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Home My WebLink About04/13/1987 - Regular MeetingCOUNCIL MEMBERS •ent x x Motion All Ayes Motion All Ayes • • CITY OF NEWPORT BEACH x x x x x X x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 13, 1987 Mayor Cox presented a proclamation to Newport Harbor -Costa Mesa Board of Realtors concerning American Home Week, April 26 - May 2, 1987. A. ROLL CALL. B. The reading of the Minutes of the Meeting of March 23, 1987, was waived, approved as written, and ordered filed. C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding OCEAN FRONT BOARDWALK IMPROVEMENT FEASIBILITY STUDY. Report from Public Works Department, was presented. Letters in opposition to a separate bicycle trail were presented from the following: Phillip R. McGraw Alexa F. Hampton Stuart /Patricia McKenzie Mary /Jim Buckingham Barbara /John Mitchell Audrey /Harry Nye Patricia /Bruce Blackman Patricia Rankin Bothamley Stanton W. Davies, II Katherine R. Swigart Jack /Betty McCarthy Margo Stuart John P. Ruby Charles A. /Betty L. Banks John L. /Sallie Reynolds Edward V. /Barbara Lyon Mary Ellen Hanley Melvin /Adele Mann James /Agnes McFadden R. J. Marvick Virginia Lockabey Ian /Judy Duncan Nancy Newport Klokke Dorothy M. Newport Carolene Kinkle Alice /Howard Morgridge Dorothy Meserve William 0. Muff Mr. /Mrs. Ralph Madax Earl /Barbara Maple Charlene Fannon Volume 41 - Page 143 (74) Frnt Impry COUNCIL MEMBERS \AA , �� \P • • • CITY OF NEWPORT BEACH MINUTES April 14, 1987, Peg /Howard Rapp Barbara J. Birney Patsy A. Hollander Robin Cambre Frank /Ethel Hughes Dorothy Beek Mr. /Mrs. W. L. Van Ornum James I). Higson Margaret G. Corkett Sara Marvin Ernest "Bud" Bordier Virginia /Ray Davies, Jr. Henry /Mary Alice LeFebvre Signed petition in opposition to a separate bicycle trail from residents on W. Ocean Front, Lido Island, and the Peninsula; signed petition circulated /presented by Joe and Fran Mamelli; and signed petition circulated /presented by Mrs. Charles Banks, were presented. Letters of concern for public health, safety and cost from Assemblyman Gilbert W. Ferguson; Robert G. Vaughn and W. P. and Mildred B. Merickel, were presented. The City Clerk advised that after the agenda was printed, letters from the following were received: In opposition to a separate bicycle trail: Mr. /Mrs. Frank Spanglar Gino /Sophie Fazzi. Olga Gramlastrani Thomas Tupman Henry Buckingham Don R. Atkinson Norma Farmer Don Jones Kathleen Bambeck John Wheeler Jerry Tardie Maria Goen Mr. /Mrs. Mansoor Mr. /Mrs. Hutchison William Ficker In favor of a separate bicycle trail: David E. Updegraff Rob Patterson John Campbell Robert Lee The Public Works Director stated that prior to the presentation from the staff, he would like to make two brief Volume 41 — Page 144 2 Frnt Impry COUNCIL MEMBERS CITY OF NEWPORT BEACH April 13, 1984 MINUTES Ocean F'rnt Bdwlk Impry comments with regard to safety. He stated that the alternative to the Ocean Front location for bicyclers is Balboa Boulevard, thus removing bicycles from the Ocean Front is not necessarily an • improvement to safety. Secondly, the City is constrained as to the design standards that can be used for any new facility that may be constructed. Both State Law, and the potential of exposure to liability cause these design constraints to exist, and apply to both width and radius of curvature for a meandering of alignment. John Wolter of the Public Works Department„ addressed the Council and gave a brief technical presentation of the proposals as enumerated in the document entitled "Ocean Front Boardwalk Improvement: Feasibility Study," dated August, 1986. Mr. Wolter stated that the existing concrete walkway along the Ocean Front was constructed in the late 1930's and extends from 36th Street to "E" Street. The Ocean Front has been designated as a Class I regional bicycle trail on the Orange County Master Plan of County -wide Bikeways, and is eligible for regional • bicycle trail funding. The Ocean Front facility hats been adopted as a bicycle trail in the City's portion of the State's Coastal Plan. Mr. Wolter discussed the usage of the existing facility and referenced surveys taken in September 1985, and January, June