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HomeMy WebLinkAbout04/11/1977 - Regular MeetingCOUNCILMEN A0— ROLL CALL Regular Council Meeting Place: Council Chambers Time: 7:30 P.M. Date: April 11, 1977 MINUTES JUDY- Present x x x x x x Roll Call. Absent x The reading of the Minutes of the Regular Meeting of M• on x March 28, 1977 was waived, and said Minutes were Ayes x x x x x x approved as written and ordered filed. Absent x The reading in full of all ordinances and resolutions Motion x under consideration was waived, and the City Clerk was Ayes x x x x x x directed to read by titles only. Absent x HEARINGS: 1. Mayor Pro Tem Barrett opened the continued Glasser public hearing regarding the appeal by Alec Appeal Glasser, Corona del Mar, from the decision of the Planning Commission on February 10, 1977, which denied Mr. Glasser's appeal and sustained the action of the Modifications Committee denying a request for alterations to an existing garage and storage area with nonconforming features (Modifi- cation No. 2006). The property is located at 514 Poinsettia Avenue, between Second and Third Avenues in Corona del Mar. Alec Glasser, applicant, and Kristine Faison addressed the Council and asked for approval of the request. Motion x Mr. Glasser was granted two additional minutes � x x x x x' x for his presentation. Unt x Motion x The hearing was closed after it was determined Ayes x x x x x x that no one else desired to be heard. Absent x Motion x Councilman Kuehn made a motion to overrule the recommendation of the Planning Commission. The City Attorney advised that if the modification were to be granted, certain findings would have to be made as required in Section 20.81.060(B) of the Municipal Code. Councilman Kuehn amended her motion to include the findings that the use would not be detrimental to the health, safety and welfare of the people in the neighborhood nor to the property that is contiguous, and that the intended modification is compatible with the legislative intent of the Zoning Ordinance. Motion x The hearing was reopened to allow the Council to Ayes x x x x x receive additional testimony from Alec Glasser Noes x regarding alternative means for adding storage. Absent x f x The hearing was closed. eion s x x x x x x Absent x i Volume 31 - Page 91 COUNCILMEN 9p `%� \'P p ROLL CALL April 11, 1977 MINUTES hIM Ayes x A vote was taken on Councilman Kuehn's amended Noes x x x x x motion, which motion failed to carry. �ent x 2. Mayor Pro Tem Barrett opened the public hearing Buildin, regarding Ordinance No. 1723, being, Site 0-1723 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.87.090 OF THE NEWPORT BEACH MUNICIPAL CODE, REDEFINING °BUILDING SITE ", Planning Commission Amendment No. 489, a request initiated by the City of Newport Beach. A report was presented from the Community Develop- ment Department. Mayor Dostal joined the meeting and took his seat at the Council table. Michael Ray, representing Jim Ray, owner of a portion of the property at 3444 -3446 East Coast Highway, Corona del Mar, addressed the Council and urged adoption of the ordinance. Motion x The hearing was closed after it was determined no Ayes x x x x x x one else desired to be heard. Abstain x on x Ordinance No. 1723 was adopted as recommended by s x x x x x x the Planning Commission. Abstain x 3. Mayor Dostal opened the public hearing regarding Prezoni proposed Ordinance No. 1724, being, C.B.S. Publish AN ORDINANCE OF THE CITY OF NEWPORT BEACH Site PREZONING UNINCORPORATED TERRITORY LOCATED ON 0 -1724 THE WESTERLY SIDE OF MONROVIA AVENUE AT ITS INTERSECTION WITH 15TH STREET, NORTHERLY OF THE NEWPORT CREST RESIDENTIAL COMPLEX, ADJACENT TO THE CITY OF NEWPORT BEACH, IN THE EVENT OF SUBSEQUENT ANNEXATION, AND ESTAB- LISHING PLANNED COMMUNITY DEVELOPMENT STANDARDS FOR THAT PORTION OF THE C.B.S. PUBLISHING SITE ON PROPERTY LOCATED IN THE CITY OF NEWPORT BEACH, Planning Commission Amendment No. 491, a request of United California Bank, Trustee, Los Angeles for the prezoning and the acceptance of a Negative Declaration. A report was presented from the Community Develop- ment Department. Neal Blaney, representing the United California • Bank, addressed the Council and stated he was present to answer any questions. Michael Cornwell and Dan Rogers, residents of Newport Crest, addressed the Council and 1 Volume 31 - Page 92 ng ing CITY OF NEWPORT BEACH COUNCILMEN MINUTES -P 9 �O ROLL CALL \ \ April 11, 1977 protested the noise created by the heating /air- conditioning system in connection with the present C.B.S. Publishing site and opposed any additions. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Motion x The Negative Declaration was accepted, and Ordi- Ayes x x x x x x x nance No. 1724 was adopted, as recommended by the Planning Commission with modification to include noise attenuation. 4. Mayor Dostal opened the public hearing regarding Newport Planning Commission Amendment No. 488, a request Place of Bill Langston, Newport Beach, to amend the Planned Community Development Plan for "Newport Place" to permit changes in the Land Use Map and Text, and the acceptance of an Environmental Document. The Planned Community is bounded by Birch Street, MacArthur Boulevard, Jamboree Road and Bristol Street. A report was presented from the Community Develop- ment Department. Bill Langston, applicant, addressed the Council. Motion x The hearing was closed after it was determined Ayes x x x x x x x that no one else desired to be heard. Won x The Environmental Document was accepted, and Ayes x x x x x x x Resolution No. 9050, amending the Planned Com- R -9050 munity Development Plan for "Newport Place" to permit changes in the Land Use Map and Text (Amendment No. 488), was adopted. ORDINANCES FOR SECOND READING AND ADOPTION: 1. Ordinance No. 1721, being, Animal Control AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1721 AMENDING SECTION 7.04.100 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO BITING DOG REPORT, was presented for second reading. Motion x Ordinance No. 1721 was adopted. Ayes x x x x x x x 2. Ordinance No. 1722, being, Harbor Regulations AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1722 AMENDING SECTIONS 17.20.010 AND 17.20.020 OF THE NEWPORT BEACH MUNICIPAL CODE IMPOSING DUTY ON THE HARBOR PERMIT HOLDER TO COMPLY WITH DOCKING AND VESSEL TIE -UP REGULATIONS, was presented for second reading. Marine Director David Harshbarger gave a brief staff report. Motion x Ordinance No. 1722 was adopted. Ayes x x x x x x x Volume 31 - Page 93 CITY OF NEWPORT BEACH COUNCILMEN MINUTES 'Ap ' 9 pp flt \n 9 s F cF9�� 9� ROLL CALL April 11, 1977 INDEX 3. Ordinance No. 1725, being, Parking Prohibitions AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1725 • AMENDING CHAPTER 12.40 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING SECTION 12.40.035; AMENDING SECTION 12.40.040 AND SECTION 12.40.190 DEALING WITH THE CAUSES FOR REMOVAL AND STORING OF VEHICLES, was presented for second reading. Peg Forgit addressed the Council regarding their parking problem in the Old Newport area. Motion x Ordinance No. 1725 was adopted. Ayes x x x x x x x 4. Ordinance No. 1684, being, Newsracks 0 -1684 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.60 TO TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE REGULATION OF NEWSPAPER RACKS AND STANDS, was presented for second reading. A letter from Arvo Hasps was presented restating his remarks of August 9, 1976. Arvo Hasps, owner and publisher of the Ensign newspaper,addressed the Council and opposed the ordinance. Motion x Ordinance No. 1684 was adopted. Ayes x x x x x x x CONTINUED BUSINESS: 1. Initiative Petition concerning dedication of parks Atherton and recreation lands: Initiative Supplemental information was presented from Councilman Williams. A report was presented from the Parks, Beaches and Recreation Commission. Mike Johnson, Chairman of the Parks, Beaches and Recreation Commission, John Stuart, Jean Watt for SPON and Dr. Gene Atherton addressed the Council in favor of adoption of the initiative ordinance. Motion x Mr. Stuart was granted three additional minutes Ayes x x x x x x x for his presentation. Motion x The following ordinance was introduced and passed Ayes x x x x x x to second reading on April 25, 1977: Noes x Ordinance No. 1726, being, AN ORDINANCE 0 -1726 • REQUIRING DEDICATION OF LAND, OR PAYMENT OF FEE, OR BOTH FOR PARK AND RECREATIONAL FACILITIES IN SUBDIVISIONS. i Volume 31 - Page 94 CITY OF NEWPORT BEACH COUNCILMEN PO ROLL CALL 9 O� \C+ v�o 'c y2 s � April 11, 1977 MINUTES an 2. The appointment of a member to replace William CEQCAC R. Holmes as a member on the Environmental on x Quality Control Citizens Advisory Committee x x x x x x x was postponed to April 25. CURRENT BUSINESS: 1. A letter from Duane C. Black was presented advising Bicycle that he and his wife have moved to Long Beach, and Trails that