HomeMy WebLinkAbout07/13/1987 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 13, 1987
A. ROLL CALL.
The reading of the Minutes of the
Meeting of June 22, 1987, was waived,
approved as written, and ordered filed.
C. The 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:
1. Mayor Cox opened the public hearing
regarding request for Certificate of
Public Convenience and Necessity for
ASSOCIATED TRANSPORTATION SERVICES,
19531 Airport Way South, Santa Ana, to
operate a public transportation service,
pursuant to the Newport Beach Municipal
Code Section 5.12.020 and 5.12.040.
Report from the Business License
Supervisor, was presented.
The City Manager summarized the above
report, noting that the applicant
intends to operate five, six - passenger
vehicles. These vehicles have been
Inspected by the Police Department, and
found to be in good operating condition,
as well as in compliance with applicable
regulations. The applicant's rate
schedule is based on distance traveled,
except for the flat rates to nearby
airports as noted on the application.
The color scheme, name and monogram on
the vehicles the applicant intends to
operate are distinct from the two
businesses currently authorized by the
City, and this is the first such
application submitted by the applicant.
The City Manager also pointed out that
Section 5.12.060(x) of the Newport Beach
Municipal Code directs the City Council
to deny an application if it is found
that there are sufficient number of
vehicles operating in the City to fully
serve the public. Since 1959, one
company, Coast Yellow Cab, has operated
twelve vehicles in the City. In October
of 1986, the City Council authorized
West Coast Cab Co. to operate ten
vehicles in the City. Due to the short
interval of time between the October '86
authorization of an 83 percent increase
Volume 41 - Page 262
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CITY OF NEWPORT BEACH
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July 13, 1987
of vehicles operating in the City, and ATS
the April '87 application by this
company to operate five vehicles, it is
difficult to establish the public demand
and necessity for additional
transportation services.
It was further noted that the Municipal
Code defines an automobile or
motor - propelled vehicle with distinctive
markings or color regularly engaged in
the business of carrying passengers for
compensation or rates based upon
distance traveled or time elapsed upon
any public street in the City, not over
a regular defined route, and whether or
not the operation extends beyond the
boundaries of the City as a taxicab.
Associated Transportation Service
(ATS), based on the information provided
on their application, meets the criteria
in the City's definition of a taxicab.
There exists pending litigation with
both the Public Utilities Commission
(PUC) and the California Superior Court
regarding this company's activities, and
whether they operate as a taxicab, which
would be regulated by the City, or as a
Charter Party Carrier, which is
regulated by the PUC.
The City Manager stated that the
Business License Supervisor recommends
Council grant a conditional, six -month
certificate authorizing ATS to operate
as a taxi business with the five
vehicles they have listed on the
attached application. A six -month
period would allow the PUC time to
provide a ruling, time for the License
Division to investigate the public
demand for additional transportation
services, and a trial period for ATS to
demonstrate their ability to operate
within municipal code requirements.
Mayor Pro Tem Hart submitted into the
record a letter she had received dated
July 9, 1987, from Orange Coast Yellow
Cab enclosing copies of the findings and
recommendations from both the PUC and
Department of Transportation regarding
the request of ATS, and recommending!
that, inasmuch as said request is still
pending before the PUC, the City Council
not approve the Certificate of Public
Convenience and Necessity at this time.
Volume 41 - Page 263
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CITY OF NEWPORT BEACH
July 13, 1987
MINUTES
Volume 41 - Page 264
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J. Terence Lyons, 1801 Century Park
East, Los Angeles, Attorney representing
the applicant, addressed the Council and
stated that ATS believes that it is
licensed by the California PUC, and it
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is the PUC that has jurisdiction over
ATS. He discussed the definition of a
"charter carrier" as defined by the
PUC, and the definition of a "taxicab,"
as set forth. in the City's municipal
code. He stated that there are
proceedings now pending before the
PUC on a complaint brought by Coast
Yellow Cab against ATS, on the issue of
whether there is a "bright" line between
charter vehicles and taxicabs, and if
so, where that line is to be drawn, and
who has jurisdiction over ATS. They
expect a decision from the PUC within
the next 30 days. In the interim, ATS
is attempting to be licensed by
"whoever" it is required to be licensed
by, in an effort to stop citations being
issued by the City. They filed an
application with the City to be a public
transportation service and not a
taxicab, because they feel the
definition of a taxicab in the municipal
code importantly refers to a
motor- propelled vehicle with distinctive
markings or color. ATS also does not
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respond to "hailing" by persons for
their service as they only operate on a
reservation basis.
Mr. Lyons stated that if the City
Council determines that because they
charge per mile, they fall under the
taxicab category, they will institute a
system of charging based on traveling
from zone to zone; however, they don't
want to do that, nor do they feel they
have to make that change. They believe
they are a charter party carrier
regulated by the PUC. They do not wish
to install meters for charging, as is
done in taxicabs.
The City Attorney stated that the
municipal code refers to two different
types of public transportation services,
i.e., 1) taxicab, and 2) public
transportation vehicle, and that the
majority of the City's regulations
governing this issue have been preempted
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by the Public Utilities Code. The City
has the authority to regulate taxicabs,
but not the authority to regulate
charter party carriers, and it appears
Volume 41 - Page 264
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COUNCIL MEMBERS
CITY OF NEWPORT BEACH
July 13, 1987
MINUTES
Volume 41 — Page 265
to him that ATS is attempting to "walk
the line" between a taxicab and charter
party carrier.
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Discussion ensued with respect to the
description of the vehicles operated by
ATS, wherein reference was made to page
12 of the staff report which sets forth
the vehicle model, year, color, license
number, markings, etc.
Thomas Philbin, President and General
Manager of Coast Yellow Cab, 17300 Mt.
Herrmann, Fountain Valley, addressed the
Council and stated that they have been
operating in the City since 1959. He
stated that in October 1986, an
application for a taxicab was considered
by the Council in which they did not
protest; however, they do wish to
register a protest against ATS. He
stated that Associated Transportation
Services has been operating Yellow Cab
Service in the City for approximately two
years under the guise of a charter party
permit issued under the California PUC.
