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Home My WebLink About07/25/1988 - Regular MeetingCOUNCIL MEMBERS . G�Z�90,�, A • ent x x Motion Ayes x x Abstain Motion All Ayes Motion All Ayes l Won All Ayes X x x x x x x X x x CITY OF NEWPORT BEACH I x I X x 1 x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 25, 1988 Mayor Cox presented Permaplaqued Certificates of Appreciation to former Civil Service Board Member Pat Krone and former Parks, Beaches and Recreation Commissioner Sterling Wolfe. A. ROLL CALL. B. Reading of: Minutes of Meeting of July 11, 1.988, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was I aived, and City Clerk was directed to read by titles only. D. HEARINGS: 6. Mayor Cox announced that the City Clerk had received a letter from William M. Todd, President of Emerald Associates, just prior to tonight's meeting, withdrawing their application for Use Permit No. 3312 on property located at 3901 E. Coast Highway in Corona del Mar. Motion was made to accept the subject letter of withdrawal and receive and file same. U/P 3312/ Emerald Assoc. (88) 1. Mayor Cox opened the public hearing Towing /PD regarding consideration of a Certificate (70) of Convenience and Necessity, pursuant to Newport Beach Municipal Code Section 5.13.060 for the following: Medlin's Towing 13642 Milton Way Westminster, CA California Towing 2202 West 5th St. Santa Ana, CA Pacific Towing 2209 Lyons Santa Ana, CA Report from Business License Supervisor, was presented. It was recommended by staff that the public hearing be continued, as the applicants have not yet satisfied the requirements of Section 5.13.040 of the Municipal Code. Motion was made to continue the public hearing to August 8, 1988, as recommended. Volume 42 — Page 278 COUNCIL MEMI CITY OF NEWPORT BEACH July 25, 1988 MINUTES 2. Mayor Cox opened the public hearing Towing /PD pursuant to Newport Beach Municipal Code (70) Section 5.13.140 to consider adoption of a resolution approving rate increase for: Newport Center Towing 16372 Construction Circle, East Irvine, CA 92714 Report from Business License Supervisor, was presented. It was recommended by staff that the public hearing be continued, as a survey to determine the fairness of the proposed rates has not yet been completed. Motion x Motion was made to continue the public All Ayes hearing to August 8, 1988, as recommended. 3. Mayor Cox opened the public hearing Ord 88-26 regarding proposed ORDINANCE NO. 88 -26, Zoning being, Dwelg Units (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE • NEWPORT BEACH MUNICIPAL CODE SO AS TO DELETE PROVISIONS WHICH REQUIRE THE REMOVAL OF ]DWELLING UNITS WHICH EXCEED 'THE ALLOWABLE DENSITY PERMITTED BY THE DISTRICT IN WHICH THEY ARE LOCATED WHEN SAID DWELLING UNITS BECOME SIXTY.YEARS OLD; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION ,AMENDMENT NO. 659), PCA 659 was presented for second reading with report from Planning Department. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and received clarification as to certain provisions of the ordinance. Motion x Motion was made to adopt Ordinance No. All Ayes 88 -26, amending Section 20.87.140 of the Newport Beach Municipal Code. 4. Mayor Cox opened the public hearing Ord 88 -27 • regarding proposed ORDINANCE NO. 88 -27, Zoning being, Govt /Eductn: District AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING Volume 42 - Page 279 COUNCIL MEMBERS , 16000\�A • Motion All .Ayes • Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES July 25, 1988 TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH A "GOVERNMENTAL, EDUCATIONAL, AND INSTITUTIONAL FACILITIES DISTRICT;" AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 665), was presented for second reading with report from the Planning Department. Motion was made to adopt Ordinance No. 88 -27, amending Title 20 of the Municipal Code. 5. Mayor Cox opened the public hearing regarding proposed ORDINANCE NO. 88 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE DISTRIBUTION OF PUBLIC NOTICES FOR PROPOSED AMENDMENTS TO TITLE 20 OF THE MUNICIPAL CODE; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 666), was presented for second reading with report from Planning Department. Discussion ensued, wherein Council Member Turner suggested the ordinance be amended to provide that in all cases, notice shall be given by mail to the owner of the property that is the subject of the proposed amendment. In view of the foregoing, motion was made to continue the public hearing to August 8, 1988, and to reintroduce Ordinance No. 88 -28, as revised in the foregoing. 