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Home My WebLink About09/14/1987 - Regular MeetingCOUNCIL MEMI y r\ �G9�L CG�A Cf A„l^9 y • Present x Absent x Motion All Ayes Motion All Ayes • Motion All Ayes • CITY OF NEWPORT BEACH X x x x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7::10 P.M. DATE: September 14, 1987 Mayor Cox presented plaques honoring Jim Edgar and Joel Chantry of Newport Beach Fire Department and Ann Walker, nurse from Huntington Beach, for their courageous efforts in saving the life of a three -year old child in the waters of Lake Havasu. Mayor Cox presented a Proclamation to Paul Motenko, in recognition of September as Cystic Fibrosis Awareness Month. A. ROLL CALL. B. Reading of Minutes of August 24, 1987, was waived„ approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: None. 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 September 28, 1987: (a) Proposed ORDINANCE NO. 87 -40, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.50.070A OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TRANSFER FEES FOR MASSAGE ESTABLISHMENTS. (Report from the Business License Supervisor) Volume: 41 - Page 341 (27) 87 -40 Eatb COUNCIL MEMBERS IN\1�16 \0-% n � • • • CITY OF NEWPORT BEACH MINUTES September 14, 1987 2 3. (b) Proposed ORDINANCE NO. 87 -41, being, AM ORDINANCE OF THE CITY CIOUNCIL OF THE CITY OF NEWPORT BEACH ADDING NEW CHAPTER 5.80 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE RETAIL SALE OF CONCEALABLE FIREARMS. (Report from the City Attorney) (c) Proposed ORDINANCE NO. 87 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AUTHORITY OF PUBLIC EMPLOYEES TO ISSUE CITATIONS. (Report from the City Attorney) RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -143 authorizing release of summary criminal history information to its officers and employees to assist them in fulfilling employment, certification or licensing duties. (Report from the City Attorney) Ord 87 -41 Business License Rags Firearms (27) Ord 87 -42 Citations (53) tea 87 -143 (66) (b) Resolution No. 87 -144 repealing Parking/ Resolution No. 6459 pertaining to a Restricted three -hour time limit parking on Res 87 -144 portions of Dana Road and Flagship (63) Road. (Report from the Traffic Affairs Committee) (c) Resolution No. 87 -145 adding Marine Avenue from North Bay Front to Park Avenue to the list of streets and sidewalks where skateboarding is prohibited and rescinding Resolution No. 86 -71. (Report from Traffic Affairs Committee) CONTRACTS /AGREEMENTS: None. Volume 41 - Page 342 Res 87 -145 (85) COUNCIL MEMI y n1 11 \9 • • CITY OF NEWPORT BEACH MINUTES September 14, 15187 4. 5. COMMUNICATIONS - For referral as indicated: (a) To Marine Department for response, letter from Ruth Hulsman concerning boogie: boards used in surfing on beaches. (b) To City Attorney for inclusion in the records, letters from Mr. and Mrs. Jerry M. Plancich and Tom and Linda Cooper regarding "new pit bull Legislation." (c) To City Attorney for response, letter from S. R. Willford regarding Lido Village Parking Structure. Marine Dpt/ Surfing (51) Legislation (48) Planning/ Lido Vlg Pkg (68) (d) To City Attorney for inclusion in Offshr 031 the records, letter and attachments Lease Sale from Roger R. Stanton, chairman of 95 Orange County Board of Supervisors (87) regarding Southern California Offshore Oil Lease Sale 95. (e) To Business License Supervisor for Business response, letter from Shirley License /Vlg Packard regarding loud music at the Inn Bar Village Inn Bar on Balboa Island. 1(27) (f) To Public Works Department for PW /Boy Scout report back, letter from Boy Scouts Sea Base Sea Base located at 1931 W. Coast (74) Highway, requesting the City waive the fair share assessment fee. (g) To Planning Department for McFadden Sq inclusion in the records, letter Assmts from John W. Shea regarding (68) proposed Assessment district for McFadden Square area. (h) To Planning Department for report Planning/ back, letter from Balboa Peninsula Centrl Bal Point Association regarding Central Spcfc Area Balboa Specific Area Plan. (68) (i) To Public Works Department for PW /McFadden response, letter from McFadden Sq M/P d Square Community Association Npt Pr Toi- regarding McFadden Square Master let Fac Plan and Newport Pier Toilet (74) Facility. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. Volume 41 - Page 343 COUNCIL MEMI �9 • .• CITY OF NEWPORT BEACH MINUTES September 14, 1987 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Lyn J. Belasco alleging personal injuries as a result of fall on street: while approaching sidewalk on Diamond Avenue near Bay Front walk on August 19, 1987. (b) Allstate Insurance Company, on behalf' of Margaret Blanco and Percy Cottle:, alleging personal injuries and property damage to vehicle as a result of collision with City vehicle on July 7, 1987, at Irvine Avenue. and 17th Street. (36) Belasco Allstate Ins Co/ Blanco (c) Harvey Chernack alleging he drove Chernack over spilled white paint on street which damaged underneath of automobile on August 14, 1987, at Irvine Avenue between Bristol and 17th Street. (d) Albert and Hilda Cole alleging Cole police officer broke claimant's bell box on lock of iron gate on August 10, 1987, at 1121 White Sails Way. (e) Joel A. Copper and Robert E. Brain Copper/ seeking indemnity from claim filed Brain by George Murdock on August 2, 1985 concerning oil fire, at 44th Street and Balboa Boulevard. (f) Paul Evans alleging excessive, Evans abusive, and unnecessary force by City police.officer, on June 4, 1987, in the area of Jamboree Road near San Joaquin Hills Road. (g) Kathryn Glass claiming property Glass damage and personal injuries, as claimant's vehicle was struck by another vehicle who had been hit by a City vehicle, on July 7, 1987, at Irvine Avenue and East 17th Street. (h) Kay Gooding alleging her vehicle (Gooding hit on passenger side by City police vehicle, on August 19, 1987, at Main Street and Ocean Front. ' Volume 41 - Page 344 COUNCIL MEMBERS A y G�� Ot�� 0 0 CITY OF NEWPORT BEACH MINUTES September 14, 1987 (1) Brakke, Schafnitz and Associates, Brakke/ Inc. for Deborah Hicks alleging Schafnitz/ property damage to vehicle as a Hicks result: of collision with refuse truck., on August 15, 1987, on 16th Street:. (j) David Leroy Myers alleging he was Myers arrested and mistaken for another, person by two City police officers on May 25, 1987; seeking damages for false arrest, false imprisonment, emotional distress, etc. (k) Robert: M. Perkins alleging damage Perkins to vehicle as a result of gate operator inadvertently closing gate before! vehicle completely through gate area, on July 12, 1987, at Corona del Mar Beach Parking Lot. (1) APPLICATION TO PRESENT LATE CLAIM Bever of Eric R. Bever alleging his bicycle accident was caused by root damage: in pavement on road; claiming personal injuries, etc., on April 17, 1987, on Pacific Coast Highway. 7. SUMMONS AND COMPLAINTS: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Maintenance Man I, Asphalt Crew, General Services Department. (b) Approve one Refuse Worker I, General Services Department. (c) Approve two Refuse Worker II, General Services Department. (d) Approve one Library Clerk I, Library Department. (e) Approve three Grounds Worker I`s. Park and Tree Maintenance Division. (f) Approve one Police Captain, Police Department. (g) Approve one Police Lieutenant, Police: Department. Volume: 41 - Page 345 COUNCIL MEMBERS G • CITY OF NEWPORT BEACH MINUTES September 14, 15187 (h) Approve one Police Sergeant, Police Department. (i) Approve two Police Officers, Police Department. (j) Approve one Parking Control Officer, Police Department. (k) Approve one Police Records Assistant, Police Department. (1) Approve one Library Clerk II, Library Services Department. (m) Approve one Administrative Clerk, Planning Department. (n) Approve one Carpenter, General Services Department. (o) Approve one Equipment Operator I, General Services Department. (p) Approve one Emergency Equipment Dispatcher, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Executive Assistant Yth Empl to the City Manager regarding Srvc /Hrbr request for grant for YOUTH Area /Budget EMPLOYMENT SERVICE. (25) (b) Report from the Parks, Beaches and Girl Scout Recreation Director regarding GIRL