HomeMy WebLinkAbout08/27/1984 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
p �{+ REGULAR COUNCIL MEETING
\CA:��G �9 PLACE: Council Chambers
� 9G TIME: 7:30 P.M.
ROLL 9 %� �y �t DATE: August 27, 1984
MINUTES
11,1410n VA
Present
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A. ROLL CALL.
Absent
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�on
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B. The reading of the Minutes of the
A17. Ayes
Meeting of August 13, 1984 was waived,
approved as written, and ordered filed.
Motion
x
C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Hart opened the continued public
U/P 3071
Hearing and City Council review of USE
(88)
PERMIT NO. 3071, a request of the
NEWPORT BEACH TENNIS CLUB, to amend a
previously- approved use permit which
permitted the expansion of the
operational characteristics of the
existing Newport Beach Tennis Club. The
proposal consists of the deletion of
certain Conditions of Approval approved
by the Planning Commission at its
meeting of February 9, 1984. Property
located at 2601 Eastbluff Drive, in the
Bluffs, zoned R- 4 -B -2, PRD and C -N -H.
Reports from the Planning Department,
dated August 13, and August 27, 1984,
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were presented.
The City Manager summarized the staff
report, noting that the Planning
Department's inspection of the required
fence installation on August 20, '1984,
revealed that the fence was installed by
the Tennis Club staff and its appearance
is quite unprofessional. Some of the
posts are not aligned, or solidly
secured to the ground, and the chain
link has been secured to the posts with
bailing wire. The inspection further
revealed that no ground cover has been
installed in front of the fence, as
illustrated on the approved plan, and
the vertical portions of the irrigation
system, in some cases, were being used
to support the fence.
During course of discussion, it was also
pointed out that a Special Events Permit
must be obtained from the City for
larger tournaments authorized by the Use
Permit; that Club tournaments will'be
limited to eight in .number (35 days
total); and that the Use Permit does not
allow any temporary seating with the
exception of the Adoption Guild
Volume 38 - Page 262
CITY OF NEWPORT . BEACH
COUNCIL MEMBERS
\CA:ROLL p ss August 27, 1984
MINUTES
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Tournament, which will have a limited
U/P 3071
seating of 200. The Use Permit also
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limits the types of tournaments.
Gil Edelman, Vice President of North
Bluff Villas Homeowners Association,
addressed the Council and stated that
they believe they need some isolation
from the club. He stated that during
two of the major events, which consisted
of four weekends and eight days total,
serious parking problems were created in
the area, and that the streets were
littered with beer cans and garbage. He
also stated that their Association has
been paying for a portion of the Club's
watering system for approximately 10
years to maintain landscaping on the
property. With respect to the new
fence, he felt that appropriate vines
could be added as a screening to enhance
the appearance, and that the pathway
through the fence should be sealed off
during the eight problem days of
tournament play. He stated that they
would continue to pay to maintain the
buffer area, but would like to be
reimbursed by the Tennis Club for the
cost of the water.
Michael Clayton, Vice President /General
Manager, Newport Beach Tennis Club,
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addressed the Council and stated that he
just returned from vacation and had not
had an opportunity to view the newly
installed chain link fence. He stated
that, if the fence does not meet with
the City's satisfaction, he will see to
it that it is properly installed. They
will also install concrete parking
blocks so that vehicles do not hit the
fence, as well as a gate, which will be
kept closed during the Adoption Guild
Tournament.
With respect to parking during the
Adoption Guild Tournament, Mr. Clayton
stated that the Police Department did
monitor the situation and found no
problems.
Regarding the fence, installation of
concrete vehicle parking blocks, and a
gate, Mr. Clayton indicated he felt he
could complete the work within 60 days
from this date.
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Volume 38 - Page 263
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
p pt`,p J°ip August 27, 1984
ROLL CAL
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The City Attorney made reference to the
U/P 3071
Conditions of Approval, noting that
there is an existing condition regarding
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the barrier between the club parking lot
and Laver Way, which could be amended to
reflect that installation of landscaping
and construction of the barrier shall be
approved by the Building or Planning
Director.
In addition, the City Attorney
recommended that Condition No. 23 be
amended to read that all perimeter
landscaping shall be regularly watered,
maintained and kept free from weeds and
debris. And further, that a condition
be added which requires vehicle stops
shall be installed, subject to the
direction of the Traffic Engineer, where '
appropriate to protect the fence.