6. Public hearing and City Council review of USE PERMIT NO. 3312, and RELATED TRAFFIC STUDY, a request of EMERALD ASSOCIATES, Newport Beach, to permit the construction of an elderly personal care facility located at 3901 EAST COAST HIGHWAY in Corona del Mar; report from the Planning Department; and letter from Shute, Mihaly 8 Weinberger requesting denial of subject project. Refer to Page 278 of these Minutes, "Hearings: D -6," for action and disposition. Volume 42 - Page 280 PCA 665 Ord 88 -28 Zoning Public Notices (94) PCA 666 U/P 3312/ Emerald Assoc. (88) COUNCIL MEMI .a, Dion All Ayes • • X CITY OF NEWPORT BEACH MINUTES July 25, 1988 E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on August 8, 1988: (a) Removed from the Consent Calendar. (b) Proposed ORDINANCE NO. 88 -29, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 13.05.010 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STREET AND SIDEWALK IMPROVE- MENTS. (Report from the City Manager) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -76 advising the AHFP Advisory Committee that Amendments to the Circulation Element Master Plan of Streets and Highways have been adopted and requesting the County of Orange to modify its Master Plan of Arterial Highways within the City to conform to the City's Master Plan. (Report from the Public Works Department) (b) Resolution No. 88 -77 authorizing the purchase of a Traffic Signal Master Computer System from Multisonics Corporation. (Report from Public Works Department) 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2701 to George Dakovich & Sons, Inc., for the total price of $204,025 for Water Main Replacement Program 1988 -89; and authorize the Mayor and the City Clerk to execute said contract. (Report from Public Works Department) Volume 42 - Page 281 Ord 88 -29 Street/ Sidewalk Imprvms (74) Circulation Element/ Mstr Pln Sts /Hwys Res 88 -76 (74) Trfc Sgnl/ Mstr Cmptr System Res 88 -77 (85) Wtr Mn Rplcm Prg`88 -89/ C -2701 (38) COUNCIL MEMBERS 0 • C J CITY OF NEWPORT BEACH MINUTES July 25, 1988 (b) Award Contract No. 2679 to Atlas Environmental Service, Inc., in the amount of $308,238 for Fuel Storage Tank Replacement; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) (c) Award Contract for Janitorial Maintenance services at the four library buildings (Newport Center, Balboa, Corona del Mar, and Mariners) to Reliable Maintenance Service. (Memo from City Librarian) (d) Award Contract for ENVIRONMENTAL IMPACT REPORT SERVICES in connection with the GENERAL PLAN UPDATE to The Butler Roach Group for $56,460. (Report from Planning Department) 4. COMMUNICATIONS - For referral as indicated: Fuel Strg Tak Rplcm C -2679 (38) Janitorial Mntnc /Npt Center /Bal/ CdM /Mariners Reliable MS C -2712 (38) General Pln Updt /EIR Sry Butler -Roach C -2713 (38) (a) To Parks, Beaches and Recreation PB &R/ Department for reply, request from Prk Bnd Fndg Shari S. Rooks to include funding (62) in the upcoming park bond issue for a passive park in the West Newport Heights neighborhood. (b) To Business License Supervisor for Bus Lic reply, letters from Mike Lee of (27) Murrieta, California, (received on July 5 and 18, 1988) requesting the business license be revoked from the Surplus Store on Pacific Coast Highway because of the alleged "pro -war" attire on display. (c) To Parks, Beaches and Recreation PB &R Department for reply, letter from (62) Michael T. Sidney requesting the City acquire the portion of open space at Begonia and Pacific. (d) To Executive Assistant to the City COMCAST TV Manager for reply, letter from D. K. (42) Haworth regarding the City's franchise for COMCAST television service. Volume 42 - Page 282 COUNCIL MEMBERS G,pti CG 4P� O� 9 CITY OF NEWPORT BEACH July 25, 1988 MINUTES (e) To Planning Department for Planning inclusion in the records, copy of (68) response from Gloria Felix, Huntington Beach, to the City's Nonstatutory Advisement of Preparation of a Draft EIR for Avon Street. Improvements. (f) To Business License Supervisor for Bus Lic response, letter from Thomas R. (27) Damiana regarding hand - delivered fliers on private property. (g) To City Attorney for response, City Atty letter from Orange County Counsel's (31) office: regarding "Railroad Cases," as they pertain to Orange County Cities /County. