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Home My WebLink About06/08/1987 - Regular MeetingCOUNCIL MEMI ,� -o y n \ Gy�`G�gPJ Gvc L CALL Fy CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: June 8, 1987 MINUTES 87/88 (40) Shrg Presentation of awards to winners of High School Arts Competition for 1987 Salute to the Arts Poster. • Presentation of Certificates of Appreciation by the Mayor for annual Environmental Quality Affairs Committee Litter Poster Contest. Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Ayes x x x x x x Meeting of May.26, 1987, was waived, Abstained x approved as written, and ordered filed. Motion x 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 regarding PRELIMINARY BUDGET FOR FISCAL YEAR 1987 -811, pursuant to Section 1102 of the Newport Beach City Charter; and proposed EXPENDITURES FROM THE FEDERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1987 -88. Checklist of: Budget Items removed during • study sessions, letter from Newport Harbor Art Museum, memo regarding Reserve Fund for Cultural and Arts, and memo from the Planning Department, were presented. The City Manager, in summarizing the proposed budget, stated that it contains expenditures: of $72,029,000, exclusive of the carry -over Capital Improvement projects. He stated that the budget represents a. 11.6% decrease as compared to the 1986 -•87 fiscal year budget. The following representatives from the Newport Harbor Art Museum addressed the Council in support of their request for funding of $50,000: Jack Dwan, President, Board of Trustees Bill Banning, Vice President, Board of Trustees Kevin Consey, Director Carl Neisser, Member, Board of • Trustees Volume 41 - Page 212 87/88 (40) Shrg COUNCIL MEMBERS • • Motion All Ayes • CITY OF NEWPORT BEACH x MINUTES June 8, 1987 Deborah Polonsky, Chairperson, City Arts Commission, addressed the Council and stated that at their meeting of January 23, 1987, the Commission reviewed requests for operating support and recommend the following to the City Council: ORGANIZATION RECOMMENDi Newport: Harbor Art Museum $50,000 South Coast Repertory 13,000 Imagination Celebration 2,000 Pacific: Chorale -0- Orange County Arts Alliance 1,000 TOTAL: $66,000 David Blankenhorn, Member, Board of Trustees of South Coast Repertory, addressed the Council regarding their request for funding of $13,000, and stated that while their theatre is located in Costa Mesa, much of its support and many of its benefits are for the residents of Newport Beach. He stated that South Coast Repertory is the County's only professional resident theatre. He discussed their endowment programs, advising that their goal is to be self - sufficient. He stated that the City of Costa Mesa contributed $21,200 to the South Coast Repertory, and they have received $20,000 from the County of Orange. They have also received donations from the Cities of Tustin, Santa Ana, and Irvine. The Council straw -voted the following items with regard to the 1987 -88 Budget Checklist: A. City Attorney 1) 0590 Computer Terminal Upon recommendation of the City Attorney, Council Member Sansone moved to defer this item to 1988 -89 budget year, and there being no objections, It was so ordered. Volume 41 - Page 213 Budget FY'87/88 Federal Revenue Shrg COUNCIL MEMI Men A yes Motion All Ayes • Motion S n x x x CITY OF NEWPORT BEACH Ayes x x x x x Noes x x Motion x All Ayes Alen A yes x MINUTES June 8, 1987 B. City Clerk 1) 1216 Beacon Bay Election Motion was made to include $19,000 in the budget for the above, with Beacon Bay to fund 50% of total cost. C. Nondepartmental 1) 1410 Newport Harbor Art Museum - $50,000 Motion was made to include $30,000 in the budget for the above request. 2) 1410 South Coast Repertory - $13,000 Council Member Plummer spoke against the request of the South Coast Repertory, and requested that the Council appoint an ad hoc committee to review the Council's policy with regard to Reserve Fund for Culture and Arts. Mayor Cox responded that Council Policy F -20 (referred to in the above), does not specify a limit as to how much can be given to a community organization and that it's up to the Council to determine an appropriate amount. Motion was made to include $10,000 in the budget I -or the above request. Mayor Pro Tem Hart stated that historically she has always felt taxpayers' dollars should be spent in Newport Beach, particularly requests of this type, but if the motion were for a lesser amount, such as $8,000, she could support it. The motion was voted on and carried. 