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Home My WebLink About06/24/1985 - Regular MeetingCITY OF NEWPORT BEACH C®UNCIL. MEMBERS MINUTES \00 S� .0 1i 's 'S' '9 REGULAR COUNCIL MEETING g PLACE: Council Chambers TIME: 7:30 P.M. P A DATE: June 24, 1985 INDEX Pr sent x x x x x x A. ROLL CALL. ! t x Motion x B. The reading of the Minutes of the All Ayes Meeting of June 10, 1985, 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 Maurer opened the public rehearing Ord 85 -5 regarding Proposed ORDINANCE NO. 85 -5, PCA 616 being, Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 23 SO AS TO DESIGNATE A FRONT YARD SETBACK OF ZERO FEET ALONG THE BAY, WITH THE EXCEPTION OF A TRIANGULAR AREA IN THE NORTHEASTERLY CORNER OF THE SITE THAT SHALL BE MAINTAINED AS A CLEAR, UNOBSTRUCTED FRONT YARD SETBACK, LOCATED AT #1 HARBOR ISLAND (PLANNING COMMISSION AMENDMENT N0. 616). • Report from the Planning Department, was presented. Letter from E. Llewellyn Overholt, Jr., applicant, inviting the City Council to view subject property onsite before the rehearing, was presented. The City Clerk advised that after the agenda was printed a letter was received from Thayer Crispin, #2 Harbor Island, opposing the subject proposal. The Council was also advised that a letter had been received from Mr. Overholt requesting the hearing be continued to July 8, to enable him to meet further with Harbor Island representatives in an attempt to alleviate their concerns. Motion x Motion was made to continue the public All Ayes hearing to July 22, 1985. Volume 39 - Page 230 Pi 111,1111 ill,, . 'kr i. COUNCIL MEMBERS o s ,o �r 3- 'S v o¢ �9 �G� �� A �`�� p s e. �,l G`PS' ��9 �� '� June 24, 1985 MINUTES [) 2. Mayor Maurer opened the public hearing PD /Ofcl regarding adoption of a resolution Police Towg • approving rate increases for the (70) Official Police Towing Services, pursuant to Newport Beach Municipal Code Section 5.13.140. Report from the Executive Assistant to the City Manager, was presented. The City Clerk reported that after the agenda was printed, letters were received from G & W Towing and Harbor Towing regarding the proposed rate increases. In addition, supplemental report from the Executive Assistant was presented, recommending a revision to the proposed resolution regarding "after - hours" for application of the release fee. The City Manager summarized the staff report noting the current, proposed and recommended rates for towing services. G. Wayne Miller, G & W Towing Company, addressed the Council and stated that their proposed rate increase is a direct result of increased cost of operation. He stated he had reviewed the report • from the Police Department regarding the requested rate increase, and believes that the spot check of the three companies listed in the report is not representative of the cost of operation in their area. He felt it should be noted that when comparing their rates with other cities, land for storage of vehicles in the Newport Beach area is more costly. In addition, they are required to pave their storage lots while other areas only require gravel covered storage lots. Also, they are not allowed to charge storage on vehicles stored for the Police Department for the first 12 hours in their storage lot. In other cities there is no 12 -hour holding period before storage charges are permitted. Mr. Miller also discussed the recommendation of the Police Department regarding the hours of operation, and vehicle drop charge. • Volume 39 - Page 231 b COUNCIL MEMBERS �0 S� \1:�'p -!- \Ic� �� g �.&I `rip June 24, 1985 MINUTES M45 j[ _ !. In response to Council inquiry regarding the acceptance of credit cards, Mr. . Miller stated that they accept credit cards when a person has contacted them for towing service; however, when they are requested by the Police Department to tow a certain vehicle, then credit cards are not accepted from the customer because it is too easy to issue a stop payment on the charge. Hearing no others wishing to address the Council, the public hearing was closed. During course of discussion, and there being no objections, the staff was directed to investigate the feasibility of the City taking over the official police towing operation. Motion x Motion was made to adopt Resolution No. Res 85 -40 All Ayes 85 -40 as amended with respect to the "after- hours" for Summer months, modifying charges for official police tow truck services and approving the tow truck rate schedules for two services within the City of Newport Beach for G & W Towing, Inc., and Harbor Towing, and rescinding Resolution No. 84 -47. 