HomeMy WebLinkAbout08/10/1987 - Regular MeetingCOUNCIL MEMI
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CITY OF NEWPORT BEACH
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: August 10, 1987
Mayor Cox presented a permaplaqued
Certificate of Appreciation to Barbara de
Boom in recognition of her service on the
Parks, Beaches and Recreation Commission.
x x A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of .July 27, 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 and
City Council review of an APPEAL BY JOHN D.
PIERCE, Newport Beach, from the denial
by the Planning Commission on May 21,
1987, of USE PERMIT NO. 3272, a request
to permit the installation of outdoor
tennis court lighting on property
located at #2 Narbonne, Area 11 of the
Harbor View Hills Planned Community;
zoned P -C.
Report from the Planning Department, was
presented.
Appeal application and letter dated
July 6, 1987 from applicant, John D.
Pierce, were presented.
Letters dated July 1 and July 31, 1987
from E. John and Marilynn J. Fales
opposing the project, were presented.
Letter from John H. and Marlene J.
Frisbie dated July 28, 1987, supporting
the Planning Commission's denial of the
proposed project, was presented.
Letter dated July 30, 1987 from Carl
Ensley, President, Spyglass Hill
Community Association, (together with
letter to Harbor Ridge Association)
urging denial of subject project, was
presented.
Letter dated July 31, 1987 from Omairand
Monirah Alomair in opposition to the
subject project, was presented.
John D. Pierce, 92 Narbonne Avenue,
appellant, addressed the Council and
Volume 41 - Page 309
J/P 3272
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August 10, 1987
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stated that he had been a resident of
the City for 14 years. He remarked that
his immediate neighbor has no objection
to the proposed lighting, and he also
has written permission from the Harbor
Ridge Homeowners Association
Architectua.l Review Committee to install
the tennis court lighting. He noted
that his request was recommended for
approval by the Planning staff, but
denied by the Planning Commission. He
stated that. he is requesting six (6)
nonpolluting lights which will be
shielded on all four sides; the lights
are the saute as those recently installed
in Belcourt,; and the lights will be
lower than the existing street lights on
E1 Capitan. He noted that his tennis
court is approximately 35 feet below the
existing line of sight from the nearest
Spyglass Hill property owners. He
distributed. a drawing depicting the view
of his property from across E1 Capitan
Drive.
Herbert A. Bieber, President, Bieber
Lighting Corporation, 626 S. Isis
Avenue, Inglewood, addressed the Council
and stated that after viewing the site
• proposed for tennis court lighting, he
noted that the tops of the lights will
not be visible to the neighboring
Spyglass Hill properties, and with their
four -sided shields, there would not be a
"halo" effect or interference with any
views. He distributed a copy of a
letter dated November 15, 1976 from the
City of Beverly Hills regarding lighting
he had installed on numerous courts
throughout said City, to which they had
no complaints from adjacent neighbors.
Another letter was distributed from the
Torrance Municipal Airport dated
September 19, 1977, advising that the
tennis lighting installed at Rolling
Hills Plaza Tennis Club located under
the approach to Runway 29 -Left, confines
the lighting to the immediate vicinity
of the courts and, therefore, they have
no objections. He stated that he just
recently installed tennis court lighting
at the homers of Johnny Carson and Mery
Griffin. Be also distributed a brochure
outlining a typical court layout with
specifications, fixtures, arms, poles,
• etc. In conclusion, he stated that he
was sure he could shield the lighting
from Mr. Pi.erce's court so that no
surrounding; residents would be offended.
Volume: 41 - Page 310
U/P 3272
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CITY OF NEWPORT BEACH
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August 10, 1987
Rolly H. Pulaski, 877 Production Place,
Architect, addressed the Council and
stated that he had been requested by Mr.
Pierce to explain the drawing submitted
earlier. He stated that even though he
did not prepare the plan, he has
reviewed it and is familiar with Mr.
Bieber's type of tennis lighting. He
commented that the drawing demonstrates
the height of the fixtures and how they
will be viewed from other properties,
and he noted that the view line from
adjacent homes is substantially above
the top of the light fixtures being
proposed. Also, the drawing indicates
that the top of the fixtures are
substantially below the height of Mr.
Pierce's home.