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copies of letters to Chief of Police, Arb Campbell from Balboa Improvement Association and John and Marjorie Shea, expressing their appreciation for the "excellent and outstanding" work of the department over the long Fourth of July weekend. • 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Roland E. Bye for property damage, Bye alleging his vehicle struck by City vehicle in Eastbluff area on June 7, 1988. (b) David Garrett seeking medical Garrett reimbursement for personal injuries to middle finger as a result of handcuffs placed on wrist by Police Department at 14th Street, Balboa Peninsula on January 30, 1988.. (c) Dolores Johnson alleging her Johnson vehicle was backed into by City truck, damaging rear bumper, in Hughes Eastbluff parking lot on July 8, 1988. • Volume 42 - Page 283 • • is CITY OF NEWPORT BEACH COUNCIL MEMBERS �e1G�Z��G�� July 25, 1988 MINUTES (d) Suzanne Miller for loss of Miller consortium, wrongful shooting, etc., as a result of Newport Beach Police officer shooting her husband, Ricky P. Miller at 3702 Park,,Lane on January 23, 1988. (e) Mary Villio alleging personal Villio injuries, etc., as a result of being rear -ended by City Refuse truck. on Jamboree Road, north of back bay on June 27, 1988. (f) Martin Welsh alleging personal Welsh injuries as a result of being rear -ended by another vehicle which was rear -ended by City Refuse truck on Jamboree Road, north of Pacific Coast Highway on June 27, 1988. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Nat Gorman for personal injuries Gorman sustained from being hit by bicycle while walking on Ocean Front. Orange County Superior Court, Case No. 559944. Claim was denied by City Council on May 23, 1988. (b) Barbara Roy, Orange County Superior Roy Court Case No. 562354 for Negligence and Product Liability. Claim was denied by City Council on April. 11, 1988. 8. REQUEST TO APPROVE /FILL PERSONNEL I(66) VACANCIES: (Report from the City Manager) (a) One Recreation Coordinator, Recreation Division. (b) One Librarian, Library Department. (c) One Administrative Clerk, Public Works Department. (d) One Data Entry Operator, Data Processing Division. (e) One Fire Department Stock Clerk, Suppression Division. Volume 42 - Page 284 COUNCIL MEMBERS A 1\1 S � CITY OF NEWPORT BEACH July 25, 1988 MINUTES 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and PB &R/ • Recreation Director regarding Cncl Policy amending CITY COUNCIL POLICY 1 -4, I -4 COST SHARING ON UNDEVELOPED LAND, (62/69) to add St. James Island to the policy as the City's responsibility to maintain. (b) Removed from the Consent Calendar. (c) Report from the Executive Assistant Human Sery to the City Manager regarding HUMAN Orgz Astnc/ SERVICES ORGANIZATION ASSISTANCE Budget REQUEST. (25) For Council information and filing: (d) Parks, Beaches and Recreation PB &R Cmsn Commission Officers - FY 1988 -89: FY188 -89 John Konwiser, Chairman; Diana Ofcrs Springer, Vice Chairman. (24) (e) Library Board of Trustees Officers Library Bd - FY 1988 -89: Jean Kiger, FY'88 -89 Chairman; John Nicoll, Vice Ofcrs • Chairman; Karen Evarts, Secretary. (24) (f) Civil Service Board Officers - FY Civil Sry Bd 1988 -89: Hilbert (Bert) Carson, FY'88 -89 Chairman; Albert (Al) Graham, Jr., Ofcrs Vice Chairman. (24) 10. PUBLIC HEARING SCHEDULING - August 8, 1988: (a) WEED ABATEMENT - Confirming cost Weed Abatm/ of abatement of weeds and other Fire Dpt nuisances and requesting the (41) Auditor - Controller of Orange County to enter the amount of each assessment, referred to in report from Fire Chief, on the County Tax Roll. 11. SPECIAL EVENT PERMIT - Uphold staff's Permit /Spcl recommendation of approval for Evnt Apli Application No. 88 -263 for amplified #88 -263 sound in at residential area at 116 Kings (65) Place on Saturday, August 6, 1988, from 5:00 - 10:00 p.m., for Donald and Barbara Ward wedding reception, subject to conditions in the staff report. • (Report from Business License Supervisor) Volume 42 - Page 285 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ti m 3 �G�y 9G9 G ROLL CALLS � �� July 25, 1988 INDEX 12. LITTLE BALBOA ISLAND SEAWALL RAISING AND Little Bal STREET LIGHT CONVERSION CONTRACT NO. Is /Seawll 2468 - Affirm Negative Declaration of Raisg /St Lt Environmental Impact; approve