HomeMy WebLinkAbout11/23/1987 - Regular MeetingCITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: November 23, 1987
A. ROLL CALL.
ELECTION OF MAYOR
Mayor Cox expressed his reasons for
desiring to serve as Mayor for another
year.
MINUTES
Motion was made to nominate John C. Cox
as Mayor and to conduct the election by
roll call vote.
ELECTION OF MAYOR PRO TEM
Motion was made to nominate Evelyn R.
Hart as Mayor Pro Tem and to conduct the
election by roll call vote.
Council Member Strauss stated he could
not support the motion. He stated in
1984 the City Council decided to leave
the option open as to whether the Mayor
and Mayor Pro Tem would serve one or two
year terms, and by leaving this option
open, it gives Council Members an
opportunity to be of service in this
capacity. He noted that there are four
members on the Council who have not yet
been Mayor or Mayor Pro Tem and feels
that one of the four should be elected.
He stated he has been on the Council for
almost 10 years and feels he could serve
well as Mayor Pro Tem, and therefore,
made a substitute motion to conduct a
secret ballot for nomination of Mayor
Pro Tem and to conduct the election by
secret ballot, which motion FAILED.
The motion made by Council Member
Plummer was voted on and carried.
Council Member Sansone reiterated his
position again on his desire that the
Mayor be elected by the electorate, and
stated he felt this was an issue that
should be placed on the 1988 November
ballot.
Motion was made to adopt Resolution No.
87 -160 authorizing an allowance of
$311.23 per month to the Mayor in
accordance with Section 404 of the
Charter.
B. Reading of Minutes of Meeting of
November 9, 1987, was waived, approved
as written, and ordered filed.
Volume 41 - Page 437
87 -160
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CITY OF NEWPORT BEACH
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November 23, 1987
C. Reading in :full of all of ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Cox opened the continued public
hearing regarding:
GENERAL PLAN AMENDMENT 87 -1(C) - A
request initiated by the City of Newport
Beach to amend the LAND USE ELEMENT of
the Newport Beach General Plan so as to
allow an additional 69,500 sq. ft. of
commercial development in FASHION
ISLAND, and the acceptance of an
Environmental Document;
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GENERAL PLAN CONSISTENCY DETERMINATION —
Determination of Consistency with the
provisions of the General Plan so as to
allow the transfer of 1350 committed
theater seats from Civic Plaza and 350
committed theater seats from Block 300
to Fashion Island;
AND
PLANNING C014MISSION AMENDMENT NO. 632
(PROPOSED ORDINANCE NO. 87-45).- Request
to establish Planned Community District
Regulations and adopt a Planned
Community Development Plan for Fashion
Island. The proposal also includes a
request to amend portions of Districting
Maps No. 48 and 49, so as to reclassify
said property from the C -O -H District to
the Planned Community District;
QM1
A 87 -1(C)
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PCA 632
PLANNING COMMISSION AMENDMENT NO. 653 - PCA 653
Request to amend the Planned Community
Development Standards of the CIVIC PLAZA
PLANNED COMMUNITY so as to delete the
20,000 sq. ft. of existing allowable
theater development;
ff V71 7
TRAFFIC STUDY - Request to approve a Traffic
traffic study so as to allow Study
construction of 69,500 sq. ft. of
commercial development in FASHION
ISLAND.
Report from the Planning Department
dated November 9, 1987, was presented.
Volume 41 - Page 438
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CITY OF NEWPORT BEACH
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November 23, 1987
Letter from SPON dated October 15, 1987,
regarding clarification of their
position on the proposed Fashion Island
Expansion, was presented.
Report from the City Attorney regarding the
SPON letter, dated October 15, 1987, in
conjunction with GPA 87 -1(C), was
presented.
Letter received from The Irvine Company
on November 6, 1987, requesting this
hearing be continued to November 23,
1987, to allow for further discussion
and response to concerns raised by SPON,
was presented.
Letters received from various
individuals, after the agenda was printed
for November 9, indicating their support of
GPA 87 -1(C), were presented.
The following additional letters
received after the November 9, 1987 City
Council meeting regarding Fashion Island
(GPA 87 -1(C)) were presented:
Bill Ritter, John Konwiser, Jane
Lyons, Albert D. and Jeanne G.
Brownell, and Hunter T. Cook,
The City Clerk advised that after the
agenda was printed, seven additional
letters were received in support of GPA
87 -1 from the following:
Dennis L. Osborne, Harbor View
Hills Homeowners Association, Ann
L. Spencer, Thomas Schriber, Carol
R. Benchley, Jim Wood, and Terrell
Watt, representing SPON.
Dave Mudgett, President, Irvine Retail
Properties Company, addressed the
Council and summarized the proposal
under consideration. He stated that The
Irvine Company is requesting 69,500
square feet of new retail space, as well
as the transfer from two other locations
within Newport Center of 1,700 theater
seats to create a cinema of between six
to eight theaters. He stated this
general plan amendment represents the
complete build -out of the mall area and
there are no further plans for its
expansion. He commented that Fashion
Island is 20 years old and is in need of
substantial upgrading to make it more
responsive to community needs. He
stated, however, they do have one
concern regarding the condition of
Volume 41 - Page 439
GPA 87 -1(C)
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CITY OF NEWPORT BEACH
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November 23, 1987
approval with respect to the widening of
Jamboree Read and the cost of sharing in
that improvement. He stated that since
the EIR and Traffic Study did not
identify any traffic impact or needs for
this additional improvement related to
Fashion Island, they do not feel the
recommended condition is fair or proper
and request it be deleted.
