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HomeMy WebLinkAbout08/24/1987 - Regular MeetingCOUNCIL MEMBERS A 1\1 Present Motion Ayes *sin on All Ayes Motion • x x x x x x x x x x x CITY OF NEWPORT BEACH x X MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: August 24, 1987 I x I A. ROLL CALL. B. Reading of Minutes of August 10, 1987 x was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. o D. HEARINGS:. 1. Mayor Cox opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 651, a :request of IRVINE PACIFIC, Newport Beach, to amend the Planned Community Development Standards for Area 10 of..the BIG CANYON PLANNED COMMUNITY so as to amend the front, aide and rear yard setback requirements for residential dwellings and garages, and to delete the provision for the establishment of setbacks in conjunction with the approval of a tentative tract map. Property located on the northeasterly side of San Joaquin Hills Road, between Santa Rosa Drive and Santa Cruz Drive; zoned P -C. Report from.the Planning Department, was presented. David Dmohowski, representing Irvine Pacific, addressed the Council and stated they were in agreement with the recommendations of staff and he was available for questions from the Council. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to accept the Negative Declaration and adopt Resolution No. 87 -138, amending the Big Canyon Planned Community Ievelopment Standards. 2. Mayor Cox opened the public hearing and City Council review of an APPEAL BY HARRY R. EBERLIN, Corona del Mar, from the denial of the Planning Commission on July 23, 1987, of VARIANCE NO. 1141, a request to permit alterations and additions to an existing single- family dwelling which will exceed 1.5 times the buildable area of the site on property located at 2889 Way Lane, Corona del Mar; zoned R -1. The proposal also included a modification to the Zoning Code so as to permit the proposed Volume 41 - Page 325 PCA 651 (94) 87 -138 1141 (91) • • CITY OF NEWPORT BEACH COUNCIL MEMBERS August 24, 1987 MINUTES addition to encroach ten feet into the required ten foot rear yard setback and one foot into a required four foot side yard setback. Report front the Planning Department, was presented. Appeal application and letter dated August 14, 1987 (w /attachments), were presented. The City Manager summarized the staff report noting that the applicant proposes to construct a 947 sq. ft. addition to an existing garage space, a recreation room, and a second floor deck, resulting in a gross structural area, which exceeds 1.5 times the buildable area of the lot. He reviewed the project characteristics, as set forth on page 5 of the staff report, and also discussed the previous variances approved in China Cove, as enumerated on page 6. Keith Hubbs, 620 Newport Center Drive, and Galen M. Colwell, 55 Shearwater Place, representing the appellant, addressed the Council and spoke in support of the appeal. They displayed an artist's rendering of the proposed addition, stating it is Mr. Eberlin's desire to enclose a portion of his driveway area for additional protected parking and to add a weight room to accommodate the family fitness equipment. Because of the unique location of the home being directly adjacent to public access stairs, it is highly subjected to vandalism. In addition, vehicles belonging to the applicant and his guests have been vandalized on numerous occasions, i.e., tires and canvas roof covers slashed, paint damaged, etc. Although the home was built with a three car garage, it is not adequate parking for the Eberlins. They do not feel the request imposes on the rights of others, nor would the addition hamper anyone's view. A list was submitted of 23 similar requests for variances or modifications, which have been approved in the China Cove area. Also referenced was a list showing homes immediately adjacent to the applicant's that have four, five and six car garage approvals from the City. In conclusion, it was indicated that Mr. Eberlin has lived with the vandalism problem for Volume 41 - Page 326 1141 COUNCIL MEMBERS G L CdLL� • • • CITY OF NEWPORT BEACH MINUTES August 24. 