3) 1410 Imagination Celebration - $2,000 Motion was made to include $2,000 in the budget for the above request. 4) 1410 Orange County Arts Alliance - $1,000 Motion was made to include $1,000 in the budget for the above request. Volume 41 - 214 Budget FY'87/88 Shrg COUNCIL MEMBERS • A ' 9 � �9� G CITY OF NEWPORT BEACH June 8, 1987 MINUTES '87/88 Shrg D. Fire - Administrative 1) 2313 Hazardous Material Disclosure Program Postage - Von $400 x Motion was made to include $400 in the All Ayes budget for the above item. Fire Suppression 1) 2416 Net Six Joint Powers - $158,760 Motion x Motion was made to include $158,760 in All Ayes the budget for the above item. F. Fire - Prevention Hazardous Material Disclosure Program 1) 2501 Fire Prevention Specialist $38,525 2) 2516 Services - Professional, etc. 1,000 3) 2533 Special Depart- mental Supplies 600 4) 2551 Health & Life Insurance 4,140 • 5) 2553 Retirement 9,335 $53,600 Motion x Motion was made to include $53,600 in All Ayes the budget for the above position. G. Planning 1) 2701 Code Enforce- ment Officer $30,795 2) 2751 Health & Life Insurance 3,505 3) 2753 Retirement & Contributions 4,000 4) 2790 -2 Desk 750 5) 2790 -3 Chair 350 6) 2,791 -1 Sedan 10,600 $50,000 Report from the Planning Director recommending against the hiring of an additional code en 'forcement officer, was discussed. Motion x Council Member Sansone stated that this item was placed on the checklist at his • request, and moved to include $50,000 in the budget for the above position. Volume 41 - Page 215 '87/88 Shrg COUNCIL MEMBERS y CG �A o� 9 CITY OF NEWPORT BEACH June 8, 1987 MINUTES Volume 41 - Page 216 '87/88 Shrg In response to Council inquiry, the Planning Director noted that Council Member Sansone attended the Planning Commission Study Session of April 23, 1987, at which time the subject of code • enforcement and compliance with approved Conditions of Approval was discussed at length. He stated that from time to time the Planning Department has experienced some difficulty in obtaining compliance with conditions in a timely fashion, and at times the work load has exceeded the capacity of the Code Enforcement personnel to the point where some work does become backlogged, and time to perform follow -up inspections becomes difficult, if not impossible. The Planning Director commented that some of these problems may be solved by more effective use of the existing personnel, changes in Conditions of Approvals and perhaps additional personnel. Staff is currently trying to look at all of the options available. However, two points need to be made. The first is that there are already two persons doing code enforcement work. one is the Code Enforcement Officer they have always had. The second is an • Assistant Planner position which was authorized under the 1984 -85 budget. This latter position is in the process of being reclassified. The second point that should be made is that the work load of these two positions will vary widely. When interest rates are low, Reports of Residential Building Records activity is high. When interest rates are high, this activity declines. Interest rates currently are rising and, therefore, residential sales and Inspection activity may drop. In conclusion, the Planning Director noted that there is not the physical space to accommodate another Code Enforcement Officer unless they put a third body into a 105 sq. ft. office, convert existing conference room space, or "borrow" space from another department. In addition, they do not have space in the parking lot to accommodate another Planning Department vehicle. Therefore, if it is the desire of the City Council to authorize another • Code Enforcement Officer position, that it be done with the understanding the position will be filled only if the Volume 41 - Page 216 '87/88 Shrg COUNCIL MEMBERS s c+ cry `c $A • • CITY OF NEWPORT BEACH Ayes Noes Abstain I x I x I x l x l x l x l x Motion *yes x MINUTES June 8, 1987 work load remains high, and that they can either overcome or acceptably resolve the logistics created by the additional position. Council Member Sansone stated that this request was not based on his own recommendation, but that of three different members of the Planning Commission, who on three different occasions talked to him about the need for