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HomeMy WebLinkAbout06/10/1985 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS n0 0 S� .o ?� S 'S- 9 REGULAR COUNCIL MEETING t PLACE: Council Chambers 9G� TIME: 7:30 P.M. R[111 C01 _ 'P fl DATE: June 10, 1985 MINUTES INDEX Present x x x x x x x A. ROLL CALL. x B. The reading of the Minutes of the Son x x x x x is Meeting of May 28, 1985, was waived, ain x approved as written and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing Budget /1985- regarding PRELIMINARY BUDGET FOR FISCAL 1986 YEAR 1985 -86, pursuant to Section 1102 Revenue Shrg of the Newport Beach City Charter; and (40) proposed EXPENDITURES FROM THE FEDERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1985 -86. Letter from Greg Boston regarding proposed City take -over of cleaning and maintaining Newport Harbor. Letter from Tidelands Affairs Committee regarding adding to the check list the purchase and staffing of a harbor debris vessel. Letter from FISH - Harbor Area, Inc., regarding increasing Subsidies for • Mobile Meals, etc., for Newport Beach clients. Letter from Arthur Manuel regarding suggestions for budgeting City funds for stricter traffic control on holidays and weekends for the Peninsula and more installation /policing of the $500 littering fine signs at all beach access points and signs. Letter from Dorothy M. Beek regarding Budget Item - -Ocean Front Bicycle Trail (36th Street to "D" Street). Memorandum from Arts Commission regarding Funding of Art Groups. Memorandum from Arts Commission requesting Funds for the Newport Harbor Art Museum. Letter from Harbor Area Adult Day Care Center /Community Volunteers for the Elderly requesting funding. Checklist of Budget Items removed during study sessions. Volume 39 - 196 CITY OF NEWPORT BEACH COUNCIL MEMBERS s �9 ti �9 � yF 9 9 c� tr June 10, 1985 GO0 ROLL • Motion All Ayes Motion All Ayes 0ion All Ayes Motion Ayes Noes Motion Ayes Noes Motion All Ayes Motion All Ayes 11 MINUTES :ter the was iduals, as fighter and ) the -ail from that a )ouglas incil to rt of the Ling upcoming he 96 Budget ravel and embership urers nge County ,000 for .uby Street ated that the above [arine renew the `loating :34,400. City at as Checklist. Balboa its. Shrg The City Clerk reported that a. agenda was printed, a petition received signed by seven indiv well as letters from Linda Sla, J. William Miller, objecting t proposed Ocean Front Bicycle T 36th Street to "D" Street. The City Clerk further advised letter was also received from Harrington, urging the City Co continue their financial suppo South Coast Repertory by budge $10,000 to the Theatre for the year. The City Council straw -voted t following items from the 1985 - Checklist: A. City Council x $1,000 was approved for T Meetings. B. Personnel x $1,000 was approved for N in Merchants and Manufact Association. C. Nondepartmental x $625 was approved for Ora League of Cities, and $1( Legislative Advocates. D. Marine x $5,105 was approved for I x x x x x x Lifeguard. x Council Member Hart indii she might have supported request had it been a recommendation from the I Department. x The Council voted to not x x x x x x contract for removal of x debris in the amount of x $38,400 was approved for Harbor Debris Cleanup Co enumerated in the Budget x $19,000 was approved for Pier Parking Lot Attends Volume 39 - Page 197 MINUTES :ter the was iduals, as fighter and ) the -ail from that a )ouglas incil to rt of the Ling upcoming he 96 Budget ravel and embership urers nge County ,000 for .uby Street ated that the above [arine renew the `loating :34,400. City at as Checklist. Balboa its. Shrg CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL • Motion Ayes Noes Motion Ayes Noes • Motion Ayes Noes Motion Motion • MINUTES June 10, 1985 INDEX 3dget/ av Shrg E. Senior Citizen Ed Williams, President, Friends of Oasis, addressed the Council in support of their request for a Human Services Coordinator at the Oasis. He stated they only have one full -time professional supervisor, and that there is a definite need for an additional position to handle activities such as cultural, educational, recreational, medical, financial, and total operation of the center. x Following consideration, $19,970 x x x x x x was approved for an Assistant to x the Supervisor, including $3,460 for health, life and disability insurance, and $3,530 for retirement. F. Field Maintenance x The following items were approved: x x x x x x x Equipment Operator $ 19,700 Uniforms 220 Safety Shoes 65 Insurance 3,595 Retirement 3,480 Beach Cleaner 47,170 Beach Tractor 44,520 C. Equipment Maintenance x $30,000 was approved for a Paint x x x x x Spray Booth. x x H. Capital Improvement Projects x Motion was made to approve $50,000 for Ocean Front Sidewalk Replacement, Phase I and to approve $50,000 for investigation and study of an Ocean Front Bicycle Trail. x Substitute motion was made to approve $200,000 for an Ocean Front Bicycle Trail from Newport Elementary School to Balboa Pier Parking Lot, including Ocean Front Sidewalk Replacement, Phase I, and that hearings be held by the Bicycle Trails Committee and the Parks, Beaches and Recreation Commission for resident input, prior to final approval of the City Council. Volume 39 - 198 INDEX 3dget/ av Shrg CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL99 �G� June 10, 1985 MINUTES INDEX Hillary Thamer, 1012 Ocean Front, Budget/ addressed the Council and stated that Rev Shrg she was very surprised to hear the • Central Newport Beach Community Association had approved the proposed bicycle trail and concurred in the suggestion that public hearings be held on the proposal prior to final Council action. Dorothy Beek, 620 Ocean Front, addressed the Council and suggested a resident from the Ocean Front community be appointed to the Bicycle Trails Committee. She also indicated she felt it would be very difficult to enforce bicycle /pedestrian regulations along the Ocean Front. Donald Reagan, 924 Ocean Front, addressed the Council and expressed opposition to Council Member Agee's substitute motion, and in favor of the original motion of Council Member Strauss. He stated that there are "family oriented" beaches in the City and that a bicycle trail would only result in a "speedway." Gordon Breecher, 202 Promontory Drive East, Member of the Bicycle Trails Committee, addressed the Council and • indicated the Committee felt it was very necessary to have a bicycle trail for the population along the Ocean Front. He stated that the proposed trail would be a "meandering- type" bicycle trail, and therefore, would prevent it from becoming a speedway. He also invited those interested to attend the Bicycle Trails Committee meetings and express their concerns. Ayes x x x x x x The substitute motion was voted on and Noes x carried. I. Beach Restrooms Replacement Motion x Motion was made to increase the All Ayes amount from $125,000 to $200,000 for restroom replacement at selected beach locations. • Volume 39 —Page 199 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL G�`r 9 June 10, 1985 MINUTES INnF % J. Cultural Arts Budget/ Rev Shrg The following requests for funding • were presented: Newport Harbor Chamber Orchestra $ 2,000 Newport Harbor Art Museum 27,000 South Coast Repertory Theatre 10,000 Motion x Motion was made to approve the following allocations: Newport Harbor Chamber Orchestra $ 2,000 Newport Harbor Art Museum 15,000 South Coast Repertory Theatre 8,000 Motion x Substitute motion was made to approve the following funding: Newport Harbor Chamber Orchestra $ 2,000 Newport Harbor Art Museum 10,000 South Coast Repertory Theatre 10,000 • Dick Nichols, 519 Iris Avenue, addressed the Council. in opposition to using taxpayer's monies to fund cultural arts. Harriett Witmer, representing