the plans Cnvrsn • and specifications and authorize the C -2468 City Clerk. to advertise for bids to be (38) opened at 11:00 a.m., August 11, 1988. (Report from Public Works Department) 13. INSPIRATION POINT LANDSCAPE IMPROVEMENTS Insprtn Pt AND BLUFF RESTORATION CONTACT NO. 2411 - Lndscp Imprm Approve the plans and specifications; & Blf Rstrtn and authorize the City Clerk to C -2411 advertise for bids to be opened at 11:00 (38) a.m., August 12, 1988. (Report from Public Works Department) 14. BALBOA ISLAND ALLEY REPLACEMENT PROGRAM, Bal Is Aley CONTRACT NO. 2689 - Approve the plans Rplem Prg and specifications; and authorize the C -2689 City Clerk to advertise for bids to be (38) opened at 11:00 a.m., August 10, 1988. (Report from Public Works Department) 15. CONSTRUCT PARKING LOT AT COMMUNITY YOUTH Comunty Yth CENTER, CONTRACT NO. 2710 - Approve the Ctr /Cnstr plans and specifications; and authorize Pkg Lot the City Clerk to advertise for bids to C -2710 be opened at 11:00 a.m., (38) • August 29, 1988. (Report from Public Works Department) 16., RESUBDIVISION NO. 828 - Accept the Resub 828 public improvements constructed in (84) conjunction with Resubdivision No. 828 (3214 Clay Street, between Bolsa Avenue and Westminster Avenue, in Newport Heights); authorize the City Clerk to release the Faithful Performance Surety (Certificate of Deposit: No. 25367); and release the Labor and Material Surety (Certificate of Deposit: No. 25368) in six months provided no claims have been filed. (Report from Public Works Department) 17. RESUBDTVTSION NO. 779 - Authorize the Resub 779 City Clerk to release the Faithful (84) Performance Bond (Bond No. 9125325) for 2901 West Coast Highway [former Rosso's site]. (Report from Public Works Department) 18. COMMUNITY YOUTH CENTER, CONTRACT NO. Comunty Yth 2511 - Approve an extension of time of Ctr 81 calendar days; accept the work; and C -2511 • authorize the City Clerk to file a (38) Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in Volume 42 - Page 286 COUNCIL MEMBERS Ae\� finis • • July 25, 1988 accordance with applicable portions of the Civil Code. (Report from Public Works Department) 19. WEST NEWPORT PARK, CONTRACT NO. 2537 - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 20. OCEAN FRONT SIDEWALK REPAIR, [PHASE I] 1987 -88, CONTRACT NO. 2532 - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 21. Removed from the Consent Calendar. West Npt Prk C -2537 (38) Ocean Frnt Sdwlk Rpr Phs I'87 -88 C -2532 (38) 22. RESUBDIVISION NO. 847 - Accept the offer Resub 847 of dedication of a 10 -foot easement for (84) sewer purposes regarding Resubdivision No. 847 [708 Iris Avenue, between Fourth and Fifth Avenues, Corona del Mar]. (Report from Public Works Department) 23. BUDGET AMENDMENTS - For approval: BA -002, $11,250 - Increase in Budget Appropriations and Decrease in Unappropriated Surplus for appropriations to West Newport Park (inadvertently omitted from Capital Improvement Carry - overs); Park and Recreation Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance to provide for application of vehicle code to Bayview Circle, was presented with report from the Traffic Affairs Committee. It was noted that an association comprised of the three land holders in the commercial development of Bayview have requested that the City designate their private street of Bayview Circle for enforcement of the California Vehicle Code and Municipal Code. The Traffic Affairs Committee has reviewed the request and recommends approval. Volume 42 - Page 287 (25) Bayvu Cr (85) COUNCIL MEMBERS n'G� G �A �t �" Motion All Ayes • Motion All Ayes Motion All Ayes • x x x e July 25, 1988 MINUTES Council Member Sansone indicated he felt that the City should be reimbursed financially if vehicle code enforcement is provided to Bayview Circle, inasmuch as the property taxes from the subject area go to the County's Redevelopment Agency. Following discussion, motion was made to continue this item to August 8, 1988, and direct the staff to come back with additional data as to the cost of enforcing the vehicle code in this area. 2. Report from Public Works Department Resub Nos. regarding RESUBDIVISION NOS. 864 AND 865 864/865 - Recommending approval of a subdivision (84) agreement guaranteeing completion of the public improvements required with Resubdivision Nos. 864 and 865 (302 and 304 Fernleaf Avenue, Corona del Mar); and authorizing