They recently completed five days of
hearings before the PUC pertaining to
their complaint filed against ATS and
its operations. They are hopeful that
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the PUC will find that ATS is unfit to
hold PUC authority and, will, in effect,
revoke ATS' permit. In addition, there
is litigation pending in Orange County
Superior Court as a result of a lawsuit
their company has filed against ATS
pertaining to unfair business practices
and unfair competition on the part of
ATS. He stated that, in his opinion,
ATS wants the benefit of a taxicab, but
not the burden. He further stated that
if the Council. approves the subject
application, they feel the Council would
then be condoning the activities of ATS
for the past two years, who, in essence,
have been operating illegally without
the benefit of a proper permit. In
conclusion, he recommended the subject
application be denied.
At this time, the City Attorney asked
Mr. Lyons if ATS had a current permit
from the PUC, inasmuch as it appears in
the documentation submitted, that their
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certificate expired in June of 1986.
Mr. Lyons responded that their
certificate expires on an annual basis,
subject to renewal, and that ATS'
Volume 41 — Page 265
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
July 13, 1987
MINUTES
Volume 41 - Page 266
ATS
certificate did expire in June 1986.
However, prior to the expiration date,
ATS filed ark application for renewal,
but also incorporated its business at
about the same time, and due to transfer
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of ownership requirements, etc., as well
as the complaint received from Coast
Yellow Cab, the PUC stated they would
not issue a new certificate until they
had dealt with the complaint issue
first. Technically, ATS is operating
without the benefit of a permit from
PUC.
Byron Nelson, Bell Captain at the Hotel
Meredian, addressed the Council and
spoke in support of the request of ATS.
He stated that the Hotel Meredian has
used the services of both ATS and Coast
Yellow Cab, and feels they receive much
better service from ATS. He also stated
that the vans used by ATS are clean, as
well as their drivers, and air -
conditioned, which is not the case with
Coast Yellow Cab. He stated that they
serve a very high clientel at the hotel,
and he does not receive the quality
service, or good care from Coast
Yellow Cab, as they do with ATS. In
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conclusion, he stated that ATS was very
much needed by their hotel, and he would
urge their request be granted.
Glen Farmer, driver of ATS, addressed
the Council and spoke in favor of their
request. He! pointed out that with
regard to markings on vehicles, many
limousines do have company names and
telephone numbers on the sides of their
vehicles. He also felt that the City
needs more than just the two existing
taxicab companies operating in the City,
plus ATS, to provide efficient
transportation services to its visitors.
With respect: to the citations being
issued by the City to ATS, he stated
that it is the drivers who are being
cited, and he felt that at this point,
it is an ineffective use of public funds
on the part of the City until the PUC
has made their decision.
Mr. Lyons addressed the Council again,
and submitted into the record excerpts
of the transcript of the hearings before
the PUC regarding the complaint of Coast
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Yellow Cab against ATS, and noted whose
testimonies were included in the
document.
Volume 41 - Page 266
ATS
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CITY OF NEWPORT BEACH
MINUTES
July 13, 1987
Following discussion, motion was made to
continue the public hearing to July 27,
1987, to allow staff to review the
documentation presented during this
hearing, and to allow Mr. Lyons to
respond to the letter of Coast Yellow
Cab dated July 9, 1987.
2. Mayor Cox opened the public hearing
regarding proposed ORDINANCE NO. 87 -37,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 20.73 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO DELETE THE
REQUIREMENT OF SECURING USE PERMITS
FOR NEI? RESIDENTIAL CONDOMINIUM
PROJECTS (PLANNING COMMISSION
AMENDMENT NO. 648),
was presented for second reading, with a
report from the Planning Department.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
87 -37.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES :FOR INTRODUCTION - Schedule
for public hearing on July 27, 1987:
(a) Proposed ORDINANCE NO. 87 -38,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
20.01.046, DISTRICT SYMBOLS,
OF THE NEWPORT BEACH MUNICIPAL
CODE SO AS TO ALLOW SENIOR
CITIZEN HOUSING FACILITIES
(WHERE RESIDENCY IS LIMITED TO
ELDERLY PERSONS) TO EXCEED
FLOOR AREA AND /OR DWELLING
UNIT LIMITS DESIGNATED ON THE
DISTRICTING MAPS, SUBJECT TO
THE SECURING OF A USE PERMIT
IN EACH CASE; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
Volume 41 - Page 267
ATS
Ord 87 -37
Zoning
(94)
(94)
648
87 -38
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
July 13, 1987
MINUTES
Bus Lie/
Soliciting
Res 87 -96
(27)
Bus Lie/
Charities
Res 87 -97
(27)
Bus Lie/
Pawn Brkrs
Res 87 -98
(27)
Lie/
Bus Sale
Res 87 -99
(27)
Bus Lie/
Res 87 -100
(27)
Bus Lie/
Res 87 -101
(27)
Bus Lie/
Cafe Dance
Res 87 -102
(27)
Lie/
age Opr
87 -103
(27)
us'Lic/
assage Tch
es 87 -104
27)
Bus Lie/
Pet Zoos
Res 87 -106
(27)
Bus Lie/
Spcl Events
Res 87 -107
(27)
DOCUME19T [PLANNING COMMISSION
AMENDMENT NO. 650]. (Report from
the Planning Department)
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2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 87 -96 establishing
REGISTRATION FEES FOR SOLICITING
AND PEDDLING BUSINESSES. (Report
from Business License Supervisor)
(b) Resolution No. 87 -97 establishing
APPLICATION FEE FOR CHARITABLE
SOLICITATIONS. (See report
w /agenda item F -2(a))
(c) Resolution No. 87 -98 establishing
ANNUAL LICENSE FEES FOR PAWN
BROKERS AND SECONDHAND DEALERS.
(See report w /agenda item F -2(a))
(d) Resolution No. 87 -99 establishing
FEES FOR PERMIT APPLICATION FOR
GOING - OUT -OF- BUSINESS SALE. (See
report w /agenda item F -2(a))
(e) Resolution No. 87 -100 establishing
APPLICATION FEE FOR NEWSRACK
PERMIT. (See report w /agenda item
(f.) Resolution No. 87 -101 establishing
APPLICATION FEE FOR ENTERTAINMENT
ESTABLISHMENT. (See report
w /agenda item F -2(a))
(g) Resolution No. 87 -102 establishing
APPLICATION FEE FOR CAFE DANCE
PERMIT. (See report w /agenda item
F- 2(a);)
(h) Resolution No. 87 -103 establishing
APPLICATION FEE FOR MASSAGE
OPERATOR PERMIT. (See report
w /agenda item F -2(a))
(i) Resolution No. 87 -104 establishing
APPLICATION FEE FOR MASSAGE
TECHNICIAN PERMIT. (See report
w /agenda item F -2(a))
(j) Removed from the Consent Calendar.
