HomeMy WebLinkAbout07/08/1985 - Regular MeetingCOUNCIL MEMBERS
\CAL
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cROLL
Present
Mo 'on
yes
Motion
Ayes
Abstain
0
Motion
All Ayes
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE- .Tnly R_ IqA,
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x
x
x
x
x
x
A. ROLL CALL.
X
B. Motion was made to waive the reading of
the Minutes of the Regular Meeting of
June 24, 1985, approve as written, and
ordered filed.
X
Motion was made to waive the reading of
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x
x
x
x
x
the Minutes of the Special Meeting of
x
June 27, 1985, approve as written, and
ordered filed.
C. The reading in full of all ordinances
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the continued public
hearing regarding requests of IRVINE
PACIFIC, Newport Beach for:
AMENDMENT NO. 612 - Request to establish
Planned Community Development Standards
and adopt a Planned Community
Development Plan for the development of
the BRISA DEL MAR PLANNED COMMUNITY
DISTRICT. The proposal also includes a
request to amend a portion of
Districting Map No. 32 so as to
reclassify a portion of the subject
property from the C -1 District to the
Planned Community District and the
acceptance of an Environmental Document;
AND
TRAFFIC STUDY - Request to consider a
traffic study for a 96 unit residential
condominium development;
AND
TENTATIVE MAP OF TRACT NO. 12209 -
Request to subdivide three existing
parcels of land and a portion of vacated
Fifth Avenue, containing 6.63 acres,
into a single lot for residential
condominium development for property
located in the P -C District.
Report from the Planning Department, was
presented.
X
Motion was made to continue the public
hearing to August 12, 1985, as requested
by the applicant.
2. Mayor Maurer opened the continued public
hearing regarding GENERAL PLAN AMENDMENT
83-I(D), a request initiated by the CITY
OF NEWPORT BEACH, to amend the Land Use
Element of the Newport Beach General
Plan for the FIFTH AVENUE /MACARTHUR
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INDEX
Brisa del
Mar /PCD
PCA 612
Zoning
(94)
Traffic
Study
TMpTr 12209
GPA 83 -1(D)
(45)
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BOULEVARD (BRISA DEL MAR) PARCEL.
Property located northeasterly of the
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intersection of MacArthur Boulevard and
East Coast Highway, between Sea Lane and
Fifth Avenue; zoned P -C.
Report from the Planning Department, was
presented.
Motion
x
Motion was made to continue the public
All Ayes
hearing to August 12, 1985, as requested
by the applicant.
3. Mayor Maurer opened the continued public Bren Co/
hearing regarding requests of the BREN Corona del
COMPANY, Newport Beach, for: Mar Cottage
Homes
AMENDMENT NO. 614 - Request to establish PCA 614
Planned Community Development Standards Zoning
and adopt a Planned Community (94)
Development Plan for the development of
CORONA DEL MAR COTTAGE HOMES PLANNED
COMMUNITY DISTRICT. The proposal also
includes a request to amend portions of
Districting Maps No. 32 and 51, so as to
reclassify said property from the R -1 -B
District to the Planned Community
District; and the acceptance of an
Environmental Document;
AND
TRAFFIC TRAFFIC STUDY - Request to consider a Traffic
traffic study for an eighty unit Study
single - family residential development;
AND
TENTATIVE MAP OF TRACT NO. 11949 - TMpTr 11949
Request to subdivide two existing
parcels of land, containing 16.06 acres,
into eighty numbered lots for
single - family purposes; two lettered
lots for private open space purposes;
and three lettered lots for public alley
purposes. The proposal also includes an
exception to the Subdivision Code so as
to allow the creation of interior lots
which are less than fifty feet wide and
less than 5,000 sq.ft. in area, and
corner lots which are less than sixty
feet wide and less than 6,000 sq.ft. in
area. Property located at 3400 Fifth
Avenue, on the northeasterly side of
Fifth Avenue between Marguerite Avenue
and the Newport Beach City limits, in
Corona del Mar.
Report from the Planning Department, was
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presented.
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Motion
x
Motion was made to close hearing, and
withdraw applications as requested by
Ayes
applicant.
4. Mayor Maurer opened the public Hearing
Ord 85 -17
regarding PROPOSED ORDINANCE NO. 85 -17,
Zoning/
being,
Restaurants
(94)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE PROVISIONS OF
CHAPTER 20.72 AND SECTIONS
20.31.020, 20.32.020, 20.33.025,
20.34.020, 20.61.060. 20.62.040.
