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HomeMy WebLinkAbout07/27/1987 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS -k 0 Present x x x x x x x Motion x Ayes x x x x x x Abstain x Motion x All Ayes 0 ek MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 27, 1987 Mayor Cox presented a Proclamation to Council Member Donald A. Strauss, Chairman of the City's Harbor Quality Committee, in recognition of the month of August as Water Quality Month. Council Member Strauss recognized those members of the Harbor Quality Committee in attendance. A. ROLL CALL. B. The reading of the Minutes of the Meeting of July 13, 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 continued 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 Business License Supervisor dated June 15, 1987, was presented. Report from the City Attorney regarding subject application, was presented. The City Manager stated that as a result of the testimony given at the hearing two weeks ago, and the documents presented at that hearing, it is the staff's opinion that, at times, the applicant falls under the category of a taxicab pursuant to the definition set forth in the Municipal Code, and due to the fact that Associated Transportation Service (ATS) charges per mile. However, the staff also determined that ATS is not a taxicab when they charge a flat rate and are regulated by the Public Utilities Commission (PUC). Pursuant to Section 5.12.140 of the Municipal Code, all taxicabs shall be equipped with taximeters, and Section 5.12.150 requires that taxicabs shall be equipped with a single light on top of the vehicle for hire. He stated that due to the testimony given by the applicant at the last hearing, it was Volume 41 - Page 289 Trnsp Srvs/ Transporta- tion (86) COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES July 27, 1987 indicated that ATS would prefer not to install a taximeter, nor do they feel they should be required to install the equipment. Therefore, he stated that he does not feel the Council can grant the subject permit if the applicant is not going to comply with the City's taxicab ordinance. If the Council denies the permit, it does not mean that ATS must cease operation within the City, but it would mean that they would have to cease operating like a taxicab. ATS would still be able to operate like a people - carrier, charging a flat rate, but they would be regulated by the PUC, and not by the City. Norman Juggert, Attorney representing Coast Yellow Cab Company, 2845 Mesa Verde, Costa Mesa, addressed the Council and stated that his client has been the victim of ATS's absence of integrity for 2' years, as well as the residents of Newport Beach. For two years, ATS and its officers; have mislead the public to believe that they were qualified as a taxicab company. He quoted the following comments of the PUC staff, which were stated recently at a hearing before the PUC: "ATS continues to advertise, solicit: and perform taxicab transportation service, and ATS continues to mislead the public by claiming it has authorization to do so. By basing this claim on a charter party certificate, it has embroiled this Commission in a lengthy and costly proceeding." Mr. Juggert stated that if the Council grants the subject permit the City will find itself embroiled also in further disputes. lie stated that the significance of lack of registration and operation as a taxicab company in the City for the past two years, cannot be overlooked. In addition, ATS has been advertising itself as Yellow Cab Service during this time, and has not complied with any of the City's taxicab regulations, as has his client. They estimate ATS has cost Coast Yellow Cab Company approximately $40,000 in loss of fares, while at the same time, Coast Yellow Cab Company has continued to pay its City license fees, furnish the required liability insurance, etc. In conclusion, he suggested the City Volume 41 - Page 290 Associated Trnsp Srvs COUNCIL MEMBERS CITY OF NEWPORT BEACH July 27, 1987 MINUTES Associated Trsnp Srvs Council either deny the subject permit, or defer action on the permit, pending action of the PUC regarding ATS's request for a charter party carrier. • J. Terence :Lyons, Attorney representing ATS, 1801 Century Park East, Los Angeles, addressed the Council and stated that they believe ATS is a charter party carrier, and therefore, should be State regulated by the PUC. He stated that ATS has been cited for not having .a license to operate in the City, but they do not