The following persons addressed the
Council in support of GPA 87 -1(C):
Richard Breger, Garys 8 Company,
Fashion Island
Debra Allen, 1021 White Sails Way
Jack Oldom, resident and works in
Fashion Island
Sid Sofer, 900 Arbor Street, Costa
Mesa
Hearing no others wishing to address the
Council, the public hearing was closed.
Discussion ensued with regard to the
recommended condition of approval
pertaining to the improvement of
Jamboree Road, wherein the Public Works
Director pointed out that Jamboree Road
between Santa Barbara and Coast Highway
currently has two southbound lanes. The
Traffic Phasing Ordinance requires the
addition of a third southbound lane at
the Santa Barbara Drive intersection.
It is recommended that the City and The
Irvine Company share in the cost of the
additional lane which is estimated at a
total cost of $150,000.
Following discussion, motion was made to
approve the project, as recommended by
the Planning Commission and
(a) Approve the project, as
recommended by the Planning
Commission and:
Adopt Resolution No. 87 -161,
accepting, approving and
certifying the Final
Environmental Impact Report;
Make the findings contained in
the Statement of Facts with
respect to significant impacts
identified in the Final
Environmental Impact Report;
Volume 41 - Page 440
GPA 87 -1(C)
87 -161
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CITY OF NEWPORT BEACH
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November 23, 1987
Find that the facts set forth
in the Statement of Overriding
Considerations are true and
are supported by substantial
evidence in the record,
including the Final
Environmental Impact Report;
With respect to the project,
find that although the Final
Environmental Impact Report
identifies certain unavoidable
significant environmental
effects that will result if
the project is approved, the
mitigation measures identified
shall be incorporated into the
project, and all significant
environmental effects that can
feasibly be mitigated or
avoided have been eliminated
or reduced to an acceptable
Level, and that the remaining
unavoidable significant
effects, when balanced
against the facts set forth in
the Statement of Overriding
Considerations, giving greater
weight to the unavoidable
environmental effects, are
acceptable;
Adopt Resolution No. 87 -162,
adopting amendments to the
Land Use Element of the
Newport Beach General Plan
establishing development
intensity limitations for
Fashion Island, Newport Center
[General Plan Amendment
8'7 -1(C) ] ;
GPA 87 -1(C)
Res 87 -162
Adopt Resolution No. 87 -163, Res 87 -163
approving a transfer of
allowed development from Civic
Plaza and Block 300 to Fashion
Island in Newport Center;
Adopt ORDINANCE NO. 87 -45, Ord 87 -45
being, PCA 632
AN ORDINANCE OF THE CITY
OF NEWPORT BEACH ADOPTING
PLANNED COMMUNITY
DISTRICT REGULATIONS AND
DEVELOPMENT PLAN FOR
FASHION ISLAND IN NEWPORT
CENTER LOCATED WITHIN THE
RING DEFINED BY NEWPORT
CENTER DRIVE, AND
AMENDING PORTIONS OF
Volume 41 - Page 441
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CITY OF NEWPORT BEACH
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November 23, 1987
DISTRICTING MAPS NO. 48
AND 49 SO AS TO
RECLASSIFY SAID PROPERTY
FROM THE C -O -H DISTRICT
TO THE PLANNED COMMUNITY
(P -C) DISTRICT (PLANNING
COMMISSION AMENDMENT NO.
632);
Adopt Resolution No. 87 -164,
adopting amendments to the
Civic Plaza Planned Community
District Regulations and
Planned Community Development
Plan, as recommended by the
Planning Commission; and
Sustain the Action of the
Planning Commission and
approve the Traffic Study.
2. Mayor Cox opened the public hearing and
City Council review of an APPEAL BY ERIC
WELTON, from the denial of the Planning
Commission on October 8, 1987, of
VARIANCE NO. 1142, a request to permit
the construction of a single - family
dwelling on property located at 2723
Ocean Boulevard, Corona del Mar; zoned
R -1. The dwelling would exceed the
maximum permitted height in the 24/28
Foot Height: Limitation District. All
construction would be below the top of
the curb on Ocean Boulevard, except for
two chimneys. The proposal also
includes a modification to the Zoning
Code so as to allow the reconstruction
of an existing wall which exceeds three
feet in height and is located within the
ten foot front yard setback area; and
the acceptance of an Environmental
Document.
Report from the Planning Department, was
presented.
Appeal application of Eric Welton, with
supplemental information, was presented.
The following are letters received
concerning the subject appeal:
Barbara Power, Helen A. Anderson,
Theodore and Sherry Wallace, Delmer
D. and Barbara T. McCommon, Esther E.
Parana, Mrs. James P. Ayves, Nancy L.
Phelps, Joan S. Robin Campbell,
Franklin I. and Alice Remer, Roman
and Elaine Zweber, Lucille and Charles
Clifford, and Jacqueline P. and
Michael M. Jaffe.
Volume 41 - Page 442
Res 87 -164
Variance
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CITY OF NEWPORT BEACH
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November 23, 1987
The City Clerk advised that after the
agenda was printed, a letter was
received from Dr. and Marie Sodaro, in
opposition to the appeal; and a letter
dated November 16, was received from the
applicant, together with a petition
signed by 23 residents in favor of the
variance.
Eric Welton, Applicant, 2723 Ocean
Boulevard, addressed the Council and
advised that since his letter of
November 16, additional modifications
have been made so as to further reduce
and reconfigure the roof height. He
displayed slides of the property in
question, as well as views from his
property and adjacent properties. He
also referenced and explained a Site
Line Study dated November 20, 1987,
which he advised has been submitted to
the staff and, the site line now falls
with a 24' building envelope.
