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HomeMy WebLinkAbout02/22/1993 - Regular MeetingCITY OF NEWORT BEACH COUNCIL MEMBERS (� REGULAR COUNCIL MEETING t PLACE: Council Chambers S t TIME: 7:00 P.M. DATE: February 22, 1993 ROLL CRLL Present Absent Motion All Ayes M Al yes • MINUTES x x x x x ROLL CALL x x X Reading in full of Minutes of Regular Meeting of February 8, 1993, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HEARING 1. Mayor Turner opened the public hearing on APPEAL APPLICATION OF EAROL ANNA P. THAN (USE PERMIT NO. 3477) - Request to permit the continued operation of an existing independent massage establishment on property located at 2009 Quail Street in the M -1 -A District. The proposal also includes a request to waive the location requirement which requires that independent massage establishments be at least 500 feet from another independent massage establishment. Report from the Planning Department with attachments, including Applicant's appeal application 6 their attorney's comments. The Planning Director noted the following in connection with this appeal: There are currently five other similar massage establishments within 500 feet of this subject location; this Use Permit was considered by the Planning Commission on January 21, 1993, and denied by a vote of 5 to 2 with the six findings set forth in the staff report; under the current operator, there was one technician convicted of prostitution who has been suspended and not returned to work since the conviction; the subject conviction has been appealed to the higher authorities; currently there are 45 massage establishments within the City (30 of these are independent massage establishments and required to obtain use permits). In response to question raised by Mayor Pro Tem. Watt regarding the effect of the prostitution conviction on this appeal when considered by the Planning Commission, the City Attorney commented that at the Planning Commission hearing on this matter, it was the stated opinion of the Assistant City Attorney that the one incident in question was not sufficient in itself to justify denial of the use permit. However, the Planning Commission took that statement as a personal opinion rather than a legal opinion. The City Attorney further stated that if however, there were a pattern of prostitution convictions and the owner failed to take actions to correct the problem, then possibly there could be justification for denial. i Volume 47 - Page 24 INDEX U/P 3477 Massage/ 2009 Quail (88) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ��� s s`�� ROLL CHLL February 22, 1993 W1 George Grove, Jr., Attorney for the Massage/ Appellant, 7095 Hollywood Blvd., Los 2009 Quail Angeles, stated he did not feel it would be appropriate to deny the subject conditional use permit based upon the fact that there are other massage • establishments within 500 feet of the applicant's business, and still grant applications to other massage owners. He requested that the Council also review the administrative actions taken with respect to the other applications for conditional use permits for massage establishments. He stated that his client was never notified of the possibility of her license being suspended due to the prostitution arrest; the person convicted has not worked at this establishment since the arrest and will not be rehired in the future. He emphasized that his client did not participate in the act of prostitution; does not condone this type of act and had no prior knowledge of what occurred. The subject establishment has been in business since 1987 with only one arrest at this location. He also questioned why the Planning Commission approved Use Permit No. 3444 of Lonna Smith who has had two prostitution arrests at 4320 Campus Street and yet his client was denied the subject application by the Planning Commission. In conclusion, he referenced a lawsuit in July 1992, wherein a Newport Beach Police Officer . stated in a cross - examination that he had been instructed by his supervisors to "go out and get violations in each of the massage establishments in order for . the City to close them up." Mr. Grover also stated that someone is sending letters to the various landlords of massage establishments indicating that prostitution is going on, but he does not know who is responsible