he will no longer be able to serve on the CAC/ Bicycle Trails Citizens Advisory Committee. Board of Library Duane Black's resignation from the Bicycle Trails Trustees Citizens Advisory Committee and Pat Black's resignation from the Board of Library Trustees Motion x were accepted with regret; the City Clerk was Ayes x x x x x x x, directed to prepare Certificates of Appreciation; the appointment of a replacement member for Duane Black on the Bicycle Trails Citizens Advisory Committee was postponed to April 25; and the appointment of a member to the Board of Library Trustees to fill the unexpired term of Pat Black ending June 30, 1977 was referred to the Council Appointments Committee. Motion x 2. The Mayor was directed to send a letter to the Solid Ayes x x x x x x x General Services Agency of Orange County requesting Waste the County to reconsider an amendment to the County Solid Waste Management Plan to provide for an additional transfer station facility in the vicinity of the Orange County Airport. 3. Letters from the Harbor Towing Co, and Coast Police Towing Service requesting an increase in rates for Tow True Motion x towing and storage were referred to staff for Service Ayes x x x x x x x report back on April 25. 4. A report was presented from the Public Works Encroach Director regarding the request of Stewart Woodard ment/ to construct an automobile bridge with with 3601 Oce railings to serve as a garage approach at 3601 CdM Ocean Boulevard, Corona del Mar. Mayor Pro Tem Barrett stepped down from the Council table due to a possible conflict of interest. Stewart Woodard, applicant, addressed the Council. Lars de Jounge, President of the Friends of Inspiration Point, addressed the Council and asked that action be deferred pending a court decision on the adjacent lot. Motion x The application of Stewart Woodard was approved, Ayes x x x x x x subject to the applicant's signing a hold - harmless Abstain x agreement. • Mayor Pro Tem Barrett resumed his seat at the Council table. 5. A report was presented from the Public Works Jamboree Director regarding Jamboree Road widening from Road Eastbluff Drive (North) to MacArthur Boulevard. Widening Volume 31 - Page 95 an CITY OF NEWPORT BEACH COUNCILMEN MINUTES \ALL O .ckPA ROLL C T \ \ April 11, 1977 Motion x The following resolutions were adopted: Ayes x x x x x x Resolution No. 9051 authorizing the Mayor and R -9051 City Clerk to execute a Cooperative Agreement between the County of Orange and the City of Newport Beach for construction of roadway improvements in unincorporated county area at the southwesterly corner of Jamboree Road and Bristol Street. Resolution No. 9052 authorizing the Mayor and R -9052 City Clerk to execute a right -of -way certifi- cation for Jamboree Road widening from Eastbluff Drive (North) to MacArthur Boule- vard. 6. A report was presented from the Marine Department Boat regarding a request from the Imua and Newport Storage Outrigger Clubs to store and launch canoes from the public bay beach street -ends at 10th and 19th and West Bay respectively. Motion x Councilman Ryckoff made a motion to approve the permit, subject to the conditions of approval recommended by the staff. Craig Leeper, representing both outrigger clubs, addressed the Council and stated he was present to answer questions. x x x x x x x A vote was taken on Councilman Ryckoff's motion, which motion carried. 7. A report was presented from the Marine Department Harbor regarding Harbor Permit Application #0111 -100 by Permit Dover Shores Community Association to maintenance dredge and to place the dredged material on North Star Beach. Marine Director David Harshbarger gave a brief staff report. Motion x The application was approved, subject to the Ayes x x x x x x x conditions of approval recommended by staff. CONSENT CALENDAR: Motion x The following items were approved by one motion affirm - Ayes x x x x x x x ing the actions on the Consent Calendar. 1. The following ordinance was introduced and passed to second reading on April 25, 1977: (a) Removed from the Consent Calendar. 2. The following resolutions were adopted: (a) Resolution No. 9053 recognizing the First of Law Day • May as Law Day. (Attached) R -9053 (b) Resolution No. 9054 approving the destruction Juvenile of Juvenile Arrest Records ordered sealed by Arrest the Court. (Attached) (Report from the City Records Attorney attached) R -9054 Volume 31. - Page 96 COUNCILMEN •pp dg� 9 Op 9� 'FG ?