3. Mayor Maurer opened the public hearing Underground • regarding proposed UNDERGROUND UTILITIES Utilities DISTRICT NO. 11, to determine whether or Dist.#11 not an underground utilities district (89) should be formed along the Coast Highway from Newport Boulevard westerly to Santa Ana River, using the procedure of Chapter 1532 of the Municipal Code. Report from Public Works Department, was presented. The City Manager summarized the staff report noting that approximately 18 private properties will require that their individual service connections be converted to underground at the expense of the property connection. It is possible that some of these properties may continue to be served overhead if some overhead facilities outside of the district can be rearranged. The Director of Public 'Works discussed the funding for this project, as set forth in the staff report, and answered various questions posed by Council. He also stated that this Underground Utilities District would enable Balboa • Coves to more easily pursue undergrounding within the Coves. Volume 39 - Page 232 COUNCIL MEMBERS co ROLL \CAL G`rif 9y�� F� S�9 F, n N` June 24, 1985 MINUTES I ICS Sandy Wilford, $14 Balboa Coves, Underground addressed the Council in support of the Utilities project; however, he stated he did have one concern. regarding Rule 20 - REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES, which provides for certain rights of citizens for undergrounding utilities in connection with this project, but the provision has been omitted from the proposed resolution. He felt said provision should be included in the resolution and suggested the following language be added: "Upon request of the governing body, the Company will pay for no more than 100 feet of the customer's underground service lateral. The governing body may establish a smaller footage allowance, or may limit the amount of money to be expended on a single customer's service, or the total amount to be expended on consumer services in a particular project." Mr. Wilford stated that if the proposed resolution is amended, as set forth in the foregoing, it will not only affect the Balboa Coves area, but certain properties in Newport Shores. Jim Kennedy, Southern California Edison Company, addressed the Council and commented ithat there is a provision that could possibly be used, as suggested by Mr. Wilford, at the direction of the City Council. However, if the City is spending money undergrounding services on private property, then less dollars will be used for the major thoroughfare. He stated it would be his recommendation that the City Council approve the resolution as presented, and request the Underground Utilities Committee to review the possibility of including the services for the areas suggested, and then if deemed appropriate, the subject resolution could be amended at that time. Tom Orlando, X115 Balboa Coves, President of West Newport Beach Association, addressed the Council and suggested Rule 20 be included in the resolution under consideration and then deleted if necessary at a later time. Volume 39 - Page 233 MINUTES Hearing no others wishing to address the Council, the public hearing was closed. M0 00n. x Motion was made to adopt Resolution No. Res 85 -41 All Ayes 85 -41, establishing Underground Utilities District No. 11 (Coast Highway from Newport Boulevard, west to Santa Ana River) and ordering removal of poles, overhead wires and services within said district. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on July 8, 1985: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -42 authorizing Ntl Lg the Mayor and City Clerk to execute Cities /PD an Agreement with the National Mgm Srvy League of Cities regarding a Police Res 85 -42 . Department Management Survey. C -2515 (Report from the City Manager) (38) (b) Resolution No. 85 -43 prohibiting Parking parking on East Coast Highway from Prhbtn Cameo Highlands Drive /Cameo Shores Res 85 -43 Road to the easterly city limit. (63) (Report from Traffic Affairs Committee) (c) Resolution No. 85 -44 requiring Traffic /Stp vehicles to stop at specified Res 85 -44 approaches to intersections located (85) in the City. (Report from Traffic Affairs Committee) (d) Resolution No. 85 -45 establishing Personnel/ the salaries for Management and Mgmt /Key other Key Employees for Fiscal Year Res 85 -45 1985 -1986 and amending City's (66) Classification and Compensation Plan to reflect said changes. (e) Resolution No. 85 -46 adopting the Budget -FY Budget for Fiscal Year 1985 -1986. 