for writing the letters. Council Member Hedges referenced Paragraphs 3 and 5 of the Appellant's Constitutional Challenges, and requested Mr. Grove to present evidence to support these allegations. Mr. Grove stated he would not give this information at this time, indicating his letter of appeal should be considered in total and that specific points should not be singled out and considered individually. He indicated that in due time, the allegations would be presented to the proper court of law. Mayor Turner interceded at this time and agreed with Council Member Hedges that the allegations in Paragraph 3 and 5 of • the letter of appeal should be withdrawn if Mr. Grove is not prepared to, or cannot back up, those allegations. Mayor Turner also stated he felt Mr. Grove was "doing his client more harm than good in this instance." In response to the foregoing, Mr. Grove withdrew the allegations set forth in Paragraphs 3 and 5 of the appeal letter. Volume 47 - Page 25 COUNCIL MEMBERS ROLL CALL s CITY OF NEWPORT BEACH February 22, 1993 Volume 47 - Page 26 MINUTES Massage/ 2009 Quail Timothy Casey, Attorney in Orange County, addressed the Council and stated that he had represented the Appellant, Karol Tran, in prior years, and knows her to be a person with extreme high • moral character, and that many of the comments made by Mr. Grove are true with respect to the operation of her massage establishment. He also felt there has been a serious "double standard" on the part of the City in that there are existing massage parlors with more than one violation, and which are not operated as efficiently as that of Ms. Trans. With respect to the July 1992 lawsuit referred to by Mr. Grove, he stated that he was the trial attorney at that time, and it was his recollection that the Newport Beach Police Officer did say his superiors told him that it was his obligation to go out and get three violations in order to close these places down. He said he was taken aback at this statement inasmuch as Ms. Tran, to the best of his knowledge, has never warranted this type of policing. He indicated he did not feel it was wrong for the Police Department to go out and look for violations, but he did not feel it was appropriate for the Police Department to go out and "create" violations. As a result of the statement made by the Newport Beach Police Officer, he was left with the impression that the instructions to him came from his superiors, who had heard it from their superiors, who in turn were instructed by the City Council. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Sansone and Mayor Turner assured Mr. Casey that the alleged instructions to the Police Officer referenced in the above did not originate from the City Council. Motion x Mayor Turner stated he had given this application serious consideration and felt the City Council could not single out or deny a conditional use permit for a massage establishment because it falls within the 500 foot radius of another independent massage establishment, and because an employee of that establishment was convicted of prostitution, and therefore, moved to overrule the decision of the Planning Commission and grant this appeal, in accordance with the findings designated as Exhibit "A" in the staff report. Council Member Hedges indicated he agreed with Mayor Turner's above • comments, but stated he still took exception to the allegations made by Mr. Grove in his letter of appeal, as he felt they were very detrimental to the Appellant as well as harmful to the legal profession. All Ayes Hearing no other comments, the motion was voted on and carried. Volume 47 - Page 26 MINUTES Massage/ 2009 Quail CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s ROLL CRLL February 22, 1993 u1ifT3i PUBLIC C0HK1=S 1. Lisa McClanahan of Bayview NOW, Bayview /. . addressed the Council and discussed a NOW recent meeting she attended at the • Police Department with Acting Chief Jacobs, and Captains Blitch and Petersen regarding the status of the Department's response to the sexual harassment case. She stated they were assured in October 1992 by the City Manager that several things would be done within the Police Department in response to the sexual harassment lawsuit, however to date, there remains no implemented training program or cohesive policy regarding sexual harassment and discrimination. Also, they felt the investigation and case has not been handled fairly; there has been no change in the atmosphere of the Department; and they have continued to receive complaints of harassment in the Police Department and another plaintiff has gone out on a stress - related leave. The Mayor advised Ms. McClanahan that the staff is in the process of evaluating training proposals from various companies and will be presenting them to City Council within a few weeks. 