Mr. Clayton indicated that he agreed
with the foregoing changes in the
Conditions of Approval.
Don Porter, 2345 Aralia Street, member
of the Newport Beach Tennis Club and
Eastbluff Community Homeowners
Association, addressed the Council and
stated that since last October, the club
has met with seven homeowner groups in
an attempt to resolve items of concern
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to residents.
Leonard Czarnowski, President, North
Bluff Villas Community Association,
addressed the Council and stated that
the chain link fence was not installed
at their request, but that it was
offered on the part of the Tennis Club.
He stated that the fence was to be green
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covered with plastic. He also did not
feel the fence should be removed, but
properly installed. With regard to
parking during the Adoption Guild
Tournament, he stated that their
Association hired guards to monitor the
parking and that many vehicles were
for being illegally parked. He
.removed
also explained that he did not feel
their water system should be changed
because of the difficulty.
Hearing no others wishing to address the
Council the public hearing was closed.
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Volume 38 - Page 264
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL \CAL
Motion
All Ayes
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MINUTES
August 27, 1984
INDEX
)Tr 12208
3101
Perm#6
Mayor Hart submitted, for the record,
notes of concern from the North Bluff
Villas Community Association Board of
Directors, which had been discussed with
her and Council Member Heather this
morning.
x
Following discussion, motion was made to
modify the recommendation of the
Planning Commission, amending Condition
No. 23 as set forth in the foregoing by
the City Attorney; adding Condition No.
36, which ;requires that the chain link
fence be installed to the satisfaction
of the City; wheel stops be installed to
protect said fence; and a gate be
installed at the entrance, which will be
locked during the eight tournaments. In
addition, Newport Beach Tennis Club to
work out agreement with North Bluff
Villas Homeowners Association regarding
the maintenance of landscaping in the
buffer area. Said improvements and
agreement to be completed within 60 days
from the date of this meeting.
2. Mayor Hart opened the public hearing and
City Council review of:
Tentative Map of Tract No. 12208 -
TMa
Request of WALE DEVELOPMENT CORPORATION,
Irvine, to subdivide six existing lots
into a single lot for residential
condominium purposes on property located
in the R -4 District, and the approval of
an Environmental Document;
AND
Use Permit No. 3101 - Request of WALE
U/P
DEVELOPMENT CORPORATION, Irvine, to
(88
permit the construction of a nine unit
residential condominium development and
related garages on property located in
the R -4 District, at 303 Cypress Street
on the Balboa Peninsula. The proposal
also includes a modification to the
Zoning Code so as to allow a 7'7"
building encroachment into the required
11' 7" northerly side yard setback area;
AND
Residential Coastal Development Permit
RCD
No. 6 - Request of WALE DEVELOPMENT
CORPORATION, Irvine, to consider a
residential. coastal development permit
for the purpose of establishing project
compliance for a nine unit residential
Volume 38 - Page 265
)Tr 12208
3101
Perm#6
L MEMBERS
CITY OF NEWPORT BEACH
August 27, 1984
MINUTES
3101/
r 12208/
Perm#6
condominium development pursuant to the
Administrative Guidelines for the
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implementation of the State Law relative
to Low -and Moderate - Income Housing
within the Coastal Zone.
Report from the Planning Department, was
presented.
Ed Wale of the Wale Development
Corporation, applicant, 17752 Mitchell
Street, Irvine, addressed the Council
and stated that he had read the staff
report and had some concerns relative to
wood- burning fireplaces, and the
feasibility study regarding affordable
housing. He also stated that many
residents in the subject area feel his
project is too dense, but.they do not
realize that he could, pursuant to the
Zoning Code, build more units than what
he is requesting.
With respect to the proposed fireplaces,
Mr. Wale stated that it is not his
intent to eliminate wood - burning
fireplaces from his project even though
it has been suggested by the Planning
Commission, as noted on page 7 of the
staff report.
Pertaining to the affordable housing
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issue, Mr. Wale stated that he is not
being given any special aid for the one
affordable unit he is providing in this
project, and that he is providing it
"under protest." He also feels that he,
as well as other small builders in the
City, are being discriminated against
with respect to affordable housing. He
urged approval of the project as
requested.
The Planning Director responded to Mr.
Wale's remarks regarding the proposed
fireplaces and the feasibility report by
the Newport Economic Group. He also
answered questions of the Council
regarding the Mello Bill and affordable
housing.