feel they should be required to obtain said license, as they hope to be regulated by the PUC. He stated that since the hearing before the City Council two weeks ago, he has submitted a letter to the City Attorney and Council on this subject. He stated that ATS has not been misleading the public for the past two years, as stated by the representative for Coast Yellow Cab Company. He stated that at the hearings before the PUC, six people testified as to how valuable ATS's service was to them, i.e., the Meredien, Sheraton, Marriott, and Hilton Hotels, and PSA Airlines, and Thomas Cook Travel Agency . He stated that no one testified they had been mislead by ATS. • He stated that no evidence was submitted at the PUC hearings indicating that ATS did not maintain records, nor that their vehicles were not inspected by the California Highway Patrol as referenced by Mr. Juggert in his previous testimony. He displayed three photographs of the types of vans used by ATS, noting the markings on the sides of the vehicles. He stated that ATS does not "cruise" for fares, nor do they respond to "hails," as do taxicabs. In conclusion, Mr. Lyons stated if the City Council determines that ATS does not provide taxi service, and denies their application, that it be based on the findings set forth in Exhibit "B" of the City Attorney's memorandum. Glen Everroad, Business License Supervisor, addressed the Council in response to question raised by Council Member Maurer regarding the number of charter carriers in the City. Mr. Everroad stated that the PUC licenses • charter party carriers and he would estimate that there are approximately 12 such licensed carriers who base their operations from the City. He also noted Volume 41 - Page 291 Associated Trsnp Srvs COUNCIL MEMBERS • CITY OF NEWPORT BEACH • Motion x Ayes x x x x x x Abstain x MINUTES July 27, 1987 that the Trolley is a charter party carrier on a lease- basis. With regard to how ATS advertises in the telephone book, it was pointed out that they are listed as a. taxicab business with the last four digits of their phone number being TAXI. In response to question raised by Council Member Turner, Mr. Lyons addressed the Council and stated that if ATS was determined to be a taxicab by the City Council, he does not think ATS would comply with the City's taxicab regulations by installing meters, lights, etc. He feels they would either stop servicing Newport Beach, or they would challenge that determination by some judicial means. Thomas Philbin, President and General Manager of Coast Yellow Cab, 17300 Mt. Herrmann, Fountain Valley, addressed the Council and urged denial of the subject permit. He stated that they have been operating a taxicab service in the City for over 30 years, and if the request was granted, it would be "tantamount to a slap in the face," inasmuch as ATS has been flagrantly violating City codes for the past two years. Following discussion, the public hearing was closed. Motion was made to deny subject application, based on the findings designated as Exhibit "A" in the City Attorney's memorandum, with Finding No. 3 amended to read: "ATS has advised the City Council that they do not intend to comply with the provisions of Chapter 5.12 of the Newport Beach Municipal Code," and Finding No. 4 amended to read: "ATS''s application for a taxi permit is denied." 2. Mayor Cox opened the public hearing regarding PLANNING COMMISSION 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. Volume 41 - Page 292 Associated Trsnp Srvs COUNCIL MEMI *o n All Ayes • is X CITY OF NEWPORT BEACH MINUTES July 27, 1987 Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to accept an Environmental Document and adopt Resolution No. 87 -125, amending the Koll Center Newport Planned Community Development Standards. 3. Mayor Cox opened the public hearing regarding: PLANNING COMMISSION AMENDMENT NO. 650, proposed ORDINANCE NO. 87 -38, being, AN ORDINANCE 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 DOCUMENT; UNPI Ord 87 -38 Zoning /PCA 650 (94) TRAFFIC STUDY - A request of THE Traffic CANFIELD GROUP, Beverly Hills, to Study approve a Traffic Study so as to allow construction of a 152 unit senior congregate :living facility; and the acceptance of an ENVIRONMENTAL DOCUMENT; /\ USE PERMIT 140. 3273 - A 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 [0.81. 