South Coast Repertory, addressed the Council in support of their request for $10,000. She stated that their theatre was "born" in Newport Beach, and that 30 of their 50 trustees; are residents of the City. She stated that their request is less than 1% of their total budget and urged Council approval. Robert Shelton, 4700 Surrey Drive, addressed the Council in support of South Coast Repertory Theatre. He stated that their total budget is $3.4 billion, of which $860,000 is raised from contributions, and they are doing all they can to broaden the base throughout the County. He stated that over 8,000 residents of Newport Beach receive direct benefit from the theatre's program, and as a taxpayer of the City, he feels the money is well spent. • Volume 39 - Page 200 CITY OF NEWPORT BEACH COUNCIL MEMBERS C+ s \kpP Of 9 99� R ®LL COL �� y�9 June 10, 1985 MINUTES I: 6723 Lucille Kuehn, 1831 Seadrift Drive, Budget/ addressed the Council, and stated that Rev Shrg for the past 11 years she has been a • trustee for the Newport Harbor Art Museum, but has also been involved with the South Coast Repertory Theatre, and is very supportive of the arts in general. She explained some of the programs the Art Museum has undertaken, and stated that this was the first time they had ever requested funding from the City. She stated the additional funding is needed because of the expansions of their programs, and urged the Council to grant the request. Kevin Consey, Director of the Newport Harbor Art Museum, addressed the Council regarding their request for $27,000. He stated the grant would be 2% of the Museum's 1985 operating budget of $1.39 million. He stated that 32 of the 36 trustees are from Newport Beach, and that 74% of their membership represents Newport Beach residents. Over 100,000 visitors use the services of the Museum each year, and that 30,000 persons are served by their outreach program. Motion x A substitute to the substitute motion was made by Council Member Hart to approve the following funding: Newport Harbor Chamber Orchestra $ 2,000 Newport Harbor Art Museum 20,000 Future expansion of Arts Community Programs 3,000 Ayes x The foregoing motion FAILED. Noes x x x x x x Ayes x x The substitute motion made by Council Noes x x x x x Member Cox, in the foregoing, was voted on and FAILED. All Ayes The motion on the floor, as made by Council Member Agee and set forth in the foregoing, was voted and carried. K. Request for Funds from Harbor Area Adult Day Care Center Mr. Dan Sands, Executive Director for the above agency, addressed the Council in support of their request for $10,000. He, stated that their facility provides service to the • elderly, particularly those Volume 39 - Page 201 CITY OF NEWPORT BEACH COUNCIL MEMBERS \1��L s o si s ti q ROLL • Motion All Ayes Motion All Ayes • Motion All Ayes E MINUTES June 10, 1985 Budget/ Rev Shrg 83 -1(A) suffering from Alzheimer's disease. He stated their clientele consists primarily of residents from Newport Beach, Costa Mesa and Irvine. Funding has been received in the past from the Cities of Costa Mesa and Irvine. He stated that the demand for their services has increased dramatically over the last four years and are now averaging 37 clients per day. x Following consideration of the above request, as well as the request from FISH - Harbor Area, Inc., motion was made to refer these two items to the City Manager for recommendation and report back as to funding, as well as to a procedure for processing future similar requests. L. Sidewalk Construction - Cameo Highlands Drive from Morning Canyon Road along Pacific Coast Highway x Motion was made to approve $89,000 in the budget for engineering studies, negative declaration, etc., in connection with proposed sidewalk construction on Pacific Coast Highway from Cameo Highlands Drive to Morning Canyon Road. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made to direct the staff to prepare a resolution for consideration on June 24, 1985, formally adopting the 1985 -86 Budget. 2. Mayor Maurer opened the public hearing regarding GENERAL PLAN AMENDMENT 83-1(A), a request initiated by the City of Newport Beach to consider amendments to the LAND USE AND RECREATION AND OPEN SPACE ELEMENTS of the Newport Beach General Plan for the FIFTH AVENUE AND BUCK GULLY PARCELS. The Fifth Avenue Parcel being located northerly of Fifth Avenue between Marguerite Avenue and Buck Gully, adjacent to the Oasis Senior Citizen Center; the Buck Gully Parcel being located northeasterly of Fifth Avenue and Poppy Avenue, between Harbor View Hills and the easterly City boundary; zoned R -1 -B. Report from the Planning Department, wal presented. Volume 39 - Page 202 Budget/ Rev Shrg 83 -1(A) • • Allffl COUNCIL MEMBERS Of 9\\� R AIL C ®L � y�9 June 10, 1985 MINUTES INDEX Letter from Friends of Oasis regarding GPA 83 -1(A) support for the proposed 100 units of Senior Citizens Residential land use • designation, was presented. David Neish, representing the Bren Company, addressed the Council in support of the proposed General Plan Amendment. He stated that if approved, the land use designation would be changed from Low Density Residential to Multi- Family Residential, as opposed to the original request for a Medium Density Residential designation. He stated there would be a maximum of 115 units, restricted to persons 55 years or older. The future neighborhood park expansion would be located on a 1.06 acre parcel of land one block north of the Oasis Center. Buck Gully is proposed to be rezoned to Open Space. The proposed units would be for -sale at an estimated cost of $172,000 per unit. They are attempting to preserve views for those residents on Sandcastle Drive. He pointed out that as set forth in the proposed resolution, "all existing blue water views from homes along Sandcastle Drive shall be preserved for a sightline measured 30 inches above pad elevation of any lot." With respect to traffic, they estimate a 60% reduction in traffic • generation from that proposed with the Cottage Homes concept. He stated they will be submitting a new traffic analysis, EIR, community text and tentative maps for Council review and approval. Ed Williams, President, Friends of Oasis, addressed the Council in support of the proposed General Plan Amendment. John Clark, 3621 Seabreeze Lane, President, Harbor View Hills Community Association South, addressed the Council and stated that they are concerned with the preservation of views and the height limit of the proposed project. They also feel that their $400,000 range homes could decrease in value as a result of the senior citizen development. H. Ross Miller, 1620 Bay Cliff Circle, Member of the Board of Directors of Friends of Oasis, addressed the Council and spoke in favor of'the General Plan Amendment. He stated that they have viewed the proposed plans, and are • pleased with the type of quality construction proposed, and the different Volume 39 - Page 203 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL s� o vG�d'?i��9 9�9 yip June 10, 1985 MINUTES IIUnFY elevations which will "dress up" the GPA 83 -1(A) area. He stated that 217 persons have already expressed a desire to purchase a • unit. He also does not feel the views will be obstructed for those residents living in Harbor.View Hills. Dick Nichols, 519 Iris Avenue, President, Corona del Mar Community Association, addressed the Council and spoke in opposition to the project. He suggested this item be postponed until it can be combined with the zone change, tentative map, etc. Dick Russell, 888 Sandcastle Drive, addressed the Council regarding the preservation of views if the project is approved, and suggested a one -story deed restriction be placed on the property at this time. They are also interested in viewing the grading plan as soon as possible. In addition, they are concerned with what this project might do to the values of their homes. Tykye Cameras, 932 Sandcastle Drive, addressed the Council and indicated he felt the density was too high for the project. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 85 -35 All Ayes 85 -35, approving amendments to the Land Use and Recreation and Open Space Elements of the Newport Beach General Plan for the Fifth Avenue Parcel and Buck Gully Parcel [General Plan Amendment 83- 1(A)]; and Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable Significant environmental effects that will result.if the project is approved, ® the mitigation measures identified shall Volume 39 - Page 204 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALj, ROLL Gds �Fq Fq yFq 0 June 10, 1985 MINUTES INDEX Isle Dev/ tesub 808 lod 113056 ;84/94) rrfc Study be incorporated into the General Plan, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable. 3. Mayor Maurer opened the public hearing regarding WALE DEVELOPMENT CORPORATION, IRVINE: p Request for Density Bonus - In accordance with Section 65916 of the California Government Code so as to construct an apartment complex with 65 units affordable to lower income families, and the acceptance of an Environmental Document. Property located at 827, 835, 843 and 847 -15th Street, on the southerly side of 15th Street, between Placentia Avenue and Monrovia Avenue, in the West Newport Triangle area; AND Traffic Study - Request to consider a traffic study so as to permit the construction of 65 apartment units in the R -3 (2178) District; AND Resubdivision No. 808 - Request to resubdivide four existing parcels of land into a single parcel for apartment development on property located in the R -3 (2178) District; AND Modification No. 3056 - A request to permit various building encroachments to encroach from one foot, six inches to ten feet into the required twenty foot front yard setback on property in the R -3 (2178) District. The proposed development also includes carports that encroach four feet into the required four foot side yards and that encroach ten feet into the required ten foot rear yard. Report from the Planning Department, was presented. Volume 39 - Page 205 INDEX Isle Dev/ tesub 808 lod 113056 ;84/94) rrfc Study CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL-V ROLL June 10, 1985 MINUTES INDEX The City Clerk advised that after the Wale Dev agenda was printed, a letter was received from Wale Development to Hugh • Milligan, Brookview Homeowners Association, dated June 6, 1985, regarding the proposal. Mr. Ed Wale, Wale Development, addressed the Council and stated that they had a meeting with the Brookview Homeowners Association regarding their concerns about the project as outlined in the above letter. He stated that the concerns have now been resolved, and he was available for questions from the Council. Chris Hansen, 22 Encore Court, representing Newport Crest Homeowners Association, addressed the Council and stated that they were just made aware of the proposed project and feel that the name "Newport Sea Crest Apartments" might cause some confusion because of the name of their Association. He stated that he talked with Mr. Wale about it, and he was hopeful a change could be made on the part of the developer. He stated there is a Newport Crest Apartment building on Superior, which has caused some problems in the past. Hugh Milligan, Brookview Homeowners Association, addressed the Council and stated that they have two concerns: 1) traffic barrier or median strip at 15th Street and Placentia; and 2) recreational area for the 65 families that will be housed in the proposed development. Deborah Des Jardins, 821 W. 15th Street, addressed the Council and suggested a requirement be placed in the conditions of approvals regarding ongoing maintenance for a period of 30 years. The Planning Director noted that the staff had made some changes in the conditions of approval as a result of the letter from Wale Development to Hugh Milligan, which are as follows: "1. That development shall be in substantial conformance with the approval plot plan, floor plans, and elevations except as noted in Condition No. 3. • Volume 39 - Page 206 • ;� COUNCIL MEMBERS \CALROLL June 10, 1985 MINUTES II:UI: 1 "Add Condition No. 3 as follows: Wale Dev 3. That the carports along the • easterly property line shall be removed and replaced with open parking spaces. Adequate landscaping shall be provided, either on -site or off -site, as a buffer from the adjoining property. "Pertaining to the requirement for ongoing maintenance of the buildings and grounds, an additional condition should be added to those of Resubdivision No. 808 as follows; 15. That the buildings and landscaping on the site shall be adequately and continuously maintained in keeping with the surrounding properties." Hearing no others wishing to address the Council,. the public hearing was closed. Mayor Pro Tem Plummer pointed out that in response to the need for a recreational area, a 5 -acre park has been approved in the general area of the project, and will be developed in the • future. She also noted that the proposed development will provide 20 units at rents affordable to families earning less than 50% of the Orange County Median Income, or $19,066 annually, and 45 units affordable to families earning less than $27,000 annually. Motion x Motion was made to sustain the All Ayes recommendation of the Planning Commission; approve the foregoing changes as enumerated by the Planning Director; and to adopt Resolution No. 85 -39 approving the density bonus request of the Wale Development Corporation for purpose of constructing a 65 -unit rental apartment development affordable to very low- and low- income families for a period of 30 years. 4. Mayor Maurer opened the public hearing Police /Ofcl regarding adoption of a resolution Towing approving rate increases for the (70) Official Police Towing Services, pursuant to Newport Beach Municipal Code Section 5.13.140. • Report from Executive Assistant to the City Manager. Volume 39 - Page 207 COUNCIL MEMBERS 0 n S� 9, Rnl L F y�A June 10, 1985 MINUTES INDEX Motion x Motion was made to continue the public All Ayes hearing to June 24, 1985, as recommended. by staff. • E. PUBLIC COMMENTS: 1. Ted Lindstedt, 1112 Brookshire Lane, Radio addressed the Council regarding the need Antennas to eliminate above - ground short wave radio antennas throughout the City. He stated that he lives adjacent to someone who has such an antenna and it has caused him "devastating" interference with his telephone and television, as well as it being an unsightly structure. Mayor Maurer informed Mr. Lindstedt that the Planning Commission is studying the problem of antennas, as well as satellite dishes, and will be developing regulations for Council approval. 2. Jack Mangels, 2322 Margaret Drive, Police addressed the Council regarding police Helicopters helicopter noise. He stated that the helicopters are in the air 10 hours a day and that the noise has become very annoying. He discussed the maintenance and fuel costs of the helicopters and stated he felt the money would be better spent on ground patrol. • Mayor Maurer advised Mr. Mangels that the Council had just recently received a report from the Police Department on this subject and he would be happy to discuss it with him if he would call.his office and make an appointment. 