�C c��9m \L !y �S 94vP�.�9( p��y ROLL CALL \ \ April 11, 1977 MINUTES lluncv (c) Resolution No. 9055 approving a Subdivision Resub 538 Agreement between The Irvine Company and the R -9055 City of Newport Beach and authorizing the • Mayor and City Clerk to execute same (Resub- division No. 538). (Report from the Public Works Director attached) (d) Resolution No. 9056 awarding a contract to Utilities the Griffith Company for site improvements - Service 16th Street Utilities Storage Yard, Contract Yard No. 1905. (Report from the Public Works R -9056 Director attached) (e) Resolution No. 9057 awarding a contract to Traffic the Paul Gardner Corp. for a traffic signal Signal at Coast Highway and Prospect Street, Con- PCH /prospect tract No. 1791. (Report from the Public R -9057 Works Department attached) (f) Removed from the Consent Calendar. (g) Resolution No. 9058 establishing a two -hour Parking parking time restriction on Marine Avenue Meters from alley immediately south of North Bay R -9058 Front, southerly to a point 60 feet south of Park Avenue, and rescinding Resolution No. 5673. (Report from the Public Works Depart- ment attached) (h) Resolution No. 9059 awarding a contract to CdM Beach Gordon Kilmer Enterprises, Inc. for the Concession operation of the two food concessions at the R -9059 Corona del Mar State and City Beach Park. (Report from the City Attorney attached) (i) Resolution No. 9060 declaring that weeds and Weed other public nuisances exist upon streets, Abatement alleys, sidewalks, parkways, and private R -9060 property within the City, declaring that said weeds and public nuisances must be abated, setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing; and setting the hearing for April 25, 1977. 3. The following communications were referred as indicated: (a) Refer to staff for report back, a letter from Mooring George Theakos requesting refund of the Fee $73.50 late charge on his mooring. (Attached) Rebate 4. The following communications were referred to the City Clerk for filing and inclusion in the records: (a) A letter from D. T. Daniels for Ardell Mariners Investment Company with comments regarding Mile the Mariners, Mile Specific Area Plan. (Copies mailed to Council) i Volume 31 - Page 97 COUNCILMEN 0 v pp'ps. 'Fp iii � F t°��y��'F� C�p�y�' ?ys ROLL CALL \ \ April 11, 1977 MINUTES h1mcw (b) Removed from the Consent Calendar. (c) A letter from Warren G. Althoff regarding the • Newport Beach pier concessions. (Copies mailed to Council) (d) Copy of a letter to the President of the Balboa Island Ferry Co. from Kim Lathrop protesting apparent discrimination regarding the collection of fares. (Attached) (e) Copy of a letter to the California Coastal Commission from Shirley Knutsen with comments in response to the Coastal Commission Inter- pretive Guidelines. (Copies mailed to Council) (f) Copy of a letter to the Orange County Harbor Municipal Court from Mary Beth Sallis of Brea protesting the markings for the meters in one of the City's pier parking lots. (Copies mailed to Council) (g) A letter from Louella Sexsmith of Lone Pine, with a copy of her parking ticket, protesting that the meters in the City parking lot near 21st Street are inaccurate. (Copies mailed to Council) (h) A letter from the State Solid Waste Manage- ment Board regarding changes to the third draft of the proposed regulations to imple- ment the Z'berg- Kapiloff Solid Waste Control Act of 1976. (Copies mailed to Council) (i) A letter from the Department of Housing and Community Development regarding water conservation. (Copies mailed to Council) (j) A letter from California Water Resources Association enclosing a speech by the Associ- ation's Executive Manager and urging support for legislation to bring about necessary changes in the State's policies regarding resources. (Copies mailed to Council) (k) A resolution of the City of Garden Grove requesting additional information of the California Army National Guard with respect to the proposed future operations of the Armed Forces Reserve Center at Los Alamitos. (1) A letter from We T.I.P. (We Turn In Pushers) regarding its 1977 convention. (Attached) (m) Agenda of the Board of Supervisors meetings held March 29, 30, April 5 and 6, 1977. • (n) Letter from S.P.O.N. regarding General Plan E.I.R., hotels, moratorium and the park dedication initiative. (Attached) Volume 31 - Page 98 •, i` Pi. _ .; is COUNCILMEN OO o(PNA�FS2 ROLL CALL \ \ April 11. 