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 exceed the 0.8 floor area ratio limit; a request to establish an off - street parking requirement based on a demonstrated formula; and 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. Volume 41 - Page 293 /P 3273 COUNCIL MEMBERS Gyy fG CITY OF NEWPORT BEACH July 27, 1987 MINUTES Report from the Planning Department, was presented. Council Member Turner advised that he would • be vacating his chair during this hearing due to a possible conflict of interest. The City Manager summarized the staff report, noting that the Planning Commission, with six members present, voted unanimously to recommend approval of the project to the City Council. Discussion ensued regarding density, height limit, private easement on Medical Lane, floor area ratio, need for more open space for recreational activities, and status of CalTrans east parcel. With respect to the proposed height limit, Patty Temple, Environmental Coordinator, pointed out on the exhibits, the areas which will be exceeding the 32 foot height limit minimum. She stated that as indicated in the staff report, the 36 foot height limit is the highest point of the flat portion of the roof or mechanical • equipment. However, the maximum ridge height is 37 feet. The areas of the project which exceed the basic height limit are on the peripheral. Pertaining to the CalTrans east parcel, the staff advised that the City is currently working with Hoag Hospital to purchase this particular site from the State on a master plan for the build out of Hoag Hospital campus. It was also stated that there is a view park proposed in 3to 5 years for the flat portion of the bluff immediately adjacent to Superior Avenue. The Planning Commission and City Council have also provided language in the General Plan to provide for a bridge connection across Superior Avenue for pedestrian and bicycle traffic. The pedestrian bridge would eventually connect to the CalTrans west parcel which is still owned by the State. Council Member Plummer indicated it would be most helpful to her if the • staff could provide a map or schematic of the land that CalTrans east still holds. Volume 41 - Page 294 PCA 650 COUNCIL MEMBERS S • • C CITY OF NEWPORT BEACH MINUTES July 27, 1987 Christopher Laurance, applicant, 156 Woodburne, addressed the Council and stated that he has reviewed the recommendation of the Planning Commission, and would urge the City Council to approve their project. With regard to a proposed fee for priority parking for guests, as discussed at the Planning Commission hearing, he stated that this was a suggestion only, which is open for consideration. He advised that they have two other similar facilities outside the City. They anticipate the average age in the facility to be 82, and they intend to provide three meals daily to all residents. They will also have trained staff on board in case of medical emergencies. Dick Nichols, 519 Iris Avenue, addressed the Council and stated he felt the proposed project was too dense and needs more open space. He stated he also felt that the residents living at the facility would not be able to climb the stairs to the proposed pedestrian bridge. Council Member Plummer and Mayor Pro Tem Hart expressed their concerns over the need for more open space for recreational purposes, not only in the immediate vicinity of the proposed project, but also throughout the County Triangle area. In response to question raised by Mayor Pro Tem Hart regarding outside recreation for the residents of the facility, Mr. Laurance stated that they provide a van for their patrons and transport them daily to a variety of places such as parks, theatre, medical, restaurants, shopping, etc. The City Attorney, in response to question raised earlier regarding what is considered an "appropriate" age, stated that from a legal standpoint the age of 62 is probably the appropriate standard. The Unruh Act prohibits public agencies and private businesses from discriminating on the basis of age. The Legislature, in recognition of the need for senior citizen housing, has approved the right for local agencies to grant permits for senior citizen housing for age 62 and above. However, for the facility in question, because of its size, even a lower age of 55 could be approved. Since the City is going to be Volume 41 — Page 295 PCA 650 COUNCIL MEMBERS 1 L J CITY OF NEWPORT BEACH Moti Ayes Noes on I x I x l x l x l x l x l x Abstain J J MINUTES July 27, 1987 a participant in an agreement to limit PCA 650 the age of the individuals residing in this facility, he would feel more comfortable if the age was that as specified in the law as the minimum for the purposes of the Unruh Act. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the recommendation of the Planning Commission and: Accept: as complete and adequate, the Negative Declaration and supporting initial Study for Planning Commission Amendment No. 650 with the Findings recommended by the Planning Commission; Accept: as complete and adequate the Negative Declaration and supporting Initial Study for the Traffic Study and Use Permit No. 3273 with the Findings recommended by the Planning Commission; Approve a Traffic Study permitting the construction of a 152 unit senior congregate living facility with the Findings recommended by the Planning Commission; Approve Use Permit No. 3273, allowing construction of a 152 unit senior congregate living facility, with the Findings and subject to the Conditions recommended by the Planning Commission; and Amend Condition No. 40 to read: "The Medical Lane easement shall be designated a 'Fire Lane' to the rear property line, and applicant shall irrevocably offer to dedicate a portion of the easement to public pedestrian access, if the staff determines that public safety can be protected and access to the public park to the rear of the parcel is in the public interest;" and Add Condition No. 45 to read to the effect: "Applicant shall provide appropriate park -type benches on Superior Avenue south of the project for use of their residents." Volume 41 - Page 296 CITY OF NEWPORT BEACH COUNCIL MEME 00 n x x x x x Noes x x Abstain x L • MINUTES July 27, 1987 Council Member Strauss indicated he was opposed to the project primarily on the basis of density and indicated he felt it should be scaled down. Motion was made to adopt Ordinance No. 87 -38. 4. Mayor Cox opened the public hearing to consider the granting of $350,000 in COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, $24,000 from fiscal year 1986 -87 and $326,000 from fiscal year 1987 -88, to assist with the development of a 26 unit apartment for lower income persons and families and a finding of no significant effect on the environment; AND Public hearing regarding request of MESA DEVELOPMENT CO., INC., Costa Mesa, for a DENSITY BONUS, in accordance with Section 65915 of the California Government Code, so as to construct an apartment complex, located at 1538 Placentia Avenue, with twenty -six units affordable to lower income families; zoned R- 3(2178); and the acceptance of an Environmental Document. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, time public hearing was closed. Following questions raised by Council Member Plummer and Mayor Pro Tem Hart, Council Member Plummer distributed copies of a report to the Council from the Parks, Beaches and Recreation Director, dated April 27, 1987, regarding Potential Mini Park Development: in the area of 15th and Placentia. Council Member Plummer and Mayor Pro 'rem Hart indicated they were concerned with the amount of development occurring in the Triangle area without the benefit of any open space for the new residents. Discussion ensued, wherein the Planning Director summarized the City's regulations with regard to park dedication fees. Volume 41 - Page 297 (87) Dv COUNCIL MEMBERS A 16k\ ti � Motion All Ayes is Motion All Ayes • • x x CITY OF NEWPORT BEACH MINUTES July 27, 1987 Following consideration, motion was made to: Adopt Resolution No. 87 -126, approving a grant of $350,000 in CDBG FUNDS: $24,000 from fiscal year 1.986- 87.funds and $326,000 from fiscal year 1987 -88 funds, to assist: with the development of a 26 unit apartment at 1538 Placentia Avenue for lower income persons and families and making a finding of no significant effect on the environment; and Adopt Resolution No. 87 -127, granting a density bonus in accordance with Section 65915 of the California Government Code, and accepting the Environmental Document. A further motion was made by Council Member Plummer to request that the Parks, Beaches and Recreation Commission consider the feasibility of acquiring the Rawlins property for park purposes, utilizing Community Development Block Grant Funds if possible, and that the 1988 -89 CDBG application be dedicated largely for the acquisition and development of open space and parks in the vicinity of 15th Street, Superior and Placentia Avenues. Mayor Pro Tem Hart stated that in the future, when proposed general plan amendments are brought before the Council and consideration is given to converting from commercial to residential, she would like to have an analysis of