(k) Resolution No. 87 -106 establishing
BUSINESS LICENSE FEES FOR PET ZOOS.
(See report w /agenda item F -2(a))
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(1) Resolution No. 87 -107 establishing
BUSINESS LICENSE FEES FOR SPECIAL
EVENTS. (See report w /agenda item
F -2(a))
Volume 41 - Page 268
Bus Lie/
Soliciting
Res 87 -96
(27)
Bus Lie/
Charities
Res 87 -97
(27)
Bus Lie/
Pawn Brkrs
Res 87 -98
(27)
Lie/
Bus Sale
Res 87 -99
(27)
Bus Lie/
Res 87 -100
(27)
Bus Lie/
Res 87 -101
(27)
Bus Lie/
Cafe Dance
Res 87 -102
(27)
Lie/
age Opr
87 -103
(27)
us'Lic/
assage Tch
es 87 -104
27)
Bus Lie/
Pet Zoos
Res 87 -106
(27)
Bus Lie/
Spcl Events
Res 87 -107
(27)
COUNCIL MEMBERS
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July 13, 1987
(m) Resolution No. 87 -108 establishing
DAILY PERMIT FEE FOR MOTION PICTURE
PERMIT. (See report w /agenda item
F -2(a))
(n) Resolution No. 87 -109 establishing
OFF PREMISES PERMIT. (See report
w /agenda item F -2(a))
(o) Resolution No. 87 -110 establishing
FEES FOR APPLICATION FOR TEMPORARY
STREET CLOSURE PERMIT. (See report
w /agenda item F -2(a))
(p) Resolution No. 87 -111 establishing
BUSINESS LICENSE FEES FOR SKILL AND
AMUSEMENT GAMES. (See report
w /agenda item F -2(a))
(q) Resolution No. 87 -112 establishing
BUSINESS LICENSE FEES FOR THE
MERRY -GO- ROUND. (See report
w /agenda item F -2(a))
(r) Resolution No. 87 -113 establishing
BUSINESS LICENSE FEES FOR THE
AMUSEMENT BUSINESS IN THE "FUN
ZONE." (See report w /agenda item
F -2(a))
(a) Resolution No. 87 -114 establishing
BUSINESS LICENSE FEES FOR THE PENNY
ARCADE IN THE FUN ZONE. (See
report w /agenda item F -2(a)
(t) Resolution No. 87 -115 establishing
BUSINESS LICENSE FEES FOR THE COIN
MACHINES. (See report w /agenda
item F -2(a))
(u) Resolution No. 87 -116 establishing
APPLICATION FEE FOR AN ALARM
PERMIT. (See report w /agenda item
F -2(a))
(v) Resolution No. 87 -117 establishing
APPLICATION FEE FOR TELEPHONIC
ALARM. (See report w /agenda item
F -2(a))
(w) Resolution No. 87 -118 establishing
APPLICATION FEE FOR TELEPHONIC
ALARM PERMIT. (See report w /agenda
item F -2(a))
(x) Resolution No. 87 -119 establishing
DRIVER'S PERMIT FEES. (See report
w /agenda item F -2(a))
Volume 41 - Page 269
Bus Lie/
Motion Pctr
Res 87 -108
(27)
Bus Lie/
Off Premises
Res 87 -109
(27)
Bus Lic /Temp
Street Clsr
Res 87 -110
(27)
Bus Lic /Skl
Amusmt Gms
Res 87 -111
(27)
Bus Lie/
ferry Go -Rud
Res 87 -112
(27)
Lic /Fun
Res 87 -113
(27)
Lie/Fun
Penny
Res 87 -114
(27)
Bus Lie/
;oin Mach
Res 87 -115
(27)
Bus Lie/
41arm Perm
Res 87 -116
(27)
Lie/
Res 87 -117
(27)
Bus Lie/
P,lrm Perm
Res 87 -118
(27)
Bus Lie/
Drvr's Perm
Res 87 -119
(27)
COUNCIL
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MEMBERS
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MINUTES
July 13, 1987
(y) Resolution No. 87 -120
establishing
Bus
Lic/
ANNUAL VEHICLE FEES.
(See report
Anul
Veh Fes
w /agenda item F -2(a))
Res
87 -120
PERMIT. (See report w /agenda item
Oper Perm
(27)
Res 87 -123
(z) Resolution No. 87 -121
establishing
BUSINESS LICENSE FEES
FOR
Bus
Lic /Cert
CERTIFICATE OF CONVENIENCE
AND
Convenience
NECESSITY APPLICATION.
(See report
Res
87 -121
w /agenda item F -2(a))
(27)
(as) Resolution No. 87 -122 establishing
Bus Lic /Tow
APPLICATION FEE FOR TOW TRUCKS.
Truck Apl
(See report w /agenda item F -2(a))
Res 87 -122
27)
(bb) Resolution
:ion No. 87 -123 establishing
APPLICATION FEE FOR TOW OPERATOR
Bus Lic /Tow
PERMIT. (See report w /agenda item
Oper Perm
F -2(a))
Res 87 -123
(27)
(cc) Resolution No. 87 -124 establishing Parking
a one -hour parking limit between Restrictns
8:00 a.m. and 6:00 p.m., on the Dahlia /PCH
easterly side of Dahlia Avenue 5th Ave
between. Coast Highway and Fifth Res 87 -124
Avenue. (Report from Public (63)
Works - Traffic Engineering)
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk Transptn
to execute a contract with Interair Cnsltg Srv/
Inc., for transportation consulting Interair
services. (Report from Executive C -2659
Assistant to the City Manager) (38)
(b) Authorize the Mayor and City Clerk
to execute a Professional Services
Agreement with Moffat 8 Nichol,
Engineers for the Balboa Peninsula
and West Newport Littoral Sand
Movement Study (C- 2656). (Report
from Public Works)
(c) Authorize the Mayor and City Clerk
to execute the following Library
Automation Contracts: (1)
Agreement between the Newport Beach
Public Library and DYNIX, INC., for
an integrated Library System in the
amount of $427,220; (2) Maintenance
Agreement between the Newport Beach
Public Library and DYNIX, INC.; and
(3) Personal Services Agreement
between. the City of Newport Beach
and DYNIX, INC., for Interim
Automation Project Manager.