20.30.035, and 20.30.040 of the
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO RESTAURANTS (PLANNING
PCA 617
COMMISSION AMENDMENT NO. 617).
Report from the Planning Department, was
presented.
Letters from The Newport Beach
Restaurant Association, Grace Restaurant
Company, Western Canners Company and
California Restaurant Association
regarding proposed ordinance, were
presented.
The City Manager summarized the purpose
of the proposed ordinance noting that
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the City recently has been confronted
with problems in conjunction with the
operation of restaurants located near
residential areas. The principal
problems are noise and parking. Many
restaurants in the older sections of the
City are nonconforming in that they do
not have adequate on -site parking spaces
to serve the needs of their patrons or
employees. This problem forces people
to park their automobiles in nearby
residential. neighborhoods, thereby
depleting an already short supply of
available parking spaces. Since many
restaurants remain open until 1:00 or
2:00 a.m., patrons or employees leaving
said facilities to retrieve their
automobiles frequently create noise that
disturbs residents.
The City Manager stated that the City
Council discussed this matter during
several study sessions, and subsequently
directed staff to draft appropriate
revisions to the Zoning Code for the
Planning Commission's review and
recommendation. The Planning
Commission considered the proposed
ordinance and amended the same because
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CITY OF NEWPORT BEACH
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of the concerns of the Newport Beach PCA 617
Restaurant Association, which are set Zoning/
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forth in the staff report. Restaurants
The City Manager advised that the
Newport Beach Restaurant Association has
requested this item be continued for an
additional 30 days in order to permit
more discussions with the City staff and
restaurant owners regarding their
concerns and the impact the ordinance
will have on their businesses.
In response to Council inquiry regarding
notification of the proposed ordinance,
the City Manager stated that all
homeowner associations and restaurants
within the City were given written
notification of the subject proposal.
The City Attorney advised that, within
the next three to four weeks, he would
make an effort to contact
representatives of the homeowner
associations which have shown some
interest in the ordinance to learn of
their major concerns.
Joel Linden Thompson, General Counsel
and Legislative Director for the
California Restaurant Association,
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addressed the Council and stated that
they were requested to do an analysis of
the subject ordinance and render a legal
opinion as to its constitutionality.
She stated that the effect of the
proposed amendment would be retroactive,
and in their opinion, it would be
constitutionally impermissible. It is
also their opinion that the operational
conditions outlined in the ordinance
having to do with the ABC licensees
should be preempted under State law.
Dick Nichols, 519 Iris Avenue, addressed
the Council and submitted a letter
regarding his concerns with the subject
ordinance. He stated that, in his
opinion, the ordinance would not be an
improvement. He also felt the
conditions as written by the California
Restaurant Association are to their'
favor.
Motion
x
Motion was made to continue this item to
All Ayes
August 12, 1985, as requested.
5. Mayor Maurer opened the public hearing U/P 1965,(A)
and City Council review of USE PERMIT (88)
N0. 1965 (AMENDED) - A request of ERNEST
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GEORGE, Corona del Mar, approved by the U/P 1965(A)
Planning Commission on June 6, 1985, to
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amend a previously- approved use permit
which allowed the expansion of
the restaurant formerly known as A. T.
Leo's and Laredo Cantina with on -sale
alcoholic beverages and limited live
entertainment and dancing, and the use
of tandem parking spaces with a valet
parking service. The proposed amendment
includes a request to convert portions
of the existing restaurant into retail
commercial and office space and reduce
the restaurant parking requirement to
one parking space for each 50 sq.ft. of
"net public area." The proposal also
includes a modification to the Zoning
Code so as to permit tandem parking with
a full time valet parking service that
would provide the required number of
on -site parking spaces for the existing
and proposed uses. Property located at
3901 East Coast Highway, on the
southeasterly corner of East Coast
Highway and Hazel Drive in Corona del
Mar; zoned C -1 and R -1.
Report from the Planning Department, was
presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Mel Grandinetti, 418 Hazel
Drive, opposing any reduction in parking
at the subject location.
Ernest George, 2865 E. Pacific Coast
Highway, applicant, addressed the
Council and stated that he was in
agreement with the recommendation of the
Planning Commission with the exception
of two concerns. He felt that Condition
No. 6 regarding Valet Parking should be
revised to apply only during the lunch
period from approximately 11 a.m., to 2
p.m. He also felt that Condition No. 9
requiring a parcel map to be recorded
prior to the issuance of any permits
authorizing alterations to the existing
building or any construction on the
site be deleted, as it will create a
hardship on the ability to rent any of
the offices on the site.