Lease Rnl/ SCOUT HOUSE LEASE RENEWAL. PB &R (62) C- ASS (&) (c) Report from the Parks, Beaches and Council Recreation Director regarding Policy I -12 Proposed Council Policy I -12, (69) OBSTRUCTION OF VIEWS BY TREES. (d) Report from the Parks, Beaches and Oasis /PB &R Recreation Director regarding (62) FRIENDS OF OASIS REQUEST TO SERVE ALCOHOL. (e) Report from the City Attorney O'Donnell/ regarding ESTIMATE FOR FEES FROM Gordon O'DONNELL & GORDON. LEGAL SERVICES C -2331 (C- 2331). (38) Volume 41 - Page 346 COUNCIL MEMBERS CITY OF NEWPORT BEACH September 14, 1987 MINUTES Sery 24) darbor Perm !1p11 #259 -136 (51) Harbor Perm Apli #259 -112 (51) Tract 12079' Reaub 637 (84) For Council. information and filing: (f) Memorandum from the Personnel • Director regarding ELECTION OF OFFICERS FOR CIVIL SERVICE COMMISSION FOR FISCAL YEAR 1987 -88. 10. PUBLIC HEARING SCHEDULING: None. 11. HARBOR PERMIT APPLICATION #259 -136 - Approve subject application, subject to conditions of approval in the staff report for Ray Oltman to revise the residential dock bayward of 136 South Bay Front. (Report from the Marine Department) 12. HARBOR PERMIT APPLICATION #259 -112 - Approve subject application, subject to conditions of approval in the staff report for Barbara L. Abshier to revise the residential dock bayward of 112 South Bay Front. (Report from the Marine Department) 13. Removed from the Consent Calendar. 14. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. • 12079 - Accept the public improvements constructed in conjunction with Tract No. 12079 (487 Morning Canyon Road); and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 01NAA024418) and release the Labor and Materials Bond (Bond No. 01NAA024418) in six months, provided no claims have been filed. (Report from the Public Works Department) 15. ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENTS REQUIRED OF RESUBDIVISION NO. 637 - Accept the traffic signal improvements constructed at the intersection of San Joaquin Hills Road at Mac Arthur Boulevard in conjunction with Resubdivision No. 637 (1601 San Miguel Drive); and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 52407994) and release the Labor and Materials Bond (Bond No. 52407994) in six months, provided no claims have been filed. (Report from the Public Works • Department) Volume 41 - Page 347 Sery 24) darbor Perm !1p11 #259 -136 (51) Harbor Perm Apli #259 -112 (51) Tract 12079' Reaub 637 (84) COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES September 14, 1987 16. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 723 - Accept the public improvements constructed in conjunction with Resubdivision No. 723 (600 Saint Andrews Road); and authorize the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 1106) and release the Labor and Materials Surety (Certificate of Deposit No. 1107) in six months, provided no claims have been filed. (Report from the Public Works Department) 17. ACCEPTANCE OF IMPROVEMENTS AT 2816 AND 2818 NEWPORT BOULEVARD (Contract No. 2605) - Accept the public improvements constructed in conjunction with an off -site parking agreement; and authorize the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 16572) and release the Labor and Materials Surety (Certificate of Deposit No. 16573) in six months, provided no claims have been filed. (Report from the Public Works Department) 18. HOSPITAL ROAD WIDENING, DOVER DRIVE SIDEWALK AND BALBOA YACHT BASIN MARINA STORAGE UNITS (C -2524) - Accept the work; 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) 19. BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) - Approve the plans and specifications; affirm the negative declaration of environmental impact; authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on October 14„ 1987; and set a public hearing for 7:30 p.m. on December 14, 1987 to hear protests concerning revocation of harbor permits, if necessary. (Report from the Public Works Department) Resub 723 (84) 2816/18 Npt B1 Imprvms. C -2605 (38) Hospital Rd: Widng /Dvr Dr Sdwlk/ Bel Ycht Ban MrnaS /U C -2524 (38) Bal Is Slk hd Rpr /Wtrs Bay C -2525 (38) 20. SPECIAL EV17NTS PERMITS - Uphold staff's