James H. Frisbie, 79 Montecito Drive,
addressed the Council in opposition to
the request„ He stated Mr. Pierce made
a commitment to the Planning Commission
in 1980 when his tennis court was
approved, that he would never have
lights on his court. He referenced the
numerous letters sent to the Planning
Commission and City Council opposing
this proposal, as well as a petition
signed by 44 property owners in the
Spyglass Hill area who are against the
request. He also noted that there are
no other lighted tennis courts in the
Harbor Ridge area. He stated that even
though the ]Lights would be low, he felt
they would impair views. He also felt
that the fixtures were "ugly" and
offensive, Especially during daytime
hours. He further commented that he
felt the property values of the four
homes, which look down on the subject
tennis court:, would decrease in value
because of the lights. In conclusion,
Mr. Frisbie stated he is concerned over
the fact that he has been advised by a
neighbor, should Mr. Pierce's appeal be
denied, he will then install court
floodlights.
Marilynn J. Fales, 77 Montecito Drive,
addressed the Council in opposition to
the request. She stated that her home
is directly above Mr. Pierce's property.
She stated she moved to Spyglass Hill
because of the view; "paid a price" for
that view, and feels the tennis lights
will be extremely detrimental to that
view. She EL180 felt the lighting
would definitely affect the value of her
home.
Volume 41 - Page 311
U/P 3272
COUNCIL MEMBERS
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Motion
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CITY OF NEWPORT BEACH
MINUTES
10. 1987
Alex Sytnyk,, 55 Goleta Point Drive,
addressed the Council in opposition to
the request. He stated that he was in
attendance at the Planning Commission
meeting in 1980 when Mr. Pierce's tennis
court was approved, and was reassured by
Mr. Pierce that the court would never be
lit. He stated that the court has not
been the "nicest thing to look at,"
however, the neighbors have come to
accept it, but they cannot support the
request for lights. He commented that
the tennis courts referenced by Mr.
Bieber, i.e., Johnny Carson and Mery
Griffin, are located on large estates,
which is not the case in Spyglass Hill.
Dr. Steven Weinstein, M.D., 17 Point
Loma, addressed the Council stating that
he was an avid tennis player; has played
on a variety of lighted tennis courts;
and has observed a number of different
types of tennis lighting. He stated
that the lights proposed for Mr.
Pierce's court are the "best he has ever
seen anywhere." He also stated that
tennis lighting could potentially pose a
problem, and therefore, suggested the
curfew be changed from 10 p.m. to 9 p.m.
Mr. Pierce addressed the Council again,
and stated that he wished to clarify the
remark made by Mr. Sytnyk regarding the
Planning Commission hearing in 1980 when
his tennis court was approved. He
stated thatp at the time the tennis
court was considered by the Commission,
the issue of lighting was not addressed
at that point, so it was not his
intention to unequivocably say that he
would never install lights on the court.
He further stated his court is private,
not public, and therefore, will not be
used that often. He also stated he
would agree to a 9 p.m. curfew on lights
if imposed.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission, and deny the
appeal.
Volume 41 - Page 312
U/P 3272
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
August 10, 1987
Council Member Sansone stated one of his
concerns is that there is no other
tennis lighting in the area of Mr.
Pierce's home, and even though the
lights would be shielded, he feels there
still would be a "glow" of some kind.
He also stated that what was even of
greater concern to him was the noise
that will emanate from the court
activity.
The motion was voted on and carried.
E. PUBLIC COMMENTS:
Karen Sanford Kilstrom, 1650 Placentia Traffic/
Avenue, addressed the Council and Parking on
distributed. a prepared statement of her Peninsula
concerns with regard to traffic and (85)
parking problems on the Peninsula.