(Report from Board of Library
Trustees)
Volume 41 - Page 270
Bal Pnsla/
WNpt Littorl
Sand /MvmStdy
(38)
(38)
INC.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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July 13, 1987
MINUTES
(d) Authorize the Mayor and City Clerk
to execute an updated Agreement for
Supplemental Law Enforcement
Services (C -2144) between the City
of Newport Beach and the City of
Irvine for the period July 1, 1987
through June 30, 1988. (Report
from Police Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Public Works- Traffic Engineering
for reply, letter from Jerry and
Connie Caliendo, (owners of The New
York Gourmet Deli) regarding closed
parking spaces on the northbound
side of Pacific Coast Highway
approaching MacArthur Boulevard in
Corona del Mar.
(b) To Planning Department for reply,
letter from Lewis P. Janowsky
opposing J.M. Peters amended plan,
requesting that they be notified of
proposed public hearing(s), and
on- street parking along Bayview
Place as soon as possible.
(c) To Pending Legislation and
Procedural Ethics Committee, Orange
County Division of League of
California Cities Legislative
Update,.
(d) Removed from the Consent Calendar.
(e) To Planning Department for
response, letter from Jennifer Sixt
requesting that the City get
permission from the California
Coastal Commission for the purpose
of saving parts of the roof tiles
from China House to erect a gazebo
at China Cove Bay, or a marker at
the entrance.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) John P. and Nita W. Connelly's
protest regarding payment of
Newport -Mesa School District fees
levied on construction at 415
Avocado, Corona del Mar.
Volume 41 - Page 271
Irvine /CNB
Splmtl Law
Enfrcm Srvs
C -2144
(38)
Parking /CdM
(63)
Planning
(68)
Legislation
(48)
Planning
(68)
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
MINUTES
(36)
(a) David L. Anderson, Jr., alleging Anderson
City truck spilled paint onto road
which caused damage to claimant's
vehicle on June 25, 1987 in front
of Fire Station located on 32nd
Street.
(b) Auto Club of Southern California Auto Club/
for Eunice 8 Francis Mooney Mooney
alleging their parked vehicle was
damaged by tree trimming hydraulic
bucket on May 28, 1987, at 501
Irvine Avenue.
(c) Betty L. Cox alleging personal
injuries as a result of fall on
sidewalk in front of 215 29th
Street on April 12, 1987, claiming
raised portion caused accident.
(d) Ray Martin Highwarden alleging
personal injuries as a result of
fall on portion of sidewalk at 600
East Bay Street on April 19, 1987,
claiming sidewalk had greasy
substance flowing onto it which
caused the accident.
Cox
Highwarden
(e) Patricia & Ron Hritz alleging Hritz
damages as a result of fall down
stairs at San Miguel Park located
at the north side of park, on March
19, 1987.
(f) Gregory S. Jenkins alleging Jenkins
personal injuries, etc., as a
result of being struck by City
Parking Control Vehicle in alley
running from "A" Street to Main
Street, near East Balboa Boulevard,
on April 17, 1987.
(g) Meg Ketchum alleging wrongful death Ketchum
of husband James David Ketchum, who
was killed in Costa Mesa Police
Helicopter in Bonita Canyon, City
of Irvine on March 10, 1987.
(h) Rebecca. Libolt alleging damages as Libolt
a result of death of former
husband., who was the pilot in Costa
Mesa Police Helicopter who was
killed in Bonita Canyon, City of
Irvine on March 10, 1987.
Volume 41 - Page 272
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
July 13, 1987
(i) Pacific Bell alleging their
submarine trunk and toll cable at
the Ecological Reserve on Back Bay
Drive was damaged on March 26,
1987, by barge and crane operated
by employee under contract with the
City.
(j) Pacific Bell alleging their
submarine trunk and toll cable at
the rear of 1842 Galaxy Drive, was
damaged on March 25, 1987, by barge
and wench operated by employee
under contract with the City.
(k) Kelly Anne Seals alleging personal
injuries as a result of stepping in
hole and suffering broken foot at
crosswalk of parking lot of the
20th Street Pier on May 24, 1987.
(1) Steiny & Company seeking indemnity
from pedestrian /automobile accident
at West Coast Highway and Superior
Avenue on July 5, 1984, involving
Tyrone A. Pruett.
(m) Elmer H. Thomassen alleging
probable damages regarding public
nuisance abatement /weed abatement
at 1918 Dover Drive, previous to
April 21, 1987.
(n) Engrid Turner alleging City Refuse
Department removed three bedframes
from alley in error at 1306 S. Bay
Front on June 13, 1987, seeking
reimbursement.
(o) Kenneth Walther, dba, Sounds by the
Sea, claiming toilet overflowed at
408 E. Balboa Boulevard on March
14, 1987, as a result of City
Maintenance Crew working on the
sewers along Balboa Boulevard,
alleging damage to his business
(carpeting, personal items, floor,
loss of business during this time).
(p) Elizabeth R. Whan alleging personal
property not located after her 1966
Volkswagen was cited, towed and
impounded at 9th Street between Bay
and Balboa on April 6, 1987, and
later sold, asking for
reimbursement of value of personal
property and car.
Volume 41 - Page 273
Pacific Bell
Pacific Bell
Seals
Steiny & Co.
Thomassen
Turner
Walther/
Sounds by
the Sea
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July 13, 1987
MINUTES
(q) Lani Wilson alleging wrongful death
Wilson
of John Libolt, who was killed in
Costa Mesa Police Helicopter in
Bonita Canyon, City of Irvine on
March 10, 1987, and who was to be
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married to claimant.
(r) Application to Present Late Claim
Thielemeir
of Margaret A. Thielemeir and Mary
Thielemeir alleging wrongful death
caused by negligence on the part of
the City due to dangerous condition
of pedestrian crosswalk at Larkspur
and Pacific Coast Highway
Intersection on December 11, 1985.
(s) Late Claim of Jeffrey S. Ray
Ray
alleging personal injuries as a
result of slip and fall on cement
walkway near north end of Corona
del Mar beach on March 14, 1987.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Mark G. Lerner for negligence,
Lerner
assault and battery, defamation,
emotional distress, etc., Orange
County Superior Court, Case No.