The Planning Director explained the
reason for Condition No. 9 regarding
parcel map recordation stating that the
City Council, a number of years ago,
adopted a regulation that when you have
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a building which is currently built over
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existing property lines, and if there U/P 1965(A)
was to be any modification to a
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multi- family residential building or
commercial or industrial building prior
to accomplishing that modification,
there would be a resubdivision required
in order to combine those parcels and
create a single building site.
The Planning Director also stated that
the Uniform Building Code prohibits the
construction of a new building with
openings across the existing property
line. He pointed out that this
particular building site is made up of
several individual lots, approximately
seven or eight, and there is that remote
possibility in the future that, if there
was not a plan to ultimately develop
this as a single site, a land developer
could come to the City with a proposal
to develop or improve each lot
individually. Therefore, when the City
originally approved the use permit for
A.T. Leo's restaurant, they observed
this particular circumstance and imposed
the condition regarding recordation of
the parcel map. As yet, the property
owner has not had it recorded.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to modify the decision
All Ayes
of the Planning Commission with respect
to Condition Nos. 6 and 9, which are
revised as follows:
No. 6 -- That valet parking service
shall be provided between the hours
of 11:30 a.m, to 2 p.m.
No. 9 - That a parcel map shall be
recorded so as to eliminate
interior property lines and create
a single parcel of land. Said map
shall be recorded within six months
(January 8, 1986).
E. PUBLIC COMMENTS:
1. Douglas Smith, 506 Clubhouse Road, ARCO
addressed the Council regarding the ARCO Service
Service Station located at 3401 Newport Station
Boulevard. He stated that the station
is open 24 hours, without the benefit of
a use permit., or a business license. He
stated that he has contacted various
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City departments regarding the noise
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emanating from the business in the early
morning hours, but to date nothing has
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been done to alleviate the disturbance.
He stated that other residents have also
complained to the City in writing.
In response to Mr. Smith, the Planning
Director stated that their office
received Mr. Smith's letter and as a
result, a letter was sent to a Mr.
Ardell, dated June 20, 1985, informing
him of the complaints, and advising that
he was in violation of his operating
requirements. A second letter was sent
on June 25, 1985, and a third letter on
July 2. The matter has now been turned
over to the City Attorney's office for
handling.
The City Attorney advised that they will
now conduct an office hearing with the
individual in charge of the business,
which will be done within a two -week
period. Following that hearing, and if
deemed necessary, a law suit will be
filed in Superior Court seeking a court
order to reduce the hours of operation.
Mayor Maurer requested the City Attorney
to notify Mr. Smith of the results of
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the hearing.
2. Sandy Bishop, 1609 E. Balboa Boulevard, Vehicles/
addressed the Council regarding speeding Traffic
of vehicles on the Peninsula,
particularly near the "Y." She stated
that drag racing in the area is becoming
frequent, and that better police
protection is needed.
3. Maria Goen, 316/31611 E. Ocean Front, Ocean Front
addressed the Council and submitted a Beach
petition with eight signatures of
residents living on the Ocean Front,
requesting the Police Department enforce
the nightly 12 midnight closure of the
Balboa fire rings in the 300 and 400
block of East Ocean Front. She stated
that they suffer from noise,
drunkenness, vomiting, urinating,
profanity and litter from beer cans, -
bottles, etc., until 3 a.m., or in some
cases later. She stated that they had
their wooden table and benches stolen
from their front patio and burned in the
fire ring in front of their home.
Neighbors have had gates, flag poles,
planters and other items also stolen to
use as fire wood. She urged the Council
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direct the Police Department to enforce
the 12 midnight beach closure.
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4. Bernice Folgum, resident of Main Street, Balboa/
Balboa, addressed the Council regarding Public
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vandalism, noise, and violence in the Nuisances
area, and stated she felt there was a
necessity for improved police patrol on
the Peninsula.