Included in. her comments were
suggestions for solving some of the
problems, to which Council Members
expressed appreciation.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 87 -132 authorizing Lifeguard
the Mayor and City Clerk to execute Services/
a 5 -year Lease Agreement with the OC Hrbr Ls
Orange County Harbors, Beaches and Agmt
Parks District (C- 2247), which will Res 87 -132
provide County financial assistance for C -2247
lifeguard services on City beaches (38)
used by County residents. (Report
from Marine Director)
(b) Resolution No. 87 -133 in response
to the "Call for Information" for
Southern California OCS Lease Sale
#95. (Report from Assistant City
Attorney)
(c) Resolution No. 87 -134 requiring
vehicles on Marcus Avenue to stop
at 35th Street. (Report from
Traffic Engineer - Public Works
Department)
Volume 41 - Page 313
OCS /Offshr
011 La Sale
Res 87 -133
(87)
Traffic Stp/
Marcus /35th
Res 87 -134
(85)
COUNCIL MEMBERS
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(d) Resolution No. 87 -135 requesting
the California Department of
Transportation (CalTrans) to
increase the signal time for
pedestrians crossing Coast Highway at
Marguerite Avenue and to consider
the removal of the marked
crosswalks at Larkspur and Marigold
Avenues. (Report from Traffic
Engineer- Public Works Department)
(e) Resolution No. 87 -136 requesting
the California Department of
Transportation (CalTrans) to modify
the traffic signal at Coast Highway
Marguerite Avenue to provide
separate left -turn phasing for
Marguerite. (See report w /agenda
item F• 2 (d) )
(f) Resolution No. 87 -137 requesting
the California Department of
Transportation (CalTrans) to
consider the installation of
additional traffic signals at the
intersections of Coast Highway at
Orchid and Iris Avenues. (See
report w /agenda item F -2(d))
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2643 to Blair
Paving„ Inc., (waive the
irregularity in the bid documents)
for the total price of $262,522.50;
and authorize the Mayor and City
Clerk to execute subject contract
for 1987 -88 Street Resurfacing
Program. (Report from Public Works
Department)
(b) Authorize the Mayor and City Clerk
to execute a Supplemental Agreement
with the engineering firm of ASL
Consulting Engineers for the
preparation of final design plans,
specifications and cost estimate
for Coast Highway Widening, Bayside
Drive to MacArthur Boulevard,
C- 2500,. (Report from Public Works
Department)
(c) Removed from the Consent Calendar.
Volume 41 - Page 314
Traffic Sgnl
CalTrans/
PCH /Margrt
Res 87 -135
(85)
Traffic Sgnl
CalTrans/
Lft -trn
Margrt
Res 87 -136
(85)
Traffic Sgnl
CalTrans/
PCH /Orchd
Res 87 -137
(85)
St Rsrfcg/
87 -88
C -2643
(38)
PCH Wdng/
Bayed Dr-
MacA /ASL
C -2500
(38)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
August 10, 1987
4.
5.
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COMMUNICATIONS - For referral as
indicated:
(a) To Parks, Beaches and Recreation
for reply, letter from Brooke B.
Bentley concerning Buffalo Hills
Park and Little League Baseball
Team.
MINUTES
PB &R
(62)
(b) To Planning Department for Planning
inclusion in the records, letter (68)
from D. Jim Parsa, (property owner
of 20152 S. W. Birch) regarding Santa
Ana Heights annexation.
(c) Removed from the Consent Calendar.
(d) To staff for preparation of policy, IPB&R
letter from Environmental Quality (62)
Affairs Citizens Advisory Committee
regarding trees and shrubs that
obstruct views.
(e) To Parks, Beaches and Recreation PB &R
Commission for report back, letter (62)
from Girl Scout Council of Orange
County requesting a lease
extension.
COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Roy L. Slater
protesting COMCAST Cable's pricing
policies.
(b) Copy of letter from Cameo Community
Association urging Orange County
Planning Commission support for
Pelican Hills Road construction.
CLAIMS FOR DAMAGES - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Coline M. Gibbons alleging Sabot
sail boat being used in connection
with City's summer recreation
program damaged her boat that was
anchored in Newport Harbor on July
22, 19B7.
(b) Jeffrey Harbison alleging false
arrest, assault, battery,
defamation, excessive force, etc.,
by City Police Officers on April
19, 1987 at parking lot of
Warehouse Restaurant, Lido Isle.
Volume 41 - Page 315
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CITY OF NEWPORT BEACH
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10, 1987
(c) Application to present late claim Ketchum
of Dorothy M. Ketchum alleging
damages due to the loss of her son,
James D. Ketchum, who was killed in
helicopter accident on March 10,
1987 at Bonita Canyon, City of
Irvine.
(d) Peter ,Jason Luna alleging personal Luna
injuries and property damage as a
result of being involved in
accident with City employee at
Industrial Way, east of Superior on
July 1, 1987.
(e) Application to present late claim of Ray
Jeffrey Steven Ray alleging
personal injuries as a result of
falling; on cement walkway near
northernmost end of Corona del Mar
Beach on March 14, 1987.
(f) Sue Ellen Rotar alleging her Rotar
vehicle was rear -ended by City
Refuse Truck at San Miguel and Ford
Road on July 17, 1987.
(g) City of San Clemente seeking City SClmte /.
indemnity, etc., from claim filed Hermanson
by Barry and Sally Hermanson
regarding auto accident from
Santee„ California to Route
73 /MacArthur Boulevard, and San
Joaquin Hills Road on August 3,
1984.