any impacts relative to park needs, including any possibility of park standards and fees. 5. Mayor Cox opened the public hearing regarding COST OF ABATEMENT OF WEEDS AND OTHER NUISANCES. Report from Fire Chief, was presented. Russell Cheek, representing the Fire Department, addressed the Council in response to inquiry regarding one of the properties being assessed for weed abatement work. Volume 41 - Page 298 CDBG /Mesa Dv Res 87 -126 (41) 87 -127 Abate- COUNCIL MEMBERS S � • Motion All Ayes • Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES July 27, 1987 Council Member Sansone expressed his concerns with regard to overgrown shrubbery onto sidewalks, to which the staff responded that when this occurs, the property owners are notified by the Parks, Beaches and Recreation Department, If it becomes a fire hazard, then it falls under the jurisdiction of the Fire Department for enforcement. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -128 confirming the report of the Fire Chief concerning the cost of the abatement of weeds and other nuisances and requesting the Auditor - Controller of Orange County to enter the amount of each assessment referred to in said report on the County Tax Roll. E. PUBLIC COMMENTS: Dick Nichols, 519 Iris Avenue, addressed the Council. with regard to the report from the Traffic Engineer concerning Traffic Signal Interconnects and the Corona del Mar Crosswalk Study, which was discussed at the afternoon Council Study Session. He requested that the residents of Corona del Mat be made aware of the contents of the study, preferably in a public meeting. Council Member Sansone suggested Mr. Nichols schedul.e a meeting of the Corona del Mar Community Association and stated he would see to it that a representative from the Traffic Engineering Department would be in attendance. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to 2nd reading on August 10, 1987: (a) 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 Volume 41 - Page 299 Weed Abate- ment Res 87 -128 Cross - Study )rd 87 -39 )fcl Police row Trk Sry (70) COUNCIL MEMBERS ti O G,py�CG%�ypJ� L CALL I� G • • CITY OF NEWPORT BEACH July 27, 1987 CODE PERTAINING TO REGULATION OF NEWPORT BEACH OFFICIAL POLICE TOW TRUCK SERVICE (Report from Assistant City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 87 -130 authorizing Orange County Counsel to represent the City of Newport Beach in Railroad Tax Case. (Report from the Assistant City Attorney w /resolution) MINUTES Railroad Tax Case/ Finance Res 87 -130 (40) (c) Resolution No. 87 -131 requesting Jamboree Rd Orange County Transportation Widng /PCH Commission to allocate Orange & BkBay Dr County Unified Transportation Trust C -2564 (OCUTT) funds for Jamboree Road Res 87 -131 Widening between Coast Highway and (38/74) Backbay Drive (C- 2564). (Report from Public Works Department) 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk Jamboree Rd to award Contract C -2564 to Widng /PCH Griffith Company for a total bid & BkBay Dr price of $939,531, and execute said C -2564 contract for Jamboree Road (38) Widening, Pacific Coast Highway to Backbay Drive. [See report with agenda item F -2(c)] 4. COMMUNICATIONS - For referral as indicated: (a) To Police Department for response, D letter from Jim Fournier (70) complaining loss of job consideration as a result of the sale of his car. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of Corona del Mar Chamber of Commerce bulletin urging support from citizens to write to the Orange County Planning Commission requesting that San Joaquin Hills Road be completed before the start of Pelican Hills Road and the downcoast development. Volume 41 - Page 300 COUNCIL MEMBERS 9 � � • • �J CITY OF NEWPORT BEACH MINUTES July 27, 1987 (b) Copy of letter from Charles Reed Smoot to Chief of Police complaining that a double standard exists regarding enforcement of parking blocking the ingress /egress to his residence at 304 Grand Canal, Balboa Island. (c) Copy of letter from Newport Heights Community Association to Parks, Beaches and Recreation Director regarding the Association's concerns with the renovation of Cliff Drive Park. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Joseph A. Barbara claiming charges should have been made against Joseph A. Grosso and George Yudzevich by City Police Department, alleging negligent and discriminatory police work, after learning on March 30, 1987 from the Orange County Deputy District Attorney that no charges would be prosecuted in Mr. Barbara's behalf. (b) Michael C. Clark alleging damage to vehicle as a result of electronic ticket arm at Balboa Pier parking lot on July 11, 1987. (c) Kay Loraine Griffith alleging damages to vehicle as a result of being rear -ended by City vehicle while stopped for red light at Jamboree Road on June 18, 1987. (d) Andrea G. Haug alleging Police Officer damaged her automobile car door after he pulled her over to stop on Seashore Drive, on July 4, 1987. (e) Barbara D. Martin alleging City Refuse Truck damaged garage door in Alley behind 219 Lugonia, on June 30, 1987. (f) Pacific Bell alleging City contractor severed 5 pair buried drops with backhoe at 100 E. Coast Highway on April 22, 1987. Volume: 41 - Page 301 (36) Barbara Clark th in Bell COUNCIL MEMBERS y � • • r �J CITY OF NEWPORT BEACH MINUTES July 27, 1987 (g) Elaine Marie Scott and George Scott Scott seeking indemnity from complaint filed by Daniel D. Dutcher regarding accident which took place on July 5, 1986, at intersection of Pacific Coast Highway and Jasmine Street:. (h) Pamela Turner alleging personal Turner injuries as a result of fall on defective raised sidewalk at 344 Hazel Drive, Corona del Mar on June 29, 1987. (i) Thurra M. Viselli alleging personal injuries as a result of fall in hole in street near manhole at Palm Street: and East Bay Avenue on April 25, 1987. For rejection: (j) Late claim of Dorothy M. Ketchum Ketchum alleging suffering, etc., as a result: of the loss of her son James D. Ketchum, who was killed in helicopter accident on March 10, 1987, at Bonita Canyon, City of Irvine:. (k) Removed from the Consent Calendar. 7. SUMMONS AND COMPLAINTS: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve two Park Supervisor positions, Park Division. (b) Approve two Librarian positions, Library Department. (c) Approve one Library Clerk II, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council. information and approval: (a) Report: from the City Attorney regarding O'Donnell/ O'DONNELL & GORDON (C -2331) Gordon ESTIMATE OF LEGAL SERVICES from C -2331 July 1 thru August 31, 1987. (38) Volume 41 - Page 302 COUNCIL MEMBERS Gp CG Yp of 0 • • CITY OF NEWPORT BEACH July 27, 1987 MINUTES For Council information and filing: (b) Memorandums regarding ELECTION OF OFFICERS FOR FISCAL YEARS 1987 -88 for the following - 1) Board of Library Trustees; 2) Arts Commission; and 3) Planning Commission. (c) Report: to the City Manager from the Planni'.ng Department regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON JULY 9, 1987. 10. PUBLIC HEARING SCHEDULING: None. Bds /Cmsns Ofcrs (24) Planning Commission (68) 11. INTEREST IN REAL PROPERTY - Authorize Property/ the Mayor and City Clerk to execute 204 -44th Certificate of Acceptance of Interest in Street Real Property (204 -44th Street, Newport (73) Beach). (Report from Assistant City Attorney) 12. Removed from the Consent Calendar. 13. MISCELLANEOUS CONCRETE CONSTRUCTION Misc Con - (C -2545) - Accept the work; authorize crete Cnstr the City Clerk to file a Notice of C -2545 Completion and release the bonds 35 days (38) after Notice of Completion has been recorded, in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 14. Removed from the Consent Calendar. 15. RESUBDIVISION NO. 791 - Accept the Offer Resub 791 of Dedication of a 10- foot -wide easement (84) for storm drain purposes [1801 Bayaide Drive, on the southerly side of Bay aide Drive across from Irvine Terrace]. (Report from Public Works Department) 16. ACQUISITION OF MOBILE HOMES IN DE ANZA BAYSIDE VILLAGE - Authorize the purchases of the following mobile homes and appurtenances, subject to State and Federal approval: (Report from Public Works Department) Volume 41 - Page 303 Anza pile Hms side Vlg/ (74) r� CITY OF NEWPORT BEACH COUNCIL MEMBERS ,4 0 July 27, 1987 MINUTES a) 218 Plymouth Drive for $67,000 from Mr. and Mrs. Ray Logue; b) 231 Plymouth Drive for $15,000 from Mr. and Mrs. Mildred Smith; and c) 234 Plymouth Drive for $18,500 from Ms. Allison Louise Higgins. 