The following persons addressed the
Council in opposition to the variance,
indicating their major concern was loss
of views:
John Anderson, 729 Cameo Highlands
Drive
Alice Remer, 210 Goldenrod Avenue
Jeanine Paquette, 211 Goldenrod
Avenue
Frank Remer, 210 Goldenrod Avenue
Rena Robinson, 218 Goldenrod Avenue
Jacqueline Jaffe, 2724 Ocean
Boulevard
Sid Sofer, 900 Arbor Street, Costa Mesa,
addressed the Council and stated he was
neither for nor against the subject
variance, but would hope the Council
acts within the purview of the Zoning
Code.
Eric Welton, Appellant, addressed the
Council again, and spoke in rebuttal to
some of the comments made by the
foregoing regarding views and the curb
cut.
Hearing no others wishing to address the
Council, the public hearing was closed.
In response to Council inquiry, the City
Attorney stated that the subject
variance does block some public view as
proposed, but not substantially; and the
Planning staff feels the first finding
required of a variance is that the
project will not adversely affect the
Volume 41 — Page 443
Variance
1142
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CITY OF NEWPORT BEACH
November 23, 19137
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health, safety and welfare of the
Vari
public. He stated that the Council has
1142
not taken into account private views
except when use permit or variance
applications are involved.
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Following discussion, motion was made to
overrule the decision of the Planning
Commission;, and to grant Variance No.
1142 based on the Findings and
Conditions of Approval designated as
Exhibit" A „” and adding Condition No.
19 to read as follows:
"19. The applicant shall submit
revised plans for review and
approval by staff which will
conform to the provisions of
approval of this variance,
said plans to be attached
hereto and designated as
Exhibit "A," provided further
that except for one chimney,
all development shall not
exceed top of curb and shall
not penetrate a line of site
established by connecting a
point 5 feet above top of curb
and a point 24 feet above
grade, and closest to the
curb"
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Also included in the motion are
revisions to Conditions No. 6 and 7 to
read as follows:
"6. . . .after the word
'building,' providing the
existing rubber tree shall be
removed prior to the issuance
of a Building Permit."
117. After the word 'be,' limited
to a height of 3 feet and
subject to the issuance of an
encroachment permit approved
by the City Council, prior to
the issuance of Building
Permits."
The City Attorney also recommended that
Finding "B," No. 2 be revised to read as
follows:
"2. That the granting of the
application is necessary for
the preservation and enjoyment
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of substantial property rights
of the applicant, inasmuch as:
Volume 41 - Page 444
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CITY OF NEWPORT BEACH
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November 23, 1987
"a) the steep terrain Variance
requires the structure to 1142
cascade down the bluff
such that usable space
within the home is
substantially reduced;
"b) the principal view from
the site is from the
upper portion of the
property and any portion,
of the proposed residence
constructed on this part
of the parcel will
inevitably exceed the
height limit due to the
steep slope;
"cc) existing restrictions
require the structure to
be built below the top of
curb, force the property
owner to construct
further out from the
slope face, and this will
cause the structure to
exceed the height limit
when measured from the
lower portion of the
site."
Council Member Sansone submitted the
following eight (8) mitigation measures,
which he stated may or may not be
incorporated in the subject motion:
"1. Applicant to install at his
cost a curbaide aidewalk to
City specifications on the
City right -of -way from the end
of the property line of 2735
Ocean Boulevard, across his
property and join same to the
existing sidewalk
northwesterly of his property;
"2. Applicant to develop at his
cost a landscaping plan for
approval by Parks, Beaches and
Recreation (PB &R), for the
entire area from the driveway
of the adjacent southerly
property northerly through to
the prolongation of his
northwesterly property line to
Ocean Boulevard. Said
Improvements are to include
complete removal of the
existing low lying shrubbery
and replacement with mature
sod. PB &R is to determine
whether existing Lantana
Volume 41 - Page 445
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CITY OF NEWPORT BEACH
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November 23, 1987
shrubbery is to be retained or Variance
removed and replaced. In any 1142
event, all shrubbery and
fencing on the boundry between
the public and applicant's
property shall not exceed
three feet in height.
Preservation of view is to be
the overriding consideration.
All improvements cited herein
are to be provided and
maintained at applicant's
cost;
"3. Applicant, opponents to the
variance, and PB &R are to
determine if the existing palm
tree and the other tree
adjacent to the applicant's
driveway are to be removed and
the future location of the
palm tree. In event the
parties cannot agree within
two weeks of start of
negotiation, final
determination will be made by
the PB &R Tree Committee;
"4. Existing fencing along both
sides of the property driveway
through the public
right -of -way is to be replaced
with decorative fencing of a
type and height which provides
safety as well as minimizing
view obstruction;
"5. ?, document is to be prepared
and recorded with the deed for
the property that the
applicant, his heirs and
assigns will not install,
build or plant anything on his
property which will protrude
above the current ground level
of the boundry line between
public and his property;
"6. Within 14 working days of
receipt of Coastal Commission
approval of the project,
applicant is to permanently
:remove all existing vegetation
on his property which exceeds
the ground level of the
boundry line between public
and his property;
117. :During the construction phase
no trash bins or lumber
packages that will view
Volume 41 - Page 446
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
November 23, 1987
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Variance
1142
obstruct are to be placed at
any time on applicants or
public property;
"8. Landscaping cited herein is to
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be completed and accepted by
the City within 60 days of
receipt of Coastal Commission
approval of the project."