and July, 1986, citing hourly volumes of pedestrian, bicycles and skates/skateboard usage as set forth in the subject: study. The cost estimates for the four alternatives under consideration were outlined as follows: Alternate #3 (This is the alternate recommended by the PB &R Commission) - - Rehabilitate existing sidewalk and construct 12- foot -wide bike grail: New Construction $650,000 • Landscaping 200,000 Landscaping No estimate EIR Preparation 40,000 Total $890,000 Volume 41 - Page 145 Ocean F'rnt Bdwlk Impry COUNCIL MEMBERS \\ n CITY OF NEWPORT BEACH April 13, 1987 MINUTES Ocean Frnt Bdwlk Impry Alternate H2 -- Rehabilitate existing sidewalk and widen to 22 feet: New Construction $560,000 Rehabilitation 200,000 • Landscaping No estimate EIR Preparation 40,000 Total $800,000 Alternate #1 -- Rehabilitate existing sidewalk: Rehabilitation $200,000 Alternate (14 -- Rehabilitate and narrow existing sidewalk to eight feet and construct 8- foot -wide bike trail with two 2- foot -wide shoulders (cost estimate requested by Council Member Plummer): Narrow existing sidewalk $ 30,000 Rehabilitation 180,000 8- foot -wide bike trail plus two 2- foot -wide shoulders 700,000 Landscaping No estimate • EIR Preparation 40,000 Total $950,000 Discussion ensued, wherein it was pointed out that if a new boardwalk were to be constructed, new street lights would need to be installed, and therefore, the estimated cost would be between $800,000 and $900,000. William Picker, 522 W. Ocean Front, addressed the Council and distributed a letter dated this date, together with a packet of information regarding a plan he and others had developed pertaining to use of the boardwalk. He stated they dame up with a plan they felt best served everyone in the community. It does not fully meet the demands of those who would eliminate bicyclers, nor does it fully meet the demands of some who felt that everything should be ignored in order to meet the requirements of a "class one" regional bicycle trail. He • stated they worked very hard in developing a plan that would maintain the character of the Peninsula and the residential use, as well as providing additional safety and convenience for bicyclers. Their plan received Volume 41 - Page 146 Ocean Frnt Bdwlk Impry COUNCIL MEMBERS Hof CITY OF NEWPORT BEACH April 13, 1987 MINUTES Ocean Frnt Bdwlk Impry overwhelming endorsement from their Community Association, and the block in which he resides is prepared to share the cost with the City to construct • their block per the plan they propose. In conclusion, he felt the study under consideration does not adequately address the improvement of the existing walk or the beautification that a meandering walk might provide, but merely addressed putting a "bicycle freeway" down the Ocean Front. Michael Wellborn, representing the County of Orange Environmental Management Agency, addressed the Council and stated that he had reviewed the subject feasibility study, and does concur with the staff analysis that the existing bicycle trail along the Ocean Front is "over- loaded," and in need of some new facility to handle existing bicyclists and pedestrians in this area safely. He stated that the Ocean Front is a major attraction to visiting, as well as local cyclists and the sale of bicycles is rapidly increasing. Mr. Wellborn stated that as roads become • more congested, bicycling is becoming a more viable means of transportation on a daily basis. He stated that they encourage the establishment of a separated bicycle /pedestrian facility because it will help reduce conflicts between both uses. They also feel the residents would enjoy the separated facility than one less- improved. The following persons addressed the Council in opposition to the alternative for a separate bicycle trail: John Heydorff, 908 W. Ocean Front Gerald A. Mandeson, 711 W. Balboa Boulevard Michael. Thamer, 1215 Sussex Avenue Frank Spangler, 1000 W. Ocean Front John Vestal, 3713 Seashore Drive Gertrude Vorgang, 502 E. Ocean Front: Suzy Fi.cker, 110 9th Street Albert Werlie, 504 E. Ocean Front Stuart McKenzie, 1205 W. Bay Avenue R. G. Mitchell, 2172 E. Ocean Front • Donald Regan, 924 W. Ocean Front, Member, Bicycle Trails