17. HARBOR (COMMERCIAL) PERMIT APPLICATION Harbor #129 -2801 - Approve application, subject Permit to conditions listed in the staff report (Cmcl) to revise commercial docks by James Carter, #129 -2801 bayward of 2751 and 2827 West Coast (51) Highway. (Report from Marine Department) 18. HARBOR PERMIT APPLICATION #259 -130 - Harbor Approve the application subject to Permit #259 - conditions listed in the staff report to 130 revise residential pier and float (51) bayward of 130 South Bay Front, Balboa Island by Robert Levin. (Report from Marine Department) 19. HARBOR PERMIT APPLICATION #105 -2627 - Harbor Approve the application subject to Permit #105 - conditions listed in the staff report to 267-7 revise an existing wood deck at 2627 (51) Cove Street, Corona del Mar by Karen James. (Report from Marine Department) 20. SPECIAL EVENT PERMIT APPLICATION #87 -213 - Uphold staff's recommendation of approval, subject to conditions listed in the staff report for amplified sound at 2036 Port Ramsgate Place, Newport Beach, for Tom and Gerda Sparks, on August 1, 1987 at 6:30 p.m. to 10:00 p.m. (Report from Business License Supervisor) 21. BUDGET AMENDMENTS - For approval: BA -002 - $20,000 Increase in Budget Appropriations and Revenue Estimates to provide for contribution by Fun Zone Development for installation of traffic signal installation at Balboa Boulevard and Palm Street; Contribution Fund. BA -003 - $8,000 Increase in Budget Appropriations and Revenue Estimates to provide for contribution by Friends of the Library for purchase of books and display racks; Library Fund. Volume: 41 - Page 304 Permit/ Special Evnt Apli #87 -213 (65) (25) COUNCIL MEMI S n A 1 \1 \ • Motion All Ayes • Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES July 27, 1987 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Late claim of John McElgunn alleging McElgi false arrest, maliciously prosecuted and Claim violation of civil rights on August 12, (36) 1986 at Paso Robles, California, was presented for rejection. The City Attorney advised that the subject claim should be rejected as to the "False .Arrest;" however, with regard to "Malicious Prosecution," the claim should be denied. In addition, no action should be taken by the Council relative to the claim for "Civil Rights Violation." Motion was made to approve the foregoing recommendation. 2. Report from Public Works Department recommending approval of the plans and specifications for WEST NEWPORT PARK (C -2537) and authorizing the City Clerk to advertise for bids to be opened at 11:00 a.m. on September 10, 1987, was presented. Walter S. Semeniuk, 6807 Seashore Drive, addressed the Council and expressed appreciation for the proposed development of West Newport Park and thanked all those involved in coordinating the project. Motion was made to approve the recommended action, as set forth in the foregoing. 3. Report from Public Works Department with staff's recommendation to deny REQUEST OF FRED HER14ANDEZ for City to vacate 20- foot -wide unimproved public street adjacent northerly to 492 -62nd Street, was presented. The recommendation for denial (contained in the staff report) was based on the belief that a public right -of -way which provides access to public tidelands should not be vacated. Mr. Fred Hernandez, 492 62nd Street, addressed the Council in support of his request to vacate the public street, based on the reasons enumerated in his letter of June 6, 1987. Jerry Pollock, 312 Lugonia Street, addressed the Council regarding the fence across the 20- foot -wide unimproved public street adjacent to 492 62nd Street. He stated that the public Volume 41 - Page 305. West Npt Park C -2537 (38) PW /Hernan- dez Request (74) COUNCIL MEMBERS • Motion All Ayes Motion All Ayes Motion All Ayes • x CITY OF NEWPORT BEACH X MINUTES July 27, 1987 street has been a dedicated street since 1925, and if it is vacated, then it leaves the residents who do not live on the water, any access to the tidelands. He stated that the subject property has been used mostly for the parking of mobile home vehicles owned by Mr. Hernandez; however, that is not the main objection of the Newport Shores Community Association. He stated that the fence was constructed without the benefit of a permit and has not been removed. The decision is now up to the Coastal Commission, and the Association will await that decision. Following discussion, motion was made to uphold staff's recommendation and deny the subject request. 4. Proposed resolution affirming the City of Newport Beach's policy to oppose removal of street side parking on Pacific Coast Highway in Corona del Mar between MacArthur and the easterly City limits, was presented. Dick Nichols, 519 Iris Avenue, representing the Corona del Mar Community Association, addressed the Council and expressed appreciation and support of the proposed resolution. Motion was made to adopt Resolution No. 87 -129. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -34, being, AN ORDINANCE OF THE CITY COUNCIL OF 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 report from Assistant City Attorney dated June 15, 1987. Motion was made to adopt Ordinance No. 87 -34. I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding continued hearing on the APPEAL OF NOTICE OF EXISTENCE OF PUBLIC NUISANCE ON PROPERTY LOCATED AT 1918 DOVER DRIVE (NBMC Section 10.50.020) by Elmer Thomassen, was presented. Volume 41 - Page 306 Parking/ CdM St Side (63) Res 87 -129 Ord 87 -34 Citations (53) Public Nuisance Appeal/ Thomassen (41) CITY OF NEWPORT BEACH COUNCIL MEMBERS Motion E All Ayes Red Green Ix • Red x x x x x x Green x Motion All Ayes • x MINUTES July 27, 1987 Motion was made to sustain the appeal of Elmer Thomassen pursuant to recommendation of staff, and rescind Declaration of Nuisance. The City Attorney advised that efforts will still be made to clean up the property, and if an improvement is not made within 30 days, new legal proceedings will be initiated. The motion was voted on and carried. 2. APPOINTMENTS TO VACANCIES ON BOARDS AND COMMISSIONS: BUILDING CODE BOARD OF APPEALS David Buchanan OR John Wikle David Buchanan was assigned the red light; and John Wikle was assigned the green light. The City Clerk announced that John Wikle was appointed to fill the vacancy left by T. Duncan Stewart. CITY ARTS COMMISSION Phyllis Drayton OR Marilee Stockman Phyllis Drayton was assigned the red light; and Marilee Stockman was assigned the green light. The City Clerk announced that Phyllis Drayton was appointed to a 4 -year term ending June 30, 1991 (vacancy left by Molly Lynch). J. CURRENT BUSINESS: 1. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE - Scheduled for October 4 thru 7, 1987, in San Francisco. Motion was made to confirm Mayor John C. Cox, Jr., as the City's Voting Representative, and Mayor Pro Tem Evelyn R. Hart as Alternate. Volume 41 - Page 307 Bds /Cmsns Organizatn/ League CA Cities (61) x x x I x I x I x I x I • Red x x x x x x Green x Motion All Ayes • x MINUTES July 27, 1987 Motion was made to sustain the appeal of Elmer Thomassen pursuant to recommendation of staff, and rescind Declaration of Nuisance. The City Attorney advised that efforts will still be made to clean up the property, and if an improvement is not made within 30 days, new legal proceedings will be initiated. The motion was voted on and carried. 2. APPOINTMENTS TO VACANCIES ON BOARDS AND COMMISSIONS: BUILDING CODE BOARD OF APPEALS David Buchanan OR John Wikle David Buchanan was assigned the red light; and John Wikle was assigned the green light. The City Clerk announced that John Wikle was appointed to fill the vacancy left by T. Duncan Stewart. CITY ARTS COMMISSION Phyllis Drayton OR Marilee Stockman Phyllis Drayton was assigned the red light; and Marilee Stockman was assigned the green light. The City Clerk announced that Phyllis Drayton was appointed to a 4 -year term ending June 30, 1991 (vacancy left by Molly Lynch). J. CURRENT BUSINESS: 1. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE - Scheduled for October 4 thru 7, 1987, in San Francisco. Motion was made to confirm Mayor John C. Cox, Jr., as the City's Voting Representative, and Mayor Pro Tem Evelyn R. Hart as Alternate. Volume 41 - Page 307 Bds /Cmsns Organizatn/ League CA Cities (61) COUNCIL. MEMBERS &n All Ayes Motion All Ayes • is x CITY OF NEWPORT BEACH x MINUTES July 27, 1987 2. NOMINATIONS TO VACANCIES - ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE: Motion was made to: Accept with regret the resignation of Paul. Wickman, and defer (District 1) Council Member Strauss's appointment to the Council meeting of August 10, 1987, to fill. Mr. Wickman's unexpired term ending December 31, 1987; and Confirm (District 2) Council Member Plummer's appointment of Judy White to fill. the unexpired term of Gary DiSano, (appointed to the Planning Commission) ending December 31, 1987. EQA /CAC (24) 3. Report from Public Works regarding Permit/ APPLICATION OF S. Y. KIMBALL TO ENCROACH Kimball TWO FEET INTO SOUTH BAY FRONT WITH Encroachm 12- INCH -HIGR RAISED PLANTER, was (65) presented. Motion was made to approve the foregoing, subject to the following: a) Height of planter not to exceed 12 inches above adjacent sidewalk; b) an agreement executed for nonstandard improvements; and c) approval of encroachment permit from the Public Works Department. Meeting adjourned at 10:20 p.m. City The agenda for this meeting was posted on July 23, 1987 at 9:10 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 41 - Page