Discussion ensued, wherein the City
Attorney advised that landscaping was an
issue he felt could be controlled by way
of an encroachment permit, and would
come back to the City Council for final
approval.
Eric Welton, Appellant, stated he was
unaware of the mitigation measures
presented by Council Member Sansone, but
that he would be willing to submit his
landscape plans for further scrutiny by
the Parks, Beaches and Recreation
Commission.
In view of the foregoing proposed
mitigation measures, a Condition of
Approval No. 20 was added to read as
follows:
"20. The applicant shall submit to
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the Parks, Beaches &
Recreation Commission and
Public Works Department, a
plan for landscaping and
installation of sidewalks.
Said plan shall supersede
Condition No. 6."
In addition, Conditions of Approval No.
21 and 22 were added to read:
"21. That prior to the issuance of
Building Permits, a copy of
these conditions, approved as
to form by the City Attorney,
shall be delivered to the
County Recorder for
recordation and a receipt
indicating such delivery shall
be submitted to the Planning
Director;
"22. The trash bin shall be of
reduced height and, shall not
be located on the travelled
way of Ocean Boulevard.
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The motion was voted on and carried.
Volume 41 - Page 447
Variance
1142
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November 23, 1987
Mayor Cox opened the public hearing
regarding request for Certificate of
Public Convenience and Necessity by
ASSOCIATED TRANSPORTATION SERVICE, 19531
S. Airport Way, Santa Ana, to operate a
public transportation service, pursuant
to the Newport Beach Municipal Code
Section 5.12.020 and 5.12.040.
Report from the Business License
Supervisor, was presented.
The City Manager summarized the subject
report, noting that the applicants,
Michael Perzo and Joseph Dilullo, doing
business as Associated Transportation
Service (ATS), began taxicab operations
in Newport Beach in August of 1985.
After presenting a charter party carrier
authority from the Public Utilities
Commission (PUC), ATS received a
business license to operate taxicabs
without first receiving a Certificate of
Public Convenience and Necessity from
the City Council. In October 1985, the
City's Business License office began
efforts to have ATS comply with
Municipal Code requirements and apply
for the subject Certificate. After
notification from the PUC in February,
1986, that the charter party carrier
authority for ATS had been suspended,
the business license was cancelled and
ATS was advised to cease operations in
the City. The Police Department began
enforcement: of Municipal Code violations
relating to taxicabs, and have cited
and /or stopped ATS drivers operating in
the City on at least a dozen occasions.
It was further noted that ATS made
application with the City for a
Certificate: of Public Convenience and
Necessity to operate as a public
transportation vehicle in March of 1987.
ATS did not: wish to be considered as a
taxicab operation, and indicated during
the public hearing on June 27, that they
would not comply with Municipal Code
requirements relating to taxicab
equipment operations. The City Council
denied the application for a Certificate
of Public Convenience and Necessity
based on the findings designated in
Exhibit "A;," attached to the staff
report.
In conclusion, it was recommended by
staff that the subject request be denied
for the reasons as enumerated in the
staff report.
Volume 41 - Page 448
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November 23, 1987
J. Terence Lyons, Attorney representing
ATS, 1801 Century Park East, Los
Angeles, addressed the Council and
reviewed their application for a public
transportation vehicle, which was denied
by the City Council on July 27, 1987.
He stated that since that time the PUC
has stated some of ATS's operations are
charter operations to be regulated by
the State, and some of ATS's operations
are taxicab operations to be regulated
by the City. He stated that the
decision of the PUC is not yet final,
and they have petitioned for a rehearing
which is now pending. He stated that
they have equipped three of their
vehicles with top - lights and taximeters
which were inspected and approved by the
City's Police Department. He stated
there is a definite need for additional
taxicabs in the City, and therefore,
would urge the City Council to grant
their request.
Kenneth Wayman, Attorney representing
Orange Coast Yellow Cab Company, 2845
Mesa Verde Drive, Costa Mesa, addressed
the Council and recommended the subject
request be denied. He noted that in
July of this year, ATS refused to comply
with the City's regulations, and for
over two years have violated municipal
code requirements; whereas the other
three taxicab companies who serve the
City have complied with all laws
governing taxicabs. He stated that last
month, the PUC found ATS guilty of
illegal operations and revoked their PUC
permit for the reasons as set forth in
the staff report, on pages 20 thru 26.
Thomas Philbin, President and General
Manager of Coast Yellow Cab, 17300 Mt.
Herrmann, Fountain Valley, addressed the
Council and stated that Coast Yellow Cab
Company has been providing service to
the City for over 30 years, 7 days a
week, 365 days a year. He stated that
they accept all types of calls, whereas
ATS basically accepts only the "cream of
the crop" requests. He discussed ATS's
recent revocation of permit by the PUC,
and urged the Council to deny the
request under consideration.
Richard Bogen, General Manager of West
Coast Cab, addressed the Council in
opposition to the request. He stated
that ATS has been operating illegally
for over two years, and if a permit were
granted at this time, it would be
considered a "reward" in his opinion.
Volume 41 - Page 449
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November 23, 19137
Brian Nelson, Bell Captain at Hotel Le
Meridien, addressed the Council and
spoke in support of ATS's request. He
stated that more taxicabs are needed in
the City, and that on any given day,
patrons can wait for as long as 30
minutes for a taxicab. He stated that
ATS provides good service, and that
their drivers are courteous and prompt.