Committee, and President, Central Newport Beach Community Association Volume 41 - Page 147 Ocean Frnt Bdwlk Impry COUNCIL MEMI y n� • Motion Motion • x x CITY OF NEWPORT BEACH MINUTES April 13, 1987 The following persons addressed the Council in favor of the alternative for a separate bicycle trail: Mary L. Moyer, 2157 Miramar Avenue Rob Patterson, 510 Catalina Drive, Chairman, Bicycle Trails Citizens Advisory Committee John Konwiser, 1907 Bayadera Terrace, Member, Parks, Beaches and Recreation Commission Carl Carlisle, Student at Cal -Poly Pomona, studying Landscape Architecture, addressed the Council and stated that their department would like to actively participate in this proposal as a senior design project for Cal -Poly. Hearing no others addressing the Council, the public hearing was closed. Discussion continued, wherein Council Member Strauss commented that our sandy beaches are an asset to the City and are irreplaceable, and he would not like to see more cement on the beaches than that which presently exists. He spoke in favor of repairing the existing boardwalk, and therefore, made a motion to accept and file the feasibility study without further action, except for rehabilitation of the existing walk. Council Member Plummer stated that she will be malting a substitute motion, inasmuch as she favors the plan proposed by Mr. Ficker and his neighbors, and which was approved by their community association. She stated that the present boardwalk has served its usefullness and needs to be replaced. She felt it also ought to be beautified in keeping with the many new homes on the Ocean Front. Therefore, motion was made to continue this public hearing and direct the staff to work with Mr. Ficker on his plan and report back at a future meeting. Council Member Turner stated he does not think it's possible to eliminate the bike path totally, inasmuch as it is a public beach and has public access. He stated that he feels safety is an issue in this area, even though the feasibility study does not reference any major accidents. He also does not feel widening the walk would necessarily solve the safety problem, and in fact, Volume 41 - Page 148 Ocean Frnt Bdwlk Impry COUNCIL MEMBERS ROLL CALL 0 • Ayes Noes • CITY OF NEWPORT BEACH X I x I x I x I x I x I x MINUTES April 13, 1987 would invite more bicyclers to the area. He therefore, requested the maker of the motion to include a request that the Police Department be directed to increase patrol along the Ocean Front, expecially during the peak period months such as mid -June to mid - September, in an attempt to keep speed under control. Further, that the City's signage program in this area be investigated to determine if the visibility of the signs can be enhanced. Council Member Maurer stated that, inasmuch as there is such a volume of opposition to the proposal for a separate bicycle trail from the residents along the Ocean Front, he felt it would be better to just improve the existing walk:. Mayor Pro Tem Hart stated that if the boardwalk is going to be rehabilitated, she wants to make sure it is repaired and replaced properly, and not just a "patch job." She, therefore, requested the maker of the motion to include a request that new street lights be installed along the boardwalk where necessary, and that benches be placed at the street ends where deemed appropriate. In response to question raised by Council Member Sansone regarding the possible elimination of bicycles along the boardwalk:, the staff advised that, inasmuch as the bicycle trail appears on the City's Master Plan, as well as the Local Coastal Plan, it would require going through the public hearing process to revise both plans. Council Member Sansone expressed his concerns with regard to potential liability on the part of the City, and stated that steps must be taken to improve the :signing along the boardwalk to advise the public that using the walk is at their own risk. Following discussion, the substitute motion made by Council Member Plummer was voted on and FAILED. Council Member Strauss indicated he accepted the additions to his motion as made by Council Member Turner and Mayor Pro Tem Hart. Volume 41 - Page 149 Ocean Frnt Bdwlk Impry COUNCIL MEMBERS All Ayes • Motion All Ayes 0 0 x CITY OF NEWPORT BEACH 0 April 13, 1987 MINUTES The motion on the floor, as amended in the foregoing, was voted on and carried. The City Manager advised that the staff will now complete their inventory of conditions in the subject area, and prepare a plan for the repair of these conditions, which will be brought back to the Council for final approval. E. PUBLIC COMMENTS: 1. Suzy Ficker, 110 9th Street, addressed the Council and suggested that helicopters be used to alert the Police Department of traffic congested intersections on the Peninsula. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on April 27, 1987: (a) Proposed ORDINANCE NO. 87 -8, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.065 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SEWER USE CHARGE EFFECTIVE JULY 1, 1987. (Report from Utilities Director) 2. RESOLUTIONS FOR ADOPTION: None. 3. CONTRACTS /AGREEMENTS: None. 4. COMMUNICATIONS - For referral as indicated: Balboa Peninsula Traffic Ord 87 -8 Utilities/ Swr Use Chg (89) (a) To Police Department for inclusion JPD in the records, letter from Maclyn B. (70) Somers, M.D., Newport Family Medicine Medical Group regarding City notice concerning parking requirements for the facility. (b) To Traffic Engineer for response, (Stop Signs letter from Robert G. Haley opposed (85) to stop signs on Sandcastle. Volume 41 - Page 150 COUNCIL MEMBERS �J • • CITY OF NEWPORT BEACH MINUTES April 13, 1987 (c) To Utilities Department for reply, Utilities/ letter from Newport Shores Npt Shrs Community Association Board of St Lightg Directors requesting the City (89) install /maintain street lighting using existing City revenues to alleviate a public safety problem. (d) To Pending Legislation and Legislation Procedural Ethics Committee, City of (48) Folsom;, California, Resolution No. 2100, urging support for maintaining the 2107 gas tax funds. (e) To Pending Legislation and Legislation Procedural Ethics Committee, City of (48) Cerritos, Resolution No. 87 -7, urging support for Congress to initiate a study to three - dimensional radar as an interim to remedy the air safety problem. (f) Removed from the Consent Calendar. (g) To Parks, Beaches and Recreation PB &R Director for reply, letters of (62) concern from Jane Davis, Robert and Letitia M. Smith, and John and Suzanne Meindl regarding alleged proposed new stadium, or sports complex for Corona del Mar High School. Note: Additional letters were received after the agenda was printed from Ella Warnock and Christine and James Stamper. (h) To Traffic Engineer for reply, Traffic/ suggestion from Mary Jane Lewis Ocean Frnt regarding in -lieu parking Pkg Lot fees /traffic at the Oceanfront (85) parking lot at Palm in Balboa. (i) To Traffic Affairs Committee for Traffic inclusion in the records, letters Affairs/ from Larry Witkowski and Martha and Bk Bay Dr Charles Somers in favor of (85) continuing to allow vehicles on Back Bay Drive. (j) To Finance Director for inclusion Finance in the records, report from (40) California State Controller's office regarding amount estimated to be paid to each city and county as its share of revenues to be apportioned during fiscal year ending June 30, 1988. Volume 41 - Page 151 COUNCIL MEMBERS •`G �� y co ��\ is CITY OF NEWPORT BEACH MINUTES April 13, 1987 (k) To Utilities Department for response, letter from Paul W. Webster opposing street lights in the vicinity of Bonnie Doone, Irvine Terrace. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Application No. 87 -02 -019 before the Public Utilities Commission of the State of California, regarding Southern California Edison Company request to change its Energy Cost Adjustment Billing Factor, etc. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Patricia Ann McMorrow alleging personal injuries as a result of fall at: Jamboree Road and University Drive, on February 14, 1987. Utilities/ St Lights Bonnie Doone (89) (36) (b) Jeff T. Perrin alleging his vehicle Perrin towed 1'n error at 1500 block of Superior Avenue, (east side) on March 1.8, 1987, and seeking reimbursement of towing fee. (c) Southern Califonia Edison Company SoCAEdsn alleging City contractor damaged power pole W/O Dover, S/0 16th Street on February 20, 1987. (d) Jonathan Tyree alleging his vehicle Tyree towed in error in vicinity of 208 Lugonia Street, seeking reimbursement of towing fee, loss of income, damages to car, punitive damages, etc. 7. SUMMONS AND COMPLAINTS - For denial and I(36) confirmation of the City Clerk's referral to the claims adjuster: (a) Deborah A. Branca for assault, battery, false imprisonment, emotional distress, etc., Orange County Superior Court, Case No. 490414,. Claim was denied by City Council December 9, 1986. (b) Steven Wayne Brandon for negligence and intentional infliction of emotional. distress, Orange County Superior Court, Case No. 45- 67 -40. Claim was denied by City Council October 22, 1984. Volume 41 - Page 152 CITY OF NEWPORT BEACH COUNCIL MEMBERS �4pyA�c y�� f ��9G92��9G9 April 13, 1987 E. • is 10 E • MINUTES REQUEST TO FILL PERSONNEI. VACANCIES: (Report from the City Manager) (a) Approve one Parking Control Officer, Traffic Division. (b) Approve one Librarian I (Children), Newport Center Branch. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from City Attorney regarding fees for O'Donnell & Gordon from March 1 - April 30, 1987. (b) Notice regarding change in office of Secretary- Treasurer (Carl Neisser) for Arts Commission. (c) Memorandum from the Executive Assistant to the City Manager recommending approval of grant of $10,000 to the Newport -Costa Mesa YMCA. PUBLIC HEARING SCHEDULING - For April 27, 1987: (a) APPLICATION FOR 1987 /88 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Report: from Planning Department) (b) REQUEST' FOR RESIDENTIAL DENSITY BONUS -• Request of MESA DEVELOPMENT CO., INC., Costa Mesa, to permit the construction of a fifteen unit low - income apartment development (located at 849 - 15th Street) which includes a fifty percent density bonus in accordance with Section 65915 of the California Government Code, and the acceptance of an Environmental Document. A modification to the Zoning Code is also requested so as to allow covered parking spaces, within the front one -half of the lot, which are not fully enclosed with side walls and garage doors; and approval of a TRAFFIC STUDY to permit the construction of the fifteen unit apartment complex is also requested. (Report from Planning Department) Volume 41 - Page 153 (66) O'Donnell & Gordon C -2331 (38) Arts Cmsn (24) Budget (25) CDBG /HUD (87) Mesa Dvlpm Zoning (94) Study • • CITY OF NEWPORT BEACH COUNCIL MEMBERS \11\�� April 13, 1987 MINUTES 11. SPECIAL EVENTS PERMITS: (Report from Business License Supervisor) (a) Uphold staff's recommendation for approval, subject to conditions for: Application 1187 -045 - Balboa Bay Club Chili Cook -off, for amplified sound on May 21, 1987. (b) Uphold staff's recommendation for denial for: Application 1187 -061 - Use of public beach for Multihull Racing Association, at Balboa Pier on July 26 and 27, 1987. 12. PLANNING COMMISSION AMENDMENT NO. 637 TO THE NEWPORT PLACE. COMMUNITY DEVELOPMENT PLAN - Approve a subdivision agreement guaranteeing completion of the public improvements required with PCA 637 (Parcel No. 1 of Parcel Map 61 -9 [ Resubdivision No. 423], located at 990 Dove Street;, on the southerly side of Bowsprit Drive between Dove Street and MacArthur Boulevard, in the Newport Place Planned Community); and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) 13. RESUBDIVISION NO. 808 - Accept the public improvements constructed in conjunction with Resubdivision No. 808 (a portion of lot 817 of the First Addition to the Newport Mesa Tract, located at 1327, 835, 843, and 847 15th Street, on the southerly side of 15th Street, between Placentia and Monrovia Avenues, in the West Newport Triangle area); and authorize the City Clerk to release the Faithful Performance Surety Bond (No. 1076329) and release the Labor and Materials Bond (No. 1076329) in six months, provided no claims have been filed. (Report from Public Works Department) 14. RESUBDIVISION NO. 835 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 835 (Lots 435, 436, and 437, Tract No. 807, located at 904 -908 Zurich Circle, at the northeasterly corner of Via Zurich and Zurich Circle, on Lido Isle); and Volume 41 - Page 154 