523027. Claim was denied by City
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Council on November 10, 1986.
(b) Barry and Sally Hermanson for
Hermanson
personal injuries and damages as a
result of accident at State Route
73 /MacArthur Blvd. and San Joaquin
Hills Rd. on August 3, 1984, Orange
County Superior Court, Case No.
45- 96 -48. Claim was denied by City
Council November 26, 1984.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve two Librarians, Library
Department.
(b) Approve three Police Officers,
Patrol Division.
(c) Approve one Associate Planner,
Planning Division.
(d) Approve one Parking Control
Supervisor, Police Department.
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(e) Approve three Senior Emergency
Dispatchers, Police Department.
Volume 41 - Page 274
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(f) Approve one Senior Police Clerk,
Police Department.
(g) Approve one Emergency Equipment
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Dispatcher, Police Department.
(h) Approve two Refuse Crewworkers,
General Services Department.
(i) Approve one Steno Clerk I, Public
Works Department.
(j) Approve one Laborer, General
Services Department.
(k) Approve one Payroll Clerk, Finance
Department.
(1) Approve one Duplicating /Mail Room
Clerk, Finance Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the Executive Assistant
Arts Cmsn
to the City Manager regarding ARTS
Asst
COMMISSION ASSISTANT recommending
(24)
referral to the Budget Committee to
provide a full -time assistant for
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the Arts Commission.
(b) Memorandum from the Executive
Budget Amnd/
Assistant to the City Manager
Hrbr Adult
recommending approval of grant of
Day Care Ctr
$10,000 to HARBOR AREA ADULT DAY
(25)
CARE CENTER.
(c) Amendments to Council Policy L -2,
Council
DRIVEWAY APPROACHES; and Council
Policy
Policy L -6, PRIVATE ENCROACHMENTS
L -2/L -6
IN PUBLIC RIGHTS -OF -WAY.
(69)
For Council information and filing:
(d) Report to the City Manager
Planning
regarding ACTIONS TAKEN BY THE
(68)
PLANNING COMMISSION ON JUNE 18,
1987.
10. PUBLIC HEARING SCHEDULING - For July 27,
1987:
(a) Removed from the Consent Calendar.
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(b) Amendment No. 649 - A request of
the KOLL COMPANY, Newport Beach, to
amend the KOLL CENTER NEWPORT
PLANNED COMMUNITY DEVELOPMENT
STANDARDS, so as to permit support
commercial uses in all of the
office areas of the Planned
Community; and the acceptance of an
Environmental Document. Property
bounded by Campus Drive, Jamboree
Road and MacArthur Boulevard; zoned
P -C. (Report from the Planning
Department)
(c) USE PERMIT NO. 3273 - Request of
THE CANFIELD GROUP, Beverly Hills,
to permit the construction of a 152
unit senior congregate living
facility on property located at
1455 Superior Avenue, zoned A -P
[0.8]. The proposal includes: a
request to allow a portion of the
building to exceed the basic height
limit in the 32/50 Height
Limitation District; a request to
establish an off - street parking
requirement based on a demonstrated
formula; and the approval of a
modification to the Zoning Code so
as to permit a project
identification sign to be
constructed in the required fifteen
foot front yard setback;
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TRAFFIC: STUDY - A request to
approve a traffic study so as to
allow construction of a 152 unit
senior congregate living facility;
and the acceptance of an
Environmental Document. (Report
from the Planning Department)
11. PROPOSED GENERAL PLAN AMENDMENT NO. 87 -2
- Sustain the recommendation of the
Planning Commission and initiate a
General Plan Amendment to the Land Use
Element of the General Plan for the
following sites: (a) Bayview Restaurant
Site (P -C Area 5); and (b) North Ford
P -C Area 1 (Toyota Motor Sales).
(Report from the Planning Department)
12. AMETHYST AVENUE STORM DRAIN AND OPAL
AVENUE STORM DRAIN (C -2584) - Approve
the plans and specifications; and
authorize the City Clerk to advertise
for bids to be opened at 11:00 a.m. on
August 12, 1.987. (Report from Public
Works)
Volume 41 - Page 276
PCA 649
Zoning
(94)
(88)
3273
Stdy
GPA 87 -2/
Bayvu Rest/
No Frd
Toyota Mtr
(45)
StrmDr
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July 13, 1987
13. RESUBDIVISION 830 - Accept the offer of
a dedication of a six (6) foot wide
easement for sewer purposes (lot 9,
block 736, Corona del Mar), located at
709 Jasmine Avenue, on the northwesterly
side of Jasmine Avenue, between Fourth
and Fifth Avenues in Corona del Mar.
(Report from Public Works)
14. BIG CANYON COUNTRY CLUB - Approve an
Encroachment Agreement for nonstandard
improvements within an existing sewer
easement (block 92 of Irvine's
Subdivision, located at One Big Canyon
Drive, Newport Beach); and authorize the
Mayor and City Clerk to execute subject
agreement and record with the Orange
County Recorder. (Report from Public
Works)
15. RESUBDIVISION 841 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision 841 (a
portion of lot H, tract 616 and parcel 1
of parcel map #84 -725, located at 2431,
2439, 2505 and 2507 West Coast Highway)
and authorize the Mayor and City Clerk
to execute subject agreement; approve
parcel map agreement guaranteeing
completion and recordation of the parcel
map required with Resubdivision 841 and
authorize the Mayor and City Clerk to
execute the subject agreement. (Report
from Public Works)
16. RESUBDIVISION 828 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision 828 (lot 3,
block 2, tract 27), located at 3214 Clay
Street on the northeasterly side of Clay
Street, between Bolas Avenue and
Westminster Avenue in Newport Heights;
and authorize the Mayor and City Clerk
to execute subject agreement. (Report
from Public Works)
17. 1987 -88 STREET RESURFACING PROGRAM
(C -2643) - Approve the plans and special
provisions; and authorize the City Clerk
to advertise for bids to be opened at
11:00 a.m. on July 30, 1987. (Report
from Public Works)
Volume. 41 - Page 277
830
(84)
C /Clb
(65)
(84)
2643
B)
841
828
Rsrfc
'87 -88
COUNCIL MEMBERS
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July 13, 1987
18. 1986 -87 WATER MAIN REPLACEMENT PROGRAM
(C -2566) - 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 pursuant to applicable sections
of the Civil Code. (Report from Public
Works)
19. SUMMIT STREET IMPROVEMENTS AND BALBOA
PARKING LOT IMPROVEMENTS (C -2575) -
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 pursuant
to applicable sections of the Civil
Code. (Report from Public Works)
20. BALBOA BOULEVARD WIDENING (C -2589) -
Accept the work for demolition of
buildings; and authorize the City Clerk
to release the bonds. (Report from
Public Works)
21. PACIFIC COAST HIGHWAY RIGHT -OF -WAY
CONVEYANCE TO THE STATE OF CALIFORNIA -
Authorize the Mayor and City Clerk to
execute a Municipal Grant Deed and a
Highway Easement Deed which convey
street right -of -way on Coast Highway
between Jamboree Road and MacArthur
Boulevard from the City of Newport Beach
to the State of California. (Report
from Public Works)
22. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS
ADVISORY COMMITTEE VACANCY - Accept the
resignation of Gary J. DiSano from the
subject committee, as a result of his
appointment to the Planning Commission,
and direct the City Clerk to prepare a
Certificate of Appreciation.