He also stated that many of their calls
to ATS are for no more than three miles
and that they do accept local calls. He
stated that ATS's service is needed and
urged the Council to grant the request.
Mr. Lyons addressed the Council again,
and discussed the need for additional
taxicabs in the City, answered questions
posed by Council Member Turner, and in
conclusion;, asked the Council to look
favorably upon their application.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to deny the subject
application.
Following comments by the City Attorney,
motion was made to reconsider the
foregoing item.
The City Council denies the application
submitted by ATS pursuant to Chapter
5.12 of the Newport Beach Municipal
Code, and the City Attorney recommended
that the following findings be included
as part of the motion to deny said
request:
"1. In March, 1987, ATS submitted
an application for a
certificate of public
convenience pursuant to the
provisions of Chapter 5.12 of
the Newport Beach Municipal
Code;
"2. The provisions of Chapter 5.12
of the Newport Beach Municipal
Code require the issuance of a
certificate of convenience as
a condition precedent to the
Provision of taxicab service
within Newport Beach;
Volume 41 - Page 450
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November 23, 1987
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"3. Chapter 5.12 of the Newport
Beach Municipal Code, when
read in conjunction with
provisions of the Public
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Utilities Code, empowers the
City to regulate only taxi
service and not charter party
carriers or similar
operations;
"4. The City Council, on June 27,
1987, determined that ATS was
operating, and had applied to
operate, taxicabs within the
City of Newport Beach, and a
copy of those findings is
attached as Exhibit "A" in the
staff report of the same date;
"5. The City Council, in June,
1987, determined that ATS has
been operating as a taxi
service in violation of the
provisions of Chapter 5.12 of
the Newport Beach Municipal
Code in that it had provided
taxi service without first
obtaining appropriate permits;
"6. The proposed decision of
Administrative Law Judge
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Wright in a matter before the
Public Utilities Commission of
the State of California (Case
86 -09 -052) has illegally
operated a taxi service under
charter party carrier
authority issued by the Public
Utilities Commission and
without authority from local
jurisdictions such as Newport
Beach;
"7. Administrative Law Judge
Wright, in his proposed
decision, also found that ATS
consistently failed to provide
information requested by PUC
staff, failed to maintain
evidence of liability
insurance as required by
Provisions of the PUC, failed
to maintain charter party
carrier records as required by
General Orders of the Public
Utilities Commission, and
significantly under - reported
income to the Public Utilities
Commission;
Volume 41 - Page 451
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November 23, 1987
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"8. There is presently a
sufficient number of vehicles
of the type described in the
application'operating in the
City to fully serve the
public; and
"9. The best interests of the
public do not demand, and the
necessity does not require,
the issuance of the permit."
Council Member Turner, maker of the
motion, indicated his acceptance of the
findings, and there were no objections
from the Council.
E. PUBLIC COMMENTS:
Sid Sofer, 900 Arbor Street, Costa Mesa, Council
addressed the Council and requested that Agenda
copies of each staff report, (in Packets
addition to the two complete packets
provided for the public) be placed on
the table in the Council Chambers lobby
for the public to take for their own
use.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on December 14, 1987:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 87 -165 reciting the Election/
fact of the Special Municipal Special'87
Election (Measure N) held on Measure "N"
November 3, 1987, declaring the Res 87 -165
results and such other matters as (39)
provided by law. (Report from City
Manager)
(b) Resolution No. 87 -166 directing
Bike Trl/
closure of the connection of the
PCH /Seashr
Pacific Coast Highway Bike Trail to
Res 87 -166
the west end of Seashore Drive.
(74)
(c) Resolution No. 87 -167 authorizing
Employee
the City to enter into an Agreement
Bnft Prgrms
for the Joint Exercise of Powers
Res 87 -167
with other Public Agencies and
C -2678
Creating the Joint Powers Employee
(38)
Benefit Authority to establish,
manage, operate, and maintain
Volume 41 - Page 452
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CITY OF NEWPORT BEACH
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November, 23, 1987
Employee Benefit Programs, as
provided in said Agreement.
(Report from Personnel Director)
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
3. CONTRACTS/AGREEMENTS:
None.
4. COMMUNICATIONS - For referral as
indicated:
MINUTES
(a) To Planning Department for response Planning
and inclusion in the records, (68)
letter from Eileen L. Rapp,
property owner in McFadden Square
area.
(b) To Parks, Beaches and Recreation PB &R
Department for response, letter from (62)
Brooke B. Bentley concerning
recommendation by the Parks,
Beaches and Recreation Commission
for the billboard (Little League
scoreboard) which is currently in
position at Buffalo Hills Park.
(c) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) William C. Beisang alleging damages Beisang
to his vehicle as a result of
traffic accident with City vehicle
on Pacific Coast Highway east of
Bayshore Drive on November 3, 1987.
(b) Audrey F. Bloomer alleging property Bloomer
damage as a result of City truck
backing up and over the top of her
1982 Subaru GL at Muir Beach
Circle, Corona del Mar, on October
29, 1987.
(c) Mark Rodney Dowty alleging his Dowty
vehicle towed in error on several
occasions for same offense during
August, 1987; seeking release of
vehicle towed by G & W.
Volume 41 - Page 453
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(d) Elizabeth J. Fertig alleging raised Fertig
bumps in bike path /sidewalk outside
1406 and 1408 W. Ocean Front caused
her to fall from bicycle, thereby
causing personal injuries, etc., on
August 21, 1987.
(e) Shirley Firestein alleging sewer
system backed up causing damages
and repairs on September 19, 1987
at 621. Via Lido Soud.