Permit/ Special Evnt (65) 1187 -045 1187 -061 PCA 637/ Npt Pl CDP (94) (84) (84) L.M. 835 COUNCIL MEMBERS cy � • • • CITY OF NEWPORT BEACH MINUTES April 13, 1987 authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) 15. RESUBDIVISION NO. 724 - Accept the public improvements constructed in conjunction with Resubdivision No. 724 (Lots 1 through 7, Block B, Bayside Tract, and portions of Section 35, Township G, South, Range 10 West, San Bernardino Meridian located at 600 Edgewater Avenue, bounded by East Bay in Central Balboa); and authorize the City Clerk to release the Faithful Performance Bond (No. CA104454) and release the Labor and Materials Bond (No. CA104454) in six months, provided no claims have been filed. (Report from Public Works Department) 16. RESUBDIVISION NO. 745 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 745 (a portion of Block D of the Corona del Mar Tract located at 311 Carnation Avenue and Bayside Drive, northwesterly of Seaview Avenue in Corona del Mar); and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) 17. RESUBDIVISION NO. 824 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 824 (a portion of Block D, Corona del Mar Tract, located at 307 Carnation Avenue on the northwesterly side of Carnation Avenue between Seaview Avenue and Bayside Drive in Corona del Mar); and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) 18. ACQUISITION OF POLICE PATROL DOGS - Accept offer of a $4,000 donation each, from Williard S. Voit, and Donald S. Burns (Burns Family Foundation). (Memo from Police Chief and letters attached) 19. BUDGET L14ENDMENTS - For approval: BA -083 - $13,100, Decrease in Unappropriated Surplus to provide for Hazardous Materials Disclosure Program; General Fund. Volume 41 - Page 155 Resub 724 (84) Resub 745 (84) (84) 70) (25) 824 COUNCIL MEMBERS is Motion • x CITY OF NEWPORT BEACH MINUTES April 13, 1987 BA -084 - $4,000, Increase in Budget Appropriations and Revenue Estimates for purchase of patrol dog [donation from W. S. Voit); Police Patrol Fund. (See agenda item F -18) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Mike Hilford with opinions PD /Helicop- and supporting arguments regarding ters police helicopters, was presented. (70) Mike Hilford, 511 Kings Road, addressed the Council and stated that he represented a group of residents for the peaceful elimination of police helicopters„ He stated it is their feeling that helicopters are less effective than patrol cars, and not as effective as they are promoted to be. He stated their major issue is concern for safety. He commented they are not attacking the police department, only the subject of their helicopters, which they feel is deteriorating their standard of living. He requested the Council delay the purchase of a new helicopter for six months to allow them sufficient time to gather information and educate the public as to what helicopters really do. He stated that helicopters cost approximately $400 per hour to operate, which is equivalent to 10 patrol cars. In conclusion, he requested they be furnished with data regarding: 1) helicopter safety records; 2) helicopter log; 3) cost information; 4) number of patrol cars that actually patrol in residential neighborhoods; and 5) helicopter ride- alongs,. Motion was made to refer the subject letter to the Police Department for reply, with carbon copy to the City Council, and that Mr. Hilford be invited to the budget study session when the purchase of a police helicopter will be considered, or at the time the Council may consider a supplemental appropriation for its purchase. Council Member Sansone recommended the staff investigate possible joint helicopter use with the Cities of Costa Mesa, or Huntington Beach on a lease basis. Volume 41 - Page 156 COUNCIL MEMBERS mot • • • CITY OF NEWPORT BEACH MINUTES April 13, 1987 The City Manager stated that, inasmuch as the Police Department's budget will be reviewed at the April 27 study session, Council Member Sansone's suggestion could be addressed at that time. Nancy Ann Willcox, 344 22nd Street, Costa Mesa, addressed the Council and stated that where she resides she also is inconvenienced by helicopter noise from both Costa Mesa and Newport Beach. She