1977 MINUTES IN r%rV 5. The following claims were denied and the City Claims Clerk's referral to the insurance carrier was • confirmed: (a) Claim of Ancka Petroni for damages to her Petroni property at 306 Lindo, Balboa on January 9, 1977, allegedly caused when a City vehicle damaged the water service line to the house. (b) Claim of Park Newport Apartments, One Park Park Npt Newport, Newport Beach, for damages allegedly Apartments caused when a main line sewer stoppage caused an overflow through a relief pipe at that address on February 16, 1977. (c) Claim of Douglas Wilson for damages allegedly Wilson caused by a blocked main City drain, which made the toilet overflow in his property at 418 Seaward Road, Corona del Mar on Saturday, March 12, 1977. (d) Claim of Enid Jane Chamberlin for personal Chamberlin injuries and damages as a result of a fracture to her left foot when she stepped in a deep crack in the pavement while crossing the street in the crosswalk (21st Street near the Spaghetti Factory) on March 13, 1977. (e) Claim of Libbie Earlene Brown for damages to Brown her car from a City truck which backed into her car while she was stopped at the signal on the corner of Superior and Pacific Coast Highway on March 23, 1977. (f) Claim of Phillip King for damages to property King at 221 43rd Street on April 2, 1977, allegedly caused by police officers in the performance of their duty. (g) Claim of Jamie John Myers for damage to his Myers vehicle, allegedly caused when he was struck by a City vehicle on February 18, 1977. (h) Claim of Jeffrey M. Smith for personal Smith injuries allegedly sustained when he was thrown from his skateboard due to a defect in the sidewalk in front of 1926 W. Ocean Front. (i) Claim of Bob Hines, Felix Leon Taylor, Mack Hines, et al Alvin Hines, Nash Hines, and Unice Sperman, alleging the wrongful death of Joe Hines which occurred in the parking lot of Albert - son's Market, 3049 East Coast Highway, on or about December 17, 1976. 6. The City Clerk's referral of the following Summons and Complaint to the insurance carrier was . confirmed: (a) Summons and Complaint in Inverse Condemnation Joseph of Coldie Joseph, Case No. 26- 56 -98, in Orange County Superior Court. i Volume 31 - Page 99 COUNCILMEN '•t 4 %r' $2s ROLL CALL \ \ April 11, 1977 MINUTES inimrw 7. The following request to fill personnel vacancies was approved: (Report from the City Manager) • (a) One Police Officer in the Police Department to fill a position now vacant. (b) One Laborer in the General Services Depart- ment to fill a position now vacant. 8. The following staff report was received and ordered filed: (a) Removed from the Consent Calendar. 9. The work on the Construction of Utilities Service Utilities Yard at 949 West 16th Street, Contract No. 1711, Service was accepted; and the City Clerk was authorized to Yard file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (Report from the Public Works Director) 10. The work on the Alley Improvements - Balboa Alley Impry Peninsula, 1976 -77, Contract No. 1853, was ac- Balboa Penn cepted; and the City Clerk was authorized to file a Notice of Completion and to release the bonds 35 days after Notice of Completion has been filed. (Report from the Public Works Director) 11. The following maintenance dredging harbor permits Harbor were approved subject to the conditions of Permits approval under the general permit issued by the Corps of Engineers: #105 -2215, Nancy Sattler, 2215 Bayside Drive; #101 -104, California Recreation Company, 1601, 1353 and 1401 Bayside Drive. (Report from the Marine Department) 12. The following harbor permit application was Harbor approved subject to the conditions of approval Permits recommended by the staff: (a) Application #200 -919 of McLain Enterprises to revise existing slips at 919 Bayside Drive. (Report from the Marine Department) 13. The following budget amendments were approved: BA -81, $20,000 increase in Budget Appropriations and increase in Revenue Estimates, second phase of noxious gas seepage control program and Caltrans 50% contribution, from Unappropriated Surplus and Donations and Contributions, General Fund. (Report from the Public Works Director Director attached) BA -82, $384 transfer of Budget Appropriations for salary for temporary Clerk- Typist from April 4 through April 15, from Unappropriated Contingency Reserve to Services - Professional, Technical, Etc., General Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report