3. Clifford Alpaugh, 1908 Court Street, Newport addressed the Council and stated he Pier lives close to Newport Pier and frequents the area often. He has noticed that the showers and drinking fountain are in need of repair, and have been for sometime. He also felt that a weather vane atop the Lifeguard Station would be helpful. He felt that with the large number of tourists visiting the area year- round, the pier area should be maintained at a higher level. On another issue, he stated it was very bothersome at 5 a.m. in the morning to hear the noise from refrigerated trucks with their engines left running during early morning deliveries in the area. Volume 39 - Page 208 c j q COUNCIL MEMBERS O� ROLL CAL Gtp`n � F9 y�9 June 10, 1985 MINUTES INDEX F. CONSENT CALENDAR: n x The following actions were taken as yes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on June 24, 1985 - (a) Removed from the Consent Calendar. Pass to second reading and adoption on June 24, 1985 - (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 85 -37 requiring Vehicles/ vehicles to stop on the specified Traffic approaches at intersection on Ocean Res 85 -37 View (north) at Tustin Avenue and (85) on Tustin Avenue westbound at Ocean View (north). (Report from Traffic Engineer) 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk AHF Prgrm • to execute an Arterial Highway Adm Agmt/ Financing Program Project Balboa B1 Administration Agreement for the Widng purpose of acquiring right -of -way C -2512 to widen Balboa Boulevard (Balboa (38) Boulevard from 33rd Street to 44th Street); and for the cost of preparing the Environmental Impact Report (EIR). (Report from Public Works Department) (b) Award Contract No. 2476 to Public Bay Trautwein Brothers Waterfront Pier Float Construction for the total bid Rplcm price of $44,484 for Public Bay -2476 Pier Float Replacement; and (38) authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) (c) Removed from the Consent Calendar. • Volume 39 - Page 209 CITY OF NEWPORT BEACH COUNCIL MEMBERS s .0 3 ti ti v \CAL 9,9 <<'�. 9G•p 99.E �9� cFF G 3 F ti ROLL �`r June 10, 1985 MINUTES INDEX (d) Authorize the Mayor and City Clerk UprNptBay/ to execute a Professional Services Unt II /Prf Agreement with Culbertson, Adams Sry Agmt • and Associates, Inc., of Mission C- 2483(11) Viejo to prepare an EIR for Unit (38) II -Upper Newport Bay Sediment Control and Restoration Project (C- 2483). (Report from Public Works Department) (e) Approve Memorandum of Understanding M- O- U /NBCEA for Newport Beach Employees C -2059 Association for Fiscal Year (38) 1985 -86. (Report from City Negotiating Team) (f) Approve Memorandum of Understanding M- O- U /NBPT for Newport Beach Professional and C -2051 Technical Employees Association for (38) Fiscal Year 1985 -86. (Report from City Negotiating Team) (g) Approve Memorandum of Understanding M- O- U /NBOL for Newport Beach Ocean Lifeguard C -2058 Employees Association for Fiscal (38) Year 1985 -86. (Report from City Negotiating Team) (h) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral as • indicated: (a) To Public Works for response, PW letter from James Orstad regarding (74) request for reconstruction of alley between Catalina Drive and Holmwood, which ends at Clay Street. (b) To Traffic Affairs Committee and Traffic Cannery Village /McFadden Square (85) Specific Area.Plan Citizens Ad Hoc Committee for response, request from Central Newport Beach Community Association regarding Court Avenue Parking proposal. (c) Removed from the Consent Calendar. (d) To staff for processing and report Historical back, letter from Newport Beach Register .Historical Society recommending (35) historical designation for the Jolly Roger Restaurant. (e) Removed from the Consent Calendar. • Volume 39 - Page 210 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \4P\Pp Z v i9� �'(�� ROLL yP June 10, 1985 MINUTES IAl11F Y 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: • (a) Copy of correspondence to California Fish and Game by E. P. Benson regarding recent Back Bay cleanup efforts by volunteer Boy Scout Troops and local residents; and to California State Assemblyman Gil Ferguson on government and inefficiency and red -tape for restoration work in the Bay. (b) Senator Marian Bergeson's Sacramento Up -Date regarding Bay Pollution. (c) Orange County Local Agency Formation Commission regarding Minutes of May 1, 1985. (d) South Coast Air Quality Management District's Memo regarding proposed Amended Rule 431.2 - Sulphur Content of Liquid Fuels. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's' referral to the claims adjuster: (a) Lucy V. Alderson for property Alderson damage alleging City truck backed into claimant's vehicle while parked in front of her home at 2239 Heather Lane on May 9, 1985. (b) Removed from the Consent Calendar. (c) Jeff Lewis for property damage as a Lewis result of lifeguard jeep allegedly running into building at 108 McFadden Place (Playa Real Estate) on May 17, 1985. (d) Christopher John Rutgers for Rutgers personal injuries and reimbursement for new pair of jeans, while riding bicycle to school in area where trees were being trimmed by the City (Goldenrod Avenue, Corona del Mar) on March 18, 1985; branch dropped onto claimant causing him to fall. (e) Southern California Edison Company SoCA Edison for property damage, alleging the City dug into their duct and cable while excavating for sewer main thereby causing property damage at alley rear of 452 Seaward, Corona • del Mar on March 18, 1985. Volume 39 - Page 211 CITY OF NEWPORT BEACH COUNCIL MEMBERS co s, 'o s s v f 99 lG3 9GP 99.` Fv� c�F RAI I [ OI G `ril+ Fp 9 �9 June 10, 1985 MINUTES 11:1511 (f) Peter H. Swanberg for property Swanberg damage as a result of City sewer line backing up at 211'k -29th Street • on February 10, 1985. (g) Removed from the Consent Calendar. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) John Louis Agosta for damages, Agosta Orange County Superior Court, Case 45- 85 -12. Claim was denied by the City Council on November 13, 1984. (b) Michael Amador for damages, Orange Amador County Superior Court, Case 49- 94 -82. Claim was denied by the City Council on May 13, 1985. B. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Library Clerk I, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department Planning/ regarding action taken by the riners • Planning Commission at its meeting Mi Ad Hoc of May 23, 1985, regarding the (24/68) report from the Ad Hoc Mariners Mile Specific Area Plan Review Committee concerning the MARINERS MILE SPECIFIC AREA PLAN. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Special Events Application /Sound Permit /Rude Amplification Permit for Robert H. (65) Rude for wedding reception (dock and boat activities) on June 15, 1985, 12:00 noon to 5:00 p.m. (Report from License Division) 10. PUBLIC HEARING SCHEDULING - For June 24, 1985: (a) Proposed Underground Utilities Undergr District No. 11 - To determine Utl Dist#11 whether or not an underground (89) utilities district should be formed along the Coast Highway from Newport Boulevard westerly to Santa • Volume 39 - Page 212 1411:11, all 11 e- COUNCIL MEMBERS c� s o s s q of ROLL CAL Gss �F9 F� yF9 June 10, 1985 MINUTES INDEX Ana River, using the procedure of Chapter 1532 of the Municipal Code. (Report from Underground Utilities • Coordinating Committee) 11. PROPOSED ELECTRICAL EASEMENT AT OASIS W /OASIS SENIOR CITIZENS CENTER - Authorize the r.Citz Ctr Mayor and City Clerk to execute the (74/62) Grant of Easement to Southern California Edison Company. (Report from Public Works Department) 12. ACQUISITION OF 203 -42ND STREET - roperty Authorize the purchase of 203 -42nd Acquired Street for $220,000 (Assessor's Parcel (73) #423- 296 -07); and authorize acceptance of Grant Deed for 203 -42nd Street from Shared N. Gandhi. (Report from Public Works Department) 13. RESUBDIVISION NOS. 805 AND 806 - Approve Resub 805/ a subdivision agreement guaranteeing 806 completion of public improvements (84) required with Resubdivision Nos. 805 and 806 (Lots 19 and 21, Block 432 of Corona del Mar Tract located at 439 and 441 Fernleaf