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Home My WebLink About07/13/1987 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS ti � AG�y��GA of `q9 G L CALL Present x x x x x Absent x on Ayes x Motion All Ayes • • x 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 tion (86) Srvs / orta- COUNCIL MEMBERS •`G�ti �G \ISIK • • CITY OF NEWPORT BEACH MINUTES 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 COUNCIL MEMBERS S n �\ G�yF`G� O� 9G LL CALL O s CITY OF NEWPORT BEACH July 13, 1987 MINUTES Volume 41 - Page 264 TS 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 • 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 • 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 • 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 TS 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. • 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 • 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 • 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 • 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 • 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 •' Yellow Cab against ATS, and noted whose testimonies were included in the document. Volume 41 - Page 266 ATS COUNCIL MEMBERS ti Motion All Ayes • Motion All Ayes 1r u Motion All Ayes • x x x 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 \11\ \�\ �9 y 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) • 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)) • (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 I � 9 • ,r u • CITY OF NEWPORT BEACH MINUTES 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 '01'N 1 L is • • MEMBERS co', \��` CITY OF NEWPORT BEACH 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. • r� • CITY OF NEWPORT BEACH COUNCIL MEMBERS 9 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) C J r� I 1 L_J CITY OF NEWPORT BEACH COUNCIL MEMBERS �G9 ;ALL July 13, 1987 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 y n • • 0 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 COUNCIL MEMBERS 1 0G ti �'O .. 9 CITY OF NEWPORT BEACH 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 • 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 • 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. • (e) Approve three Senior Emergency Dispatchers, Police Department. Volume 41 - Page 274 COUNCIL MEMBERS y � �G4►��G�4P� �f �9G CITY OF NEWPORT BEACH July 13, 1987 MINUTES (f) Approve one Senior Police Clerk, Police Department. (g) Approve one Emergency Equipment • 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 • 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. • Volume 41 - Page 275 COUNCIL MEMI y � 00 \ C] • w CITY OF NEWPORT BEACH MINUTES July 13, 1987 (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; Io 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 COUNCIL MEMBERS 9 • is CITY OF NEWPORT BEACH MINUTES 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 • • • CITY OF NEWPORT BEACH MINUTES 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 `' \11\X P� °.p. �9G • • • CITY OF NEWPORT BEACH MINUTES July 13, 1987 (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 • Motion All Ayes • 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/ COUNCIL MEMBERS ti � • Gp9 GYP'S C +9G • 40 is CITY OF NEWPORT BEACH MINUTES July 13, 1987 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 COUNCIL MEMBERS y � CITY OF NEWPORT BEACH July 13, 1987 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 • 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 • representing Traweek has indicated he will be responding. Volume 41 - Page 282 Lido Shop/ Parking COUNCIL MEMBERS ti • Motion All Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES 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 \11k F� CITY OF NEWPORT BEACH 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. • 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 • BEACH MUNICIPAL CODE PERTAINING TO ELECTRIC CART PARKING ZONES, Volume 41 - Page 284 COUNCIL MEMBERS n yes Motion All Ayes n yes • A x x CITY OF NEWPORT BEACH MINUTES 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 • • • CITY OF NEWPORT BEACH 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 COUNCIL MEMBERS A�ofa • • • CITY OF NEWPORT BEACH MINUTES July 13, 1987 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