the position. He stated that one of the reasons they felt this position was warranted was because those permits with conditions of approval are not being complied with when there is a transfer in business from one operator to another. Council Member Sansone also stated that he was told there has been a lack of code enforcement with regard to the number of illegal residences that are being 11bootlegged" into the City, such as apartments and efficiencies. Council Member Maurer spoke in support of the position, stating that "without good code enforcement, it's worthless to enact laws. " Discussion ensued regarding transfer of owner /operator businesses, wherein the Planning Director stated that a problem occurs when a business is sold and there is a new operator, such as a restaurant, and the prior operator does not pass on to the new operator the conditions of approval. And since there is no new certificate of occupancy that has to be issued to that new operator, violations may occur, in which the Code Enforcement Officer would then go out and furnish the new operator with a copy of the conditions of approval. Following consideration, motion on the floor was voted on, and carried. H. Field Maintenance 1) 3393 -1 Electronic Onboard Scale - $2,800 Motion was made to include $2,800 in the budget for the above item. Volume 41 - Page 217 '87/88 Shrg COUNCIL MEM13ERS CITY OF NEWPORT BEACH June 8, 1987 MINUTES '87/88 Shrg I. General Services - Traffic Signs and Markings 1) 3633 Water Base _ Paint $ 6,750 • 2) 3691 -1 Paint Heating System 15,000 Motion x Motion was made to include $21,750 in All Ayes the budget for the above two items. J. General Services - Equipment Maintenance 1) 5293 -1 VCR w /color Monitor 8 Tapes - $1,900 Motion x Motion was made to include $1,900 in the All Ayes budget for the above item. K. Building Excise Tax 1) Mobile Communications Equipment - $142,500 Motion x Motion was made to include $142,500 in All Ayes the budget for the above item. L. Miscellaneous Additional Items • 1) Mini- Physical Fitness Center Mayor Pro Tem Hart recommended that $29,000 be allocated for a fitness center to be located in the existing storage building of City Hall. This would include a small work -out room, remodeling of the men's and women's shower, one -mile run on the perimeter of the building, and one -half of a basketball court. The request does not include any equipment at this time, inasmuch as it is hopeful such items will be on -loan from various employees. Motion x Motion was made to include $29,000 in All Ayes the budget for the above item. 2) J.,andscape Improvements on 19ewport Boulevard Right -of -Way north of Pacific Coast Highway •- $100,000 on x Motion was made to include $100,000 in Ayes the budget for the above item. Volume 41 - Page 218 '87/88 Shrg COUNCIL MEMBERS ti � �A O� 9 *yes n Motion All Ayes Motion All Ayes Motion All Ayes • • x x x x CITY OF NEWPORT BEACH MINUTES June 8, 1987 3) Study of Test Well Fields in Santa Ana - $100,000 Motion was made to include $100,000 in the budget for the above item. 4) Bicycle Access to Newport Channel Bridge - $35,000 Motion was made to include $35,000 in the budget for the above item. Motion was made to close the public hearing and direct staff to prepare a resolution formally adopting the 1987 -88 Budget. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on June 22, 1987: (a) Proposed ORDINANCE NO. 87 -14, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 15.45.020(b) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DEVELOPMENT AGREEMENTS. (Report from the :Planning Department) (b) Proposed ORDINANCE NO. 87 -15, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 6.04.55(C)(ii) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MECHANICAL BLOWERS. (Report from the Assistant City Attorney) (c) Proposed ORDINANCE NO. 87 -16, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.08.030 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PET ZOOS. (Report from the License Supervisor) Volume 41 - Page 219 87/88 Shrg 87 -14 )vlpm Agmt (26/68) 87 -15 Blower/ Health & Sanitation (44) (27) 87 -16 Lic COUNCIL MEMBERS y � • • 11 CITY OF NEWPORT BEACH MINUTES June 8, 1987 (d) Proposed ORDINANCE NO. 87 -17, being, All ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5..08.