Avenue on the northeasterly side of Fernleaf Avenue between First Avenue and Second Avenue in Corona del Mar; and accept the offer of dedication of a 10 -foot corner cutoff at the intersection of Fernleaf Avenue and • Second Avenue of Resubdivision No. 806. (Report from Public Works Department) 14. DRIVEWAY APPROACH ENCROACHMENT PERMIT Permit/ FOR 2215 BAYSIDE DRIVE - Authorize the Enchrm Public Works Department to issue an (65) Encroachment Permit for a driveway approach at 2215 Bayside Drive, which exceeds 20 feet in width, and 50% of the lot frontage. (Report from Public Works Department) 15. BUDGET AMENDMENTS - For approval: (25) BA -091, $1,216 - Increase in Budget Appropriations for purchase of replacement surfboards for Aquatics Section summer program; Parks, Beaches and Recreation Fund. BA -092, $3,584 - Transfer in Budget Appropriations for completion of funding for Public Bay Pier Float Replacement. BA -093, $47,000 - Transfer in Budget Appropriations for modifications to the Balboa Pier Parking Lot to convert to a • pay -as- you -leave operation; Marine Fund. Volume 39 - Page 213 CITY OF NEWPORT BEACH COUNCIL MEMBERS C s� -o ti ti q Of 9q (G9' qGp q�.` (nqi` CAF RAI I COL y�9 June 10, 1985 MINUTES INDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Claim from J. D. Kellmar Enterprises, Keller Entrp Inc., dba Oceanfront Wheel Works seeking Claim indemnity from claim filed by Jo Ann (36) Jolley, who alleged personal injuries from a bicycle fall at Balboa Boulevard and 23rd Street on July 11, 1984; AND 2. United Couriers, Inc., and Rita Denise United Cour- Gable for indemnity from claim filed by iers, Inc. James Bardiau in June, 1984, who was Claim injured while riding bicycle into (36) intersection by Rita Gable, employee of United Couriers, Inc., at intersection of Old Newport and Transition Road on March 14, 1984, were recommended for removal from the agenda by the City Attorney until further notice. Motion x Motion was made to delete the foregoing All Ayes items from the agenda as recommended. 3. Letter from Chairman of the Board of the Legislation South Coast Air Quality Management (48) District's request in support of District- sponsored Assembly Bill 1868, (Calderon) which provides for a permanent seat on the State Air Resources Board for a locally elected official from their District, was presented. Motion x Motion was made to adopt Resolution No. Res 85 -38 All Ayes 85 -38 supporting passage of Assembly Bill 1868, Air Resources Board Membership, and to direct the City Clerk to forward a copy of said resolution to the Mayor of Anaheim. 4. Letter from Balboa Peninsula Point PB &R Association regarding request for beach (62) closure time currently in effect at Corona del Mar Beach, was presented. Motion x Motion was made to refer the subject All Ayes letter to staff for response, with copy of said response to the City Council. 5. Report from the Executive Assistant to Council the City Manager regarding adoption of Policy new City Council Policy A -16 WELCOMING (69) OF FOREIGN DELEGATIONS, was presented. • Volume 39 - Page 214 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL Pk 9 9� c�F ROLL y June 10, 1985 MINUTES wlncv Motion x Council Member Strauss stated that the All Ayes policy as proposed refers requests to the Arts Commission. He does not think • that this is quite right. Foreign delegations may have an interest in many things, including the Arts; and his motion would be that the responsibility rest with the Mayor, or in his /her absence, the Mayor Pro Tem to determine to whom they wish to turn to for any kind of information, obviously including the Arts Commission. 6. Proposed resolution supporting the OCS /Ofshr continuation of the Outer - Continental Drlg Shelf Moratorium in its present form, (S7) was presented with a report from City Attorney. Patrick Flynn, student from Newport Harbor High School, addressed the Council and read a letter he had prepared, as a result of his Civics Class, for forwarding to his Congressman supporting the continuation of the Outer- Continental Shelf Moratorium. Motion x Motion was made to adopt Resolution No. Res 85 -36 All Ayes 85 -36 supporting the above legislation. 7. Report from the City Manager regarding Council INTERPRETATION OF COUNCIL POLICY A -10 - Policy PROCEDURAL RULES FOR THE CONDUCT OF CITY (69) COUNCIL MEETINGS, was presented. Council Member Cox expressed his reasons for not wanting to change the existing policy, stating that ordinances on the Consent Calendar can be removed as desired by the public or the City Council, and that if they are placed under "Current Business," for first reading, and "Ordinances for Adoption" for second reading, people interested in addressing the item won't know when to come and speak. Under the current method it has been the general policy to discuss the issue at the time of the second reading and, in his opinion, it would not be practical or worthwhile to change the policy. Council Member Agee advised that he was the one who had requested the policy change, as he felt that ordinances should get "broader attention," and that when they are placed on the Consent Calendar they appear to be a routine item. He feels that ordinances are important and should be placed in • another category on the agenda. Volume 39 - Page 215 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROIL Gs`r June 10, 1985 MINUTES INDEX Motion x Following discussion, motion was made to All Ayes leave the agenda format as is, but that the City Clerk verbally identify and • explain the ordinance for first reading, and that the proposed ordinance be accompanied by a report summarizing its purpose. 8. Report from the Public Works Department Mariners regarding an engineering services Mile agreement for the preparation of a Mariners Mile Highway and Improvement Program, was presented. Karen Harrington, 2916 Clay Street, addressed the Council and asked for clarification of the proposed agreement. The Public Works Director responded that the original Mariners Mile Circulation Committee had submitted two recommendations: 1) that a study and implementation on the Coast Highway be prepared and performed; and 2) that the Specific Area Plan zoning be reviewed and that an Ad Hoc Specific Area Plan Committee be created. The engineering agreement under consideration at this time is in response to the first recommendation. It is one part of the overall study to be done. on Ayes x Motion was made to authorize the Mayor and City Clerk to execute an Engineering Mariners Mile H'wy & Services Agreement for the preparation Imprvm Prgrm of a Mariners Mile Highway and C -2510 Improvement Program with Berryman & (38) Stephenson, Inc., to prepare a report and preliminary plans for the Mariners Mile Highway and Improvement Program. 9. Proposed ordinance amending the Ord 85 -17 municipal code pertaining to Restaurants Zoning/ (Planning Commission Amendment No. 617), Restaurants was presented, with a report from the (94) Planning Department. Richard Nichols, 519 Iris Avenue, stated that he lives 30 feet from a restaurant in Corona del Mar and that neither he, nor his community association were notified of this hearing or the public hearing before the Planning Commission. He does not feel there has been any citizen input, and therefore, would like the item deferred for further study. Motion x Motion was made to introduce ORDINANCE All Ayes NO. 85 -17, and schedule for public ishearing on July 8, 1985, being, Volume 39 - Page 216 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL'P ROLL `r 9 June 10, 1985 MINUTES M6131 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 Commission Amendment No. 617. 