2. Tamara Nelson of Bayview NOW, also Bayview/ addressed the Council and objected to NOW the City's recent action to extend Tony Villa's administrative leave, while at • the same time discontinuing the benefits to the victims of sexual harassment. She also questioned the City's concern with regard to due process. In response to the comment regarding the City extending Tony Villa's administrative leave, the City Attorney stated it was felt by the City Manager and himself that additional time was properly given to Captain Villa to prepare a response to the notice of intention to terminate. He emphasized that their action in no way has anything to do with the action taken against the plaintiffs. 3. Stan Calder, 6208 W. Coast Highway, Roadway Consulting Manager for the Roadway Inn, Inn addressed the Council and discussed some of the problems he has had with staff regarding the remodeling of the pool area; exterior enhancement; and the change of two parking spaces at this location. The City Manager stated he is aware of Mr. Calder's situation and will have the staff investigate. It appears to him • that Mr. Calder will have to apply for a Modification Permit. Volume 47 - Page 27 CITY OF NEWPORT BEACH COUNCIL MEMBERS L\s� s February 22, 1993 Motion All Ayes 0 C l • X MINUTES INDEX Ord 93 -1 Zoning/ Massage (94) PCA 778 SDiego Crk RT Bic Brd€ C -2900 Res 93 -9 (38) C /Aty Pblc Enty Liability Res 93 -10 (31) Barba Bladen Coulson '.D'Esposito CONSENT CALENDAR The following items were approved, except for those items removed. ORDINANCES FOR INTRODUCTION Schedule for Public Hearing on March 8, 1993: 2. PROPOSED ORDINANCE NO. 93 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO CLARIFY LANGUAGE IN CHAPTER 20.33 AND TABLE 20.33, AND AN AMENDMENT TO CHAPTER 20.68 TO PERMIT MASSAGE ESTABLISHMENTS AS AN INDEPENDENT USE IN THE APF DISTRICT, SUBJECT TO HOUSEKEEPING CHANGE TO CORRECT SECTION REFERENCES IN CHAPTER 20.33 AND TO ESTABLISH MORE SPECIFIC LOCATION REQUIREMENTS FOR INDEPENDENT MASSAGE ESTABLISHMENTS - PLANNING COMMMISSION AMENDMENT NO. 778. [Report from the Planning Department] RESOLUTIONS FOR ADOPTION 3. Resolution No. 93 -9 affirming Environmental Documentation regarding SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK (CONTRACT N0. 2900). [Report from the Public Works Department] 4. Resolution No. 93 -10 supporting reform of laws relating to PUBLIC ENTITY LIABILITY. [Report from the City Attorney] 5. CTA - For Denial by the City Manager: Jules and Roy Barba alleging Roy Barba was struck in face with bamboo stick by another child, causing personal injuries, damages, etc., while at the CYC Community Center, Grant Howald Park on August 21, 1992. Jewel Bladen alleging Police Department lost one of her diamond earrings on June 8, 1992, seeking reimbursement. Donald Coulson on behalf of Audrey Coulson alleging his mother sustained broken hip on December 20, 1992, as a result of fall in unlighted area of Cliff Drive Park. Marie Ann D'Esposito for personal injuries to her foot, right ankle, abrasions to left knee and hands as a result of alleged negligence regarding inadequate lighting and hole in cement gutter adjacent to curb at north east corner of snack bar, Corona del Mar main beach on August 15, 1992. Volume 47 - Page 28 INDEX Ord 93 -1 Zoning/ Massage (94) PCA 778 SDiego Crk RT Bic Brd€ C -2900 Res 93 -9 (38) C /Aty Pblc Enty Liability Res 93 -10 (31) Barba Bladen Coulson '.D'Esposito CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES n s' February 22, 1993 ROLL C • • • INDEX nt ,78 Kenneth L. Cowell for reimbursement of Cowell attorney's fees, personal travel time and meetings with attorneys to pursue claim to be reinstated to the Newport Beach Police SWAT Team Unit. Shirley E. Piba alleging personal Piha injuries as a result of trip and fall into hole in street on