1985 -86 Res 85 -46 (25) Volume 39 - Page 234 ,.COUNCIL MEMBERS \CAL GR ®LL ��' June 24, 1985 V 1,11111 N)' r i (f) Resolution No. 85 -47 approving 1985 PW /'85 Editions and Supplements thereto of Edtns b • various publications listing Splmnts minimum standards for the City of Res 85 -47 Newport Beach Public Works Project (74) and Projects requiring Harbor Permits. (Report from Public Works Department) 3. CONTRACTS/AGREEMENTS: (a) Approve Memorandum of Understanding M -O -U/ for Newport Beach Police Employees NBPEA Association (Contract No. 2056) for C -2056 Fiscal. Year 1985 -86. (Report from (38) City Negotiating Team) (b) Approve Memorandum of Understanding M -O -U/ for Newport Beach Fire Fighters NBFFA Association (Contract No. 2058) for C -2058 Fiscal. Year 1985 -86. (Report from (38) City Negotiating Team) 4. COMMUNICATIONS - For referral as indicated: (a) To Tidelands Affairs Committee for Marine Dpt/ inclusion in the records, Letter Tidelands from Robert D. Delaney Afrs Cmte urging the City Council to continue (51) vigorous efforts to clean up the once - beautiful Back Bay. (b) To Planning for inclusion in the Planning records, letters from Ted Lindstedt (68) and William Bodrogi regarding alleged invasion of illegal "broadcasting stations" in the Westcliff area. (c) To Bicycle Trails Committee for BT /CAC report back, request from Gordon G. (24) Breecher for Newport Beach City Council sponsorship of a bicycle event on Sunday, September 22, 1985, to promote use of bicycle trails for recreation and transportation, and to further the safe use of bicycles and educate the rider in bicycle maintenance. (d) Removed from the Consent Calendar. (e) To Pending Legislation and Legislation Procedural Ethics Committee, (48) Medialease bulletin regarding Assembly Bill 111279, alleging it would violate the intent and purpose of the Outdoor Advertising Act. Volume 39 - Page 235 CITY OF NEWPORT BEACH COUNCIL MEMBERS F June 24, 1985 \P\Pp O tp ROLL ¢ MINUTES 11kTV0V*:1 5. COMMUNICATIONS - For referral to the • City Clerk for inclusion in the records: (a) Copy of letter from Block Representatives in the vicinity of 6800 -7400 Seashore Drive concerning update on the parking problems and development of the old P.E. right -of -way. (b) Minutes of the Orange County Local Agency Formation Commission of May 1, 1985. (c) Notice of Filing application (#85 -05 -144) for Rate Increase before the California Public Utilities Commission by Southern California Edison Company. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) William and Pamela Cacace dba Great Cacace /dba Lengths alleging property damage as Gr Lengths a result of City Hydraulic equipment.fluid spill onto claimant's canvass awning at 2620 E. Coast Highway on May 8, 1985. • (b) J. D. Kellmar Enterprises, Inc., Kellmar dba Oceanfront Wheel Works seeking Entrp /dba indemnity from claim filed by Jo Ocnfrnt WW Ann Jolley who alleged personal injuries from a bicycle fall at Balboa Boulevard and 23rd Street on July 11, 1984. (c) G. David Lapin alleging property Lapin damage to vehicle as a result of inadequate signing in the area of MacArthur Boulevard and Bristol on May 3, 1985. (d) Mr. & Mrs. Joseph D. Howe alleging Howe personal injuries /wrongful death of their son Joseph Bradford Howe at West Coast Highway near Superior on March 11, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Marcus Barker, et al, Amended Barker Cross- Complaint for implied indemnity, etc., for damages from the City of any settlement or . judgment awarded to plaintiff Todd Volume 39 - Page 236 CITY OF NEWPORT BEACH COUNCIL MEMBERS C+ J� 'o �'� ROLL CAL Gds June 24, 1985 MINUTES INDEX Hazeltine, Orange County Superior Court Case No. 44- 86 -28, regarding • surfing accident on June 26, 1984 in the ocean near 44th Street. (b) JeNell McKinnie and Fred Ebeling McKinnie/ for Deprivation of Civil Rights, Ebeling Unlawful Entry, Search, Arrest and Abusive Treatment, United