5. Louis Kaufman, 112 -32nd Street, 32nd St/
addressed the Council regarding noise in Public
his area until the early morning hours, Nuisances
and requested better police enforcement.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -48 rescinding Balboa Pier
Resolution 82 -36 revising the Prkg Lot
schedule of rates for the Balboa Rates
Pier Parking Lot. (Report from Res 85 -48
Traffic Engineering) (63)
(b) Resolution No. 85 -49 rescinding Parking/
Resolution No. 82 -71 pertaining to Off -St Mtr
•
off - street meter zones and Zones
regulations for the operation of Res 85 -49
parking meters. (Report from (63)
Traffic Engineering)
3. CONTRACTS /AGREEMENTS:
(a) Authorize the City Manager to 15th St/
execute a Professional Services Washgtn/
Agreement with N. S. Fairbanks, Bay Ave
Architect, to prepare plans and Pblc Rstrms
specifications for a new public C -2519
beach restroom at 15th Street, and (38)
for refurbishing the existing
restroom at Washington Street and
Bay Avenue, for a total fee of
$9,575. (Report from Public Works,
also see F -9(d))
(b) Authorize the Mayor and City Clerk Upr Npt Bay
to execute a Cooperative Project Bicycle
Funding Agreement with the Eqstrn Trl
Department of Fish and Game to C -2520
provide for a portion of the (38)
construction of the Upper Newport
Bay Bicycle and Equestrian Trail
Project. (Report from Public
•
Works)
Volume 39 - Page 258
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MINUTES
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(c) Authorize the Mayor to execute Code Personnel/
7 Settlement Agreement. (Report PD Code 7
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from City Attorney) Stlmt Agm
C- 2056(38)
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
(c) Removed from the Consent Calendar.,
(d) To Executive Assistant to the City CATV /Grp W
Manager for response, letter from (42)
Group W Cable formally requesting a
rate increase for its service
within the Newport Beach franchise
area, effective September 1, 1985.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Local Agency Formation, Orange
County - Preliminary Agenda for
July 10, 1985.
(b) Applications before the California
Public Utilities Commission:
(1) Southern California Edison
•
Company Notice of filing
amended application (No.
85 -02 -042).
(2) Amendment to application
(No. 85 -01 -034) of Pacific
Bell.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Ralph E. Bernard alleging property Bernard
damage as a result of accident with
Police vehicle (Meter Maid), on
Newport Boulevard near 29th Street
on May 17, 1985.
(b) Vera M. Gamble alleging personal Gamble
injuries as a result of being
rear -ended by City vehicle while
stopped waiting for light to turn
green.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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(c) Heritage Thrift and Loan
Heritage
Association alleging Police
Thrift /Loan
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Department refused release of
vehicle to legal owner until the
amount of $599 was paid for 13
outstanding traffic violations
against the registered owner.
(d) Frederick L. Ishinger alleging loss
Ishinger
of personal property as a result of
damage by refuse truck at alley of
507 Jasmine.
(e) James MacKilligan alleging personal
MacKilligan
injuries as a result of being
struck by overhang addition from
truck in pedestrian walkway during
miscellaneous Newport Pier repairs
for the City on March 18, 1985.
(f) Brenda I. Macklin alleging property
Macklin
damage as a result of sewer backup
at 1806 Leeward Lane on June 10,
1985.
(g) Waldyr Pizzotti alleging personal
Pizzotti
damages as a result of City
impounding claimant's vehicle and
releasing said vehicle to a third
party on March 14, 1985.
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For rejection:
(h) Late Claim of Richard Ardis who was
Ardis
involved in collision with City
vehicle at Irvine Avenue on January
28, 1985, seeking reimbursement of
deductible, which his insurance
company did not cover.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Susan and Albert Powell for
Powell
personal injuries, Orange County
Superior Court, Case No. 46- 11 -69.
Claim was denied by City Council on
May 13, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Refuse Crewman, Refuse
Division.
(b) Approve one Building Maintenance
Man II, General Services.
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(c) Approve one Refuse Leadman, Refuse
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Division.
(d) Approve one Maintenance Man I,
Field Operations Division.
(e) Approve one Human Services
Coordinator, Parks, Beaches and
Recreation Department.
(f) Approve one Accounts Payable Clerk,
Purchasing Division.
(g) Approve one Accounting Cashier,
Finance Division.
(h) Approve one Programmer Assistant,
Data Processing Division.
(i) Approve one Maintenance Man II,
Field Operations Division.
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Removed from the Consent Calendar.
