HomeMy WebLinkAbout07/11/1988 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
G 4A� t 9G
REGULAR
COUNCIL MEETING
9
PLACE:
Council Chambers
TIME:
7:30 P.M.
DATE:
July 11, 1988
Present x x x x x
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Mayor Cox presented Permaplaqued Certificates
of Appreciation. to former Arts Commissioners,
Gail Foor and Deborah Polonsky.
I x I A. ROLL CALL.
B. Reading of Minutes of Meeting of June
27, 1988, was waived, approved as
written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directd to
read by titles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing
regarding proposed ORDINANCE NO. 88 -22,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTIONS 19.14.013 AND 19.14.014 OF
THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO VESTING TENTATIVE MAPS,
was presented for second reading with
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.
88 -22, amending the Newport Beach
Municipal Code as it relates to vesting
tentative maps.
2. Mayor Cox opened the public hearing
regarding proposed ORDINANCE NO. 88 -23,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 20.52 (OPEN SPACE DISTRICT)
OF THE NEWPORT BEACH MUNICIPAL CODE
SO AS TO ESTABLISH TWO CLASSIFICA-
TIONS OF OPEN SPACE WHICH WILL
DISTINGUISH BETWEEN ACTIVE AND
PASSIVE RECREATIONAL AREAS; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT [PLANNING COMMISSION
AMENDMENT NO. 6641,
was presented for second reading with
report from the Planning Department.
Volume 42 - Page 262
38 -22
(68)
Mp
Ord 88 -23
Open Space/
Clasfctns
(94)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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July 11, 1988
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No.
88 -23, amending Chapter 20.52 (Open
Space District) of the Newport Beach
Municipal Code.
3. Mayor Cox opened the public hearing
regarding the TENTATIVE MAP OF TRACT NO.
13577, a request of BATE AND LYONS
INVESTMENT CO., Costa Mesa, denied by
the Planning Commission on June 9, 1988,
to subdivide two existing lots into
three lots for two family residential
condominium development on property
located in the R -2 District. The
Proposal also includes a request for
exceptions to the Subdivision Code so as
to allow the creation of two corner
parcels which contain less than 6,000
sq. ft. of land area and are less than
sixty feet average width, and one
interior lot containing an average width
of less than fifty feet. The proposal
also includes a request to amend a
portion of Districting Map No. 25 so as
to revise the front yard setback
designations for the subject property.
Property located at 3235 -3245 Clay
Street, on the southerly side of Bolas
Avenue, between Broad Street and Clay
Street in Newport Beach.
Report from the Planning Department, was
presented.
Letter w /petition signatures from Shari
S. Rooks, Expressing continued
opposition to the subject project, was
presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from E. Clement Shute, Jr.,
Attorney, recommending the City Council
uphold the decision of the Planning
Commission, and deny the appeal.
Dana Bate, applicant, addressed the
Council and stated that when this
request was considered by the Planning
Commission, one of their concerns was
that if this application were approved,
It would set a precedent for the area
and future requests; however, she felt a
precedent was established many years
ago, inasmuch as there are no longer any
large lots left in the neighborhood that
can be subdivided. With regard to
Volume 42 - Page 263
TMapTr#13577
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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parking, she stated that they will be
providing two parking stalls for each
unit, whereas only 1.5 per unit is
required. She displayed a map of the
• site, and explained the proposed
setbacks, court yards, open space,
parking, etc., and stated that each unit
will be between 1400 and 1600 sq. ft.
She felt the project was very attractive
and would be an asset to the area. In
closing, she stated that it was her
understanding that the Newport Heights
Community Association has approached the
Parks, Beaches and Recreation Department
regarding acquisition of the subject
parcel for development as a possible
park site.
Bob Brooks, 3233 Clay Street, addressed
the Council in opposition to the
proposed development. He stated that he
resides next door to the subject parcel
and felt that the project as proposed is
too dense. He stated that he built two
condominiums on his property and adhered
to the 20 .foot setback requirement, and
felt the applicant should be required to
do the same. As to parking, he stated
that church members parked on the
• subject property and not on the street.
He urged the Council to uphold the
decision of the Planning Commission and
deny the appeal.
Sheri Rooks, 3308 Clay Street, addressed
the Council in opposition to the
project. She referenced her letter of
June 29, 1988, together with petitions
from residents in the area, who were
against the proposal. She also read a
letter from Diana D. Springer, 3300 Clay
Street, opposed to the development, and
urged the Council to deny the appeal.