States District Court, Case No. 85 -3514. Claim was denied by the City Council on October 22, 1984. (c) Keratin M. Sandberg for personal Sandberg injuries, Orange County Superior Court, Case No. 459577. Claim was denied by City Council November 26, 1984. (d) Mercury Insurance Group for Mercury Ins property damages regarding accident Grp on August 8, 1984 on Balboa Boulevard near Cypress, Harbor Municipal Court Case No. 707507. Claim was denied by City Council on October 9, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve seven Fire Fighters, Fire • Department. (b) Approve one Police Officer, Police Department. (c) Approve one Police Clerk I, Police Department. (d) Approve one Refuse Leadman, Refuse Division.. (e) Approve one Utilities Construction Leadman, Water Department. (f) Approve one Marine Safety Officer, Marine Department. (g) Approve one Purchasing Clerk, Finance Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Tidelands Affairs rine Dpt/ Committee regarding housekeeping Harbor Prmt revisions to the City Council Policies HARBOR PERMIT POLICIES - (H -1). H -1 • (69) Volume 39 - Page 237 Jill 1 11, 11 • i 9011 9 j 4 COUNCIL MEMBERS c+ s A 1 '5' 'S \P\ 09 �G� 9G,9 9'P�, Gds �F-p �� June 24, 1985 MINUTES INDEX (b) Report from the Ad Hoc Mariners Mariners Mi Mile Specific Area Plan Review Spcfc APRvw . Committee regarding PERMIT (24) MORATORIUM IN MARINERS MILE. (c) Report from the Planning Department Planning regarding the annual RENTAL VACANCY (68) RATE SURVEY. (d) Report from Executive Assistant to Historical the City Manager regarding (35 RENDEZVOUS BALLROOM - HISTORICAL PLAQUE. For Council information and filing: (e) Report from Public Works Department PW /Cptl regarding 1985 -86 CAPITAL Imprvms IMPROVEMENT PROJECTS BUDGET - '85 -86 BALBOA ISLAND BULKHEAD. (74) 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. 12. ACCEPTANCE OF NEWPORT AND BALBOA OCEAN Npt /Balboa PIERS MISCELLANEOUS REPAIRS (CONTRACT Ocn Piers NO. 2456) - Accept the work; and Rprs authorize the City Clerk to file a C -2456 Notice of Completion and release the (38) bonds 35 days after Notice of Completion has been recorded. (Report from Public Works Department) 13. ENCROACHMENT PERMIT OF MIKE GALARDO, JR. Permit/ - Approve issuance of encroachment Encrchmt permit for construction on nonstandard (65) improvements (1110 Hillsborough to construct entry stairs and low concrete planter within a City public utility easement located along the northerly property line); approve agreement for nonstandard improvements, and authorize Mayor and City Clerk to execute said agreement and directing City Clerk to have agreement recorded. (Report from Public Works Department) 14. HARBOR PERMIT APPLICATION 11124 -3300 BY Harbor Perm LIDO SAILING CLUB - Approve the 11124 -3300 application to construct an 85 -foot (51) groin wall. adjacent to Lido Sailing Club property at 3300 Via Lido, subject to conditions listed in the staff report. (Report from Marine Department) • Volume 39 - Page 238 CITY OF NEWPORT BEACH COUNCIL MEMBERS F June 24, 1985 0 � ROLL MINUTES 1110 15. SPECIAL EVENTS PERMIT AND SOUND Permit /Spcl AMPLIFICATION PERMIT FOR LE BIARRITZ Evnts • FRENCH RESTAURANT - Approve subject (65) permits for Bastille Day (French Independence Day) celebration on Sunday July 14, 1985 from 11 a.m, to 9 p.m. (Report from Business License Division) 16. SPECIAL EVENTS PERMIT AND SOUND Permit /Spcl AMPLIFICATION PERMIT FOR RICK COLE Evnts AUCTIONS - Approve subject permits for (65) Rick Cole Classic Car Auction at the Newporter Resort Hotel on July 12, 13 and 14. (Report from Business License Division) 17. MODIFICATION OF CITY COUNCIL POLICY A -10 Council - Approve modification to City Council Policy Policy A -10= Procedural Rules for the A -10 Conduct of City Council Meetings, to (69) permit Study Session commencement at 1:30 p.m. 18. BUDGET AMENDMENTS - For approval: (25) (a) Report from the City Manager regarding Budget Amendments 094 through 102: BA -094, $2,307,530 - Net Increase in Unappropriated Surplus; General Fund. • BA -095, $474,820 - Net Increase in Unappropriated Surplus; Park and Recreation Fund. BA -096, $281,770 - Net Increase in Unappropriated Surplus; State Gas Tax Fund (Sec.21O7). BA -097, $401,500 - Net Increase in ' Unappropriated Surplus; State Gas Tax Fund (Sec. 2106). BA -098, $240,380 - Net Increase in Unappropriated Surplus; Arterial Highway Financing Fund. BA -099, $931,255 - Net Increase in Unappropriated Surplus; Tide and Submerged Lands Fund. BA -100, $502,800 - Net Increase in Unappropriated Surplus; Contributions Fund. BA -101, $297,000 - Net Increase in Unappropriated Surplus; Building Excise Tax Fund. • BA -102, $16,700 - Net Increase in Unappropriated Surplus; Library Fund. Volume 39 - Page 239 CITY OF NEWPORT BEACH COUNCIL MEMBERS \r,&,\ 9p CG3 9G9 q9.