(Resignation letter attached)
23. SPECIAL EVENTS PERMITS - Uphold staff's
recommendation to approve the following
applications, subject to conditions in
the staff report: (Report from Business
License Supervisor)
(a) Application #87 -177 - Cynthia
Garrett, Private Party at 1433
Galaxy for amplified sound in
a residential area on
Saturday, July 25, 1987.
Volume 41 - Page 278
Wtr Mn Rplcm
Prgrm /'86 -87
C -2566
(38)
Summit St/
Balboa Pkg
Lt Imprms
C -2575
(38)
Balboa B1
Wdng /Demltn
C -2589
(38)
R -O-W
ync to
State/
(73)
EQA /CAC
(24)
Permits/
Spcl Evnts
(65)
87 -177
COUNCIL MEMBERS
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(b) Application #87 -185 - Daniel Apli #87 -185
Reich, M.D., Private Party at
6410 West Oceanfront for
amplified sound in a
residential area on Saturday,
August 1, 1987.
24. COMMERCIAL ACTIVITIES HARBOR PERMIT -
Approve the request for transferring
permit from Cormorant Cruises, a charter
boat operation at 3366 Via Lido, to
Hornblower Yachts, Inc., subject to
conditions :Listed in the staff report.
(Report from the Marine Department)
25. HARBOR PERMIT APPLICATION #0011 -0100 -
Approve the application by DeAnza
Bayside Village to revise their
commercial docks bayward of 300 East
Coast Highway, subject to the conditions
listed in the staff report. (Report
from the Marine Department)
26. HARBOR PERMIT APPLICATION #259 -132 -
Approve the application by Dave Stone to
revise his residential pier and float
bayward of 132 South Bay Front, subject
to conditions listed in the staff
report. (Report from the Marine
Department)
27. Removed from the Consent Calendar.
Commercial
Actv Hrbr
Prmt /Horn-
blower Ychts
(51)
Harbor Perm
Apli#0011-
0100
(51)
Harbor Perm
Apli #259 -132
28. BUDGET AMENDMENT - For approval: (25)
BA -001, $5,000 - Transfer in Budget
Appropriations to provide for Leadership
Newport; Nondepartmental - Advertising and
Public Relations Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. APPEAL APPL:CATION AND LETTER DATED JUNE U/P 3272
10, 1987, FROM JOHN D. PIERCE FOR USE (88)
PERMIT NO. :3272, denied by the Planning
Commission on May 21, 1987, on request
to permit the installation of outdoor
tennis court lighting on property at 2
Narbonne, Newport Beach (located in Area
11 of the Harbor View Hills Planned
Community), was presented for public
hearing scheduling on July 27, 1987.
The City Clerk advised that the
applicant had submitted a letter after
the agenda was printed, requesting the
subject hearing be held in August, 1987.
Volume 41 - Page 279
COUNCIL MEMBERS
Motion
All Ayes
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Motion
All Ayes
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Motion
All Ayes
x
x
x
CITY OF NEWPORT BEACH
MINUTES
July 13, 1987
Motion was made to schedule a public
hearing on the foregoing item for August
10, 1987.
2. Report from the Marine Department
recommending approval, subject to
conditions listed in the staff report
for HARBOR PERMIT APPLICATION #129 -2801
by James Carter to revise the commercial
docks bayward of 2751 and 2827 West
Coast Highway, was presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from the applicant requesting
this item be removed from the agenda
until further notice.
Motion was made to grant the foregoing
request.
3. Proposed resolution establishing fees
for dog licenses with report from
Business License Supervisor, was
presented.
Council Member Plummer indicated her
continual concern regarding the need for
stronger enforcement pertaining to dog
litter; and stated she would favor the
City issuing, along with new dog
licenses, a notice of the City's
animal control regulations, as well as
possibly dog scoopers and bags.
The City Manager advised that very clear
instructions will be issued along with
the dog licenses pertaining to animal
nuisances (cleaning up after dogs or
animals).
There being no further comments, motion
was made to adopt Resolution No. 87 -105
establishing FEES FOR DOG LICENSES.
4. Letter from S. R. Willford regarding
parking rights of Lido Shop owners, was
presented.
Sandy Willford, owner of property in the
3400 block of Via Lido, known as the
Lido Shops, addressed the Council
referencing his letter of July 3, 1987,
wherein he requests the City Council to
review its action taken pertaining to
the parking rights in the multi -story
parking structure located immediately
north of the shops. He stated he felt
the Council has been ill- advised, and
that the City Attorney's office has a
Volume 41 - Page 280
Harbor Perm
Apli #129 -
2801
Bus Lie/
Dog Lie Fees
(27)
(68)
87 -105
Shop/
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CITY OF NEWPORT BEACH
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legal conflict of interest in Lido Shop/
representing; both the City staff and Parking
City Council., and therefore, the Council
should receive independent legal advice
regarding this matter.
Mr. Willford stated this issue has been
dealt with for over a year, and he would
request that: it be referred to the staff
for report. He summarized areas of
concern to him, as enumerated in his
letter and stated that the only real
issue is, "Do the Lido Shop owners have
a parking agreement granting parking
rights ?" If' so, he felt the staff
should honor it.