Gale Demmer, 2812 Cliff Drive, President
of Newport Heights Community
Association, addressed the Council in
opposition to the proposal. She stated
that they have met with the applicant
and reviewed the request, and that
homeowners residing on Broad, Bolsa and
Clay Streets were in attendance. She
stated that following input from
residents, the Association voted to
support the homeowners request for
• denial, due to the site not being suited
for the density, without requesting
exceptions to the zoning and subdivision
codes, and because the project would be
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3577
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July 11, 1988
too dense. She also stated that the
Newport Heights Community Association is
not requesting that a park be developed
on the subject parcel as referenced
earlier by the applicant. She further
stated that they would welcome the
development- in the area providing the
applicant stays within the confines of
zoning and subdivision regulations.
Dr. Jan Vandersloot, 2221 16th Street,
addressed the Council and spoke against
the project. He stated that the
proposal attempts to affect an R -3
zoning designation which is currently
zoned R -2, and that the development is
much too dense for the area.
Hearing no others wishing to address the
Council, the public hearing was closed.
Mayor Pro Tem Hart stated the area in
question is zoned R -2; that a great deal
of redevelopment in the vicinity is
occuring; that there are still some R -2
lots yet to be developed and inasmuch as
she is not in favor of substandard
lots, moved to sustain the decision of
the Planning Commission, and deny the
appeal, based on Findings for Denial,
designated as Exhibit "B" of the staff
report.
4. Mayor Cox opened the public hearing
regarding COST OF WORK ACCOMPLISHED
UNDER CHAPTER 27 OF THE IMPROVEMENT ACT
OF 1911 (ALLEY IMPROVEMENTS IN BLOCK 2,
TRACT NO. 27, BOUNDED BY 15TH AND CLAY
STREETS, AND BOLSA AVENUE, CONTRACT NO.
2470).
Report from Public Works Department, was
presented.
The City Manager noted a correction on
handwritten page 4 of the staff report
and stated that the amount to be
assessed to Lot 4 should read $2,115.35.
Larry Shankweilar, 3231 E. 15th Street,
addressed the Council and stated he was
pleased with the work; however, he felt
his assessment of $2,568.64 was too
high. He stated he was familiar with
the cost of concrete, and taking into
consideration labor and equipment, he
felt his assessment should be
approximately $1,500. He also stated
Volume 42 - Page 265
15th /West-
Impvms
(74)
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CITY OF NEWPORT BEACH
July 11, 1988
MINUTES
that he would like to see an actual cost
breakdown given to each property owner
being assessed.
• Ross E. McElfresh, 514 Bolsa Avenue, Lot
11, addressed the Council and stated he
felt his assessment was "out of line."
He further stated that the two water
boxes installed after the paving now
have cracks and should be looked at by
City staff, or they will cause further
problems.
Phil Schaffer, whose mother owns
property at 517 Westminster, Lots 22 and
23, addressed the Council and expressed
his concerns regarding the assessment of
over $4,000, and indicated he felt the
costs should be recalculated.
Alan Schwalb, owner of 533 Westminster,
Lot 18, addressed the Council and stated
that the contractor for the subject work
did a good job, but "no extras," and
that his assessment was considerably
higher than. expected.
The Public Works Director, in response
to the above comments, stated that the
• cost of the work is based on a
competitively bid Public Works contract,
and that once a contractor has entered
into that contract and the City has
accepted that particular bid, the bid
price stands. He stated that the costs
may be a little higher than some
concrete work, because concrete work in
alleys is "Tabor intensive," and access
to the workmen is rather difficult.
However, he felt the subject costs were
in line with concrete work the City has
done elsewhere where the the
circumstances were similar. In
addition, the costs do include a modest
amount for engineering. As to the
formula for spreading the assessments,
this block was spread in proportion to
lot area, and because of the
configuration of the alley and the
existence of a "T" alley, it did not
appear appropriate to use front footage,
so lot square footage was used. He
further stated that the City's standard
specifications for alley construction do
not include wire mesh, as it is felt
- that the extra cost of wire mesh is not
worth using it.
Volume 42 - Page 266
15th /West-
Impvms
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July 11, 1988
Larry Shankweilar addressed the Council
again, and questioned if nonunion
contractors were allowed to bid on the
alley improvements, to which the Public
Works Director replied that the City's
bidding standards do not require union
contractors per se; however, there is a
minimum prevailing wage requirement.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to approve the report;
confirm the assessments; and adopt
Resolution No. 88 -72 fixing the number
of installments and annual rate of
interest.