` 8`9i1 c�F VAR i Gd' 'p y�9 June 24, 1985 MINUTES 1M (b) BA -103, $1,600 - Transfer in Budget Appropriations to provide for purchase • of office equipment for Assistant City Attorney's Office; City Attorney Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance which strengthens Police Dpt/ provisions for enforcement for a 10 p.m. Ofncs & Nus curfew against minors was presented with Curfew a report from the City Attorney, dated (70) June 10, 1985. The City Clerk advised that after the agenda was printed, a letter was received from the President of the Balboa Peninsula Point and Balboa Improvement Associations, urging adoption of the subject ordinance. Various Council Members expressed their concerns regarding the curfew ordinance, and during discussion it was suggested that the staff investigate how the curfew regulations are being handled in Westwood, and report back. Motion x Following consideration, motion was made Ord 85 -20 to introduce ORDINANCE NO. 85 -20, being, Introduced AN ORDINANCE OF THE CITY OF NEWPORT • BEACH AMENDING THE PROVISIONS OF CHAPTER 10.36 PERTAINING TO CURFEW, and pass to second reading on July 8, 1985. Ralph Kosmides, 3405 Seashore Drive, and Pat Eichenhofer, 2128 E. Ocean Boulevard, addressed the Council in support of the curfew ordinance. With respect to enforcement of the ordinance, the City Attorney advised that this is a complex issue, inasmuch as the ordinance applies to minors only. The State Legislature has enacted a very comprehensive statutory scheme which, to a.great extent, governs and controls the Police Department in how they deal with minors that may be committing criminal acts, etc. Enforcement of this ordinance will be with the discretion of the Police Department. The Police Department will not be able to use this ordinance to file juvenile court petitions against minors. This ordinance, even if enforced to the • maximum, would not result in juveniles Volume 39 - Page 240 COUNCIL. MEMBERS c+ s q s q p¢ June 24, 1985 MINUTES INDEX being put in jail, and would not result Police Dpt/ in juveniles being subject to juvenile Curfew • court petitions, or other court petitions. The City Attorney stated that the ordinance is being strengthened by the expansion of exceptions to it. The ordinance would only apply to juveniles who are "loitering or idling," and if a person is determined to be doing either of the above, it is his feeling the Police Department would take the minor into temporary custody, and house that person until the parents or some other adult can be reached before being released. All Ayes The motion on the floor was voted on and carried. 2. Report from City Clerk regarding LEGAL Advertising) ADVERTISING FOR FISCAL YEAR 1985 -86, Legal'85 -86 recommending award of bid to the Daily (20) Pilot, was presented. Leland Pound, Business Manager for the Newport Ensign, addressed the Council and stated that they had prepared and mailed in a bid to the Clerk's office on June 11, but it did not reach their • office by the June 14 deadline. He, therefore, suggested that this item be readvertised, or that the Council consider their late bid. The City Clerk advised that on the morning of June 24, a bid from the Ensign was received with the office mail. Melinda Thackery of the Daily Pilot, addressed the Council and stated that last year when it was time to bid on the legal advertising, they made a typographical error in their bid and requested the City Council to readvertise, which was denied. This year they exercised great caution and care in making sure their bid was prepared and delivered to the Clerk's office on time. If the Council were to grant the request, they would be giving preferential treatment to the Ensign. Motion x Motion was made to uphold staff's All Ayes recommendation and award the bid to the Daily Pilot; and authorize the issuance • of a purchase order. Volume 39 - Page 241 COUNCIL