Mr. Willford stated that if the City
Attorney and staff have evidence which
shows that they do not have the parking
rights set forth in the parking
agreement, it should be presented now.
Otherwise, he felt the Council should
instruct the staff to honor the
agreement. In conclusion, he requested
that:
1) Staff specifically list what
they feel the disputes are
between the owners of the
parking structure and the Lido
Shop owners;
2) City Council obtain its own
independent legal counsel on
this issue; and
3) Rather than litigate the issue
in Executive Session, this
matter be discussed openly in
a regular City Council
meeting.
The City Attorney stated that he would
like longer than two weeks before
bringing this item back to the Council,
in order that he and the staff can
review the issue and make
recommendations to the Council. He
stated he felt there still was a dispute
involved, based upon the fact that there
are certain developments that have
occurred in Lido Village that have been
approved by the Planning Commission, or
City Council which made certain
assumptions about the availability of
parking spaces in the parking structure,
and who is entitled to those spaces. He
stated he felt the City Council does not
have the right to decide what the
Volume 41 - Page 281
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MINUTES
Volume 41 - Page 282
Lido Shop/
Parking
parking agreement between Traweek Real
Estate Corp.., and the Lido Shop owners
actually means. He also stated that all
the City Attorney's office has done in
regard to this issue is to present
•
information to the decision makers, and
he sees no conflict of interest in his
office advising the City Council on this
matter. He also has no objection to
discussing this issue publicly.
In response to question raised by
Council Member Sansone, the City
Attorney stated that no one has taken
parking spaces away from Lido Shops. He
stated that the subject agreement can be
interpreted in several different ways:
the Lido Shop owners had the exclusive
right to 24 parking spaces; in addition
to that right, their customers would be
allowed to ttse, on a nonexclusive basis,
other spaces within the parking
structure. Another interpretation is
that the Lido Shops had free validated
parking within the structure to the
extent of 200 validations per day.
Still another interpretation is that
Lido Shops is entitled to 224 parking
spaces in terms of the City's Zoning
Code requirements. He stated he does
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not know which interpretation is
correct. He stated that over the years
the Planning; Commission and the City
Council have: approved applications for
development within Lido Village that
assumed there were available spaces
within the structure to satisfy parking
requirements; imposed by the Zoning Code.
Those spaces; have not been given to
Traweek as opposed to Lido Shops, but
there is now a situation where the
development approvals issued by the City
rely upon a particular set of
circumstances which Mr. Willford states
is not the ease.
The City Attorney further commented that
their office: has sent a questionnaire to
Traweek Rea]. Estate Corp., and to the
Lido Shop owners in an attempt to get
them to clarify their position relative
to the meaning of the subject parking
agreement. He stated that he was
informed by Mr. Willford that the Lido
Shops are not going to respond to the
questionnaire; however, the attorney
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representing Traweek has indicated he
will be responding.
Volume 41 - Page 282
Lido Shop/
Parking
COUNCIL MEMBERS
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All Ayes
Motion
All Ayes
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CITY OF NEWPORT BEACH
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July 13, 1987
Tom Levyn, :505 City Parkway West,
Orange, Attorney representing Traweek
Real Estate Corporation (owner of Lido
Marina Village), addressed the Council
and stated that he did not come to this
meeting prepared to discuss their
interpretation of the parking agreement,
but would be pleased to make a full
presentation at a future Council
meeting. Mr. Levyn stated that Mr.
Willford, the City Attorney and he have
been working; diligently over the past
months in an attempt to resolve the
issue, which has not yet been done.
The City Attorney stated that what they
have attempted to do in their
discussions„ is to determine what their
respective positions are relative to the
meaning of the parking agreement. Also,
they have come up with other issues
which probably should be presented to
the City Council prior to interpleader
action being filed. He further stated
he does not want to put the Council in
the position of being asked to interpret
the meaning of the parking agreement.
There being no further comments, motion
was made to refer this item to staff for
further study and clarification, with
report back on August 10, 1987.
H. ORDINANCES FOR ADOPTION:
Mayor Pro Tem Hart advised that she had
listened to the Council meeting
proceedings of June 22, 1987, and
therefore, would be able to participate
in considering the following ordinances.
1. Proposed ORDINANCE NO. 87 -31, being,
Lido Shop/
Parking
AN ORDINANCE OF THE CITY COUNCIL OF (51)
THE CITY OF NEWPORT BEACH AMENDING
SECTION 17.24.090 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
REVOCATION OF PERMIT,
was presented for second reading with
report dated June 11, 1987, from
Assistant City Attorney.
Motion was made to adopt Ordinance No.
87 -31.
Volume 41 - Page 283
87 -31
or Regs
COUNCIL MEMBERS
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July 13, 1987
MINUTES
2. Proposed ORDINANCE NO. 87 -32, being,
Ord 87 -32
Misdemeanor/
AN ORDNANCE OF THE CITY COUNCIL OF
Infraction
THE CITY OF NEWPORT BEACH AMENDING
Fine
SECTION 1.04.010 OF THE NEWPORT
(53)
•
BEACH 1UNICIPAL CODE PERTAINING TO
VIOLATION OF THE MUNICIPAL CODE,
was presented for second reading with
report dated June 15, 1987, from
Assistant City Attorney.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
87 -32.
3. Proposed ORDINANCE NO. 87 -33, being,
Ord 87 -33
Penal Code
AN ORDINANCE OF THE CITY COUNCIL OF
(53)
THE CITY OF NEWPORT BEACH AMENDING
SECTION 1.12.010 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
ADOPTION OF PENAL CODE,
was presented for second reading with a
report dated June 15, 1987, from
Assistant City Attorney.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
87 -33.
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4. Proposed ORDINANCE NO. 87 -34, being,
Ord 87 -34
Citations
AN ORDINANCE OF THE CITY COUNCIL OF
(53)
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,
was presented for second reading with a
report dated June 15, 1987, from the
Assistant City Attorney.
Motion
x
Motion was made to amend the subject
All Ayes
ordinance by adding the Building
Director and Chief Building Inspector to
those positions who may issue citations,
and reintroduce the ordinance and pass
to second reading on July 27, 1987.