10. Proposed ordinance amending the Ord 85 -18 Municipal Code regarding the definition Vehicles/ and operation of bicycles, was presented Traffic/ with a report from the City Attorney. Bicycles (85) It was noted in the staff report that some citizens have expressed concern over the use of three - wheeled devices on City sidewalks. These three - wheeled devices are wider than two - wheeled bicycles and occupy a large portion of the sidewalk. The use of these three- wheeled devices on the sidewalks endangers the safety of pedestrians and obstructs the use of the sidewalks. Lisa Rasmussen, representing Ocean Front Wheel Works, 1007 Ocean Front, addressed the Council in opposition to the ordinance. She stated that they have rented three - wheeled bicycles, roller • skates and bicycles for the past 10 years with no injuries and feels that two - wheeled bicycles on the boardwalk are far more hazardous. If three - wheeled bicycles are going to be prohibited along the boardwalk, then it is very likely they will have to close their doors. She stated that the three- wheeled bicycles are a service to the tourist, and urged the Council to not adopt the ordinance. Gertude Vorgang, owner of the Pedal Pusher at 2809 Newport Boulevard, addressed the Council and spoke against the proposed ordinance. She stated that three- wheeled bicycles are much less dangerous than 10 -speed bicycles, and that when the three - wheeled bicycles are rented, instructions are given as to safety, etc. She also commented that the three - wheeled bicycles are designed to "run" slow, and therefore, are not dangerous. Volume 39 - Page 217 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� o si ti ti v ROLL G�`r June 10, 1985 MINUTES wnp Y Dick Hobbs, owner of Four Front Cycles, Vehicles/ addressed the Council and stated that Traffic/ three- wheeled bicycles have been in Bicycles • existence in Newport Beach for the past 10 to 12 years, and are not a "new" thing. Instructions are given when the three - wheeled bicycles are rented or sold as to how they should be ridden. He feels they have a product which is valid and'of special enjoyment to many. He was not aware of any problem and would like to have more time to study the issue. Motion i x Motion was made to introduce ORDINANCE NO. 85 -18, and pass to second reading on June 24, 1985, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.56.010 AND 12.56.140 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING THE DEFINITION AND OPERATION OF BICYCLES. Council Member Hart stated that this item was placed on the agenda as a result of meetings she has had with the Balboa Peninsula Association, the business community and homeowners in the area. Apparently, a very dangerous condition exists, but in order to give • those who would be affected by the ordinance more time to study the matter, she would change the date to July 8, 1985 for second reading. All Ayes The motion, as amended, was voted on and carried. 11. Report from City Negotiating Team M -O -U/ recommending approval of Memorandum of NBEL Understanding for Newport Beach C -2065 Employees League for Fiscal Year (38) 1985 -86, was presented. Ed Burt, President of the Newport Beach Employees League, addressed the Council and expressed appreciation to the City's Negotiating Team for the manner in which they handled the League's concerns this year. Motion x Motion was made to approve the All Ayes Memorandum of Understanding for Newport Beach Employees League for Fiscal Year 1985 -86. • Volume 39 - Page 218 CITY OF NEWPORT BEACH COUNCIL MEMBERS C s o ti ti v Of ROLL COL Gds y�9 June 10, 1985 MINUTES INDEX H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 85 -15, being, Ord 85 -15 • usiness AN ORDINANCE OF THE CITY OF NEWPORT is /Massage BEACH AMENDING CHAPTER 5.50 (27) PERTAINING TO MASSAGE ESTABLISHMENTS, was presented with report dated May 28, 1985, from City Attorney. It was noted in the ordinance that the hours of operation would prevent a massage establishment from opening earlier than 7 a.m., or closing after 10 P.M. The following massage technicians addressed the Council and spoke in opposition to the proposed change in hours: Andrea McNatt, Linda Ricci, Kim T. Heins, Naomi Montgomery and Laura Smith, employed by the Paradise Spa, 2819 Newport Boulevard; and Laura Smith, Manager of Shangrila Spa, 4320 Campus Drive. It was indicated by the above speakers that many of their customers use their • facility after 10 p.m., and that the ordinance, if adopted, would create a definite hardship on their livelihood. They requested this matter be referred to a study session for reconsideration regarding hours of operation. In response to Mayor Pro Tem Plummer, the City Attorney advised that he met with six massage therapists, along with the Executive Assistant and a representative from the Police Department several weeks ago to draft the provisions of the ordinance under consideration, and it was their unanimous opinion that the hours of. operation be changed as is now set forth in the proposed document. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -15; and that the Mayor be requested to appoint a committee to review what is occurring in terms of land use in the area of the airport. • Volume 39 - Page 219 CITY OF NEWPORT BEACH COUNCIL MEMBERS o � d CAL s ROLL � S 9 9� S � June 10, 1985 MINUTES INDEX 2. ORDINANCE NO. 85 -16, being, Ord 85 -16 Utilities/ AN ORDINANCE OF THE CITY OF NEWPORT tr nty Qnty • BEACH ESTABLISHING THE BASIC WATER to QUANTITY RATE AT .81c PER HUNDRED (89) CUBIC FEET, EFFECTIVE JULY 1, 1985, was presented with report dated April 22, 1985, from Utilities Department. Motion x Motion.was made to adopt Ordinance No. All Ayes 85 -16. I. CONTINUED BUSINESS: 1. Report from Public Works- Engineering Balboa Pier Department regarding BALBOA PIER PARKING Parking Lot LOT, was presented. -2507 (38) Motion x Motion was made to waive the formal bid All Ayes requirement for Public Works Contracts . in excess of $12,000, and award Contract No. 2507 to Parking Facilities Equipment for $38,644, and approve a Budget Amendment in the amount of $47,000 (BA -093). In addition, the City Council will review the program the first Council meeting in January, 1986. 2. Report from the City Attorney regarding exation/ • ANNEXATION OF BAYVIEW PARCEL, was layview presented. 21/45) The City Attorney summarized his report which contained information regarding the following: *What is the relationship between the Bayview Annexation and the possible annexation of Santa Ana Heights? °How can the City insure payment of appropriate "traffic" fees? *Would the City be required to contribute some of all of its traffic fees if it participated in the "ICLC" program? °If Bayview is annexed how could the City avoid paying ICLC fees? *What additional revenue will the City receive if Bayview is annexed? °Is it fair to say the City would be "approving" the Bayview project • if it proceeds with the annexation? Volume 39 - Page 220 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL NIP ROLL �P June 10, 1985 MINUTES INDEX It was recommended in the above report Annexation/ that the City Council approve, in Bayview concept the annexation of the Bayview • Parcel; initiate the general plan amendment and zone changes for the property, and direct staff to prepare a pre- annexation, or development agreement which would, among other things, ensure payment of appropriate traffic fees. Carl Hufbaurer, 20241 Bay View Avenue, East Santa Ana Heights, addressed the Council and spoke in opposition to annexing the Bayview parcel to the City, and suggested the City "slow down" the process. He made reference to the EIR for the project and recommended the staff be directed to respond "point by point" as to the adequacy from the City's point of view, of the final EIR's responses to the many criticisms made by the City's Environmental Coordinator of the draft EIR. He stated he also felt it