MEMBERS \rAL®LL y�9 June 24, 1985 MINUTES 3. Letters from Albert and Lois Irwin, BT /CAC & Sidney Bickel, and Bernadette V. Wehrly PB &R • regarding proposed oceanfront sidewalk (24/62) replacement and the resulting traffic and noise pollution, were presented. Robert Foster, 404 E. Ocean Front, addressed the Council and asked for clarification of the proposed oceanfront sidewalk replacement and bicycle trail to which the City Manager responded that the Council has allocated funds for this item in the 1985 -86 Budget. However, prior to any actual work being approved, public testimony will be taken at meetings before the Bicycle Trails Committee and Parks Beaches and Recreation Commission to determine the feelings of the residents in the subject area. The item would then come to the City Council for final approval, advertisement of bids, etc. Motion x Motion was made to refer the subject All Ayes letters to the Bicycle Trails Committee and Parks, Beaches and Recreation Department for inclusion in the records. H. ORDINANCES FOR ADOPTION: 1, Proposed ORDINANCE NO. 85 -19, being, Ord 85 -19 • Legislation AN ORDINANCE OF THE CITY OF NEWPORT Health /Sntn BEACH ADDING CHAPTER 6.25 OF THE (48) NEWPORT BEACH MUNICIPAL CODE REGULATING SMOKING IN PUBLIC AREAS AND WORK PLACES, presented for second reading and adoption with report from City Attorney dated June 10, 1985. Letter from The Newport Beach Restaurant Association regarding consideration for altering the proposed amendment by making the 25% nonsmoking area allocation for restaurants a guideline instead of a mandate, was presented. Letter from Nancy Reaves, Costa Mesa, in favor of smoking ordinance, was presented. The City Clerk reported that after the agenda was printed, eight letters were received from employees of the Public Works Department, and Traffic Engineering Division, requesting the ordinance contain more stringent • regulations with regard to smoking in the work place. Volume 39 - Page 242 COUNCIL .MEMBERS s99�sCG�F 9/p�99� 9 \ 1c00N June 24, 1985 In addition, letters were received from MINUTES • residents Howard and Peggy Rapp, and John Dade in support of the ordinance. Ralph Rosmides, 3405 Seashore Drive, representing Newport Beach Restaurant Association, addressed the Council and stated that several restaurants in the City, such as Cocos, Five - Crowns and Hemingways, already offer smoking and non- smoking sections, and their association feels that an ordinance does not need to be enacted to force the issue. The ordinance also fails to give any definition of how the law will be enforced. It is their request that the Council consider altering the proposed ordinance by making the 25% non - smoking area allocation for restaurants a guideline, instead of a mandate. Alicia Jensen, 43 San Tropez, owner of a restaurant in Hungtington Beach, addressed the Council and stated that they provide 50% of their restaurant to non - smoking and that it has proven most successful. She stated that 75% of the public are now non - smokers, and that once a restaurant initiates non - smoking areas, more people will patronize that • restaurant. She stated that she has dined at a number of restaurants in Newport Beach and has found that there are almost no designated non - smoking areas. She urged adoption of the ordinance in order to protect the health of the community. Bob Brown, resident (no address given), addressed the Council and stated that he is a non - smoker, and that in many instances the non - smoking areas provided in restaurants are so small that one has to wait, and rather than wait, he has had to accept an area where there is smoking. He recommended the ordinance be adopted to provide a greater amount of non - smoking space in restaurants. Dr. Gurtis, Associate Professor, University of Irvine, Department of Preventive Medicine, addressed the Council and discussed the effect smoking has on the non - smoker and so- called "passive" smoker, and urged the Council adopt the ordinance and "set a good example" for other cities. • Volume 39 - Page 243 Smoking Ord COUNCIL MEMBERS \rALR ®LL GAS �Fp June 24, 1985 MINUTES INDEX Motion x Motion was made to adopt Ordinance No. Legislation/ yes 85 -19 including, as part of the Smoking Ord administrative records, the materials submitted by Michael Christensen, which formed a factual basis for certain findings contained in the ordinance. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO BOARDS AND COMMISSIONS - Boards/ After determining the method of voting, Cmsns the following appointments were confirmed: BOARD OF LIBRARY TRUSTEES Library Bd Green x x x x x Edward Conn was assigned the green light; and Red x Carol Strauss was assigned the red light. Council Member Strauss stated for the record, that he is not related to nominee Carol Strauss. Edward Conn was appointed for a 4 -year term ending June 30, 1989. Green x x Gary Di Sano was assigned the green light; and RO x x x x Jean Kiger was assigned the red light. Jean Kiger was appointed for a 1 -year term ending June 30, 1986, to fill the unexpired term of Kent Steckmesser. CITY ARTS COMMISSION City Arts Cmsn Green x x x x x x Patty Gene Sampson was assigned the .green light; and Red Evelyn Moodey was assigned the red light. Patty Gene Sampson was reappointed for a 4 -year term ending June 30, 1989. CIVIL SERVICE BOARD Civil Service Green x x x x Hilbert Carson was assigned the green Bd light; and Red x x Walter Howald was assigned the red light. • Hilbert Carson was appointed for a 4 -year term ending June 30, 1989. Volume 39 - Page 244 COUNCIL MEMBERS \CALROLL G`piP June 24, 1985 MINUTES INDEX PARKS, BEACHES AND RECREATION PB &R Cman COMMISSION n x x x x x x Diana Springer was assigned the green light; and Red Robert Cooper was assigned the red light. Diana Springer was reappointed for a 4 -year term ending June 30, 1989. Green x x x Janie Arnold was assigned the green light; and Red x x x Clyda Brenner was assigned the red light. As a result of a tie vote, above appointment deferred to July 8, 1985. PLANNING COMMISSION Planning Cmsn Green x x x x Rena Koppelman was assigned the green light; and Red x x Harry Merrill was assigned the red light. Rena Koppelman was reappointed to a • 4 -year term ending June 30, 1989. Green x x x x x Joan Winburn was assigned the green light; and Red x Gary Pomeroy was assigned the red light. Joan Winburn was reappointed for a 4 -year term ending June 30, 1989. J. CURRENT BUSINESS: 1. Report from the Executive Assistant to Npt Pier the City Manager regarding NEWPORT PIER Cncsn CONCESSION AGREEMENT. C -1901 (38) Letter from Rick Lawrence regarding interest in bidding /acquiring the Newport Pier Concession lease agreement, .was presented. The City Manager, in summarizing the background of this proposal, stated that the existing concession on the Newport Pier consists of a sit -down restaurant serving fish and chips, hamburgers, etc.; a take -out window; an ice cream only take -out window; a T -shirt shop; • and a tackle and bait shop. The current Volume 39 - Page 245 MINUTES INDEX concessionaires William and Erika Npt Pier Matting, together with Hal E. Griffith Cncsn • have proposed to the City a complete renovation of the existing building. Mr. Griffith has a similar operation near the San Clemente pier and comes highly recommended from that City. An overview of the proposal was presented to the City Council at the Study Session of October 9, 1984, and a more precise proposal was presented at the February 25th Study Session. Discussion ensued with respect to some of.the provisions contained in the lease, wherein Council Member Hart expressed her concerns regarding the Right of First Refusal (Page 11), and Initial Term (Page 3). Council Member Strauss stated that he agreed with Council Member Hart's comments regarding the above provisions, and indicated he felt they were undesirable and should be amended. In response to Council Member Heather, the City Attorney stated the staff will be reviewing the provision regarding Damage or Destruction of Pier (Page 30) to determine if it needs to be • strengthened. Reference, was made to Page 5 of the lease by the Public Works Director, which states: "The Public Works Department, at its reasonable discretion, may require Concessionaires, as a condition of approval, to improve or reinforce the structure of the Pier to accommodate any additional loads, beyond that created by the existing structure, created by any improvements constructed by Concessionaires," wherein he commented that this also was an area that he felt needed some revision of the language, inasmuch as it will be very difficult to replace timber piles for the pier because of the 2 -story structure. In response