(b) Approve in concept, Joint Powers
Fire Dpt/
Agreement for regulating hazardous
Hazardous
waste. (Report from Fire
Waste
•
Department)
(41)
(c) Authorize Mayor to send letter of
Fire Dpt/
commitment to share in funding the
Radio Com-
backbone cost and an interest in
munications
financing the City's cost depending
System
upon the rates and terms of
(41)
financing a County -Wide Fire Radio
Communication System. (Report from
Fire Department)
(d) Report from Parks, Beaches and
PB &R /Public
Recreation Director with guidelines
Beach RstrmE
for refurbishment, replacement and
(62)
new construction of public beach
restrooms.
10. PUBLIC HEARING SCHEDULING:
None.
11. Report from the Planning Department
PA 85 -2
regarding PROPOSED GENERAL PLAN
(45)
AMENDMENT 85 -2 - Sustain the
recommendation of the Planning
Commission and determine as unwarranted,
a request to consider amending the LAND
USE ELEMENT of the NEWPORT BEACH GENERAL
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PLAN for the A.T.& T. facility site
located on the northwesterly corner of
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Camelback Street and Bison Avenue in the
North Ford Planned Community.
12. Removed from the Consent Calendar.
13. RESUBDIVISION NO. 779 - Approve an
Resub 779
agreement guaranteeing repair of
(84)
utilities and public improvements along
West Coast Highway required of
Resubdivision No. 779 (Portions of Lots
G and H, Tract No. 919, located at 2901
West Coast :Highway, on the southerly
side of West Coast Highway, between
Riverside Avenue and Newport Boulevard
in Mariner's Mile); and authorize the
Mayor and City Clerk to execute said
agreement. (Report from Public Works)
14. ACCEPTANCE OF IMPROVEMENTS IN USE PERMIT
U/P 1953
1953 (RESUBDIVISION NO. 683) - 'Accept
(88)
the public improvements constructed in
conjunction with Use Permit 1953 (Parcel
2 of Parcel Map 114/19 -21 [ Resubdivision
No. 5671 located on property bounded by
Birch Street on the north, Von Karman on
the east and south, and MacArthur
Boulevard on the west, in Koll Center
Newport); and authorize the City Clerk
to release the Faithful Performance Bond
•
(No. 4376020), and Labor and Material
Bond (No. 4:376020) in six months,
provided no claims filed. (Report from
Public Works)
15. ACQUISITION OF 202 -41ST STREET (A.P.#
202 -41st St
423 - 306 -05) - Authorize the purchase of
Prpty Acq.
202 -41st Street for $160,000; and
(73)
authorize the acceptance of a grant deed
from Harry H. and Mary T. Iverson for
said property. (Report from Public
Works)
16. 1984 -85 STREET AND ALLEY SLURRY SEAL
1984 -85
PROGRAM (CONTRACT NO. 2495) - Rescind
Slury S1
the award of Contract No. 2495 to Sunset
C -2495
Oil, Inc., and direct staff to collect
(38)
the bidder's bond; and rebudget the
contract amount in the Fiscal Year
1985 -86 appropriation for Street and
Alley Slurry Seal Program and rebid the
work at the end of summer. (Report from
Public Works)
17. Removed from the Consent Calendar.
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18. HARBOR PERMIT APPLICATION #145 -18 BY ROY
Harbor Perm
CARVER, III - Approve subject
11145 -18
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application to revise and relocate the
(51)
dock bayward of 1118 Harbor Island and to
construct approximately 280 feet of new
bulkhead subject to conditions of
approval listed in the staff report.
(Report from Marine Department)
19. BUDGET AMENDMENTS - For approval:
(25)
BA -001, $60,337.50 - Increase in Budget
Appropriations to provide for carry -over
of 1984 -85 Street and Alley Slurry Seal
Program Project due to Contractor's
failure to perform.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Building Director regarding
Building/
WEEKEND WORKING HOURS FOR THE JOHN
Cnstrctn
DOMINIS RESTAURANT recommending extended
(26)
construction hours at 2901 Pacific Coast
Highway, was presented.
Vickie Edwards Sushi, 2401 Cliff Drive,
representing the Newport Heights
Community Association, addressed the
Council and requested this item not be
approved, inasmuch as it would disturb
the sleep of many in the neighborhood,
•
and would also create a hazard to
pedestrian and bicycle travel.
The Public Works Director summarized the
request as set forth in the staff
report, and answered questions of the
Council.
Motion
x
Following consideration, motion was made
Ayes
x
x
x
x
x
x
to defer action on this item to July 22,
Noes
x
1985, with a request for clarification
as to the specific time for excavation
and pour.