Res 88 -72
5. Mayor Cox opened the public hearing 31St /Villa
regarding COST OF WORK ACCOMPLISHED Wy Impvms
UNDER CHAPTER 27 OF THE IMPROVEMENT ACT (74)
OF 1911 (THIRTY -FIRST STREET BETWEEN
VILLA WAY AND NEWPORT BOULEVARD,
CONTRACT NO. 2470).
Report from Public Works Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to approve the report;
confirm the assessments; and adopt
Resolution No. 88 -73 fixing the number
of installments and annual rate of
interest.
E. PUBLIC COMMENTS:
Council Member Plummer announced her
candidacy for re- election in November,
1988, for Councilmanic District No. 2.
F. CONSENT CALENDAR:
The following actions were taken as
indicated:
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on July 25, 1988 -
(a) Proposed ORDINANCE NO. 88 -24,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
5.50.020 OF THE NEWPORT BEACH
Volume 42 - Page 267
88 -73
)rd 88 -24
3us Lic/
2assage
(27)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
July 11, 1988
MINUTES
MUNICIPAL CODE PERTAINING TO
MASSAGE ESTABLISHMENT OPERATOR
]PERMITS. (Report from
Business License Supervisor)
(b) Proposed ORDINANCE NO. 88 -25,
Ord 88 -25
being,
Bus Lic/
Massage Tech
AN ORDINANCE OF THE CITY
(27)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
5.50.035A OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
14ASSAGE TECHNICIAN PERMITS.
(Report from Business License
Supervisor)
Schedule for public hearing on July 25,
1988 -
(c) Proposed ORDINANCE NO. 88 -26,
Ord 88 -26
being,
Zoning
Dwelg Units
AN ORDINANCE OF THE CITY
(94)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
SO AS TO DELETE PROVISIONS
WHICH REQUIRE THE REMOVAL OF
DWELLING UNITS WHICH EXCEED
THE ALLOWABLE DENSITY
PERMITTED BY THE DISTRICT IN
WHICH THEY ARE LOCATED WHEN
SAID DWELLING UNITS BECOME
SIXTY YEARS OLD [PLANNING
COMMISSION AMENDMENT NO. 6591.
PCA 659
(Report from the Planning
:Department)
(d) Proposed ORDINANCE NO. 88 -27,
Ord 88 -27
being,
Zoning
AN ORDINANCE OF THE CITY Distric
COUNCIL OF THE CITY OF NEWPORT (94)
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
SO AS TO ESTABLISH A
"GOVERNMENTAL, EDUCATIONAL,
AND INSTITUTIONAL FACILITIES
DISTRICT;" AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT [PLANNING COMMISSION PCA 665
AMENDMENT NO. 665]. (Report
from the Planning Department)
Volume 42 - Page 268
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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July 11, 1988
(e) Proposed ORDINANCE NO. 88 -28,
Ord 88 -28
being,
Zoning
Public .
AN ORDINANCE OF THE CITY
Notices
COUNCIL OF THE CITY OF NEWPORT
(94)
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE DISTRIBUTION
OF PUBLIC NOTICES FOR PROPOSED
AMENDMENTS TO TITLE 20 OF THE
MUNICIPAL CODE, AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT [PLANNING COMMISSION
PCA 666
AMENDMENT NO. 666]. (Report
from the Planning Department)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 88 -74 establishing
Personnel
the salaries of the City Manager,
CMgr /CAty/
City Attorney and City Clerk for
CClk Salary
the 1988 -89 Fiscal Year, and
188 -89 FY
amending the Classification and
Res 88 -74
Compensation Plan to reflect said
(66)
changes.
(b) Resolution No. 88 -75 establishing a
Utilities
voluntary water conservation
Res 88 -75
program. (Resolution and Report
(89)
from from Utilities Director)
3. CONTRACTS /AGREEMENTS:
(a) Award. Contract No. 2694 to Britton
Corp Yard/
Construction of Wilmington, in the
Boundary W1
amount of $47,440.90 to construct
C -2694
Boundary Wall at the Corporation
(38)
Yard; and authorize the Mayor and
City Clerk to execute said
contract. (Report from Public
Works Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Planning Department for
Planning/
inclusion in the records, letter
Emerald As-
from Spencer Crump opposing Emerald
sociates
Associates application for Use
(68)
Permit 3312 (scheduled for public
hearing /Council review on July 25,
1988).