1987 some nine years, and if it cannot be resolved, he could be forced to sell his home. Dee Masters, 140 Fernleaf, addressed the Council in opposition to the appeal. She submitted a letter from Elizabeth Scofield, requesting that her name be removed from the petition in favor of the variance. Ms. Masters requested the Council uphold the decision of the Planning Commission and deny the variance, due to the applicant's failure to satisfy the conditions required for granting a variance. She stated that the applicant has not demonstrated any exceptional or extraordinary circumstances peculiar to his property. She pointed out that there is not adequate parking in China Cove due to the narrowness of the streets, and if the variance is approved, it could cause a potential problem as to fire equipment access. She stated that the applicant's need to "house expensive automobiles," and in a number greater than is normal to a residential area, doesn't seem to fall within the purview of preservation of property rights. In conclusion, she requested that the Council direct staff to study appropriate building ratios for China Cove, inasmuch as there are three different distinct building types in the area. Council Member Turner, in response to Ms. Masters' request for study of building ratios in the China Cove area, advised that in 1986 the Planning Department did conduct such a study, which was reviewed by the Planning Commission, who ultimately recommended that each request be dealt with on an individual case -by -case basis. Gordon Hally, 2733 Shell Street, addressed the Council in opposition to the request for variance. He stated he lives immediately adjacent to the appellant and feels that if the variance is approved, it would only create more density and congestion in the area, particularly fire and emergency vehicle access, as noted by the Fire Department in their report. He stated that Mr. Eberlin has one of the larger homes in the Cove in terms of living space and already has three vehicles protected from vandalism, which is more than most homes have in the area. He stated he does not feel this is a hardship case Volume 41 - Page 327 1141 CITY OF NEWPORT BEACH COUNCIL MEMBERS ,,,,G���G�� � ®¢ �'G�Q+I►9��� August 24, 1987 • Motion All Ayes • x MINUTES and this variance is not necessary for the preservation and enjoyment of property rights. He submitted a petition in opposition to the variance signed by approximately ten property owners in the Cove. He also submitted a letter from.Marybelle S. Cox, 2708 Shell Street, requesting that her name be withdrawn from the petition in favor of the variance and be added to the petition in opposition. In conclusion, he requested that the Council uphold the decision of the Planning Commission and deny the variance. Jerry King, J. A. King 8 Associates, 3187 Airway, Costa Mesa, representing Mr. 6 Mrs. Gordon Hally, 2733 Shell Street, addressed the Council in opposition to the variance. He stated it is their belief that the appellant cannot justify reasons why the subject variance should be granted pursuant to the requirements of the Zoning Code. He stated that of the 34 homes in China Cove, only a few have garage spaces for more than two automobiles. He commented that if the: variance is approved, it would create considerable congestion in terms of fire protection to all surrounding; neighbors. He stated that in order to protect public interest, he would urge the Council to uphold the decision of the Planning Commission and deny the request. Hearing no others wishing to address the Council. the public hearing was closed. Council Member Sansone stated that he resides within five blocks of the subject location, and that he and most of his neighbors have all experienced vandalism to their automobiles at one time or another. He stated that after hearing the testimony and reviewing the documentation in his agenda packet, he does not feel there is any new evidence that would convince him to overrule the decision of the Planning Commission, and therefore, motion was made to sustain the decision of the Planning Commission and deny the request. Volume 41 — Page 328 1141 COUNCIL MEMBERS • • Motion All Ayes C x CITY OF NEWPORT BEACH MINUTES August 24, 1987 3. Mayor Cox opened the public hearing regarding consideration of a new CERTIFICATE OF CONVENIENCE AND NECESSITY, pursuant to Newport Beach Municipal Code Section 5.13.080 to increase the number of tow trucks from one to five for AARON'S TOWING, 2808 S. Willis, Santa Ana, CA 92705. Report from Business License Supervisor, was presented. The City Manager summarized the staff report noting that the applicant's five vehicles and storage facility were inspected by the Police Department with minor deficiencies found in two vehicles, which have since been corrected. All other vehicles and the facility, were reported to meet municipal code requirements. The proposed schedule of rates match those authorized by the City for other tow companies, and are reasonable. With additional vehicles and inclusion of a storage facility, the applicant intends to compete in the increasing private property impound business within the City. With regard to the distance from the impound yard to the City of Newport Beach, it was pointed out that this particular storage yard is six miles from the City's police facility. The official police towing impound yards are four miles away; Custom Towing - five; Newport Center Towing - six; Santa Ana Towing - ten; and A & P Towing - ten. Hearing no one wishing to address the Council, the public hearing was closed. It was indicated by some Council Members that an attempt should be made to use the storage yards closer to the City for the purpose of convenience. Also, some time in the future the Council should review City regulations with regard to shortening mileage to the impound yards. In view of the foregoing, motion was made to grant subject request to Aaron's Towing. E. PUBLIC COMMENTS: Ron Kennedy, 550 Hazel Drive, stated that in the Executive Summary of The Irvine Company's downcoast plan, there are two pages where a trail is shown Volume 41 - Page 329 (70) 's COUNCIL MEMBERS :7 Motion All Ayes is x CITY OF NEWPORT BEACH MINUTES August 24, 1987 going down Buck Gully past 5th and Poppy Avenues down to Pacific Coast Highway. He stated that affected property owners have not been notified of this proposal, and they do not want to lose any of their rights to the canyon bottom. He stated that there is a County Planning Commission meeting on this subject September 1, and he would suggest that the City's Environmental Coordinator review the Executive Summary document prior to that meeting. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -139 establishing Lien Sale Fees pursuant to Newport Beach Municipal Code Section 5.15.110(S). (Report from Assistant City Attorney) (b) Removed from the Consent Calendar. (c) Resolution No. 87 -140 authorizing the submittal of an application to the Orange County Transportation Commission (OCTC) and the Southern California Association of Governments (SCAG) for the construction of pedestrian and bikeway facilities in Newport Beach; and also authorizing the City Manager, or his designee to make the application and act as the City contact person (1987 -88 SB 821 Funding Program]. (Report from Public Works Department) (d) Resolution No. 87 -141 authorizing the City Manager to accept deeds for the acquisition of Mobile Homes at De Anza Village Mobile Home Park for Coast Highway Widening Project. (Report from Public Works Department) (e) Removed from the Consent Calendar. Volume 41 - Page 330 Lien S1 Fees les 87 -139 (40) Bikewy Fac/ SB 821 Res 87 -140 (74) Purch 87 -141 • • • CITY OR NEWPORT BEACH bBWNWES August 24, 19811 3. CONTRACTS /AGREEMENTS: (a) Waive! minor irregularities in the low bid for the Corona del Mar Community Youth Center [the two addenda and the bid bond were not signed and submitted by the low bidder at the time of the bid opening]; delete the bid items for parking lot construction ($33,362), irrigation system ($15,213), landscaping ($56,820), and plant maintenance ($1,760) from the contract; award Contract 2511 to Beachwood Development, Inc., in the amount of $839,407; authorize the Mayor and City Clerk to execute said contract; approve a Budget Amendment of $125,000 for the project; and direct staff to investigate ways to reduce the cost of the building. (Report from Public Works Department) (b) Award Contract 2584 to Wilson's Equipment Rentals, Inc., for the total price of $356,870, and authorize the Mayor and City Clerk to execute said contract for Amethyst and Opal Avenue Storm Drains. (Report from Public Works Department) (c) Authorize the Mayor and City Clerk to execute Agreement regarding transfer of Marinapark mobilehome space No. 9(A) and compensation for services and costs. 4. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation Director for response, letter from Kathleen Marston regarding the delay in construction of the new Community Youth Center. (b) To Police Department, Traffic Division, for response, letter from Alan L. Blum regarding traffic control on Balboa Island. (c) To Marine Department for reply, letter from Newport Towers Homeowners Association opposing charter boat operations to be carried on at the Lancer Landing property. Volume 41 - Page 331 CdM Cmnty Yth Ctr C -2511 (38) pal Aves trm Drns (38) /Sp 9(A) (38) (62) PD/Trfc Balboa Is (70) Marine Dpt (51) COUNCIL MEMBERS y � • • 0 CITY OF NEWPORT BEACH August 24, 1987 (d) To City Attorney for inclusion in the records, letter from Gail Altimari- Brown, Huntington Beach, regarding proposed "new pit bull legislation." MINUTES Legislation (48) (e) To Traffic Affairs Committee for TAC/ report. back, copy of letter from (63) William E. Wiseley regarding vehicular parking in front of fire hydrants, suggesting that these areas be marked as Fire Lanes. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from West Newport Beach Association regarding crowded traffic conditions on Seashore Drive and bicycle traffic. (b) Copy of letter from Bob Gimigliano complaining that 60 minute maximum metering is impractical on Newport Boulevard for the business community patrons. (c) Southern California Gas Company Application No. 87 -07 -048 before the California State Public Utilities Commission. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Bret Bernard alleging personal injuries, etc., as a result of excessive force by City Police Department on May 4, 1987, at 300 Amethyst Avenue, Balboa Island. (b) Helyn C. Bernard alleging Police Officer slammed her son against her automobile, thereby damaging it; also claiming mental anguish, suffering and emotional distress on May 4, 1987, at 300 Amethyst Avenue, Balboa Island. (c) Jerome Bilderrain alleging personal Injuries as a result of renting paddleboat on May 9, 1987, at Paddleboat Concession, Balboa Island. Volume 41 - Page 332 COUNCIL MEMBERS CITY OF NEWPORT BEACH August 24, 1987 MINUTES (d) Lisa and Kyle Hunt, (minor) Hunt alleging personal injuries as a result of trip and fall together with her minor child on pavement near Ocean and Marguerite ® intersection, on June 30, 1987. (e) Valentine Peter Injev alleging Injev damage to vehicle as a result of road construction in area, lack of warning signs, etc., at offramp from MacArthur Boulevard, going south, on August 8, 1987. (f) Gary Hill Laidlaw alleging City Laidl Refuse truck backed into his vehicle damaging front and hood of pickup truck at Coyote Canyon Landfill on July 13, 1987. (g) Donna McElroy alleging City Refuse McElr truck hit her parked vehicle and damaged left rear fender in alley behind 116 Ruby, Balboa Island, on July 10, 1987. (h) Santiago Montoya alleging his Monto vehicle damaged by City vehicle while parked at place of claimant's employment on Goldenrod Avenue, on • August 4, 1987. (i) Applicaition to Present Late Claim Mach of Judith Mach alleging personal injuries and damages as a result of traffic: accident at San Miguel and MacArthur Boulevard, on October 6, 1986. (j) Application to Present Late Claim Pararn of Vicki Parsons whose daughter was killed in a traffic accident on January 23, 1987, on Interstate #405, alleging City Police Officers supplied her daughter with alcohol prior to occurrence. (k) Carolyn Sylvester alleging personal Sylve; injuries as a result of fall while roller skating on boardwalk near Studio Cafe, 100 S. Main, on June 17, 1987. (1) Jeanne: Tipton alleging personal Tiptoi injuries as a result of being ., struck while crossing in crosswalk at Pacific Coast Highway and Prospect Avenue, on May 14, 1987. Volume 41 — Page 333 • is • CITY OF NEWPORT BEACH COUNCIL MEMBERS \60SOOW�_% ce �96� 9S�11 August 24, 1987 MINUTES (m) Roger Viers alleging personal injuries as a result of being struck while crossing in crosswalk at Pacific Coast Highway and Prospect Avenue, on May 14, 1987. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) James and Clifton Charlow, Orange County Superior Court, Case No. 53- 09• -69, for damages, false imprisonment, assault and battery, negligent employment, excessive force and unlawful arrest. Claim was denied by City Council on June 22, 11187. (b) Margaret Davies, Orange County Superior Court, Case No. 504460, for personal injuries as a result of being rear -ended by City vehicle at 32nd Street and Newport Blvd. Claim was denied by City Council on August: 25, 1986. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Approve two Police Records Assistants, Police Department. (b) Approve one Refuse Worker II, Refuse Division. (c) Approve one Electric Crew Chief, Utility Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and Recreation recommending PERMANENT RESTROOM AT CHANNEL PARK. (b) Report from Parks, Beaches and Recreation recommending RELOCATION OF WEST NEWPORT BASKETBALL COURT AND REMOVAL AND RELANDSCAPING OF THE EXISTING COURT AREA. For Council information and filing: (c) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON AUGUST 6, 1987. Volume 41 - Page 334 (36) (66) (62) (62) Cmsn COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES August 24, 1987 ' 10. PUBLIC HEARING SCHEDULING - September 14, 1987: (a) Removed from the Consent Calendar. 11. HARBOR PERMIT APPLICATION #124 -3400 - Approve subject application, subject to conditions of approval in the staff report for Duncan McIntosh to temporarily revise the commercial docks bayward of Lido Village at 3366 Via Lido. (Report from Marine Department) 12. ACQUISITION OF MOBILE HOME IN DE ANZA BAYSIDE VILLAGE - Authorize the purchase of mobile home and appurtenances at 300 East Coast Highway, Space No. 338 for $35,000 from Mr. and Mrs. Leroy Bonawitz, subject to Federal and State approval. (Report from Public Works Department) 13. USE PERMIT 3226 - Approve Use Permit Agreement guaranteeing completion of the public improvements required with Use Permit 3226 (1008 East Balboa Boulevard); and authorize the Mayor and City Clerk to execute subject Agreement. (Report from Public Works Department) 14. TRACT 12245 - Accept the public improvements constructed in conjunction with