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COIN MACHINES. (Report from the License Supervisor) (e) Proposed ORDINANCE NO. 87 -18, being, Ali ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.08.050 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO GAMES OF SKILL OR AMUSEMENT. (Report from the License Supervisor) (f) Proposed ORDINANCE NO. 87 -19, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.08.060 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PENNY ARCADE IN THE "FUN ZONE" (Report from the License Supervisor) (g) Proposed ORDINANCE NO. 87 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.08.070 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AMUSEMENT BUSINESS IN THE "FUN ZONE ". (Report from the License Supervisor) (h) Proposed ORDINANCE NO. 87 -21, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.08.080 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MERRY -GO -ROUND OR SIMILAR DEVICES. (Report from the License Supervisor) Volume 41 - Page 220 Ord 87 -17 Bus Lie Fees /Coin Machines (27) Ord 87 -18 Bus Lie Fees /Skill & Amusement Games (27) Ord 87 -19 Bus Lie Fees /Arcade "Fun Zone" (27) Ord 87 -20 Bus Lie Fees / "Fun Zone" Amusement (27) Ord 87 -21 Bus Lie Fees/ "Merry -Go- Round" (27) COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 (i) Proposed ORDINANCE NO. 87 -22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.08.090 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SOLICITING AND PEDDLING. (Report from the License Supervisor) (j) Proposed ORDINANCE NO. 87 -23, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.10.050 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SPECIAL EVENT PERMIT FEES. (Report from the License Supervisor) (k) Proposed ORDINANCE NO. 87 -24, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.12.030 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AS TAXI OR VEHICLES FOR HIRE. (Report from the License Supervisor) (1) Proposed ORDINANCE NO. 87 -25, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.12.110 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ANNUAL VEHICLE FEE /TAXICABS, VEHICLES FOR HIRE. (Report from the License Supervisor) (m) Proposed ORDINANCE NO. 87 -26, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.12.320E OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO DRIVER'S PERMIT /TERM RENEWAL. (Report from the License Supervisor) Volume: 41 - Page 221 Ord 87 -22 Bus Lic Fees /Solic- iting (27) Ord 87 -23 Special Events Perm (27) Ord 87 -24 Bus Lic/ Taxi Certif Convenience (86) Ord 87 -25 Bus Lic/ Taxi Annual Veh Fee (86) Ord 87 -26 Bus Lic Driver Perm Renewal (27) COUNCIL MEMBERS n\ � `G S • • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 (n) Proposed ORDINANCE NO. 87 -27, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.16.030B OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO APPLICATION FOR GOING OUT OF BUSINESS SALE PERMIT. (Report from the License Supervisor) (o) Proposed ORDINANCE NO. 87 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.20.060 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO LICENSE FEES /PAWN BROKER AND SECONDHAND DEALER. (Report from the License Supervisor) (p) Proposed ORDINANCE NO. 87 -29, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 7.04.060 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING to LICENSE AND FEES. (Report from the License Supervisor) (q) Proposed ORDINANCE NO. 87 -30, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.2.62.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TEMPORARY STREET CLOSURE PERMITS. (Report from the License Supervisor) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -69 requesting the Board of Supervisors of the County of Orange to consolidate a special municipal election of the City of Newport Beach with the Statewide General Election pursuant to Section 23302 of the California Elections Code. (Report from the City Attorney and report from the City Manager) Volume 41 - Page 222 Ord 87 -27 Bus Lic/ G -O -B Sale Permit (27) Ord 87 -28 Bus Lic Pawn Broker Secondhand Dlr Fees (27) Ord 87 -29 Bus Lic/ Animal Fees (27) 87 -30 Traffic Temp St Closure Perm (65/85) Election/ Special Beacon Bay Res 87 -69 (39) COUNCIL MEMBERS r f v� • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 (b) Resolution No. 87 -70 authorizing Election/ and requesting the Board of Special Supervisors of Orange County to Beacon Bay canvass the returns of the Special Res 87 -70 Municipal Election to be held on (39) November 3, 1987, consolidated with the Statewide