the Mayor and City Clerk to execute safd agreement, was presented. Council Member Sansone advised that he has viewed the subject site and noticed that the sidewalk and curb on Seaview and Fernleaf are in need of repair due to the use of heavy equipment, and questioned staff if the repairs would be corrected prior to issuance of a Certificate! of Occupancy. The Public Works Director replied that the bonds referred to in the staff report are for the purpose of guaranteeing the repair of pre- existing damaged sidewalk and curb. If any sidewalk and curb is damaged by the builder or his subcontractors, then the City can require that the necessary repairs are made. In view of the foregoing, motion was made to approve Resubdivision Nos. 864 and 865, as recommended by staff in the foregoing. 3. Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING COMMISSION (68) ON JULY 7, 1988, was presented. Motion was made to schedule public U/P 3315 hearing for USE PERMIT NO. 3315 on August 8, 3.988; and to receive and file the remaining actions. Volume 42 - Page 288 COUNCIL MEMBERS \11\ • • Motion All Ayes • x MM-we • MINUTES July 25, 1988 H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -24, being, Ord 88 -24 Massage AN ORDINANCE OF THE CITY COUNCIL OF Estb Opt THE CITY OF NEWPORT BEACH AMENDING (27) SECTION 5.50.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENT OPERATOR PERMITS, was presented for second reading with recycled report dated July 11, 1988, from the Business License Supervisor. It was noted that the proposed revision provides that only one of the partners, (if a partnership) one of the officers, (if a corporation) or one of the participants, (if a joint venture) must apply for the massage operator permit. The revision would also require the applicant to represent all criminal convictions, with the only exception being minor traffic violations. Mayor Pro Tem Hart indicated her opposition to the proposed ordinance, stating that massage parlors are very time - consuming for the Police Department, and are not just "run of the mill" type businesses; therefore, she felt there was a "better way to approach this issue." She also felt that primary and secondary businesses should be separated in the ordinance. Following discussion, motion was made to direct the City Attorney to amend the subject ordinance, defining primary and secondary businesses as they relate to massage operators, for consideration on August 22, 1988. 2. Proposed ORDINANCE NO. 88 -25, being, Ord 88-25 Massage AN ORDINANCE OF THE CITY COUNCIL OF Techn THE CITY OF NEWPORT BEACH AMENDING (27) SECTION 5.50.035A OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE TECHNICIAN PERMITS, was presented for second reading with recycled report dated July 11, 1988, from the Business License Supervisor. Volume 42 - Page 289 COUNCIL MEME n� �G\A\%O LL CAL Sion All Ayes • • X MINUTES July 25, 1988 It was pointed out that the proposed revision would require massage technician permit applicants to present all criminal convictions, with the only exception being minor traffic violations. Motion was made to adopt Ordinance No. 88 -25. I. CONTINUED BUSINESS: i. REQUEST OF BILL BURK FOR RECONSIDERATION OF A DENIAL BY THE CITY COUNCIL OF AN APPEAL from an administrative denial of an application to construct a 36 -inch high patio wall encroaching 3 -feet, 4- inches into public right -of -way at 219 Grand Canal, was presented. Report from Public Works Department, was presented. Attached to the staff report was a letter from the Balboa Island Improvement Association, dated July 6, 1988, advising that they had voted to approve a brick curb adjacent to the sidewalk, with the patio edge to be located 18 inches from said curb, yielding a planter for flowers and shrubs. Bill Burk, applicant, addressed the Council in support of the request for encroachment. He stated that the subject property is the only property on the Grand Canal that does not encroach onto public right -of -way, and if the Council desires to see photographs of encroachments of neighboring homes, they are available. In an attempt to clarify a misunder- standing, Alt. Burk referred to a drawing submitted, noting that the patio is only 30 inches high, and not 36 . inches as referenced in the staff report. Robert Rowan, owner of the subject property and father -in -law of Bill Burk, addressed the Council and stated that it