(h) Mark James Smith alleging mental, Smith
emotional and physical distress,
etc., when arrested near the west
side of: the harbor entrance to
Newport Bay on April 28 or 29,
1987.
(i) State Farm Insurance for Russell State Farm/
Kuhlman, alleging City Street Kuhlman
Sweeper damaged right front end of
claimant's vehicle in alley at 219
Lugonia on June 8, 1987.
(j) Edward J. Tracy alleging puncture Tracy
to tire: as a result of driving over
City's traffic counter at
intersection of Birch Street and
Bristol. on July 11, 1987.
Volume 41 - Page 316
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For rejection:
(k) Late Claim of Eric R. Bever
Bever
alleging personal injuries as a
result of bicycle accident caused
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by root damage in pavement on road
at Pacific Coast Highway on April
14, 1987.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Arnold and Kyal Betton, Orange
Betton
County Superior Court,, Case No.
491779. Claim was denied by City
Council in December, 1985.
(b) Thomas Quental for Damages and
Quental
False Arrest and Imprisonment,
Orange County Superior Court, Case
No. 5213870. Claim was denied by
City Council on January 26, 1987.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve two Assistant Code
Enforcement Officers, Planning
Department.
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(b) Approve one Senior Library Clerk,
Library Services Department.
(c) Approve one Parking Lot Lead
Person„ Marine Department.
(d) Approve one Parking Lot Supervisor,
Marine Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Memorandum from Budget Committee
Arts Cmsn
recommending DEFERRING REQUEST OF
(24)
ARTS COMMISSION FORA FULL -TIME
ASSISTANT UNTIL PREPARATION OF THE
1988 -81) BUDGET.
For Council information and filing:
(b). Report to the City Manager
Ping Cmsn
regarding ACTIONS TAKEN BY THE
(68)
PLANNING COMMISSION ON JULY 23,
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1987.
(c) Memorandum from Parks, Beaches and
PB &R Ofcra
Recreation Director regarding
(24)
ELECTION OF OFFICERS FOR FISCAL
YEAR 1987 -88.
Volume 41 - Page 317
COUNCIL MEMBERS
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August 10, 1987
10. PUBLIC HEARING SCHEDULING:
(a) August. 24, 1987 -
PLANNING COMMISSION AMENDMENT NO.
651 - A request of IRVINE PACIFIC,
Newport Beach, to amend the Planned
Community Development Standards for
Area 10 of the BIG CANYON PLANNED
COMMUNITY so as to amend the front,
side and rear yard setback
requirements for residential
dwellings and garages, and to
delete the provision for the
establishment of setbacks in
conjunction with the approval of a
tentative tract map. Property
located on the northeasterly side
of San Joaquin Hills Road, between
Santa Rosa Drive and Santa Cruz
Drive; zoned P -C. (Report from the
Planning Department)
(b) Removed from the Consent Calendar.
11. ENCROACHMENT PERMIT REQUEST OF LAWRENCE J.
O'ROURKE, JR. - Approve issuance of an
encroachment permit for construction of
nonstandard improvements at 2244 West
Coast Highway for installation of a sign
within a City public utility easement
adjacent to and contiguous with West
Coast Highway; approve an agreement for
nonstandard improvements; and authorize
the Mayor and City Clerk to execute
subject agreement and record with the
Orange County Recorder. (Report from
Public Works Department)
12. RESUBDIVISION NO. 821 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 821,
Balboa Island; and authorize the Mayor
and City Clerk to execute subject
agreement. (Report from Public Works
Department)
13. USE PERMIT NO. 3227 - Approve Use Permit
Agreement guaranteeing completion of the
public improvements required with Use
Permit No. 3227, on property located at
3952 -4020 Campus Drive; and authorize
the Mayor and City Clerk to execute
subject agreement. (Report from Public
Works Department)
Volume 41 - Page 318
PCA 651
(94)
Permit/
Encroachmt
(65)
Resub 821
(88)
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August 10, 1987
14. SPECIAL EVENTS PERMITS - Uphold staff's Permit/
recommendation for approval (subject to Spcl Evnts
conditions listed in the staff report) (65)
of the following: (Report from Business
License Supervisor)
(a) Application #87 -115 - Apli #87 -115
Temporary Street Closure for
Rusty Pelican /Special Olympics
Triathlon at Back Bay Drive on
Saturday, September 26, 1987,
7:30 - 9:50 a.m.
(b) Application #87 -193 - Removed
from the Consent Calendar.
15. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Cncl Expns
- Approve the following for League of (33)
California Cities Conference to Monterey:
Evelyn R. Hart for $299 (July 23 and 24,
1987), Philip Maurer for $628.55 (July
22 - 24, 1987), and Ruthelyn Plummer for
$547.37 (July 21 - 24, 1987).
16. HARBOR PERMIT APPLICATION #128 -3017 - Harbor Perm
Approve application of Lancer Landing to Apli #128 -
revise the commercial docks bayward of 3017
3017 West Coast Highway, subject to (51)
conditions :listed in the staff report.
(Report from Marine Department)
17. ACQUISITION OF MOBILE HOME IN DE ANZA PW /DeAnza
BAYSIDE VILLAGE - Authorize the purchase MHms Purch
of mobile home and appurtenances at 232 (74)
Plymouth Drive for $38,000 from Mr. and
Mrs. Robert Burke, subject to Federal
and State approval. (Report from Public
Works Department)
18. BUDGET AMENDMENTS - For approval: (25)
BA- 004, $9,018 - Increase in
Unappropriated Surplus and Revenue
Estimates for reserve of funds from Drug
Enforcement Administration; General
Fund.
BA -005, $2,500 - Transfer in Budget
Appropriations for Outer Continental
Shelf Oil Field; Nondepartmental-
Advertising and Public Relations Fund.
BA -006, $10,100 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for Balboa
Peninsula Drainage Study /Design (omitted
from carry -over list); General Fund.
Volume 41 - Page 319
COUNCIL MEMI
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CITY OF NEWPORT BEACH
August 10, 1987
MINUTES
15th St /Npt
Pier Restrm
C -2624 (B,)
(38)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works Department
recommending that the City Council: (1)
authorize staff terminate an existing
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Agreement with Boyle Engineering
Corporation to design new public
restrooms at Newport Pier and at 15th
Street; (2) authorize the City Manager
to execute a new Agreement with Boyle
Engineering Corporation to prepare plans
and specifications for a new restroom at
Newport Pier when a final decision has
been made on the concept and location;
and (3) authorize the City Manager to
execute an .Agreement with Ron Yeo,
Architect, 'FAIA, to prepare plans and
specifications to remodel the existing
15th Street restroom, was presented.
Mayor Pro Tem Hart stated that she has
discussed this matter with the Public
Works Director and feels the recommended
action with regard to the 15th Street
restroom is appropriate. However,
pertaining to the Newport Pier restroom,
she stated that she was most anxious to
move ahead and requested the Public
Works Director to brief the Council on
its status.
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The Public Works Director advised that
the City has retained Boyle Engineering
to prepare alternative designs for the
Newport Pier restroom, together with
coat estimates, which he hopes will
respond to the concerns expressed by the
Council in the past. He stated that the
Public Works and Planning Departments
intend to have a report back to the
Council on September 14, which will
include elevations, plans, alternatives,
cost estimates and projected schedules.
It is their hope that a final decision
can be made at that meeting.
Mayor Pro Tem Hart commented that she
would like to have as much information
as possible with regard to the Newport
Pier restroom when it comes back on
September 14, in order that the Council
may take action at that time, and allow
staff to proceed. She stated that it
was her hope that the restroom would be
in place by next year.
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Motion was made to approve the
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recommended action, as set forth in the
staff report.
Volume 41 — Page 320
15th St /Npt
Pier Restrm
C -2624 (B,)
(38)
CITY OF NEWPORT BEACH
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Motion
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Motion
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MINUTES
Petition signed by tenants of Marinapark
requesting the City take necessary steps
to provide barriers (such as turnstiles)
at each end of the front walkway in
Marinapark to deter bicycles, was
presented.
Council Member Plummer stated that she
would hesitate placing barricades on the
sidewalk in front of Marinapark,
inasmuch as it would then appear to not
be a public walk or a public beach. She
suggested that staff investigate the
feasibility of improved signage in the
area or that stronger police enforcement
be made on the bicyclists.
Council Member Maurer reported that on
Balboa Island, the General Services
Department has placed signs designating
no bicycles allowed on certain
sidewalks, which he felt has really been
of help. He also does not feel
turnstiles or barricades would be the
answer to this problem.
Motion was made to refer the subject
letter to staff for response.
Report from Public Works Department
recommending staff notify the owners of
property fronting 31st Street to
construct concrete curb, gutter, and
sidewalk improvements along 31st Street
frontages, using the procedures of
Chapter 27 of the Improvement Act of
1911 (31st Street Improvement between
Newport Boulevard and Villa Way, Cannery
Village Area), and setting a public
hearing on September 14, 1987, was
presented.