Tract 12245; and authorize the City Clerk to release the Faithful Performance. Surety of $270,000 in the form of a Bank Letter from Sanwa Bank and release the Labor and Material Surety of $270,000 in the form of a Bank Letter from Sanwa Bank in six months provided no claims have been filed. (Report from Public Works Department) 15. RESUBDIVISION 840 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision 840 (3000 West Coast Highway, Mariners Mile Specific plan area); authorize the Mayor and City Clerk to execute subject agreement; accept offer of an easement for sewer and storm drain purposes, and accept an offer of dedication of right -of -way for street purposes along West Coast Highway. (Report from Public Works Department) Volume 41 - Page 335 Harbor Perm Apli#124- 3400 (51) PW /DeAnza MHms Purch (74) U/P 3226 (88) Tract 12245 (84) 840 CITY OF NEWPORT BEACH COUNCIL MEM13ERS MINUTES YAK FFe `G 9 August 24, 1987 16. CORONA DEL MAR WATER MAIN REPLACEMENT (C -2631) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) (38) 17. SPECIAL EVENTS PERMITS - Uphold staff's IPerc recommendation to approve the following. IEvnt subject to conditions listed in the (65) staff report. (Report from Business License Supervisor) (a) Application 087 -124 for temporary street closure for Harbor Nigh P.T.A., 5R Run, . Saturday, October 10, 1987, 8:00 a.m. - 9:30 a.m. (b) Application 087 -193 for amplified Sound for Rylaarsdam Wedding Ceremony on August 29, 1987. (c) Application 087 -228 for temporary street closure for McIntosh Boat Show, on September 15 - September 21, 1987. (d) Application 087 -229 for amplified sound for private party of John Barry on Saturday, October 17, 1987. (e) Application f87 -255 for use of public beach at Balboa 8 Newport Pier's Beaches on Saturday, September 5, 1987. 18. BUDGET AMENDMENTS - For approval: BA -007, $10,000 Decrease in Unappropriated Surplus and Increase in Budget Appropriations to provide for Maintenance Dredging, Santa Ana River Channel; Tide and Submerged Lands Fund. BA -008 - Removed from the Consent Calendar. BA -009, $125,000 Decrease in Unappropriated Surplus and Increase in Budget Appropriations provide additional funds for Community Youth Center (C- 2511); Building Excise Tax Fund. (See report w /agenda item F -3(a)) Volume 41 - Page 336 Wtr Mn 7 -193 COUNCIL MEMBERS CITY OF NEWPORT BEACH August 24, 1987 MINUTES Volume 41 - Page 337 Parking/ Cliff Haven (63) BA -010, $2,400 Transfer in Budget Appropriations for modular desk system for Code Enforcement Offices; Planning Fund. • G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution limiting the parking of vehicles on certain streets in the Cliff Haven area, was presented with report from Traffic Affairs Committee. Bill Dunlap, 400 Snug Harbor Road, President, Cliff Haven Community Association, addressed the Council regarding the proposed recommendation. He stated that they have been working on the problem of high school parking for over a year now, and are very appreciative of the proposed resolution for a 2 -hour restriction from 8 a.m. to 2 p.m., on school days. However, they would still prefer consideration be given to the establishment of a residential permit program to control the parking problem. He stated that students are allowed to leave during the lunch period, and because of this, they drive to fast food restaurants, return to the residential areas adjacent to the school, eat their lunch and leave the litter on the streets and yards. Discussion ensued, wherein it was noted that the Traffic Affairs Committee would have recommended a 2 -hour restriction with exemption by permit if the City Council had previously indicated support for a wider residential permit program, but this was not the case. It was also pointed out that the Committee felt the proposed restriction would provide relief to the neighborhood and an incentive for the students to use the newly- restri.ped parking lot on 16th Street, which will provide approximately 200 more parking spaces and a walkway to the school. Michael Taylor, 505 Signal Road, member of Cliff Haven Community Association, addressed the Council and commented that he felt the students will have to be motivated to park in the new lot on 16th Street, and the only way to do this, is • to restrict parking in the area, as recommended. He also felt that residential permit parking would help alleviate the school parking problem, and urged it be considered. Volume 41 - Page 337 Parking/ Cliff Haven (63) COUNCIL MEMBERS \1�\\\ � Motion All Ayes • Motion All Ayes 01 X x CITY OF NEWPORT BEACH MINUTES August 24, 1987 Margaret C.. Palmer, 515 Kings Place, Parking/ addressed the Council and stated she did Cliff Haven not feel the proposed limit on parking was necessary, inasmuch as the school has provided the newly - restriped