Bob Shrimmer, 407 East Edgewater,
addressed the Council and stated he felt
the proposed density was too great due
to the safety problems which exist on
the Peninsula. He stated he would
rather see duplexes than what is being
requested. He also expressed his
concerns relative to curb openings on
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Cypress Street.
Volume 38 - Page 266
3101/
r 12208/
Perm#6
Motion
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MEMBERS
CITY OF NEWPORT BEACH
Ayes x x x x
Abstain x x
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MINUTES
August 27, 1984
Mr. Wale addressed the Council again,
and discussed his concerns with regard
to the feasibility analysis done by The
Newport Beach Economics Group. He also
suggested that the City research its
method in determining the affordability
of a,project.
Andy Peralez, 310 Fernando Street,
Newport Bay Towers, addressed the
Council and stated that the proposed
project is too close to their
development, and if wood - burning
fireplaces are allowed, the smoke would
interfere with the enjoyment of their
property. He stated that their
association had met with Mr. Wale, who
agreed to install glass screens and gas
log fireplaces. Mr. Wale also agreed to
allow their group to control the
landscaping on the northern boundary of
the project. The Newport Bay Towers are
located immediately north of the
project.
Hearing no others wishing to address the
Council, the public hearing was closed.
Following consideration, motion was made
to sustain the recommendation of the
Planning Commission, and approve the
public curb cuts at Cypress Street, with
the added condition that the garage
doors be the type that open straight up,
rather than into the alley way.
Council Member Plummer stated that she
was not going to oppose, or support this
project because of the Mello Bill
requirements regarding affordable
housing, and therefore, will abstain
from voting.
Mayor Pro Tem Maurer invited Mr. Wale to
contact him regarding Mr. Wale's
concerns pertaining to the North Ford
Project.
In response to inquiry of Mr. Andy .
Peralez of the Newport Bay Towers, it
was noted that the motion did not
include the requirement that applicant
provide only non -wood burning
fireplaces.
The motion was voted on and carried.
E. PUBLIC COMMENTS:
None.
Volume 38 - Page 267
3101/
r 12208/
Perm #6
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
August 27, 1984
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -103 requiring
vehicles travelling on Iris Avenue
to stop at Fifth Avenue and
directing the Traffic Engineer to
install necessary signs therefor.
(Report from Traffic Affairs
Committee)
(b) Removed from the Consent Calendar.
(c) Removed from the Consent Calendar.
(d) Resolution No. 84 -104 authorizing
the issuance of "not to exceed" $65
Million aggregate principal amount
of the City of Newport Beach,
California floating /fixed rate
health facilities revenue bonds
(Hoag Memorial Hospital
Presbyterian Project). (Report
from the City Manager)
3. CONTRACTS /A.GREEMENTS:
(a) Award Contract No. 2454 to D & H
Perry, Inc., for $76,295 for
Installation of Traffic Signals and
Safety Lighting at the Intersection
of Birch and Quail Streets and
Modifications to Various Other
Traffic Signals. (Report from
Traffic Engineer - Public Works
Department)
(b) Award Contract No. 2455 to
Intersection Management Systems,
Inc., for $62,757 for Installation
of Traffic Signals and Safety
Lighting at the Intersection of
Superior Avenue and Ticonderoga/
Nice Lane. (Report from Traffic
Engineer- Public Works
Department)
Volume 38 - Page 268
Trfk Signs/
Stop /Iris &
Fifth Ave
Res 84 -103
(85)
Hoag Mem
Hosptl Prj/
Finance
Res 84 -104
('40)
Trfk Sgnls/
Sfty Lgtg
Birch &Quail
C -2454
(38)
Trfk Sgnls/
Sfty Lgtg
Superior &
Ticdrga /Nice
C -2455
(38)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL �'A Gsd' August 27, 1984
MINUTES
INDEX
(c) Award Contract No. 2431 to Thibodo
Strm Drn/
Construction for $282,470 for
Swr Rplcm
Fernleaf Avenue Storm Drain and
Fernleaf &
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Dahlia Avenue Sewer Replacement;
Dahlia
and authorize the Mayor and City
C -2431
Clerk to execute said.contract
(38)
(Report from Public Works
Department)
(d) Award Contract No. 2453 to Armenco
Andersen
Construction Company for $23,946.53
Schl Rnvtn
regarding Andersen School Athletic
C -2453
Field Renovation; and authorize the
(38)
Mayor and City Clerk to execute
said contract. (Report from Parks,
Beaches and Recreation)
(e) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as
indicated:
(a) To Pending Legislation and
Legislation
Procedural Ethics Committee,
(48)
suggested resolution from Bowers
Museum President, and the Chinese
American Council Chairman in
Recognition and Commendation of the
Chinese Railroad Building Pioneers.