was of utmost importance that the developer pay fully for its project impact on the City and that it not be borne by the taxpayers. Martha Durkee, 20311 Cypress Avenue, Santa Ana Heights, addressed the Council and read a letter from the Irvine Coastal Trail Committee, recommending • the following: "Large numbers of riders, hikers and joggers currently reside in Santa Ana Heights, mostly north of University and Mesa Drives. They cross these streets to gain access to the recreational trails along the west side of Upper Newport Bay. Any upgrading of either of these roads must provide signalized or grade separated intersections to allow these resident trail users safe passage across widened, higher volume streets between their homes and the recreation area. The same device will allow safe passage for the bicyclists who will use the bicycle trail soon to be built in the same area by the City of Newport Beach. From a planning aspect, University Drive development would be far less divisive to Santa Ana Heights residents than Mesa Drive. "While this letter does not endorse road development through the area, . our Committee recommends that, in Volume 39 - Page 221 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 9 9� ci^g` ROLL p y0 June 10, 1985 MINUTES INDEX any design approved for the area, Annexation/ provision for such a crossing be ayview included as a condition of development to be satisfied by the developer whose need may dictate the street upgrades." Sue Cathcart, 20132 Cypress, Santa Ana Heights, addressed the Council and read a letter from the Back Bay Community Association, advising that they had not been notified of this issue, and therefore, requested it be continued for further study. Irma Batham, Costa Mesa, appearing on behalf of concerned citizens of Santa Ana Heights, addressed the Council and stated that they felt the proposed J. M. Peters project will create too much traffic. They also recommended this item be postponed until all of Santa Ana Heights can be included in an annexation. Bob Trapp, representing J. M. Peters Company, addressed the Council and stated that he understands the frustrations of the homeowners and shares their concerns. However, they do need some kind of indication from the City as to the proposed annexation in • order that they can proceed with their architectural plans. He stated that they do concur in the recommendation of the staff as set forth in the foregoing. Dick Nichols, 519 Iris Avenue, addressed the Council, and stated he did not feel the proposed project should be annexed to the City. He felt the project could not pass the City's traffic phasing ordinance and that it will destroy traffic patterns as far as access to Newport Center. He felt the City should "fight" the project and not allow it to become a part of the City. The City Attorney noted that in terms of the EIR for this development, the City Council has no legal avenue to challenge this project. Also, there is no legal notice required to be sent to surrounding property owners for the action the City Council is contemplating at this time. • Volume 39 - Page 222 COUNCIL MEMBERS \CAL ROLL99 !G� 9G9 99.` Fv.` CAF June 10, 1985 MINUTES INDEX In response to Council Member Hart, the Annexation/ Planning Director advised that the draft Bayview EIR for Santa Ana Heights Annexation • should be received by their department momentarily and be forwarded to the City Council, with a summary report, on July 8. Motion x Following discussion, motion was made to approve in concept, the annexation of the Bayview Parcel; initiate GPA 85 -2(A) and zone change; and direct staff to prepare a pre - annexation agreement, or development agreement. In response to Council inquiry, the Planning Director stated that the EIR for the J. M. Peters project, certified by the County, could be made available to the City Council within a week to 10 days. Council Member Strauss stated that he could not support the motion, inasmuch as he felt both areas (Santa Ana Heights and the Bayview parcel) should be looked at together. Mr. Trapp addressed the Council again, and stated that the purpose of bringing their project before the Council at this time was to see if there was a genuine • interest to move ahead with annexation, with the development plan that has been approved by the County. If it is the intent of the City Council to take the development plan previously approved by the County, and make major and significant modifications, then they are not interested in annexation. Council Member Hart stated that she could not support the motion at this time, as she did not feel there has been sufficient evidence submitted to warrant approval of all the square footage of the project, particularly without the benefit of reviewing one or both subject EIR's. Ayes x x x x The motion was voted on and carried. Noes x x: Abstain x Mayor Maurer stated that he abstained from voting due to his absence from the May 28 Council meeting when this item was originally presented. • Volume 39 - Page 223 CITY OF NEWPORT BEACH COUNCIL MEMBERS o s� 9\'PA�P ROLL F y�P June 10, 1985 MINUTES uunFY J. CURRENT BUSINESS: 1. Introduction and first reading of Ord 85 -19 proposed ORDINANCE NO. 85 -19, being, Legislation/ • ealth /Smok- AN ORDINANCE OF THE CITY OF NEWPORT ing Regs BEACH ADDING CHAPTER 6.25 OF THE (48) NEWPORT BEACH MUNICIPAL CODE REGULATING SMOKING IN PUBLIC AREAS AND WORK PLACES, was presented with report from the City Attorney. Letter from Michael J. Christianson regarding Los Angeles Times editorial concerning smoking ordinances, was presented. Letter from City employee Betty L. Connell regarding regulation of smoking in places of employment, and response to said letter from City employee Irene Butler, were presented. Letter from City employee Eve Morvay in urging adoption of a nonsmoking ordinance in the work place, relating her personal experience, was presented. List of letters from concerned citizens, student, City of Newport Beach employees, and Bank of America employees • in favor of smoking ordinance (individual letters on file in the Clerk's office), was presented. The City Clerk reported that after the agenda was printed, 10 additional letters were received from Newport Beach City employees, as well as resident, Nancy Skinner, in support of the proposed ordinance. In addition, a packet of information was received and distributed to the Council from Californians for Nonsmokers Rights. In response to Council inquiry, the City Attorney stated that the restrooms in City Hall will be designated as "No Smoking" areas. However, as to work places within City buildings, the rules that apply to private work places that are established by the proposed ordinance would apply equally to the City as well. In summarizing the ordinance, the City Attorney noted.that the ordinance requires an employer to develop a formal policy with.respect to smoking/ • non - smoking in the work place, and is Volume 39 - Page 224 4 COUNCIL MEMBERS \CAL ROLL June 10, 1985 MINUTES INDEX required to work with the smoker/ Legislation/ non - smoker to reach a reasonable Smoking Pegs accommodation. It also gives the • non - smoker a right to designate his or her immediate workplace as a non - smoking area. In this regard, he stated that the ordinance is somewhat less stringent than those adopted by San Francisco, Palo Alto or Laguna Beach. Those ordinance's ultimately require the employer to give preference to non - smokers if they are not satisfied with the employer's efforts to reach a reasonable accommodation of interests. The proposed Newport Beach ordinance requires the employer to do more than prohibit smoking in the immediate area, but no more than is "feasible." Irene Butler, City employee, addressed the Council in support of the ordinance; however, she