parking lot on 16th Street with a walkway to the school. Mayor Pro Tem Hart stated she was supportive of the recommendation of the Trafffic Affairs Committee, and although it was not a "perfect plan," she felt it should be tested prior to enacting a permit program. In view of the foregoing, motion was Rea 87 -142 made to adopt Resolution No. 87 -142 limiting the parking of vehicles on certain streets in the Cliff Haven area, with a directive to staff to monitor the restrictive: parking, and report back in five to six months on its status. GENERAL PLAN AMENDMENT N0. GPA 87 -1(E) 87- 1(E)(1) - An Amendment to the (1) Circulation Element of the Newport Beach (45) General Plan so as to delete the MacArthur Boulevard /Avocado Avenue One -Way Couplet from the City's Master Plan of Streets and Highways; designate MacArthur Boulevard as a Major Arterial Roadway westerly of the existing alignment; and designate Avocado Avenue southerly of San Miguel Drive as a Secondary Arterial Roadway, was presented for public hearing scheduling on September 14, 1987, with report from the Planning Department. Council Member Turner stated that he would be out of town on September 14. and requested the subject hearing be scheduled for September 28. 1987. Motion was made to set the public hearing on GPA 87- 1(E)(1) for September 28, 1987. as requested. 3. Budget Amendment No. 008, $9,000 Transfer in. Budget Appropriations for appraisal of property at the southwest corner of 3,Otb Street and Villa Way for the construction of a public parking facility; General Fund, was presented. Council Member Strauss stated that he was absent at the last Council study session when this subject was discussed, and was opposed to the possibility of using eminent domain proceedings for Volume 41 - Page 338 COUNCIL MEMBERS G99�G�� CO* \V • CITY OF NEWPORT BEACH Motion Ayes Noes Ix Ix I xI xI xI xI x Motion All Ayes Motion Ayes X X MINUTES August 24, 1987 acquisition of a parking structure. He also felt there were other areas where the funds could be used more profitably for the City. Council Member Plummer pointed out that the subject: budget amendment was for an appraisal only, and stated that when it has been completed and a staff report prepared, she would hope that Council Member Strauss would be supportive of the proposed public parking facility, as it would be an asset to his district. There being; no further comments, motion was made to approve Budget Amendment No. 008. 4. Proposed resolution supporting the Automobile Club of Southern California's Freeway Development to the Year 2000 Proposal, was presented. Motion was made to withdraw the subject resolution from the agenda, as requested by the Automobile Club. Mayor Cox stated that several members of the Council had concerns with regard to the proposed resolution, inasmuch as the Automobile Club had opposed the toll road concept, for the San Joaquin Hills Corridor. The fact that the Automobile Club is going to study their proposal further is very important, as he would not like them to oppose the City regarding such an important road. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -39, being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN SECTIONS OF CHAPTER 5.15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO REGULATION OF NEWPORT BEACH OFFICIAL POLICE TOW TRUCK SERVICE, was presented for second reading with report dated July 27, 1987, from Assistant City Attorney. Motion was made to adopt Ordinance No. 87 -39. Volume 41 - Page 339 (74) (70) 87 -39 COUNCIL MEMBERS 'A n A Ayes Motion All Ayes x A1T Ay ea • x x CITY OF NEWPORT BEACH MINUTES August 24, 1987 I. CONTINUED BUSINESS: 1. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to confirm (District 1) Council Member Strauss' appointment of Bill Cool to fill Paul Wickman's unexpired term ending December 31, 1987. J. CURRENT BUSINESS: 1. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE VACANCIES: Motion was made to accept with regret the resignation letter of Phyllis Schneider, and confirm (District 5) Council Member Maurer's appointment of Karen Sanford to fill Ms. Schneider's unexpired term ending December 31, 1987; and Confirm (District 4) Council Member Turner's appointment of Melinda O'Brien to fill the unexpired term of Max Dunn, ending December 31, 1987. 2. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to accept with regret the resignation of Dennis Osborne, and confirm (District 4) Council Member Turner's appointment of Jerry Wayne Aheron to fill Mr. Osborne's unexpired term ending December 31, 1987. Meeting adjourned at 8:50 p.m. The agenda for this meeting was posted on August 20, 1987 at 9:00 a.m., on the City Nall Bulletin Board located outside of the City of Newport Beach Administration Building. _ Volume 41 - Page EQA /CAC EQA /CAC (24)