2. A letter from City of Palm Desert
Legislation/
Councilmember Phyllis Jackson urging
SB 75
support for SB 75 (Foran) to address
(48)
"deep pocket" liability, was presented.
Motion
x
Motion was made to refer the subject
All Ayes
letter to staff for response, advising
the City of Palm Desert that the Orange
County League of Cities has prepared a
slide presentation to promote SB 75.
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3. Letter from Patrick O'Connor regarding
Undrgr Utl
Underground Utilities District #11, was
Dist#11
•
presented.
(89)
Motion
x
Motion was made to refer the subject
All Ayes
letter to staff for response, advising
Mr. O'Connor of the action taken by the
City with regard to this project.
4. Letter from Nancy Skinner suggesting
City Cncl
that consideration be given to use of a
Meeting/
sign -in card by the general public when
Sign -in
addressing the Council during the City
Cards
Council meetings, was presented.
(33)
Motion
x
Motion was made to approve the use of a
All Ayes
sign -in card by the general public, as
suggested in the foregoing.
5. Report from the Executive Assistant
Council
regarding adoption of City Council
Policy
Policy F -22 - 'Human Services Reserve
F -22
Account, was presented.
(69)
Motion
x
Motion was made to adopt City Council
All Ayes
Policy F -22, as amended, revising
paragraph three, second sentence to
read, 11organizations, the City Manager
shall review......." rather than Parks,
Beaches and Recreation Commission shall
review.
6. 6. A report from Public Works Department
Community
regarding the COMMUNITY YOUTH CENTER
Yth Ctr
CONSTRUCTION, CONTRACT NO. 2511, was
C -2511
presented.
(38)
Dick Nichols, 519 Iris Avenue, addressed
the Council and stated that he was
pleased to see this project ready for
construction. However, he did feel the
residents should have had an opportunity
for input.
Motion
x
Motion was made to approve the plans and
All Ayes
specifications and authorize the City
Clerk to advertise for bids to be opened
at 11 a.m. on August 14, 1985.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 85 -18, being,
Ord 85 -18
Veh /Trfc
AN ORDINANCE OF THE CITY OF NEWPORT
Bicycles
BEACH AMENDING SECTIONS 12.56.010
(85)
AND 12.56.140 OF THE NEWPORT BEACH
MUNICIPAL CODE REGARDING THE
DEFINITION AND OPERATION OF
•
BICYCLES,
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COUNCIL MEMBERS
s� 9-o \<�P
tp
July 8, 1985 o c
ROLL
MINUTES
nnai j
was presented for second reading with
Veh /Trfc/
•
report regarding proposed revisions from
Bicycles
Assistant City Attorney, and report from
City Attorney dated June 10, 1985.
Letter from Linda L. Slaughter in
support of,banning the 3- wheel bicycles
from the Oceanfront sidewalk and from
Dona Colombero in support of not
allowing them on the Peninsula.
The City Clerk reported that after the
agenda was printed, a letter was
received from the Balboa Improvement
Association with petitions requesting
the 3- wheeled bicycles be banned from
the Ocean Front. A letter was also
received from resident Stephanie Matrix
in support of the ordinance.
Dick Hobbs, owner of Four Front Cycles,
addressed the Council and received
clarification of the ordinance from the
City Attorney.
It was noted that the proposed ordinance
would prohibit 3- wheeled bicycles,
bicycles, surrey cycles, pedicab or
other wheeled devices upon any sidewalk
in the City.
•
The following persons addressed the
Council in favor of the ordinance:
Gordon Wheeler
John Miller
Carol Weslyn
Bill Weston, Ocean Front Wheel Works,
addressed the Council, and stated that
two weeks ago they began a skate patrol
along the Edgewater Sidewalk between
Main Street and the Ferry. They are out
from 12 noon to 4 p.m. each day and from
8 p.m. to midnight each evening. As yet
they have not had any problems with the
3- wheeled bicycles on the Ocean Front.
With respect to lights on the bicycles,
battery operated lights are placed on
the bicycles for nighttime use.
In response to Council inquiry regarding
enforcement of the ordinance, the City
Manager stated that if the ordinance is
adopted, the Police Department will do
everything they can to enforce it.
Initially some educated efforts will be
made on the part of the Police
•
Department. In addition, owners of the
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL - s 1 'V ROLL Gds 9 gip July 8, 1985
MINUTES
I db7 y:1
3- wheeled bicycle rental shops will have
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a 30 -day period to adjust their
operation, post signs, etc., and notify
the renters of the legal obligations.
