Report from Public Works Permit/ Department regarding APPEAL OF E. W. Liske LISKE FROM DENIAL OF STAFF of an (65) Application to extend an encroaching raised deck and wrought iron fence 2 feet 11 inches in height, 2311 inches further into South Bayfront adjacent to 910 South Bayfront, Balboa Island, was presented. Mr. Liske, representing the applicant of 910 S. Bay Front, addressed the Council in support of the request. He stated that the proposed deck will extend the brick to within 8;�" of the sidewalk and the 35" high brick wall will be replaced with a wrought iron fence 35" high, extending the existing fence to the proposed deck edge. He also noted other encroachments in the immediate area that he felt were greater, or equal to his client's. Following discussion, motion was made to defer action on this item to June 27, 1988, to allow the applicant to have the proposed encroachment reviewed by the Balboa Island Homeowners Association. Volume 42 - Page 235 COUNCIL MEMI Motion All Ayes 0 CITY OF NEWPORT BEACH x MINUTES June 13, 1988 5. REQUEST OF BILL BURK FOR RECONSIDERATION Perm FROM CITY COUNCIL DENIAL OF APPLICATION Burk to construct a 36 inch high patio (65) encroaching 3 feet 4 inches into the public right -of -way adjacent to 219 Grand Canal, was presented. Recycled report from Public Works Department dated March 14, 1988, was presented. Motion was made to grant request for reconsideration. Bill Burk, representing his mother and father -in -:Law, the applicants, addressed the Council in support of their request. He stated that he was not notified when this encroachment was considered by the Council in March, and therefore, was not in attendance. He stated that along the Grand Cana]., 90% or more of the homes have front walls that extend into the public right -of -way, and abut up to existing sidewalks. The Director of Public Works stated that with regard to the notification to Mr. Burk, copy of the staff report was mailed on Thursday, prior to the Council meeting in March, which Mr. Burk contends he did not receive. However, an employee of Mr. Burk who spoke to a member of the City staff, advised that Mr. Burk had received notice, and was aware of the time and place. Following discussion, Mr. Burk was advised to seek approval from the Balboa Island Homeowners Association, and then bring this item back to Council. The motion on the floor was voted on, and carried. 6. Report from Parks, Beaches and Recreation Commission concerning the RENAMING OF MARINERS PARK. Letter from the Rotary Club of Newport- Balboa in support of renaming Mariners Park in honor of A. Vincent Jorgensen, and petitions signed by residents to expedite the request to finalize the name change at their upcoming annual Fourth of July Celebration, was presented. The City Clerk advised that after the agenda was printed, 39 additional signatures were received in favor of renaming Mariners Park to A. Vincent Jorgensen. Volume 42 - Page 236 PB &R /Marin- ers Mi Prk (62) COUNCIL MEMBERS ..\�G ��G�i� Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES June 13, 1988 IN ' Discussion ensued, wherein it was PB &R/ indicated by some Council Members that Mariners more time should be given to this Mi Prk subject, as well as input from the Parents Faculty Organization, Mariners Community Association, and the Library Board, and therefore, motion was made to defer action on this item to June 27, 1988. Meeting adjourned at 11:30 p.m. The agenda for this meeting was posted on Thursday, June 9, 1988, at 8:45 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: 0 City Clerk Vu Volume 42 - Page 237