Palm Street and Balboa Boulevard on January 6, 1993. Dolores Valencia for property damage, Valencia alleging metal fence damaged at 2911 Paper Lane January 1993, as a result of tree limb which is located in City parkway falling onto fence. The following represent claims for Police reimbursement of back pay, allegedly as Departme a result of having to report for duty 30 Claims minutes earlier than regular shift time (Police Department): Jim K. Carson; Leslie L. Chapman; Donald P. Chandler; Kenneth L. Cowell; John W. Desmond; Howard Eisenberg; Albert Fischer; Andrew E. Conis, Jr.; Trent Harris; Frederick A. Heinecke; Michael Hyams; James Kaminsky; John J. Klein; Joseph H. Lambert; Michael McDonough; Robert Oakley; Charles G. Olmstead; Patrick J. O'Sullivan; Douglas H. Parmentier; Ronald G. Rodgers; Eugene Senecal; Kent Stoddard; Douglas A. Thomas; Steven D. Van Horn. 6. PERSONNEL VACANCIES - For approval: [Report from the Personnel Department] One Police Dispatcher, Police Department. One Deputy Utilities Director, Utilities Department. STAFF AND COMIIISSION REPORTS For Council information and filing: 7. Report to the City Manager regarding Planning PLANNING COMMISSION ACTIONS OF FEBRUARY (68) 4, 1993. SPECIAL EVENTS APPLICATIONS - Uphold staff's Special recommendation to approve the following Events applications (reports from the Revenue (27) Manager), subject to conditions in the staff report: 8. Application No. 92 -478 - NEWPORT 5000, Apl#92 -� by Sea King Running Club for 5K Run to benefit Youth Athletics, Sunday, June 20, 1993 from 7:00 a.m. to 12 noon with amplified sound being used from 7:00 - 10:00 a.m., Jamboree, MacArthur and Birch. I Volume 47 - Page 29 nt ,78 CITY OF NEWPORT BEACH COUNCIL MEMBERS `f' February 22, 1993 ROLL CHLL • Motion All Ayes • MINUTES INDEX Aplii92 -492 Aplii93 -022 Aplii93 -024 Aplii93 -025 Aplii93 -026 Aplii93 -029 Special Events (27) Aplii92 -501 9. Application No. 92 -492 - Heritage Run, by Newport Harbor High PTA, for Saturday, October 2, 1993, for 2K /5K Run/Walk, and for use of amplified sound inside Harbor High School stadium between 7:00 a.m. and 12 noon. 10. Removed from the Consent Calendar. 11. Application No. 93 -022 - Lori Noon and Kevin Cullen Wedding Ceremony, request for use of amplified sound at Lookout Point in Corona del Mar on Saturday, July 24, 1993 from 1:30 - 2:20 p.m. 12. Application No. 93 -024 - Jennifer Cravens and Chris Degroote Wedding Ceremony, request for use of amplified sound at Inspiration Point on Sunday, April 4, 1993 from 4:30 - 5:00 p.m. 13. Application No. 93 -025 - Tracy Jacobs and Roman Pluimer Wedding Ceremony, request for use of amplified sound at Peninsula Park, Saturday, May 1, 1993, from 2:00 - 3:00 p.m. 14. Application Ho. 93 -026 - American Oceans Campaign and Sport Chalet, request to conduct an underwater scuba beach clean- up near Newport Pier on Saturday, April 10, 1993 from 7:00 a.m. - 2:00 p.m. 15. Application No. 93 -029 - Boy Scouts of America, request to conduct surfing contest from 7:00 a.m. - 12 noon on two separate Saturdays, April 3 and 24, 1993, on the beach at 55th Street. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 10. SPECIAL EVENTS - Report from the Revenue Manager recommending approval of Application No. 92 -501 for Hope House, (subject to conditions listed in the staff report) a non - profit organization walking event for Sunday, May 16, 1993, from 6:00 - 11:00 a.m., on Back Bay Drive, originating from the Newport Dunes (contingent upon Back Bay Drive being reopened by this date). x Mayor Turner moved approval of the subject application, providing that Back Bay Drive has been cleared as a result of the recent mudslide and is open and safe to the public. Meeting adjourned at 7:40 p.m., to closed session to discuss pending litigation. The meeting reconvened at 9:15 p.m. and immediately adjourned with no further action taken. Volume 47 - Page 30 INDEX Aplii92 -492 Aplii93 -022 Aplii93 -024 Aplii93 -025 Aplii93 -026 Aplii93 -029 Special Events (27) Aplii92 -501 CITY OF NEWPORT. BEACH COUNCIL MEMBERS S' A ROLL CAL L February • • • MINUTES 22, 1993 INDEX The agenda for this meeting was posted on February 18, 1993, at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. mayor ATTEST: P0 ry/qk .e5 City Clerk F• '^�'�„�. ,_�.9., M, �. q�IFO'f1F� Volume 47 - Page 31 INDEX