(b) To Planning Department for
Planning/
inclusion in the records, letter
Blue Beet
from Mrs. Linn Aitken asking that
Cafe
The Blue Beet Cafe not be closed
(68)
because it retains some of the
atmosphere of what Newport Beach
used to be.
Volume 42 - Page 269
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
July 11, 1988
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) California State Department of
Housing and Community Development
correspondence concerning Mobile
Home Park Assistance Program to
provide funding through loans to
assist low- income mobile home park
residents to purchase mobile home
parks..
(b) Golden State Mobile Home Owners
League, Inc., letter and
accompanying questionnaire
regarding Seacliffe Homeowners
Association.
6. CLAIMS FOR DAMAGES - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) John Howard Algie for property Algie
damage, alleging object flew out of
back of City truck striking his
windshield while driving on
Superior Avenue on June 6, 1988.
(b) Coco's Restaurant seeking indemnity Coco's Rest/
from claim filed against them by Andrews
Audrey Andrews who tripped and fell
near the restaurant located on
Pacific Coast Highway in Corona del
Mar on December 27, 1986.
(c) Kurt English alleging his vehicle
towed in error from 1912 Irvine
Avenue on May 1988, and damaged by
Harbor Towing.
(d) Anna Kozma for property damage to
her vehicle, alleging City paint
crew sprayed her vehicle while
doing work in the area of West
Balboa Boulevard, between 16th and
17th Streets on June 2'2, 1988,
(e) Gina's Pizza alleging damages to
restaurant as a result of City
truck hitting exterior patio wall
at 42.0 Iris Avenue on April 30,
1988.
(f) Ferguson A. Wilson alleging
personal injuries as a result of
falling into open water ditch with
no markings when he slipped on
loose sand piled up from backhoe on
Way lane near residence at 2601 on
June 8, 1988.
Volume 42 - Page 270
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CITY OF NEWPORT BEACH
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Johnson
(66)
For rejection:
(g) LATE CLAIM of Randall H. Johnson,
owner of Hemingways Restaurant,
2441 East Coast Highway, Corona del
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Mar, alleging personal injuries,
etc., as a result of physical abuse
by City Police Department on
December 23, 1987, at his
restaurant.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Parking Control Officer,
Traffic Division.
(b) One Equipment Operator II, General
Services Department.
(c) Two Refuse Worker I's, Refuse
Division.
(d) One Maintenance Worker II, Field
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Maintenance Division.
(e) One Maintenance Worker I, Field
Maintenance Division.
(f) One Equipment Operator I, Refuse
Division.
(g) One Equipment Operator II, Refuse
Division.
(h) One Equipment Operator II, Field
Maintenance Division.
(i) One Concrete Finisher, Field .
Maintenance Division.
(j) One Equipment Serviceworker,
Equipment Maintenance Division.
(k) One Maintenance Worker I, Field
Maintenance Division.
(1) One Account Clerk, Finance
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Department:
(m) One Librarian (Adult Reference)
Library Department.
Volume 42 - Page 271
Johnson
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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(n) One Senior Secretary,
Nondepartmental.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
MINUTES
(a) Report from the City Attorney Rutan /Tucker
regarding REQUEST FOR INCREASE IN C -2170
ATTORNEY'S FEES FOR RUTAN AND (38)
TUCKER [CONTRACT N0. 2170 /HOUSING
LAWSUIT].
For Council information and filing:
(b) Report to the City Manager from Planning
Planning Department, regarding Cmsn
ACTIONS TAKEN BY THE PLANNING (68)
COMMISSION ON JUNE 24, 1988.
10. PUBLIC HEARING SCHEDULING - For July 25,
1988:
(a) REQUEST FOR CERTIFICATES OF PUBLIC Towing /PD
CONVENIENCE AND NECESSITY PURSUANT (70)
TO SECTION 5.13.060 OF THE
MUNICIPAL CODE FOR THE FOLLOWING
(Memo from Business License
Supervisor):
1. Medlin's Towing IMedlin's
13642 Milton Avenue Towing
Westminster, CA 92683
2. California
Towing
CA Towing
2202 West
5th
Street
Santa Ana,
CA
92703
3. Pacific Coast
Towing
Pacific Cst
2209 Lyons
Towing
Santa Ana,
CA
92705
(b) REQUEST FOR TOW RATE INCREASE Towi
PURSUANT TO SECTION 5.13.140 OF THE (70)
MUNICIPAL CODE FOR (Memo from
Business License Supervisor):
Newport Center Towing Npt Center
16372 Construction Circle, East Towing
Irvine, CA 92714
11. SPECIAL EVENTS APPLICATIONS - Uphold Permit/
staff's recommendation for approval, Special Evnt
subject to the conditions listed in the (65)
staff reports for the following:
(Report from Business License
Supervisor)
Volume 42 - Page 272
CITY OF NEWPORT BEACH
COUNCIL MEMKRS MINUTES
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ROLL CALL $' July 11, 1988 INDEX
(a) Application No. 88 -141 - Amplified
Aplili88 -141
sound in a residential area on
Saturday, September 10, 1988 from
6:00 -- 8:00 p.m, at Inspiration
Point for Melinda Case wedding
•
ceremony.