After a certain period of time, the City
would then issue citations for violation
of the Municipal Code.
Motion
x
Following discussion, motion was made to
All Ayes
adopt Ordinance No. 85 -18, with the
request that the City Manager report
back at the next meeting with a "plan of
action" as to how the ordinance will be
enforced by the Police Department.
2. Proposed ORDINANCE NO. 85 -20, being,
Ord 85 -20
Curfew
AN ORDINANCE OF THE CITY OF NEWPORT
Legislation/
BEACH AMENDING THE PROVISIONS OF
PD
CHAPTER 10.36 PERTAINING TO CURFEW,
(48/70)
was presented for second reading and
adoption, with report from City
Attorney;
Letters from Robin Goodenough and Dona
Colombero in support of proposed curfew,
were presented;
AND
•
3. Proposed EMERGENCY ORDINANCE, being,
Emergency
Ord /Curfew
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 10.36
PERTAINING TO CURFEW,
was presented for adoption (see report
with H -2);
The City Clerk reported that after the
agenda was printed, letters were
received from the Balboa Improvement
Association and Central Newport Beach
Association, in favor of the curfew
ordinance. In addition, letters were
received from residents Jean C.
Prebicin, John and Mimi Vestal, and
Virginia Goodenough, in support of the
ordinance.
The City Manager summarized the two
ordinances under consideration, as set
forth in the report from the City
Attorney.
Police Chief Charles Gross addressed the
Council and stated it is their intent to
use the curfew ordinance as a means of
•
providing a higher degree of protection
for young people in the community.
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\CALROLL A July 8, 1985
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Their support of the ordinance is based
Curfew
•
on the fact that the ordinance does
Legislation
provide that degree of protection. The
curfew ordinance provides an opportunity
to minimize chances of minors getting
into trouble. With respect to
enforcement of the ordinance, it would
be their policy that the officer contact
those individuals when they sense a
youth is in danger and advise those
persons of the curfew regulation. If
the individuals fail to take advantage
of the advice and do not leave the area
as requested, then those persons would
be physically delivered to their parents
by the Police Department.
In discussion of the ordinance, it was
pointed out that it would apply only to
minors who "loiter" or "idle" in certain
specified areas. It is not the intent
of the ordinance to interfere with a
person's constitutional rights.
With regard to how the proposed curfew
of 10 o'clock was chosen, the Police
Chief commented that 10 p.m. has always
been the "historic" hour for a curfew
ordinance, and he would urge the Council
to approve the 10 p.m. curfew because,
in his opinion and from his experience,
•
it does not restrict young people in
those activities which are appropriate
and which are permitted under the
ordinance.
The following persons addressed the
Council in opposition to the ordinance:
Victoria Murray, Member of the
Fountain Valley Youth Commission
Craig Schwank, ASB President,
Newport Harbor High School
Mark Tiger, President of Speech and
Debate Team, Newport Harbor High
School
Tracy Baker, Irvine resident
Cliff Ryan, Irvine resident
Fred Bockmiller, 324 Pirate Road
The following persons addressed the
Council in favor of the ordinance:
Lisa Horvath, Anaheim
David Beech, 318 Alvarado Place,
Member of the Central Newport
Community Association
Charles Bauman, President, Balboa
Improvement Association and
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Balboa Peninsula Association
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COUNCIL MEMBERS
\CAL s� o s ti v
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MINUTES
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Alfred Fitzpatrick, 5009 Seashore
Curfew
Drive
Legislation
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Lois Kaufman, 112 -32nd Street
Gino DiSano, 912 Balboa Boulevard
Sidney Bickel, 3801 Seashore Drive
Peter Ebel, 3709 Seashore Drive
Lynne Bloomberg, Vice President of
Newport Mesa PRIDE, 1300 Antigua,
addressed the Council and stated that
their organization is in contact with
parents daily who, she feels, would
support the curfew ordinance; however,
they do feel there is a need for a place
where the youth can socialize in a
healthy and safe atmosphere. She
suggested a committee be formed of
teens, community and City leaders,
church representatives and parents to
examine the possibility of
City - sponsored dances and hopefully a
long -range goal of a teen center.
Mark Armstrong, Costa Mesa, addressed
the Council regarding enforcement of the
ordinance when a minor is not carrying
identification. He also stated that if
the ordinance is adopted, he felt 10
p.m. was too early.