(b) To Business License /Finance
Bus Lic
Department for response, request
(27)
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from Darlene Copple of Signature
Fine Arts, Inc., for waiver of
delinquent Business License fee,
alleging they never received
initial notice.
(c) To Planning Department for
Annexation/
inclusion in the records,
SAna Hghts
signatures of the Board and
(21)
residents of Little Balboa Island
Property Owners Association in
support of Santa Ana Heights
Annexation, as proposed by SPON.
(d) To staff for report back, Corona
Parking
del Mar Chamber of Commerce
(63)
suggested action regarding their
parking meter survey during the
month of June, 1984.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Environmental
Management Agency bulletin,
regarding Old Courthouse
Park /Harbors and Navigation Code
Hearing.
Volume 38 - Page 269
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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\CAtROLL F� p August 27, 1984
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(b) Copy of letter to Orange County
Board of Supervisors from George M.
Crall, commenting on the John Wayne
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Airport Master Plan; Santa Ana
Heights Land Use Compatibility
Program; and EIR No. 508 and
Environmental Impact Statement.
(c) Orange County Local Agency
Formation Commission Minutes of
August 1, 1984.
(d) Orange County Division, League of
California Cities Minutes of April
12, May 10, notice of August 16,
1984 General Meeting with Tentative
Agenda.
(e) Group 'W. Cable, Inc., regarding
application before the Federal
Communications Commission -
Supplementary "Attachment A,
"Supplement to Petition for Special
Relief, Reply, Supplementary
Affidavit, Erratum; and Opposition
to Petition for Special Relief, and
Erratum from K1HS -TV Channel 46.
Note: After the agenda was
printed, Opposition to Petition for
Special Relief from the Los Angeles
Unified School District, licensee
.
of Station KLCS -TV, Channel 58; and
Reply from Group W Cable regarding
Commission's requirements for
carriage of television broadcast
station KIHS, Channel 46, was
presented.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Dale Bixler for property damage to
Bixler
his sprinkler system resulting in
water leakage, alleging that City
work crews removed section of
sidewalk during the week of July
.
30, 1984, at 1221 Pembroke Lane.
(b) William E. Freedman for property
Freedman
damage, alleging his vehicle was
backed into by City Police vehicle
on June 23, 1984, at Island Avenue,
north of Bay Street.
Volume 38 - Page 270
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CITY OF NEWPORT BEACH
MINUTES
August 27, 1984
(c) Grant S. Healey for personal
injuries, alleging that a dangerous
condition existed as a result of
City allowing excess water to run
and accumulate on a public roadway
causing claimant's motor vehicle to
skid and turn over in the vicinity
of Ebbtide Road, approximately 498
feet south of Crown Drive on May
13, 1984.
(d) Ronald Richard Hollis for personal
injuries as a result of being
struck by a moving vehicle,
alleging insufficient lighting on
Balboa Boulevard on July 4, 1984.
(e) Bruce Nolan Jankovics alleging
brutality and emotional distress as
a result of arrest on May 8, 1984..
(f) Kurt Hilton Reinhold for alleged
unfair treatment by City Police at
the City beaches on August 17,
1984.
(g) Alexandra Shaffer for property Shaffer
damage as a result of involvement
in accident with City truck making
a right turn at Acacia and Pacific
Coast Highway on July 20, 1984.
(h) Southern California Edison Company SoCAEdison
for property damage alleging
concrete pull box lid and inner lid
broken by construction crew working
in street at 3849 Campus Drive on
June 29, 1984.
7. SUMMONS AND COMPLAINTS - For denial and 1(36)
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO FILL PERSONNEL VACANCIES: �(66)
(Report from the City Manager)
(a) Approve one Police Clerk I, Police
Department.
(b) Approve one Equipment Operator 1I,
General Services Department.
Volume 38 - Page 271
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
August 27, 1994
9. STAFF AND COMMISSION REPORTS:
For Council information and approval -
(a) Copy of letter from the City urrsnore
Attorney in response to the County Oil /Outr
of Santa Cruz for financial Cntntl Shlf
CONTINENTAL participation in OUTER CONT (87)
SHELF LOCAL GOVERNMENT COORDINATION
PROGRAM.