was presented from the Public Works Parking Department regarding the parking meters on Via Meters Oporto. Volume 31 - Page 100 91 M11 COUNCILMEN 9 �� y �p 9 F cF� s ROLL CALL April 11, 1977 MINUTES INDEX to g/ tr dg art ures Motion x Councilman Rogers made a motion to introduce Ordinance No. 1727 and pass to second reading on April 25, 1977. Motion x Councilman Ryckoff made a substitute motion to Ayes x x x send the ordinance back to the Traffic Affairs Noes x x x x Committee for reconsideration, which motion failed to carry. A vote was taken on Councilman Rogers' motion, which motion carried, and the following ordinance Ayes x x x x x was introduced and passed to second reading on Noes x x April 25, 1977: Proposed Ordinance No. 1727, being, AN ORDINANCE 0 -1727 OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040 OF THE NEWPORT BEACH MUNICIPAL CODE DELETING TWELVE -HOUR METERS ON VIA OPORTO BETWEEN VIA LIDO AND 32ND STREET. (Report from the Public Works Department attached) 2. A report was presented from the Community Develop- Off -si ment Department regarding a request to accept an Parkin off -site parking agreement for a portion of the Npt Cn required parking spaces in conjunction with the Med B1 construction of Newport Center Medical Building No. 3, located at 1481 Avocado Avenue in Newport Center. Frank Rhodes, one of the owners of the property, addressed the Council and stated they would accede to Council's wishes regarding parking. Resolution No. 9061, authorizing the Mayor and R -9061 City Clerk to execute an off -site parking agreement between Causey & Rhodes, Builders and Developers, and the City in connection with construction of Newport Center Medical Building No. 3 - 1481 Motion x Avocado Avenue, was adopted, subject to an Ayes x x x x x x x additional condition that 2% of the parking be reserved for the handicapped. 3. A report from the City Attorney regarding regula- "Moped Motion x tion of "Mopeds" was received and ordered filed, Ayes x x x x x x x and the staff was instructed to make the pamphlet on regulations available to the "Moped" industry. 4. A letter from the League of Women Voters of Counci Orange Coast was presented complaining about the Proced manner in which some "Additional Business" items are occasionally handled by Council. Per Trebler, speaking as a member of the Community Development Citizens Advisory Committee and of the Parks, Beaches and Recreation Commission, addressed the Council and stated that, like the League of Women Voters, he was not taking issue with the substance of the Council's decision regarding the Carden School lease /Senior Citizens - Center, but with the way in which the action was taken. Motion x The letter was referred to the City Clerk for Ayes x x x x x x x filing and inclusion in the records. i Volume 31 - Page 101 to g/ tr dg art ures COUNCILMEN oc�� P \ F ROLL CALL A ril 11 1977 MINUTES Water Rates 0 -1728 Animal Control PB&R Comsn ADDITIONAL BUSINESS: I. Ordinance No. 1728, being, AN ORDINANCE OF THE • CITY OF NEWPORT BEACH AMENDING SECTION 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD AN EMERGENCY SURCHARGE OF TEN PERCENT (10 %) TO THE CITY'S WATER QUANTITY RATE AND A FIFTY PERCENT (50 %) SURCHARGE FOR QUANTITY RATES FOR WATER USED FOR GRADING PURPOSES TO ENCOURAGE CONSERVATION OF WATER AND TO OFFSET THE PENALTY CHARGES IMPOSED BY THE METROPOLITAN WATER DISTRICT, DECLARING THE ORDINANCE TO BE AN EMERGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION TO PRESERVE THE PUBLIC PEACE, HEALTH OR SAFETY, TO REMAIN IN EFFECT UNTIL THE METROPOLITAN WATER DISTRICT HAS DETERMINED THAT THE CURRENT DROUGHT HAS ENDED, BUT Motion x IN ANY EVENT, NOT BEFORE DECEMBER 31, 1977, was Ayes x x x x x x x adopted as an emergency ordinance. 2. A letter from the Assistant General Services Director to the City Manager was presented regard- ing an addendum sign for the existing "No Dogs on Beach" signs. Motion x Councilman Rogers made a motion to accept the Ayes x x staff report and direct the staff to proceed with Noes x x x x x implementation of the additional signs regarding dog droppings on the beach, which motion failed to carry. • Per Trebler addressed the Council and expressed his intent to resign from the Parks, Beaches and Recreation Commission in two months. Mayor Dostal adjourned the meeting at 11:10 P.M. "Mayor ATTEST: City ClerV 0, `sir r� 3 i Volume 31 - Page 102 I Water Rates 0 -1728 Animal Control PB&R Comsn