to Council Member Plummer regarding the Extended Term provision, the City Manager noted that on Page 18 it states, "This Agreement shall not be sold, assigned, transferred, mortgaged, pledged or hypothecated by Concessionaires without the prior • written consent of City, nor........" Volume 39 - Page 246 COUNCIL MEMBERS \C&L�� G`riP gJ June 24, 1985 Ff,II � Npt Pier Cncsn Hal E. Griffith, developer for the Fisherman's Galley, addressed the Council and stated that it is not their intention to impose on the people utilizing the pier; however, they do feel they can be instrumental in upgrading the pier area. Their restaurant will emphasize seafood with local catch, as well as fish from the northwest. It will be a "casual" dining atmosphere for all walks of life. Mr. Griffith referred to the drawings on display, and in response to Council Member Hart, stated that the overhang could be reduced to 4 -feet on three sides, leaving the front at 7 -feet, if that was the desire of the City Council. Mr. Griffith responded to the concerns expressed by some Council Members regarding certain provisions in the lease, stating that the Right of First Refusal is not uncommon in leases of this type in order to protect their investment. With regard to the term of the lease, their lease in San Clemente is for 40 years, and all other leases he has had in Seattle have been for 30 years. • Council Member Strauss emphasized again, that he would like to see the provision regarding Extended Term (Page 3) amended to read as follows: "Concessionaires may, by mutual consent, extend the term of this Agreement for two (2) additional periods of five years each, provided that Concessionaires notify the City in writing of their desire to extend at least six months prior to expiration of the term of the Agreement." In response to the foregoing suggestion of Council Member Strauss, Mr. Griffith stated that if it becomes a "mutual consent,01 then they cannot count on anything more than 15 years, the term of the lease, and they would have to spread their investment over the 15 year period. If the City is concerned that he may not be a "good" operator, he felt there were many other provisions in the lease which protect the City from that standpoint. • Volume 39 - Page 247 Npt Pier Cncsn Reference was made to Page 3 of the Npt Pier staff report by Council Member Plummer Cncsn regarding the recommendation to charge $1,000 a month for in -lieu parking fees which will be placed.in a parking fund to be used for Tidelands parking improvements, to which the City Manager responded should be taken into consideration in evaluating the proposed lease. He pointed out that everything contained in the lease is negotiable. Motion x Following discussion, motion was made to approve the conditional Concession Agreement for reconstruction of Newport Pier Concession and authorize the Mayor and City Clerk to execute said agreement, with modification that the word "Tidelands" be stricken from the summary proposal in the staff report (Page 3); that the developer reduce the overhang to 4 feet on three sides; that the provisions regarding insurance be to the satisfaction of the City Attorney; and the provisions regarding the maintenance of structural improvements be to the satisfaction of the Public Works Director. Motion x Substitute motion was made to approve X x x the foregoing, with the addition that X x x Page 3 regarding Extended Term be amended to read as set forth in the aforementioned, which motion FAILED. Ayes x x x x x The motion on the floor was voted on and Noes x carried. 2. Orange County Housing Authority - Request to reappoint or newly appoint one Representative and one Alternate to serve on the Advisory Committee of the Orange County Housing Commission, was presented. Motion x Motion was made to appoint Lucille Kuehn All Ayes as the Representative, and Robert Brockman as the Alternate. Volume 39 - Page 248 COUNCIL MEMBERS ROLL CAL n A Ayes 0 LJ F 1 Eli IT June 24, 1985 MINUTES U/P 1965(A) K. ADDITIONAL BUSINESS: x 1. Motion was made to schedule public hearing on Use Permit No. 1965 (Amended), Ernest George, for July 8, 1985. The City Council adjourned at 10:45 p.m., in memory of Merrill E. Skilling, husband of Margot Skilling, who died on Sunday, June 16, 1985. (j---Mayor ATTEST: City Clerk PO Cg11 FO FL Volume 39 — Page 249 U/P 1965(A)