(b) Report from the Planning Department iring
regarding letters from Perry Cafe
McLelland and John Harrison . (68)
protesting LIVE ENTERTAINMENT AT
THE STUDIO CAFE in Corona del Mar.
(c) Memorandum from Executive Assistant
regarding ARTS COMMISSION OFFICERS
FOR FISCAL YEAR 1984 -85.
10. PUBLIC HEARING SCHEDULING - For
September 10, 1984:
(a) USE PERMIT NO. 3048 (Revocation) -
Report from the Planning Department
regarding a recommendation of the
Planning Commission on August 9, 1984,
to consider the revocation of .USE PERMIT
N0. 3048, which permitted the
establishment of a temporary
handwashing, waxing, and auto detailing
facility in portable structures on
property located at 2166 East Coast
Highway on. the northerly side of East
Coast Highway between Newport Center
Drive and MacArthur Boulevard, in
Newport Village; zoned P -C.
11. BAYFRONT BULKHEAD SEALING, SIDEWALK AND
PAVEMENT GROUTING (C -2448) - Approve the
plans and specifications; and authorize
the City Clerk to advertise for bids to
be opened at 11:00 a.m. on September 13,
1984. (Report from Public Works
Department)
12. HARBOR PERMIT APPLICATION 11172 -831 -..
Allow the float to remain in its current
position subject to the conditions
imposed by the Tidelands Affairs
Committee for application by Jeannette
B. Hennings to preserve a nonconforming
float bayward of 831 Via Lido Soud.
(Report from Tidelands Affairs
Committee)
Volume 38 - Page 272
Arts Cmsn/
'84 -85 Ofcrs
(24)
A 3048(R)
Bayfront
Bulkhd Slg/
Sdwlk Pvmt
Grtg
C -2448
(38)
Harbor Perm
11172 -831
(51)
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CITY OF NEWPORT BEACH
Motion x
Ayes x x x x x
Abstain x
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MINUTES
August 27, 1984
13. HARBOR PERMIT APPLICATION #124 -3400 -
Approve the application subject to the
conditions listed in the staff report
for application by Duncan McIntosh to
temporarily revise a section of the
commercial docks at Lido Village.
(Report from Marine Department)
14. PLANNING COMMISSION - Accept with
regret, resignation of Jerry King from
the Planning Commission, effective
September 1, 1984 (Clerk's office to
post vacancy notice).
15. BUDGET AMENDMENTS - For approval:
BA -019 - $60,000 Increase in Budget
Appropriations for replacement of
totally damaged packer; General
Services - Refuse Fund.
BA -020 - $10,000 Increase in Budget
Appropriations and Revenue Estimates to.
provide for construction of sewer main
through Begonia Park /Contribution from
Gfeller Development Company (Fernleaf
Avenue Storm Drain /Dahlia Avenue Sewer
Replacement C- 2431); Contributions Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Planning Department
recommending the Mayor and City Clerk be
authorized to execute an agreement with
consultant for the preparation of the
CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC
AREA PLAN, was presented.'
In response to questions raised by
Council Member Heather, the Planning
Director stated that the consultant for
this project was selected on the basis
of the proposal which was submitted and
the presentation which was made to the
Planning Department staff, including a
reference check. He stated that there
were seven proposals submitted, and that
this proposal was not the lowest.
Council Member Heather stated that she
will abstain from voting on this item
because of her concerns.
Motion was made to authorize the Mayor
and City Clerk to execute an Agreement
with Consultant for the preparation of .
the CANNERY VILLAGE /MCFADDEN SQUARE
SPECIFIC AREA PLAN.
Volume 38 - Page 273
Perm
(51)
Cmsn
(24)
(25)
Cannery
Vlg /McFdn
Sq Spcfc Pln
& Arroyo Grp
C -2460
(38)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ROLL CAL �P ;�9 �� August 27, 1984
MINUTES
INTWI1
2. Report from Traffic Engineer - Public
PW /Bicycle
Works Department with proposed
Trl Back
resolution establishing a one -way
Bay Dr
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bicycle trail.on Backbay Drive in a
(74)
southerly direction between Eastbluff
Drive and San Joaquin Hills Road; and
proposed resolution closing Backbay
Drive between San Joaquin Hills
Road / Eastbluff Drive from one hour after
sunset to one hour before sunrise
daily, were presented.