did indicate there should be more stringent rules prohibiting smoking within the work place. She Stated that self- regulation in the work place is not the answer, and that this is a sensitive issue, as most of the employees do not want to "inform" or complain about their co- workers, especially if the offending smoker is their supervisor, or boss. She added that the majority of City employees are • non - smokers. She does feel that there should be a place provided for the smoker during their rest period or break, and felt that the City Council should set forth some definite guidelines, as the ordinance is too "loosly" written. Jim Dale, 5208 South Bay Front, representing the Villa Nova Restaurant, addressed the Council in opposition to the ordinance. He Stated that he felt the City should not get involved in this type of regulation, and should leave it up to each restaurant as to how they handle smoking /non - smoking areas. He emphasized that restaurant owners should have the choice as to whether or not regulations should be imposed. He also felt that, if the ordinance were adopted, proper enforcement would be very difficult. He felt the City would meet with more success if this were a voluntary program. Ronald Soldana, representing the Tobacco Institute, addressed the Council and • stated that he was opposed to a mandatory ordinance with respect to the Volume 39 - Page 225 CITY OF NEWPORT BEACH COUNCIL MEMBERS. JA +9 S 99 �, S F9 � ti F 9 9 cF F June 10, 1985 G C ROLL MINUTES imnF Y private work place. He stated the Legislation/ ordinance placed an unfair burden on Smoking Regs business, and that not all businesses • have the same kind of working conditions, wherein smoking /non - smoking areas can be provided. Many of the businesses they have surveyed had adopted smoking /non- smoking policies and are dealing with the problem. By adopting a mandatory ordinance for the private work place, he felt the City was eliminating the spirit of cooperation between smokers and non - smokers. He also felt that enforcement would be a problem and suggested that a voluntary approach be used in the private sector. Michael Christensen, original proponent of the smoking ordinance, addressed the Council and stated that the voluntary smoking program is already ineffective, and that is why 77% of the Californians polled want regulations in restaurants, and 70% want smoking regulations in the work place. He stated that he would agree with some of the comments made by Jim Dale, if smoking were not injurious to our health. He stated that kitchens in restaurants are regulated for health purposes and so should eating establishments for the same reason. He pointed out that 64% of the public does • not smoke, and therefore, favor should be given to the health interest. Nancy Skinner, 1724 Highland Drive, addressed the Council in support of the proposed ordinance. She felt it was important for restaurants, as well as banks, service lines, theatres, etc., in order to ensure a smoke -free environment. Walt Bilofsky, Californians for Nonsmokers' Rights, addressed the Council in favor of the ordinance, stating that second -hand smoke is hazardous to the non - smoker. With regard to the provisions contained in the ordinance concerning the work place, the law is relatively weak. He stated that most cities have added language prohibiting smoking in hallways, conference rooms and lunch areas. The ordinance is very flexible as to the business community and should not create too much opposition. Mr. Bilofsky recommended that some specific provisions be added to the • proposed ordinance in the work place, as Volum3 39 - Page 226 MINUTES umcv suggested by the City employee who spoke Legislation/ earlier, so that employers would have Smoking Regs some more specific guidelines, and • non - smokers would have more specific protection. Notion x Motion was made to introduce Ordinance Introduced No. 85 -19, and pass to 2nd reading on Ord 85 -19 June 24, 1985. I Council Member Agee stated that he was opposed to the ordinance, and felt the City Council has "glossed" over it. He felt a report should have come from the Police Department regarding enforcement and that further investigation should be done. He stated that he would rather promote a voluntary program instead of enacting an ordinance which he felt the City Council really "knows nothing about." Ayes x x x x x x The motion was voted on and carried. Noes x Bonnie Jeannette, 400 Santa Ana Avenue, addressed the Council and submitted a petition containing 46 signatures supporting the smoking ordinance. 2. Verbal presentation by Newport Beach Fire Fghtr Fire Fighters Association regarding -2060 1985 -86 Salary Negotiations. (38) Report from City's Negotiating Team, was presented. Jim Upton, President, Newport Beach Fire Fighters Association, addressed the Council and submitted a letter which he read in full, and stated in part: "I, as the Association President, feel that I and the Association have been treated with a total lack of regard and courtesy. The issues regarding 'J -1' are still here. It has been applied again, as it was last year. You have not yet met with us in an effort to resolve or understand our point of view. "We can no more accept a condition that puts us at impasse this year than we could last year. You, by not meeting us on common ground as you indicated, have forced us again to that regrettable position - impasse. • Volume 39 - Page 227 ;®UNCIL. MEMBERS ��9GSCG?'9r 0 Motion Ayes Abstain Motion All Ayes 0 • MINUTES June 10, 1985 "We again ask that you meet with us and give this issue due consideration. Allow us to, at the very least, present to you our case. Do that and we can, at least for the time being, remove ourselves from this position." Council received and filed the foregoing; permitting the verbal presentation. 3. Report from Balboa Bay Club Ad Hoc Committee concerning MEMORANDUM OF UNDERSTANDING, was presented. Council Member 'Heather advised that she would abstain from participation on this item. Motion was made to approve and authorize the Mayor to execute subject Memorandum of Understanding. 4. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (for appointment on June 24, 1985): BOARD OF LIBRARY TRUSTEES 1. Edward Conn Carol Strauss 2. x Jean Kiger X X X X x CIVIL SERVICE BOARD X Hilbert Carson Walter Howald PARKS, BEACHES AND RECREATION x COMMISSION 1. Diana Springer Robert Cooper x Janie Arnold Clyde Brenner MINUTES June 10, 1985 "We again ask that you meet with us and give this issue due consideration. Allow us to, at the very least, present to you our case. Do that and we can, at least for the time being, remove ourselves from this position." Council received and filed the foregoing; permitting the verbal presentation. 3. Report from Balboa Bay Club Ad Hoc Committee concerning MEMORANDUM OF UNDERSTANDING, was presented. Council Member 'Heather advised that she would abstain from participation on this item. Motion was made to approve and authorize the Mayor to execute subject Memorandum of Understanding. 4. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (for appointment on June 24, 1985): BOARD OF LIBRARY TRUSTEES 1. Edward Conn Carol Strauss 2. Gary D% Sano Jean Kiger CITY ARTS COMMISSION 1. Patty Gene Sampson Evelyn Moodey CIVIL SERVICE BOARD 1. Hilbert Carson Walter Howald PARKS, BEACHES AND RECREATION COMMISSION 1. Diana Springer Robert Cooper 2. Janie Arnold Clyde Brenner PLANNING COMMISSION 1. Rena Koppelman Harry Merrill 2. Joan Winburn Gary Pomeroy Volume 39 - Page 228 Balboa Bay C1b Lease/ M -O-U C -519 (38) Boards/ Commissions COUNCIL MEMBERS \CAL ROLL 9G`�s �F9 ,p�9 ,SFP 0 0 0 0,, _ _ MINUTES June 10, 1985 INDEX K. ADDITIONAL BUSINESS: None. Meeting adjourned at 1:12 a.m. Mayor ATTEST: City Clerk Volume 39 - Page 229 INDEX