(f) Jacqueline H. Furman alleging her
vehicle towed to G & W Towing
Storage Yard on October 17, 1987
because of expired registration,
seeking reimbursement of purchase
price of said vehicle, plus
repairs, etc., after vehicle not.
found in storage yard due to
break--in.
Firestein
Furman
(g) Bruce Alan McCorkle alleging McCorkle
personal injury and property damage
as a result of collision with
Orange County Striping on MacArthur
Boulevard north of San Miguel
Drive., on August 7, 1987.
(h) Newport Nissan /James L. Evans,
alleging property damage to the
right front portion of the
undercarriage of his vehicle at the
intersection and curb of'215
Riverside Drive at Avon Street in
route to the Stuft Noodle on August
12, 1987.
(i) Newport Produce - Flowers by Debra,
2825 Newport Boulevard, alleging
property damage as a result of City
truck speeding through private
parking lot, sending rock through
shop window, shattering the glass
on November 5, 1987.
(j) Dorothy B. Service alleging break
in sidewalk at 630 Cameo Highlands
caused her to fall, causing
injuries to knee on August 27,
1987.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Patricia Hritz and Ron Hritz,
Orange County Superior Court, Case
53 60 35 for personal injuries.
Claim was denied by the City
Council on July 13, 1987.
Volume 41 - Page 454
Npt Nissan/
Evans
Npt Prdc-
Flwrs Dbra
Service
(36)
Hritz
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
November 23, 1987
D
9
MINUTES
REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Secretary, Police Department.
(b) One Sergeant, Police Department.
STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the Planning Department
regarding EARTHQUAKE ACTIVATED
AUTOMATIC GAS SHUT -OFF VALVES.
(b) Report from the City Attorney
regarding O'DONNELL & GORDON
(C -2331) ESTIMATE STATEMENT for
LEGAL SERVICES FROM 11/1/87 THRU
12/31/87.
(c) Report from the City Manager
regarding COUNCIL POLICY H -4, DORY
FISHERMENS' FLEET.
(d) Report from Parks, Beaches and
Recreation Director, with
recommendations for WEST NEWPORT
PARK EXTENSION.
For Council information and filing:
(e) Status report from Parks, Beaches
and Recreation Director regarding
location of BASEBALL SCOREBOARD AT
BUFFALO HILLS PARK.
(f) Report from the Planning Department
to City Manager regarding PLANNING
COMMISSION MEETING OF NOVEMBER 5,
1987; and a COPY OF THE PLANNING
COMMISSION AGENDA FOR ITS REGULAR
MEETING OF NOVEMBER 19, 1987.
10. PUBLIC HEARING SCHEDULING:
None.
11. HUMAN SERVICES ORGANIZATION ASSISTANCE -
Uphold staff's recommendation for
approval of request for grant of $10,000
to the Newport -Costa Mesa YMCA, who
provide services to the needy and
disadvantage within the City at no cost.
or at reduced costs. (Report from
Executive Assistant to the City Manager)
Volume 41 - Page 455
(66)
(68)
D'Donnell/
Gordon
C -2331
(38)
Cncl Plcy
(69)
WNpt Prk
Extnsn
(62)
B &R
(62)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
November 23, 1987
12. SPECIAL EVENTS APPLICATIONS - Uphold
staff's recommendation for approval,
subject to conditions listed in the
staff report, for the following:
(Report from Business License
Supervisor)
MINUTES
Permits/
Spcl Evnts
(65)
(a) Application No. 87 -435 - 1187 -435
Temporary decoration across
road for Lido Marina Village
at Via Oporto on November 24,
1987 thru January 5, 1988; and
(b) Application No. 87 -436 - Use
of public beach for surfing
competition by Christian
Boardriders at 2300 West
Oceanfront on December 12 and
13, 1987 (Saturday and
Sunday).
13. HARBOR PERMIT APPLICATIONS - Uphold
staff's recommendation for approval,
subject to conditions listed in the
staff report, for the following:
(Report from the Marine Department)
(a) Harbor Permit Application No.
112 -400 by Phil Tozer to
revise the commercial docks
bayward of 400 Main Street in
Balboa; and
#87 -436
Harbor Perm
Apli
(51)
112 -400
(b) Harbor Permit Application No. 1259 -140
259 -140 for Arthur Vitarelli
to revise the residential pier
and float bayward of 140 South
Bay Front.
14. BALBOA BOULEVARD WIDENING FROM 32ND TO
44TH STREETS (C -2568) - Accept the work;
and authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after the Notice of
Completion has been recorded in
accordance with the applicable portions
of the Civil Code. (Report from Public
Works Department)
15. SEWER MAIN AND ALLEY REPLACEMENT
PROGRAM, 1986 -87 (C -2588) - Accept the
work; and authorize the City Clerk to
file a Notice of Completion and release
the bonds 35 days after the Notice of
Completion has been recorded in
accordance with applicable portions of
the Civil Code. (Report from Public
Works Department)
Volume 41 - Page 456
B1 Wdng
Mn /Aly
m Prg
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16. 745 DOVER DRIVE IMPROVEMENTS (USE PERMIT U/P 3225/
NO. 3225 FOR CENTURY HEALTHCARE OF Imprvms
CALIFORNIA, INC.,) - Accept public (88)
improvements for a portion of lot 148,
Tract No. 1.218, on the westerly side of
Dover Drive:, southerly of 16th Street
adjacent to Cliff Haven; and authorize
the City Clerk to release the Faithful
Performance: and Labor and Material Bonds
(No. NAA032'.436) in six months provided
no claims have been filed. (Report from
Public Works Department)
17. RESUBDIVISION NO. 843 - Accept the offer Resub 843
of dedication of a ten -foot radius (84)
corner cutoff at the corner of Goldenrod
and First Avenue. (Report from Public
Works Department)
18. FINLEY TRACT STREET RECONSTRUCTION
(C -2462) - Uphold staff's recommendation
to authorize paving of the Finley Tract
street ends at City expense, provided
the property owners pay for landscaping
at the end nearest the bulkhead and for
the parkway improvements. (Report from
Public Works Department)