(b) Application No. 88 -167 - Amplified
Aplili88 -167
sound in a residential area on
Saturday, September 17, 1988 from
4:00 -- 6:00 p.m., at Galaxy View
Park for Nancy Iacino wedding
ceremony.
(c) Application No. 88 -230 - Amplified
Aplili88 -230
Sound in a residential area on
Saturday, July 23, 1988 from 7 -
11:00 p.m. at 1453 Galaxy Drive for
Cynthia Garrett private party with
dance band.
12. CONSTRUCT RESTROOM AND OTHER
Channel Park
IMPROVEMENTS IN CHANNEL PARK /CONTRACT
Restrm Impvm
NO. 2664 - Approve the plans and
C -2664
specifications; and authorize the City
(38)
Clerk to advertise for bids to be opened
at 11:00 a.m., on August 24, 1988.
(Report from Public Works Department)
13. RESUBDIVISION NO. 859 (MCDONALD'S) -
Resub 859
•
Approve a subdivision agreement
(84)
guaranteeing completion of public
improvements required with Resubdivision
No. 859 (located at 700 West Coast
Highway /northerly side, between Dover
Drive and Tustin Avenue); accept offer
of dedication of a 12 foot -wide street
and highway easement along the West
Coast Highway frontage for future
widening of West Coast Highway; and
approve an encroachment agreement for
nonstandard improvements with McDonald's
Corporation. (Report from Public Works
Department)
14. BUDGET AMENDMENTS - For approval:
(25)
BA -001, $10,000 - Increase in Budget
Appropriations for car for City
Librarian; Library- Rolling Equipment
Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
None.
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Volume 42 - Page 273
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CITY OF NEWPORT BEACH
July 11, 1988
MINUTES
Ord 88 -20
Newsracks/
Display of
Certain
Material
(27)
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 88 -20, being,
AN ORDINANCE OF THE CITY COUNCIL OF
•
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 5.70 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO MANNER
OF DISPLAY OF CERTAIN MATERIAL IN
NEWSRACKS,
was presented for second reading with
recycled report dated June 27, 1988,
from the City Attorney, and letter from
Mariner's Church.
Legislation from Citizens Leading
Effective Action Now (CLEAN) concerning
limiting display of obscene matter for
the protection of the morals of minors
(AB 711), was presented.
The City Clerk advised that after the
agenda was printed, three letters were
received in support of the proposed
ordinance from Donna Rose, 307 Narcissus
Avenue, Dr. & Mrs. Millard N. MacAdam,
1207 Seacrest Drive, and Peter M. Ochs,
President of The Fieldstone Company.
•
The City Manager reviewed the subject
ordinance, noting that the proposed
amendments would prohibit the display,
to public view, of certain specified
body parts, sex acts, and words, as well
as require the placement of blinder
racks in front of material that is
harmful to minors. The only substantive
change authorizes the City Manager to
remove abandoned racks under certain
circumstances.
It was further pointed out that
newspaper publishers maintaining racks
in the City have been notified by mail
of the proposed amendments. In
addition, many of the newsracks on
Pacific Coast Highway in Corona del Mar
have been removed due to lack of permit,
business license, or liability
insurance:, since this issue was last
discussed on May 9.
Patricia Ellsworth, 201 Carnation
Avenue, addressed the Council in favor
•
of the ordinance, but indicated she
would like to see all tabloids removed
from City curbs so that they cannot fall
into the hands of minors. She also read
a letter from the Attorney General's
()ffice dated November, 1986, in response
Volume 42 - Page 274
Ord 88 -20
Newsracks/
Display of
Certain
Material
(27)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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July 11, 1988
MINUTES
Volume 42 - Page 275
Newsracks/
Display of
Certain
Material
to her concerns over the sale of
pornography at local newsstands. She
stated that: she was advised there was
nothing the State could do at that time
due to recent Supreme Court decisions,
•
and it was suggested she join with her
neighbors to petition local government
and the local police department.