Council Member Turner stated that he
would be out of town on September 14,
when the above item is recommended for
public hearing, and therefore, motion
was made to schedule said public hearing
for September 28, 1987.
Application #87 -193 - Amplified Sound
for wedding ceremony of M. J. Rylaarsdam
at Lookout 'Point in Corona del Mar on
Saturday, August 29, 1987, was presented.
Council Member Sansone stated that he
does not feel amplified sound is
necessary, or appropriate for the
subject area, due to the proximity of
residential homes, and therefore, motion
was made to approve the subject per&it
without amplified sound.
Volume 41 - Page 321
784
ry Vlg/
St Impv
(74)
Permit /Spcl
Event Apli#
87 -193
(65)
COUNCIL MEMBERS
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Motion
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CITY OF NEWPORT BEACH
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August 10, 1987
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 87 -39, being, Ord 87 -39
PD /Towg
AN ORDINANCE OF THE CITY COUNCIL OF Official
THE CITY OF NEWPORT BEACH AMENDING (70)
CERTAIN SECTIONS OF CHAPTER 5.15 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO REGULATION OF NEWPORT
BEACH OFFICIAL POLICE TOW TRUCK
SERVICE,
was presented for second reading with
report dated July 27, 1987, from
Assistant City Attorney.
The City Manager reported that the
subject ordinance was not reviewed in
its entirety prior to presenting to the
Council for introduction, and he would
therefore, recommend that:
a) Section 3, relative to hours
of operation, be deleted as
set forth in the proposed
ordinance, and that the hours
of 7 a.m. to 7 p.m. remain.
He stated that should the tow
companies have a problem with
the existing hours of
operation, then this issue can
be considered separately by
the Council at a future date.
b) Section 5 be renumbered to
Section 4, and read: "A
towing company may charge a
lien sale fee, as provided by
resolution, and may begin lien
sale proceedings after five
(5) days of.storage."
Motion was made to reintroduce Ordinance
No. 87 -39, as amended in the foregoing,
and pass to second reading on August 24,
1987.
I. CONTINUED BUSINESS:
1. Report from City Attorney regarding LIDO Ping /Lid
VILLAGE PARKING STRUCTURE, was Vlg Prkg
presented. (68)
Letter from S. R. Willford dated July 3,
1987, was presented.
Volume 41 - Page 322
COUNCIL MEMBERS
9
•
•
Motion
All Ayes
Motion
All Ayes
•
x
CITY OF NEWPORT BEACH
MINUTES
August 10, 1987
Sandy R. Willford, 62 Linda Isle, Ping /Lido
addressed the Council and stated that he Vlg Prkg
had reviewed the subject report and
would be responding.in writing; however,
he did wish to make a few comments at
this time. He stated that with regard
to there being a "dispute," he felt
there is no dispute as to the existence
or wording of the contract; and no
relevant, or material disagreement
between Lido Marina Village and Lido
shop owners. He stated, the only
disagreement is who gets to use the
parking structure for use permit
purposes, but whether they agree or not,
its an issue that only the City Council
can decide. He stated that pertaining
to any possible conflict of interest on
the part of the City Attorney, the Lido
Shop owners will withdraw their
objections to his representing both
the staff and Council. He stated that
the City staff is aware of their
contract and they do not feel there were
any errors on the part of the Planning
Commission, but there was an error on
the part of the staff. In conclusion,
he stated he felt the City Council
should have another closed session on
this matter as soon as possible.
The Planning Director, in response to
the above comments, stated that, as far
as the Planning Department is concerned,
they do not feel they have made any
mistakes and they will disagree with Mr.
Willford on this issue.
Motion was made to receive and file
report from the City Attorney.
J. CURRENT BUSINESS:
1. HARBOR QUALITY CITIZENS ADVISORY Harbor Qlty/
COMMITTEE VACANCY: CAC
Motion was made to accept with regret
the resignation of Bill Harris, and
confirm (District 3) Mayor Pro Tem
Hart's appointment of Donald R. Lawrenz,
Jr., to fill. Mr. Harris' unexpired term
ending December 31, 1987.
Volume 41 — Page 323
1 0
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
August 10, 1987
Meeting adjourned at 8:35 p.m.
The agenda for this meeting was posted
on August 6, 1987. at 8:30 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach Administra-
tion Buildine.
Volume 41 - Page 324