General Election. (See report from the City Attorney with Agenda Item F -2(a)) (c) Resolution No. 87 -71 calling and Election/ giving notice of the holding of a Special Special Municipal Election to be Beacon Bay held in said City on Tuesday, Res 87 -71 November 3, 1987, for the (39) submission to the qualified electors of said City a measure relating to the leasing of residentially- developed parcels in Beacon Bay. (See report from the City Attorney with Agenda Item F -2(a)) (d) Resolution No. 87 -72 directing the City Attorney to prepare an impartial analysis of the measure relating to the lease of residential parcels in Beacon Bay. (See report from the City Attorney with Agenda Item F -2(a)) Election/ Special Beacon Bay Res 87 -72 (39) (e) Resolution No. 87 -73 authorizing Election/ the Mayor to file a written Special argument in support of a City Beacon Bay measure pertaining to the lease of Res 87 -73 residential parcels in Beacon Bay (39) (See report from the City Attorney with Agenda Item F -2(a)) (f) Resolution No. 87 -74 authorizing Fire /Auto- the Mayor's execution of the matic Aid Automatic Aid Agreement among the Agmt Cities of Fountain Valley, Res 87 -74 Huntington Beach, Newport Beach, C -2651 Westminster and the County of (38) Orange. (Report from the Fire Chief) (g) Resolution No. 87 -75 authorizing the Mayor's execution of the Agreement for Consolidated Fire Emergency Communications, Training, Reporting and Information Systems. (Report from the Fire Chief) Fire /Emerg Communicatn Consolidatn Res 87 -75 C -2652 (38) (h) Resolution No. 87 -76 rescinding Inter -Cty Resolution No. 86 -79 approving Airport Auth participation of the City of Irvine Res 87 -76 in the Inter - County Airport C -2542 Authority. (Report from the (61/38) Executive Assistant) Volume 41 - Page 223 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 3. CONTRACTS/AGREEMENTS: (a) Authorizing the Mayor and City GPA 87 -1/ Clerk to enter into a contract with Trf /Model Austin -Foust Associates for . Studies preparation of Traffic Studies and C -2653 Model required for General Plan (38) Update (GPA 87 -1) not to exceed $50,000. (Report from the Planning Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Fire Department for report back, Ambulance/ proposal to the City of Newport Fire Dpt Beach from Schaefer Ambulance (22) Service Inc. (b) To Planning Department for reply, (Planning letter from Shirley Sheppard (68) regarding new parking structure on Balboa Peninsula. (c) To City Manager for response, I City Mgr letter from M. A. Richley, Jr. (34) regarding the need for a Police Commission. (d) To Marine Department for reply, Marine Dpt letter from Susan Mead - Larssen, (51) regarding application for boat slip in Balboa Yacht Basin. (e) To Parks, Beaches and Recreation PB&R Department for response, letter (62) from Elizabeth Bradfield regarding proposed stadium at Corona del Mar Nigh School. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Steven Corrigan alleging personal injuries as a result of trip and fall con broken curb while jogging on Balboa Boulevard near Palm Street: on February 21, 1987. Volume 41 - Page 224 (36) Corrigan COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 (b) Mark Futino alleging false arrest, Futino false imprisonment, metal anguish, loss of wages, etc., at vicinity of Newport: Boulevard and Finley on May 7, 1987. (c) Ladd McClurg alleging negligence on McClurg the part of City to cover open construction trench caused damage to his vehicle at Goldenrod and Seaview Avenues on May 7, 1987. (d) Becky Pollard alleging damages against: City as a result of loss of husband in helicopter accident on March 1.0, 1987. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Teresa Hegg for personal injuries, Orange County Superior Court, Case No. 473786. Claim was denied by the City Council October 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: None. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON MAY 21, 1987. 