is not their desire to place any type of fence on top of the 30 -inch raised patio as mentioned in the staff report. Volume: 42 - Page 290 Permit /Burk Encroachment (65) COUNCIL. MEMBERS Motion All Ayes • Son All Ayes Ision All Ayes x x x MINUTES July 25, 1988 Following discussion, motion was made to approve the application, subject to: 1) Execution of an agreement for nonstandard improvements; 2) An encroachment permit from the Public Works Department; 3) Establishment of the front property lines by a licensed surveyor; and 4) The encroachment be restricted to 18 inches behind the back of sidewalk; that it not include a fence, and that height of the patio be restricted to 30 inches. 2. Recycled report dated April 25, 1988, regarding COMMERCIAL ACTIVITIES HARBOR PERMIT BY KWAN LEE of Parasailing Adventures, Incorporated to operate a Parasailing Business with the City of Newport Beach at Lido Marina Village, 3400 Via Oporto, was presented. Report from the Marine Department, was presented. Upon recommendation of the City Attorney, motion was made to refer this item back to the Marine Department for action consistent with Section 17.41 of the Newport Beach Municipal Code. J. CURRENT BUSINESS: Com'l Actv/ Hrbr Prmt Kwan Lee Parasailing (51) 1. Report from Public Works Department PW /Bayshr regarding BAYSHORES COMMUNITY CA Snd Wall ASSOCIATION REQUEST FOR A SOUND WALL, (74) was presented. Steve Riccabona, President, Bayshores Community Association, addressed the Council and noted that based on discussions with staff, they anticipate the City to fund $100,000 towards the sound wall, with Bayshores Community Association to fund approximately $245,000. He expressed appreciation to the Council for their support of the project and stated they felt it will enhance the beauty of their area and the City of Newport Beach. Motion was made to approve request from Bayshores Community Association to increase City's financial participation Volume 42 -Page 291 COUNCIL. MEMBERS • • Motion All Ayes • x MWAM • - - ;� MINUTES July 25, 1988 in construction of a sound wall; and direct staff to implement project. 2. Report from the City Attorney regarding Election188 NOVEMBER 8, 1988 ELECTION, was (39) presented. The City Manager summarized the four resolutions under consideration, as outlined in the City Attorney's report. He stated that the resolution calling and giving notice of holding a General Municipal Election, and the resolution requesting the consolidation with the statewide General Election are mandatory. However, the resolutions authorizing the Council or members to file arguments for, or against the measure, directing an impartial analysis, and authorizing rebuttal arguments are optional. It was indicated by Council Members that they had received a letter from John Killefer, Chairman of Citizens for a Better Newport, requesting that Committee be permitted to write the argument against the Traffic Management Initiative. Jean Watt, 4 Harbor Island, representing Newport 2000, the proponents of the Traffic Management Initiative, addressed the Council and stated it is their intention to write an argument in favor of the initiative. Bill Shonlau, 408 East Ocean Front, addressed the Council and discussed the procedure for filing rebuttal arguments. Following discussion, motion was made to adopt the following: Resolution No. 88 -78 calling and Res 88 -78 giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 1988, for the election of certain officers as required by provisions of the City Charter of the City of Newport Beach and for submission to the voters of a measure known as the Traffic Management Initiative; Resolution No. 88 -79 requesting the Res 88 -79 Board of Supervisors of the County of Orange to consolidate pursuant to Section 23302 of the Elections Code, a General Municipal Election to be held on November 8, 1988, Volume 42 - Page 292 C CITY OF NEWPORT BEACH COUNCIL MEMBERS y n iP . , \A161 �G 1 July 25, 1988 0 0 MINUTES with the statewide General Election to be held on the same date; and Resolution No. 88 -80 providing for the filing of rebuttal arguments for the City Measure known as the Traffic Management Initiative to be submitted to the electorate on November 8, 1988. Meeting adjourned at 8:55 p.m. The agenda for this meeting was posted on July 21, 1988, at 8:20 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 42 — Page 293 Res 88 -80