Gene Waggoner, 2573 Elden, Costa Mesa,
addressed the Council and suggested that
consideration be given to lowering the
speed limit from 25 MPH to 15 MPH on
Back Bay Drive, between San Joaquin
Hills Road and Eastbluff Drive. He also
stated that since installation of the
bikeway, pedestrian traffic does not
have a designated area in which to
walk /jog, etc.
Following discussion, and there being no
objections, the Traffic Affairs
Committee was requested to review and
report back, as soon as possible, on the
feasibility of lowering the speed limit
to 15 MPH and designating the southbound
bike area for pedestrians.
on
x
Motion was made to defer action on
Ayes
proposed resolution establishing a
one -way bicycle trail on Back Bay Drive
and San Joaquin Hills Road, to September
10, 1984.
Motion
x
Motion was made to receive and file
Ayes
x
x
x
x
x
proposed resolution closing Back Bay
Noes
x
Drive, between San Joaquin Hills Road
and Eastbluff Drive from one hour after
sunset to one hour before sunrise daily.
H. ORDINANCES FOR ADOPTION:
1. Proposed URGENCY ORDINANCE NO. 84 -19,
Fortune
being,
Telling/
Ofns & Nuisi
AN ORDINANCE OF THE CITY OF NEWPORT
Ord 84 -19
BEACH REPEALING CHAPTER 10.18 OF
(27)
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO FORTUNE TELLING AND
SIMILAR ARTS,
AND
2. Proposed URGENCY ORDINANCE NO. 84 -20,
Fortune Tel@
being,
Moratorium
Prhbtn
Ord 84 -20
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(27)
Volume 38 - Page 274
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL GR ®LL y�pF�9G°p6p August 27, 1984
MINUTES
IR Ti A
AN ORDINANCE OF THE CITY OF NEWPORT
Fortune
•
BEACH ADOPTING A MORATORIUM
PROHIBITING THE USE OF PROPERTY
Telling
WITHIN THE CITY FOR FORTUNE TELLING
PURPOSES PURSUANT TO SUBSECTION
65858 OF THE CALIFORNIA GOVERNMENT
CODE,
were presented for introduction and
adoption, with a report from the
Assistant City Attorney.
It was recommended in the subject report
that the City Council amend the
Municipal Code to be consistent with a
court of appeal, which invalidated a
similar ordinance in another city.
It was further suggested in the report,
that the City Council may wish to direct
the Planning Commission to consider a
zoning study to determine where fortune
telling would be an appropriate land
use, and which can be accomplished by
the adoption of an urgency ordinance
imposing a moratorium on fortune telling,
activities, pending a Planning
Commission study.
Neil Schwartz, Attorney, 440 E. La Habra
Boulevard, La Habra, addressed the
Council and stated that he was
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representing Barney Todorovich, who has
been in the fortune telling business in
La Habra since 1948. He stated that Mr.
Todorovich is interested in engaging in
a similar business in the City of
Newport Beach, and they believe there
are methods in which the City can
control this type of business, such as
the posting of surety bonds, police
background checks, etc.
Mr. Schwartz also stated that he was in
support of the proposed ordinance
adopting a moratorium prohibiting
fortune telling activities, pending a
Planning Commission study.
Motion
x
Motion was made to introduce and adopt
All Ayes
Urgency Ordinance No. 84 -19, being, AN
ORDINANCE OF THE CITY OF NEWPORT BEACH
REPEALING CHAPTER 10.18 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
FORTUNE TELLING AND SIMILAR ARTS.
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COUNCIL MEMBERS
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Motion
A6yes
Motion
All Ayes
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x
MINUTES
August 27, 1984
Motion was made to introduce and adopt
Urgency Ordinance No. 84 -20, being, AN
ORDINANCE OF THE CITY OF NEWPORT
BEACH ADOPTING A MORATORIUM
PROHIBITING THE USE OF PROPERTY
WITHIN THE CITY FOR FORTUNE TELLING
PURPOSES PURSUANT TO SUBSECTION
65858 OF THE CALIFORNIA GOVERNMENT
CODE.