5. Proposed ORDINANCE NO. 87 -35, being,
Ord 87 -35
Vehicles/
AN ORDINANCE OF THE CITY COUNCIL OF
Trfc
THE CITY OF NEWPORT BEACH AMENDING
(85)
SECTION 12.40.165 OF THE NEWPORT
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BEACH MUNICIPAL CODE PERTAINING TO
ELECTRIC CART PARKING ZONES,
Volume 41 - Page 284
COUNCIL MEMBERS
n
yes
Motion
All Ayes
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CITY OF NEWPORT BEACH
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July 13, 1987
was presented for second reading with a
report dated June 11, 1987, from the
Assistant City Attorney.
Motion was made to adopt Ordinance No. .
87 -35.
6. Proposed ORDINANCE NO. 87 -36, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
SECTION 12.66.070 TO THE NEWPORT
BEACH MUNICIPAL CODE PROVIDING FOR
APPLICATION OF THE CALIFORNIA
VEHICLE CODE ON THE ROADS IN THE
SEA ISLAND DEVELOPMENT,
was presented for second reading with a
report dated June 22, 1987, from the
Public Works Department /Traffic
Engineering.
Motion was made to adopt Ordinance No.
87 -36.
I. CONTINUED BUSINESS:
1. NOMINATIONS FROM APPOINTMENTS COMMITTEE
(for appointment on July 27, 1987).
Motion was made to confirm the
appointments committee's nominations as
follows:
BUILDING CODE BOARD OF APPEALS
David Buchanan and John Wikle
CITY ARTS COMMISSION
Phyllis Drayton and Marilee Stockman
J. CURRENT BUSINESS:
1. Report from Public Works regarding
APPEAL OF RANDY AND LYNDA STABLER from
denial by the staff of application to
construct a 5- foot -high fence
encroaching 12 feet into the public
right -of -way at 531 Santa Ana Avenue,
was presented.
The City Manager summarized the staff
report noting that pursuant to Council
Policy L -6, "Private Encroachments in
Public Rights -of- Way," Council approval
is required for structural encroachments
including fences that encroach more than
one foot into the public right -of -way,
Volume 41 - Page 285
Ord 87 -36
Vehicles/
Trfc
(85)
g Code
Appeals
(65)
Cmsn
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COUNCIL MEMBERS
July 13, 1987
MINUTES
or are over 3 feet in height. On Santa Permit/
Ana Avenue between Cliff Drive and 15th Encroachment
Street, the staff may approve
encroachments to within 8 feet of the
curb if the encroachments conform to the
other provisions of the policy.
In addition, the City Manager pointed
out that Section 20.20.070 of the
Municipal Code provides that no fence
shall exceed 3 feet in height in any
required front setback. He stated that
as a genera]. policy, the staff requires
that when by Council Policy private
encroachments are permitted in a public
right -of -way, adjacent to a front
setback, the: encroachments should be
subject to the same restrictions as
construction in the front setback. The
reason the applicant desires a higher
fence is to provide privacy and security
for children playing in the front yard.
He stated the staff feels that
construction of a 5 -foot fence as
requested, would have the implicit
effect of converting a 12- foot -wide
strip of the: public right -of -way to
exclusive private use both physically
and visually, and would constitute an
undesirable precedent. It was also
noted that a. fence has recently been
constructed at the rear of the property
encroaching five feet into the required
alley setback.
In response to Council inquiry, the
Public Works Director advised that Santa
Ana Avenue in Newport Heights has an
especially wide right -of -way that was
created when the original Newport
Heights Subdivision was laid out. The
total right-of-way width is 100 feet.
The curb is 28 feet from centerline and
the half -width of the right -of -way is 50
feet from centerline, thus there is a
dimension of 22 feet from the face of
curb to the property line. That
contrasts with the usual dimension on a
residential street of about 10 feet from
the face of curb to the property line,
and accounts for the extra -wide parkway
on the street. The figure of 10 feet
from curb to property line is fairly
typical of the City; however, there are
a few locations in the City where there
are unusually wide parkways such as
Ocean Boulevard and Bayside Drive in
Corona del Mar. In some cases, these
wide parkways have been developed and
treated as park -like areas.
Volume 41 - Page 286
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The Planning Director commented that the
application before the City Council is
an encroachment permit for the fence
into the public right -of -way which
begins between the back of the curb and
the parkway,. He stated that the issue
that is not before the Council at this
time is the request for a 5 -foot fence
between the front of the existing house
and the remaining front yard. There is
a 14 -foot setback on this lot between
the property line and the setback for
the dwelling, and in that 14 -foot front
yard, they are required to have a 3 -foot
fence.
The Public Works Director pointed out
that the City Council, some months ago,
approved a change to the encroachment
policy that allows fences along Santa
Ana Avenue and Broad Street in this
area to encroach up to S feet behind the
curb, provided it does not exceed 3 feet
in height. 1[e stated that the pattern of
existing development in the neighborhood
"runs the gamut" of no encroachments at
all to some old and fairly well
established encroachments, most or all
which appear to have a maximum height of
2 to 3 feet.
Randy Stabler, applicant, 531 Santa Ana
Avenue, addressed the Council and stated
that his original plan and intention was
to build the! fence for the safety of
his children and privacy of his home.
He stated that Santa Ana Avenue has
become an extremely busy street with
vehicles, bicycles and pedestrian
traffic, and because of this traffic,
there is an accessible "look -see" into
his play yard which is in his front
yard. It if; their desire to construct
the fence to protect his children from
dashing into the street after a ball,
etc., and also to allow him some
privacy.
Mr. Stabler submitted a petition signed
by immediate neighbors who have no
objection to the proposed fence, with
the exception of one resident who
requested the fence be no more than 06"
in height.
Volume 41 - Page 287
Permit/
Encroachment
COUNCIL MEMBERS
Motion
All Ayes
.0
x
CITY OF NEWPORT BEACH
MINUTES
July 13, 1987
There being no further discussion,
motion was made to approve the permit
subject to 1) the fence be limited to 3
feet in height, and that it be not less
than 8 feet behind the curb line; 2) an
agreement for nonstandard improvements
be executed; and 3) an encroachment
permit from Public Works Department be
executed.
Meeting adjourned at 9:10 p.m.
The agenda for this meeting was
posted on July 9, 1987, at 8:30
a.m., on the City Hall Bulletin
Board located outside of the City
of Newport Beach Administration
Building.
Volume 41 - Page 288
Permit/
Encroachment