Heidi Katella, Irvine Resident and
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Gordon Wheeler, Balboa, addressed the
Council and suggested there be more
police protection in the problem areas
prior to adoption of a new curfew
ordinance.
Council Member Hart stated that the
City, as well as businesses and
residents, have been studying the
feasibility of a new curfew ordinance
for more than two years. The problems
are not only in the Balboa Pavilion
area, but at Newport Pier and Seashore
Drive. The City Council feels it is
time to give the residents some sort of
relief. The Council is very proud of
the City and the,City provides a great
deal for its visitors and tourists;
however, there is a limit as to how much
the residents can tolerate, as they too,
need time for relaxation. She feels the
10 p.m. curfew is appropriate, and that
11 p.m. is too late, inasmuch as it will
take the Police Department that
additional hour to quiet down the
problem areas.
•
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\CAL g�GROLL S� �9 �9 July 8, 1985
MINUTES
11LIMC Y
Mayor Pro Tem Plummer stated that she
Curfew
•
agreed with the comments of Council
Legislation
Member Hart. However, she does not feel
the curfew ordinance will solve the
problems entirely, but'does feel the
City Council is forced to enact some
type of regulation. She stated that the
City provides beaches and water
recreation to its visitors and residents
all day long, with the City "picking up
the tab." She also felt that the City
was too small to hold all of the people
on the streets that patronize the
beaches during the day, and was fearful
the crowds will soon turn into mobs.
Council Member Strauss commented that he
felt a curfew ordinance was in order,
but does not agree with the proposed
curfew of 10 p.m. He felt 10 p.m. was
unreasonable for young people and felt
that 11 p.m. was more appropriate. He
also suggested the City Council review
the subject ordinance at its October 28
Council meeting to ascertain "how it is
working out," and whether it should be
modified, etc.
Council Member Heather suggested the
Council give consideration to changing
the Emergency Ordinance to an 11 p.m.
•
curfew time and "test it out" for a
period of 30 days.
Motion
x
Following consideration, motion was made
to adopt Emergency Ordinance No. 85 -21,
with 10 p.m. curfew.
Council Member Agee stated that he was
opposed to the 10 p.m. curfew and felt
11 p.m. was a more reasonable time. He
was pleased with the Police Department's
policy with respect to enforcement of
the ordinance as stated by Chief Gross.
However, he does feel there should be
more police officers visible during the
Summer months in all of the problem
areas. He was also in favor of
investigating the possibility of more
City — sponsored youth activities, as
suggested by Mrs. Lynne Bloomberg.
In view of the foregoing comments by
Council Members Agee, Heather and
Strauss, Council Member Hart withdrew
her motion, inasmuch as the Emergency
Ordinance needs five affirmative votes
for passage.
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COUNCIL MEMBERS
Motion
Dyes
Motion
All Ayes
x
x
Red I x l x l x I x I x x Ix
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Motion
All Ayes
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x
MINUTES
July 8, 1985
Motion was made to adopt Emergency
Ordinance No. 85 -21, with an 11 p.m.
curfew, for 30 days, and with the
provision that the Emergency Ordinance
will remain in effect until the
permanent ordinance becomes effective.
Motion was made to reintroduce Ordinance
No. 85 -20 with an 11 p.m. curfew, and
pass to second reading on July 22, 1985.
I. CONTINUED BUSINESS:
1. NOMINATION TO BOARDS AND COMMISSIONS
FROM APPOINTMENTS COMMITTEE:
PARKS, BEACHES AND RECREATION
COMMISSION
Janie Arnold was assigned the green
light; and
Clyda Brenner was assigned the red
light.
Clyda Brenner was appointed to a 4 -year
term ending June 30, 1989.
J. CURRENT BUSINESS:
Emergency
Ord 85 -21
Reintroduced
Ord 85 -20
Bds /Cmsns
1. Request for waiver of fees for policemen Npt Hrbr/
used at Graduation Night at Corona del CdM High
Mar and Newport Harbor High Schools from School
Bonnie McLellan, was placed on the Request
agenda at request of the Mayor.
Mayor Maurer advised that this request
was being presented to the Council,
inasmuch as there was a misunderstanding
on the part of the two schools with
regard to police participation. The
activity was a fund - raising event
benefitting the schools, and he and
Chief Gross were of the opinion that the
fees for the on -duty policemen used at
the function should be waived.
Motion was made to grant the request.
K. ADDITIONAL BUSINESS:
None.
Meeting
5l�f /_