I. CONTINUED BUSINESS:
1. Memorandum from the Tidelands Affairs Harbor Perm
Committee regarding HARBOR PERMIT 1i 129 -2505
APPLICATION #129 -2505, request of Turnstone
TURNSTONE CORPORATION to revise the
commercial docks bayward of 2505 and
2507 West Coast Highway, was presented.
Motion was made to approve the subject
application, subject to the Conditions
of Approval listed in the original staff
report dated August 13, 1984, and
Conditions 1 through 3 in the letter
from the South Shore Yacht Club, dated
August 23, 1984.
J. CURRENT BUSINESS:
1. Report from Traffic Engineer - Public Traffic/
Works Department regarding BUS SHELTERS, Bus Shelters
was presented. (85)
The City Manager noted that at the study
session of July 9, 1984, Inter -City
Shelters, Inc., made a presentation
proposing a pilot program of bus
shelters with advertising. A similar
presentation was made on August 13,
by Target Media. Subsequently, the City
Council requested a report on the
various options for providing either bus
benches or shelters.
The following alternatives were
presented:
(a) Direct staff to make
application to the Orange County
Transit District to participate in
their grant program to purchase bus
shelters; (b) Direct staff to
institute an expanded program of
providing bus benches; (c) Direct
staff to prepare an agreement with
Inter -City Shelters, Inc., for a
pilot program of shelters with
advertising; or (d) Direct staff to
solicit specific proposals from all
interested companies that market
shelters with advertising.
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MEMVERS
CITY OF NEWPORT BEACH
August 27, 1984
MINUTES
Shelters
It was pointed out that, in the staff's
opinion, the proposal by Inter -City
Shelters, Inc., is marginally superior
•
to that of Target Media, due to the
higher guaranteed revenue, the
additional benches to be provided, and
the higher quality benches used.
Jean Le Royer, President of Inter -City
Shelters, Inc., addressed the Council
and stated that they would be providing
the City with 35 bus benches in areas
where there are no bus shelters. The
benches would not have any advertisement
and there would be five in each
Councilmanic District. They would also
maintain these benches.
During discussion, it was noted that
this would be a one -year pilot program.
Motion
x
Motion was made to direct staff to
prepare an agreement with Inter -City
Shelters, Inc., for a pilot program of
shelters with advertising.
Council Member Strauss indicated he felt
the City should advertise for additional
bidders.
Anthony Mollicone, General Manager,
Target Media, addressed the Council and
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stated that their firm would be giving
the City more revenue than Inter -City
Shelters over the trial period. They
also would be willing to provide bus
benches throughout the City if given the
opportunity.
Motion
x
Following remarks by Council Member
Ayes
x
x
x
Plummer, motion was made to direct staff
Noes
x
x -
x
to solicit specific proposals from all
interested companies that market
shelters with advertising, which motion
FAILED.
Ayes
x
x
x
The original motion on the floor was
Noes
x
x
x
voted on and FAILED.
Motion
x
In view of the foregoing, motion was
made to direct staff to institute an
expanded program of providing bus
benches and solicit specific proposals
from all interested companies that
market shelters.
Mayor Hart stated that in making the
motion, this would give the City an
opportunity to review those areas where
bus shelters are needed, but not
necessarily with advertising.
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Shelters
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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All Ayes
1, 11
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Motion
Ayes
Noes I x I I x Ix Ix Ix x
ix
E
MINUTES
August 27, 1984
The City Manager pointed out that
Alternative (d), as set forth above,
would assume advertising on most of the
bus shelters; Alternative (a) would have
no advertising.
The motion was voted on and carried.
2. Letter from Madeline J. Seymour Trfc /Stop
appealing the decision of the.Traffic Sign 49th &
Affairs Committee regarding rejection lRiver
for request of stop sign at 49th Street (85)
and River Avenue, was presented.
Madeline Seymour, 4901 River Avenue,
addressed the Council in support of her
appeal. She submitted a copy of the
Newport -Mesa Unified School District Bus
Schedule, which showed that school buses
stop at River and 49th Street twice a
day. She stated that River Avenue and
49th Street is a very dangerous
intersection, and that since Seashore
Drive became one -way, River Avenue has
become a major thoroughfare.
It was noted that the Traffic Affairs
Committee had examined traffic counts
for 49th and 51st Streets at River
Avenue, and determined that neither
intersection warranted a stop sign.
Bill Hollenbeck, 4904 River Avenue,
representing Lido Sands Homeowners
Association, spoke in support of a stop
sign, and stated their Association
really felt it was necessary.
Following comments, motion was made to
overrule the decision of the Traffic
Affairs Committee.
