HomeMy WebLinkAbout06/13/1988 - Regular MeetingCITY OF NEWPORT BEACH
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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
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88 -17
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treet Name
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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
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CITY OF NEWPORT BEACH
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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
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CITY OF NEWPORT BEACH
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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
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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
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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
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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
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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
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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
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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.
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There being no further comments at this
Noes
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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
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The recommendation of Council Member
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Turner to approve a $312,500 allocation
was straw -voted and FAILED.
Ayes
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The recommendation for an allocation of
Noes
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$625,000 spread over a three -year period
with the conditions, as set forth in the
foregoing, was straw -voted and carried.
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Parking Lot Improvement (Bayside
Drive and Marguerite Avenue-
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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,
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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
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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
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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)
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(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
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(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
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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
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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
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(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
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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
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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
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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
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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
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CITY OF NEWPORT BEACH
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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
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CITY OF NEWPORT BEACH
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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
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on
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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
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All Ayes
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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
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Motion
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CITY OF NEWPORT BEACH
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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