Permits/ recommendation to approve the following, JSpcl Evnts subject to conditions listed in the (65) staff report. (Report from Business License Supervisor) Volume 41 - Page 348 COUNCIL MEMBERS CITY OF NEWPORT BEACH September 14, 15187 MINUTES 25) 91 (a) Application #87 -191 for temporary street closure for Newport City Arts Commission "'Salute to the Arts" on Thursday, October 1, 1987, 4:00 p.m. - 10:00 p.m. (b) Application #87 -202 for temporary road closure for Newport -Mesa YMCA 5 8 10 K Runs, on Saturday, October 17, 1987, 7:00 a.m. - 10:00 a.m. (c) Application 387 -257 for temporary street closure for Balboa Peninsula Point Association Chili Cook -Off on Saturday, September 19, 1987, noon to 4:00 p.m. (d) Application #87 -278 for amplified sound in Guys and Dolls Chapter of Performing Arts Center Dinner 8 Dance, on Friday, September 18, 1987, 7:00 p.m. to 11:00 p.m. 21. CONCEPTUALLY APPROVE AND REFER BACK TO STAFF FOR PREPARATION OF DRAWING FOR • PRESENTATION AT FUTURE STUDY SESSION, request by Environmental Quality Affairs Committee regarding CITY SIGN PROPOSAL. 22. BUDGET AMENDMENTS - For approval: BA -011, $3,604 Transfer in Budget Appropriations for purchase of a replacement for damaged Boston Whaler; Water Fund. BA -012, $8,000 Increase and Transfer in Budget Appropriations and Increase in Revenue Estimates for purchase of automobile to replace a 1985 vehicle which was totaled in a traffic accident, and receipt of $8,000 insurance settlement; Building Fund. BA -013, $1,802.25 Increase in Budget Appropriations for purchase of Narcotic Information brochures and payment of liens on "Sea Dolphin" to Tax Assessor; Police- Administrative /Police- Patrol Fund. • Volume 41 - Page 349 25) 91 COUNCIL MEME I\\\ f • • Motion All Ayes • CITY OF NEWPORT BEACH .x MINUTES September 14, 15187 BA -014, $700,000 Increase in Budget Appropriations for improvement of Avon Avenue, including curbs, gutters, sidewalks, drainage and retaining walls from Riverside Avenue westerly to the Jaguar dealership property; General Fund. BA -015, $1,450 Transfer in Budget Appropriations for share of video presentation concerning transportation issues organized by Orange County League of Cities; Nondepartmental Fund. (Letter from City of Santa Ana attached) BA -016, $27,085 Increase in Budget Appropriations for preparation of plans and cost estimates for improvement of Cannery Village and McFadden Square areas; General Fund. BA -017, $1,020 Transfer in Budget Appropriations for purchase of Receiver /Transmitter; Finance Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department recommending HARBOR PERMIT APPLICATION #111 -1000 be denied for the reasons listed in the staff report for Carol B. Senour to build a bulkhead bayward of 1000 East Balboa Boulevard, was presented. The City Clerk advised that after the agenda was printed, a letter was received from D. G. Gilliland regarding the subject application. Robert Senour, applicant, addressed the Council and requested this item be deferred to September 28, 1987, and that the Tidelands Affairs Committee view the site and the additional information he has prepared. Motion was made to grant the above request. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None. Volume 41 - Page 350 0/C League/ Trnsprtn (61) Harbor Perm Apli #111- . 1000 (51) CITY OF NEWPORT BEACH COUNCIL MEMBERS �G��G �A� of �9G9 9G9 ROLL CALLS �'p �¢► September 14, 15187 �n A1S Ayes • Ix J. CURRENT BUSINESS: 1. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCIES: Motion was made to defer to September 28, 1987, the following: (District 1) Council Member Strauss's appointment to fill the unexpired term of Marilyn Hendrickson, ending December 31, 1987; and (District b) Council Member Sansone's appointment to fill the unexpired term of Sydney Balalis, ending December 31, 1987. Meeting adjourned at 7:40 p.m., in memory of Ladislaw Reday, former Newport Beach City, Arts Commissioner, who passed away on Tuesday, August 25, 1987. The agenda for this meeting was posted on September 10, 1987, at 9:50 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: MINUTES Volume 41 - Page 351 BT /CAC