19. Removed from the Consent Calendar.
20. BUDGET AMENDMENTS - For approval:
BA -037, $14,000 - Increase in Budget
Appropriations for donations by The
Irvine Company for reconstruction of
University Drive; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Executive Assistant to the
City Manager regarding proposed
resolution requesting LAFCO to include
an extension of the Newport Downcoast in
the City's Sphere of Influence (SOI) and
to amend no other portion of the SOI,
was presented.
Mayor Pro Tem Hart stated that she was
supportive of the proposed resolution,
and therefore, moved to adopt Resolution
No. 87 -168; and authorize the Mayor to
sign and transmit a report to LAFCO
setting forth justification for the
request. However, she would like the
City Council to consider, sometime in
the near future, the extension of the
City's Sphere to include John Wayne
Airport. Her reasons for suggesting the
City Council consider this extension are
similar to those which support the
request for reaffirmation of the City's
influence over Santa Ana Heights:
Volume 41 - Page 457
Finley Tr
St Rcnstr
C -2462
(38)
(25)
LAFCO/DnCst
(21)
Res 87 -168
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
November 23, 1987
*The new JWA terminal will be LAFCO /DnCst
serviced by streets in, or
adjacent to Newport Beach. The
City currently provides police and
fire protection to the area just
east of the airport. City
services and facilities can be
easily extended to include John
Wayne Airport;
*The John Wayne Airport Settlement
Agreement insures completion of
the new terminal, and limited
increases in the number of flights
and passengers served; and
°In summary, the extension of the
City's Sphere to include John
Wayne Airport makes sense from a
planning and public service
prospective.
Mayor Cox stated that he would like to
add a comment relative to the Downcoast
area. He stated that as the
representative of Councilmanic District
7, Spyglass Hill /Harbor View area, the
residents had concerns of what is going
to happen to the area between the land
designated in green on the exhibit, and
the San Joaquin Hills Transportation
Corridor, as some of the boundaries are
In the City of Irvine, and in Irvine's
Sphere of Influence. He stated he felt
the City Council should go on record
before LAFCO that the City has an
interest in readjusting the boundary
line so that it follows the new
MacArthur Boulevard and San Joaquin
Hills Transportation Corridor alignments
in order to better serve the adjacent
residents.
Mayor Cox stated it was his intention
that reference to his comments be
included when this item is considered by
LAFCO.
The motion was voted on and carried.
2. Report from the Offstreet Parking
Committee, and proposed resolution
establishing an Overnight Parking Permit
System for the use of parking spaces in
the Balboa Municipal Parking Lot, and
rescinding Resolution No. 86 -32, were
presented.
Volume 41 - Page 458
Pkg Prmt
Sys /Mtr Zn
O'Nit Pkg
Bal Pkg Lt
(63)
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
November 23, 1987
MINUTES
Report from the Offstreet Parking
Committee, and memorandum from John
Snelgrove concerning blue meter parking
permits, and proposed resolution
reestablishing a Parking Permit System
for use in certain City parking lots and
off — street parking meter zones, and
rescinding :Resolution No. 87 -149, were
presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from the Newport Heights
Community Association, opposing the
proposed increase in fees for blue
meters.
Council Member Plummer, Chairman of the
Offstreet Parking Committee, summarized
the two proposals, noting that the
Committee has reviewed the parking
permit programs and recommend increasing
the fee for the overnight permit in the
Balboa Municipal Parking Lot from $120
to $135 per year. This will result in a
fee that is $5 per month higher than the
Annual Parking Permit. The Committee
also recommends that the Annual Parking
Permit be increased from $30 to $75 per
year. The :fifty percent (50X) discount
for persons 65 years of age or older
will be continued. This permit is valid
at approximately 900 meters on blue
posts, as well as the Corona del Mar
Beach and Balboa Municipal Parking Lots.
Discussion ensued, wherein some Council
Members indicated they felt the increase
from $30 to $75 for the annual parking
permit was too drastic and that $50 per
year would be more reasonable. It was
also felt that the $120 fee for the
Balboa Municipal Parking Lot should
remain the same.
Council Member Turner, Member of the
Offstreet Parking Committee, reviewed
the parking fees in neighboring cities.
John Snelgrove, 408 San Bernardino
Avenue, addressed the Council and
recommended that the Annual Parking
Permit fee remain at $30 for residents
for 1988, and that the Offstreet Parking
Committee review the request for permit
application, as he does not feel it is
adequate or sufficient. He referenced
the letter from Newport Heights
Community Association, opposing the
proposed increase in fees for blue
meters. He also discussed parking fees
in adjacent cities.
Volume 41 - Page 459
Pkg Prm Sys
Mtr Zns/
Bal Pkg Lt
O'Nit Pkg
•
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
C'O� \�'G9tn� November 23, 1987
on
Motion
All Ayes
Motion
All Ayes
•
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X
x
x
x
x
x
x
X
x
Sid Sofer, 900 Arbor Street, Costa Mesa, Pkg Prm Sys
addressed the Council and stated that he Mtr Zns/
was appearing on behalf of Bill Blurock Bal Pkg Lt
and it was his request that this issue O'Nit Pkg
be continued to December 14, inasmuch as
he could not be in attendance. Mr.