3. Report from Off- Street Parking Committee
regarding ACQUISITION OF LOTS IN CANNERY
VILLAGE, was presented.
Council Member Agee, Chairman, .
Off - Street Parking Committee, summarized
the subject: report and presented the
Committee's recommendations as follows:
(a) That the staff be authorized to
negotiate with the Assistance
League, the use of their lots by
the City for public parking
purposes;
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Prkg Rstr/
Acq Prpty
Cannery Vlg
(63/73)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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O� \%p ROLL CAL August 27, 1984
MINUTES
INDEX
(b) That an appraisal be authorized
to determine the value on the three
adjacent lots to the Assistance
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League with said appraisal being
used to initiate negotiations for
City acquisition.
Motion
x
Following discussion, motion was made to
approve the recommendation of the
Committee, as set forth in the
foregoing.
Motion
x
Substitute motion was made to approve
Ayes
x
the Committee's recommendations, as set
Noes
x
x
x
x
x
forth in the foregoing, with the
deletion of the language after the word
"League" in recommendation (b), which
motion FAILED.
Ayes
x
x
x
x
The original motion was voted on and
Noes
x
x
carried.
4. ARTS COMMISSION VACANCY:
Arts Cmsn
(24)
Motion
x
Motion was made to accept the
All Ayes
recommendations of the City Council
Appointments Committee and nominate the
following to fill the unexpired term of
Patricia Kendrick, ending June 30, 1986:
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Robert M. Allen
AND
Carolyn Slayback
5. Report from City Council Appointments
Cncl Plcy
Committee to amend SECTION 4 E. OF
(69/33)
COUNCIL POLICY A -10 "PROCEDURAL RULES
FOR THE CONDUCT OF THE CITY COUNCIL
MEETINGS," was presented.
The City Attorney stated that his office
did some research on this.issue
recently, wherein it was found that the
Brown Act does not expressly prohibit
the use of secret ballot to elect an
appointee to a committee in an open.
meeting. There is also no California
decision that prohibits such a practice.
However, there is an Attorney General
.Opinion which concludes that such a
practice does violate the Brown Act, and
he felt that if the City were litigated
in California, the Appellate Court would
rely on the opinion of the Attorney
General.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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`'s August 27, 1984
ROLL
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In view of the foregoing, it was
Cncl Plcy
recommended by the City Attorney that
Council Policy A -10 remain as presently
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written, and that the Council
discontinue their practice of voting
secret ballot to select appointees.
Council Member Strauss pointed out that
Council Policy A -10, Section 4 E has
been in effect since 1977 when it was
adopted unanimously on a motion by
Council Member Ryckoff. Mr. Strauss
also cited remarks made by City Attorney
Dennis O'Neil in a memorandum on this
subject, dated November 28, 1977.
Mayor Hart noted that in 1977 when
nominations were considered, only one
name was submitted, and not two names,
as is presently done.
Motion
x
Motion was made to disallow the proposed
Ayes
x
x
x
amendment, which motion FAILED.
Noes
x
x
x
Motion
x
Motion was made to approve the Council
Ayes
x
x
x
Policy change as submitted, which motion
Noes
x
x
x
FAILED.
Motion
x
In view of the foregoing, motion was
yes
made to continue this item to September
10, 1984.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to direct the City
Eastbluff
All Ayes
Manager to write a letter to the
School
Newport -Mesa Unified School District,
Prpty
advising that the City Council will be
reviewing new information regarding the
vacated Eastbluff School at its --
September 10, 1984 meeting, which may
change the City's position regarding the
disposition of Eastbluff School.
2. John Sipple, 452 Seaward, Corona del
Recreatnl
Mar, addressed the Council and requested
Veh Pkg
permission to speak at this time.
Motion
x
Motion was made to grant Mr. Sipple
All Ayes
three minutes.
Mr. Sipple stated that there are
approximately 400 recreational vehicle
motor homes in the City with only 147
storage spaces available, and inasmuch
as the City has an ordinance regulating
the parking of such vehicles, he
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requested this problem be reviewed.
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CITY OF NEWPORT BEACH
COUNCIL MEMI3ERS MINUTES
\CALROLL August 27, 1984
INDEX
Mayor Hart indicated that she would
contact Mr. Sipple to discuss this issue
further.
The meeting adjourned at 11:10 p.m.
Mayor
J�TTET:
City Clerk
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