Susan Pyle, 417 Marguerite Avenue,
addressed the Council and stated that
she was pleased with the recent action
to place "blinders" on newsracks, and
was also glad to see that many of the
newsracks have been removed by the City.
She stated that as long as the
publications remain on local sidewalks,
they set community standards.
Ms. Pyle read a letter from Donna Rose,
307 Narcissus Avenue, requesting the
City Council to take whatever action
necessary to ban all pronography from
newsracks.
Ms. Pyle also discussed the impact a
message from "Dial -A- Porn" could have on
a child's sexual development.
Saffel Hudson, 134 Emerald Bay, Laguna
Beach, addressed the Council in support
•
of the subject ordinance, but also urged
that the Catty set the trend for
neighboring communities in eliminating
the sale of "smut" from the sidewalks.
James Dunlap, 419 Marguerite, addressed
the Council in favor of the proposed
ordinance, and also requested that
Council continue their pursuit in
banning all tabloids pertaining to
sexually explicit material.
Council Member Turner stated the City
Council is just as anxious as the
residents in Corona del Mar in
eliminating pornography from City
streets; however, it is very difficult
for the City to develop a "piece of
legislation" which will address the
problem and still meet the test in
court. He stated that the City has to
be very careful what they enact in this
regard, so that it will "stick" and be
upheld in the court system. He also
stated that the Pending Legislation and
•
Procedural Ethics Committee, of which he
is a member, will continue to pursue
this issue.
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July 11, 1988
Sandra Seaver, 406 Vista Grande,
addressed the Council and stated that
she is a mother of five children, and
would like to see the removal of all
newsracks, similar to the East Coast.
She also felt the removal was necessary,
due to the number of tourists who visit
Newport Beach each year. She stated
that since newspapers are available in
grocery stores, drug stores, etc., all
newsracks should be eliminated.
Guy Ellsworth, 201 Carnation Avenue,
addressed the Council and stated he felt
that the proposed "blinders" over the
newsracks will only enhance children's
curiosity, and therefore, they will
purchase the tabloids inside. He stated
he does not feel the blinders will solve
the problem and felt that newsracks
should be controlled as are cigarette
machines.
Council Member Sansone spoke in support
of the proposed ordinance, indicating he
felt it was the first step in achieving
the objective of cleaning up
pornography. He noted that many
newsracks have been eliminated from the
sidewalks since this issue was brought
before the City Council on May 9, and it
is his hope that soon, the City can
change its regulations to limit the
number of newsracks at certain
locations.
Hearing no others wishing to comment,
motion was made to adopt Ordinance No.
88 -20.
2. Proposed ORDINANCE NO. 88 -21, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
CHAPTER 14.10 TO THE NEWPORT BEACH
MUNICIPAL CODE RELATING TO
INSTITUTING A CROSS - CONNECTION
CONTROL PROGRAM TO PROTECT THE
PUBLIC WATER SYSTEM,
was'presented for second reading with
recycled report dated June 27, 1988 from
the Utilities Director.
Motion was made to adopt Ordinance No.
88 -21.
Volume 42 - Page 276
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July 11, 1988
I. CONTINUED BUSINESS:
1. AMEND MEMBERSHIP OF AVIATION COMMITTEE - Aviation
Resolution No. 88 -53 adopted on June 13, Comte
1988, was presented. (Appointments (24)
deferred from Council meeting of June
27, 1988.)
Motion was made to confirm the
appointment of Bob Pendleton,
Representing a Homeowners Association.
The City Council took no action with
respect to appointing alternatives to
the four homeowners associations
representatives.
J. CURRENT BUSINESS:
1. Appeal from denial of the Public Works Permit/
Department for ROBERT HAMMER TO BUILD Encroachm
RETAINING WALL, MAILBOX, AND PAVED Hammer
APPROACH IN THE PUBLIC RIGHT -OF -WAY, was (65)
presented.
Report from Public Works Department, was
presented.
Mayor Pro Tem. Hart stated that the
applicant has worked very hard with the
staff on his project, and inasmuch as an
agreement has been reached concerning
the proposed improvements, motion was
made to allow the appeal, subject to
execution of an agreement for
nonstandard improvements.
Meeting adjourned at 9:00 p.m.
The agenda for this meeting was posted
on July 7, 1988, at 9:00 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Volume 42 - Page 277