Sofer stated he also concurred in the
request for continuance.
Cathy Rosenberger, resident of Harbor
View, addressed the Council and spoke in
opposition to increasing the parking fee
from $30 to $75. She stated she used
her permit approximately five times last
year, and felt the City would lose money
if.they approved the proposed increase.
She stated she would also favor
different fees for residents and
nonresidents.
Carl Ackerman, 110 22nd Street,
addressed the Council and complimented
the Offstreet Parking Committee on their
study of parking permit programs. He
recommended that the Annual Parking
Permit fee of $30 remain the same so
that the residential areas are not
impacted by persons who do not wish to
purchase a permit.
Following discussion, motion was made to
adopt Resolution No. 87 -169 Res 87 -169
reestablishing a Parking Permit System
($50 annual fee) for use in certain City
parking lots and off - street parking
meter zones, and rescinding Resolution
No. 87 -149.
Motion was made to leave the overnight
parking permit fee at the current rate
of $120.
3. Report from the Planning Department lord 87 -47
regarding proposed ordinance to amend Temp RE Sgns
the regulation of temporary real estate PCA 655
signs, was presented. 1(94)
Motion was made to revise paragraph two,
page four of the proposed ordinance,
changing the size of sign to twenty (20)
square feet in area, rather than twelve
(12) square feet, and to introduce and
schedule for public hearing on December
14, 1987, ORDINANCE NO. 87 -47, being,
Volume 41 - Page 460
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
I\X�j`
tn� November 23, 1987
•
Motion
All Ayes
•
•
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
SECTION 20.06.080 TO THE NEWPORT
BEACH MUNICIPAL CODE REGARDING
TEMPORARY REAL ESTATE SIGNS AND
AMENDING SECTION 20.06.030 OF THE
NEWPORT BEACH MUNICIPAL CODE
[PLANNING COMMISSION AMENDMENT NO.
655).
4. Report from Public Works and Parks,
Beaches and Recreation Departments
regarding Donald Zellner's application
for encroachment, was presented.
Following clarification of the request
as explained by the Public Works
Director, motion was made to uphold
staff's recommendation to approve Donald
Zellner's request to construct driveway
approach /pedestrian walkway on Ocean
Boulevard, subject to execution of an
agreement for nonstandard improvements;
an encroachment permit from the Public
Works Department; and building permit
from the Building Department, for
driveway approach and a pedestrian
walkway at grade in Ocean Boulevard to
permit a building to encroach 18 inches
into a sewer easement that is parallel
to Ocean Boulevard and to construct a
retaining wall and stairs in an
unoccupied storm drain easement centered
on the property line between Lots.12 and
13, Tract 1257.
Permit /Zell-
ner Encrchm
(65)
Statement from Nann Von Oppenheim and PW /L
petition entitled, "Please help save Aven
these grand old Eucalyptus Trees located (74)
at West Edgewater (on Balboa Peninsula),
Newport Beach," with approximately 197
signatures, were presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from Richard P. Ettinger, 350
Buena Vista Avenue, recommending the
recent street improvements at Edgewater
and Lindo Avenue be undisturbed.
Nann Van Oppenheim, 507 W. Edgewater,
addressed the Council and requested this
item be placed on the December 14 City
Council agenda for discussion.
The Public Works Director advised that
pursuant to Council action taken on
November 9, staff was directed to
restore Lindo Avenue at Edgewater Walk,
essentially to its previous
configuration, including the
Volume 41 - Page 461
COUNCIL MEMBERS
•
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All Ayes
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CITY OF NEWPORT BEACH
MINUTES
November 23, 1987
reconstruction of the curb and sidewalk,
and the replacement of two parking
spaces which were lost in the
improvement. He stated that staff is in
the process of preparing plans and
exploring all avenues to determine if a
plan can be developed that would save
the two eucalyptus trees, and if a plan
cannot be developed consistent with City
Council directive of November 9, 1987,
then it will be necessary to bring it
back to the Council at a future meeting.
Sid Sofer, 900 Arbor Street, Costa Mesa,
addressed the Council and asked as a
point of clarification, if the residents
concerned with the tree issue wanted to
bring the matter back before the Council
officially, does the City provide a
method for rehearing?
The City Attorney advised that typically
the City Council operates under Roberts
Rules of Order, which provides that the
Council can reconsider the matter at the
meeting at which action is taken.
However, Roberts Rules of Order also
states that if the Council has by
practice, allowed for reconsideration at
subsequent meetings then the Council can
reconsider at subsequent meetings. He
stated that on occasions, the Council
has reconsidered items at the next, or
even two meetings after the meeting in
which the action was initially taken.
He also advised that the Council is the
only body who can initiate
reconsideration, but the request can
come from a citizen.
In view of the foregoing, motion was
made to refer the documents submitted by
Nano Von Oppenheim to the Public Works
Department for inclusion in the records.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
None.
Volume 41 - Page 462
PW /Lindo
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
��f �q�'t���9PF� November 23, 1987
Meeting adjourned at 11:40 p.m.
The agenda for this meeting was posted
on November 19, 1987 at 8:30 a.m., on
the City Hall Bulletin Board located
outside of the City of Newport Beach
Administration Building.
ATTEST:
Volume 41 — Page 463
MINUTES