stated that she has been awakened by these helicopters on nights too numerous to count. She stated that many cities have ordinances regulating helicopter noise throughout the night, and yet Newport Beach's helicopter creates the greatest disturbance during this time. Ms. Wilcox stated that she would challenge the police department to produce any scientific evidence that their helicopter patrols prevent crime. She stated that despite the presence of two helicopters, their house and their neighbor's house was burglarized. In other words, policemen prevent crime, not helicopters. She stated that in her opinion, the most basic issue is whether the advocates of routine helicopter patrolling have the right to impose their desires onto the opponents of such patrolling, and in doing so, violate their constitutional rights of privacy and their local rights of peace and quiet. In conclusion, she stated that no one objects to emergency use of the helicopter, and suggested this be considered the proper use. Charles Gardner, 2191 Pacific Avenue, Costa Mesa, addressed the Council and expressed his concerns with regard to helicopter safety. He stated that he felt helicopters are an effective police tool if used properly. He questioned why helicopters fly so low along the beach, (less than 100 ft. in altitude) particularly in the summer months. He stated that there is a total of 10 helicopters (from the Cities of Newport Beach, Costa Mesa, Huntington Beach, and the County Sheriff's Department) that patrol an area less than 50 square miles. He stated be felt this was an "over- kill," and that too much money was being spent on what has been termed as a "high -tech toy." He stated he was opposed to spending anymore money on helicopters until the report has been Volume: 41 - Page 157 PD /Helicop- ters COUNCIL MEMBERS S • All Ayes • Motion All Ayes is CITY OF NEWPORT BEACH x MINUTES April 13, 1987 made as to what actually caused the recent helicopter accident. He also suggested an Environmental Impact Report be prepared by the Police Department as to the impact of helicopters on residents, i.e., noise, lights at night, altitude, etc. He stated he was in concurrence with Council Member Sansone regarding the feasibility of sharing helicopter use with neighboring cities. The motion on the floor was voted on and carried. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. APPEAL OF SUSAN PHILLIPS from denial by Public Works staff to construct a new driveway on Apolena Avenue, to encroach 3.5 feet into South Bay Front and 2 feet into Apolena Avenue with an 18 -inch high raised brick patio and low picket fence, was presented. Report from Public Works Department, was presented. The City Clerk advised that after the agenda was printed, a letter was received from the Balboa Island Improvement Association in support of the requested garage entrance on Apolena and the Bay Front encroachment. Council Member Maurer stated that he had viewed the site in question and spoke in support of the request. Therefore, motion was made to approve the driveway approach, and approve brick patio encroachments at 18" as requested, with picket fences no more than 3 feet in height above the back of the sidewalk, to encroach 3.5 feet into South Bay Front and 2.0 feet into Apolena Avenue, subject to execution of an Agreement for nonstandard improvements. 2. PROPOSED RESOLUTION ESTABLISHING THE CITY COUNCIL AD HOC AIRPORT COMMITTEE, was presented. Volume 41 - Page 158 ?ermit (65) Hoc Cmte COUNCIL MEMBERS ! .o y n s Gay CG A F.p �cn V Motion • Motion All Ayes • x X CITY OF NEWPORT BEACH MINUTES April 13, 1987 Motion was made to adopt Resolution No. 87 -40, and appoint Council Member Turner (Chairman), Council Member Strauss and Mayor Pro Tem Hart to the City Council Ad Hoc Airport Committee. 3. PLANNING COtMfISSION VACANCY: Motion was made to accept the nominations of the Appointments Committee of Jan Debay and Sterling Wolfe to fill the unexpired term of Pat Eichenhofer, ending June 30, 1988. Meeting adjourned at 9:40 p.m. The agenda for this meeting was posted on April 9, 1987, at 9:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. I ATTEST: rj ty Volume 41 - Page 159 Res 87 -40 (24) lanning