10. PUBLIC HEARING SCHEDULING: None. 11. LEGAL PUBLICATIONS FOR 1987 -88 - Instruct the City Clerk to publish a Notice Inviting Bids to be received on or before the hour of 4:00 p.m., on Friday, June 12, 1987, for a contract covering the publishing and printing of legal notices, or other material required to be published in a newspaper of general circulation published and circulated In the City of Newport Beach, for the fiscal year ending June 30, 1988. Volume 41 - Page 225 Pollard (36) Hegg Planning Commission (68) Advertising/ Legal (20) COUNCIL MEMBERS ti O 1 • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 12. STREET LIGHT REPLACEMENT FOR BALBOA BOULEVARD FROM ALVARADO STREET TO B STREET (C -2562) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from the Public Works Department) 13. STREET LIGHT CONVERSION PROGRAM, PHASE III (C -2563) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from the Public Works Department) 14. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 831 - Accept the public improvements constructed in conjunction with Resubdivision No. 831 (a portion of Lots 1 and 3, Block 640, Corona del Mar, located at 601 Narcissus Avenue on the northwesterly corner of Narcissus Avenue and Third Avenue in Corona del Mar); and authorize the City Clerk to release the Faithful Performance Cash Surety in the amount of $500.00 (deposited with the City on October 13, 1986, receipt No. 00356) and release the Labor and Materials Cash Surety in the amount of $500.00 (deposited with the City on October 13, 1986, receipt No. 00356). (Report from the Public Works Department) 15. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10814 - Accept the public improvements constructed in conjunction with Tract No. 10814 (a portion of Blocks 55, 56, and 93 of Irvine's Subdivision, located on the northerly side of San Joaquin Hills Road between Jamboree Road and MacArthur Boulevard, in Area 10 of the Big Canyon Planned Community); and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 52408295) and release the Labor and Materials Bond (Bond No. 52408295) in six months provided no claims have been filed. (Report from the Public Works Department) Volume 41 - Page 226 boa B1 Light (38) St Light Cnvrsn/ Phase III C -2563 (38) Resub 831 (84) 10814 COUNCIL MEMBERS ti • • CITY OF NEWPORT BEACH MINUTES June 8, 1987 INDE; 16. ACCEPTANCE OF IMPROVEMENTS IN USE PERMIT U/P 3126 NO. 3126 - Accept the public (88) improvements constructed in conjunction with Use Permit No. 3126 (Lots 20, 21, and a portion of Lots 8, 9, 10 and 11 of Block 25, East Side Addition, Balboa Tract; Lots 9 and 10, Block P, Bay Front Section, Balboa Tract; and a vacated portion of East Bay Avenue, located at 1617 East Bay Avenue (vacated), on the westerly side of I Street, adjacent to Newport Bay on Peninsula Point); and authorize the City Clerk to release the Faithful Performance Bond (Bond No. B 394987) and release the Labor and Materials Bond (Bond No. B 394987) in six months provided no claims have been filed. (Report from the Public Works Department) 17. ACCEPTANCE OF 1986 -87 STREET RESURFACING St Rsrfcg/ AND FOG SEA], PROGRAM (C -2632) - Accept Fog Seal work; and authorize the City Clerk to '86 -87 file a Notice of Completion and release C -2632 the bonds 35 days after Notice of (S8) Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from the Public Works Department) 18. SPECIAL EVENTS APPLICATIONS - Uphold Permits/ Staff's recommendation for approval of Spcl Evnts the following, subject to conditions: (65) (Report from the License Supervisor) #87 -0751 - DIMO Cycling Fun Bike #87 -079 Ride (temporary road closure) at Back Bay Drive, on September 20, 1987; #87 -801 - Campus Crusade for Christ #87 -801 Musical. Presentation (amplified sound) at the Gazebo in Peninsula Park, on June 27, 1987. 19. BUDGET AMENDMENTS - For approval: (25) BA -096, $50,000 - Transfer in Budget Appropriations for preparation of Traffic Studies and Model required for General Plan Update; Traffic Studies and Model /General Plan Update Fund. (See Agenda Item F -3(a)) BA -097, $286,534 - Transfer in Budget (25) Appropriations for Unit II Upper Newport Bay Sediment Control and Restoration Project. (Report from the Public Works Department) Volume 41 - Page 227 COUNCIL MEMBERS • Motion All Ayes Motion All Ayes r L J x x CITY OF NEWPORT BEACH MINUTES June 8, 1987 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: None. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -13, being, AN ORDINANCE, OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.50.060 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT APPEAL, was presented for second reading with report from the Assistant City Attorney, dated May 18, 1987. Motion was made to adopt Ordinance No. 87 -13. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Orange County Housing Authority - Request to reappoint or newly appoint' one representative and one Alternate to serve on the Advisory Committee of the Orange County Housing Commission, was presented. Motion was made to reappoint Craig Bluell as the Representative, and Robert Brockman as the Alternate. Ord 87 -13 Weed Abatm/ Public Nuisance Appeal (41) 0/C Housing (54) 2. Report from the Public Works Department Perm concerning APPLICATION OF HENRY T. Encr SEGERSTROM TO CONSTRUCT A RAISED PLANTER Sege IN THE NORTHERLY END OF "I" STREET, was (65) presented. It was noted in the staff report that pursuant to Council Policy L -10 "Private Encroachments in Public Ways Ending at Ocean Front or Newport Bay ", provides that raised planters which encroach more than 1 -foot into the public- right -of way, or are over 3 -feet in height, require the prior approval of the City Council and a permit from the Public Works Department, which was not done in this instance. The planter was constructed at the same time that the street was reconstructed by the applicant. Three palm trees are planted in the planter. Prior to the Volume 41 - Page 228 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS June 8, 1987 construction of the street, there was one palm tree in an opening in the pavement. MINUTES It was recommended by the staff that the subject application be denied based on the following: "The wording of Policy L -10, which provides that permitted improvements shall not decrease the ease of access to the beach for emergency and utility vehicles or pedestrians; and "The planter interferes with launching hand - carried boats at the street end. Resolution 7439 designates 'I' Street as one of the streets where launching of hand - carried boats is permitted." Orville Meyers, Engineer representing Henry T. Segerstrom, Applicant, addressed the Council and stated that the original planter constructed in 1975 was approximately 4' x 4' with a 6" raised curb, and when he prepared the improvement ,plans for the reconstructed street, he showed it as 5' x 5' with the intention to put back one palm tree in the planter. Mr. Segerstrom, seeing an opportunity to enhance the landscaping in the area, asked the contractor if the planter could be constructed larger. Obviously this application should have been routed through the Public Works Department, and he stated they apologize for the oversight. Mr. Meyers stated that they do not feel the larger planter interferes with the launching of hand- carried boats as there is 8' between the planter -curb and the property line wall, and approximately 12' between the palm trees and the property line wall. With regard to access for emergency vehicles and pedestrians, there is a newly constructed 16" high bulkhead that was installed just recently by the City which they feel would preclude the possibility of any emergency vehicle getting out onto the sand in that area. They do not feel the planter prevents boat or pedestrian access, and requested that the application be approved with additional landscaping in the planter. Volume 41 - Page 229 Permit/ Encrchm Segerstrom COUNCIL MEMBERS ti � G9Z �G 4AA �f 9 Motion All Ayes 0 Motion All Ayes • • x x CITY OF NEWPORT BEACH June 8, 1987 3 MINUTES Following discussion, motion was made to deny the application, but to allow reconstruction of the original 4' x 4' planter. NOMINATIONS TO BOARDS AND COMMISSIONS (for appointment on June 22, 1987): Motion was made to confirm the following nominations from the Appointments Committee: BUILDING CODE BOARD OF APPEALS Board (Deferred to future date - -City Clerk to readvertise for additional applications) BOARD OF LIBRARY TRUSTEES (Library Bd Trustees 1. Phyllis Drayton and John Nicoll 2. C. Bennett Jackson and Carl Writer CITY ARTS COMMISSION JArts Cmsn 1. Charles Gray and Christopher Palmer 2. Shelli Stewart and Susan Murdy 3. Collene Collins and Marilee Stockman CIVIL SERVICE BOARD (Civil (Civil Service Board Nominees) Service Bd 1. Norman Loats and Marta Rubella PARKS, BEACHES AND RECREATION IPB &R Cmsn 1. Taylor Grant and Leland Oliver 2. A. Z. Taft and Thomas M. Bay PLANNING COMMISSION 1. James Person and James V. Robinson 2. Gary DiSa.no and Thomas Edwards Meeting adjourned. at 9:10 p.m. * * * A. * * * * * * * * The agenda for this meeting was posted on Thursday, June 4, 1987, at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Bch Administration $gilding,, A ATTEST: Volume 41 - Page 230