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HomeMy WebLinkAbout07/08/1985 - Regular MeetingCOUNCIL MEMBERS \CAL S� A li y y 9 cROLL Present Mo 'on yes Motion Ayes Abstain 0 Motion All Ayes MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE- .Tnly R_ IqA, • x x x x x x A. ROLL CALL. X B. Motion was made to waive the reading of the Minutes of the Regular Meeting of June 24, 1985, approve as written, and ordered filed. X Motion was made to waive the reading of • x x x x x the Minutes of the Special Meeting of x June 27, 1985, approve as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public hearing regarding requests of IRVINE PACIFIC, Newport Beach for: AMENDMENT NO. 612 - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the BRISA DEL MAR PLANNED COMMUNITY DISTRICT. The proposal also includes a request to amend a portion of Districting Map No. 32 so as to reclassify a portion of the subject property from the C -1 District to the Planned Community District and the acceptance of an Environmental Document; AND TRAFFIC STUDY - Request to consider a traffic study for a 96 unit residential condominium development; AND TENTATIVE MAP OF TRACT NO. 12209 - Request to subdivide three existing parcels of land and a portion of vacated Fifth Avenue, containing 6.63 acres, into a single lot for residential condominium development for property located in the P -C District. Report from the Planning Department, was presented. X Motion was made to continue the public hearing to August 12, 1985, as requested by the applicant. 2. Mayor Maurer opened the continued public hearing regarding GENERAL PLAN AMENDMENT 83-I(D), a request initiated by the CITY OF NEWPORT BEACH, to amend the Land Use Element of the Newport Beach General Plan for the FIFTH AVENUE /MACARTHUR Volume 39 - Page 251 INDEX Brisa del Mar /PCD PCA 612 Zoning (94) Traffic Study TMpTr 12209 GPA 83 -1(D) (45) COUNCIL MEMBERS c+ O� v CG3 9G9 9�� � c�F ROLL CAL s� �� July 8, 1985 MINUTES INDEX BOULEVARD (BRISA DEL MAR) PARCEL. Property located northeasterly of the • intersection of MacArthur Boulevard and East Coast Highway, between Sea Lane and Fifth Avenue; zoned P -C. Report from the Planning Department, was presented. Motion x Motion was made to continue the public All Ayes hearing to August 12, 1985, as requested by the applicant. 3. Mayor Maurer opened the continued public Bren Co/ hearing regarding requests of the BREN Corona del COMPANY, Newport Beach, for: Mar Cottage Homes AMENDMENT NO. 614 - Request to establish PCA 614 Planned Community Development Standards Zoning and adopt a Planned Community (94) Development Plan for the development of CORONA DEL MAR COTTAGE HOMES PLANNED COMMUNITY DISTRICT. The proposal also includes a request to amend portions of Districting Maps No. 32 and 51, so as to reclassify said property from the R -1 -B District to the Planned Community District; and the acceptance of an Environmental Document; AND TRAFFIC TRAFFIC STUDY - Request to consider a Traffic traffic study for an eighty unit Study single - family residential development; AND TENTATIVE MAP OF TRACT NO. 11949 - TMpTr 11949 Request to subdivide two existing parcels of land, containing 16.06 acres, into eighty numbered lots for single - family purposes; two lettered lots for private open space purposes; and three lettered lots for public alley purposes. The proposal also includes an exception to the Subdivision Code so as to allow the creation of interior lots which are less than fifty feet wide and less than 5,000 sq.ft. in area, and corner lots which are less than sixty feet wide and less than 6,000 sq.ft. in area. Property located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach City limits, in Corona del Mar. Report from the Planning Department, was • presented. Volume 39 - Page 252 Ma COUNCIL MEMBERS \CAL ROLL July 8, 1985 MINUTES INDEX Motion x Motion was made to close hearing, and withdraw applications as requested by Ayes applicant. 4. Mayor Maurer opened the public Hearing Ord 85 -17 regarding PROPOSED ORDINANCE NO. 85 -17, Zoning/ being, Restaurants (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF CHAPTER 20.72 AND SECTIONS 20.31.020, 20.32.020, 20.33.025, 20.34.020, 20.61.060. 20.62.040. 20.30.035, and 20.30.040 of the NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RESTAURANTS (PLANNING PCA 617 COMMISSION AMENDMENT NO. 617). Report from the Planning Department, was presented. Letters from The Newport Beach Restaurant Association, Grace Restaurant Company, Western Canners Company and California Restaurant Association regarding proposed ordinance, were presented. The City Manager summarized the purpose of the proposed ordinance noting that _ the City recently has been confronted with problems in conjunction with the operation of restaurants located near residential areas. The principal problems are noise and parking. Many restaurants in the older sections of the City are nonconforming in that they do not have adequate on -site parking spaces to serve the needs of their patrons or employees. This problem forces people to park their automobiles in nearby residential. neighborhoods, thereby depleting an already short supply of available parking spaces. Since many restaurants remain open until 1:00 or 2:00 a.m., patrons or employees leaving said facilities to retrieve their automobiles frequently create noise that disturbs residents. The City Manager stated that the City Council discussed this matter during several study sessions, and subsequently directed staff to draft appropriate revisions to the Zoning Code for the Planning Commission's review and recommendation. The Planning Commission considered the proposed ordinance and amended the same because Volume 39 - Page 253 CITY OF NEWPORT BEACH COUNCIL MEMBERS co s� \k"� S f 9,p� F ROLL CAL P July 8, 1985 MINUTES T:N7WO of the concerns of the Newport Beach PCA 617 Restaurant Association, which are set Zoning/ • forth in the staff report. Restaurants The City Manager advised that the Newport Beach Restaurant Association has requested this item be continued for an additional 30 days in order to permit more discussions with the City staff and restaurant owners regarding their concerns and the impact the ordinance will have on their businesses. In response to Council inquiry regarding notification of the proposed ordinance, the City Manager stated that all homeowner associations and restaurants within the City were given written notification of the subject proposal. The City Attorney advised that, within the next three to four weeks, he would make an effort to contact representatives of the homeowner associations which have shown some interest in the ordinance to learn of their major concerns. Joel Linden Thompson, General Counsel and Legislative Director for the California Restaurant Association, • addressed the Council and stated that they were requested to do an analysis of the subject ordinance and render a legal opinion as to its constitutionality. She stated that the effect of the proposed amendment would be retroactive, and in their opinion, it would be constitutionally impermissible. It is also their opinion that the operational conditions outlined in the ordinance having to do with the ABC licensees should be preempted under State law. Dick Nichols, 519 Iris Avenue, addressed the Council and submitted a letter regarding his concerns with the subject ordinance. He stated that, in his opinion, the ordinance would not be an improvement. He also felt the conditions as written by the California Restaurant Association are to their' favor. Motion x Motion was made to continue this item to All Ayes August 12, 1985, as requested. 5. Mayor Maurer opened the public hearing U/P 1965,(A) and City Council review of USE PERMIT (88) N0. 1965 (AMENDED) - A request of ERNEST Volume 39 - 254 j Z ",e r COUNCIL MEMBERS \CAL s o 3 ti ti v ROLL GSP �F 9 F9 Sip July 8, 1985 MINUTES INDEX GEORGE, Corona del Mar, approved by the U/P 1965(A) Planning Commission on June 6, 1985, to • amend a previously- approved use permit which allowed the expansion of the restaurant formerly known as A. T. Leo's and Laredo Cantina with on -sale alcoholic beverages and limited live entertainment and dancing, and the use of tandem parking spaces with a valet parking service. The proposed amendment includes a request to convert portions of the existing restaurant into retail commercial and office space and reduce the restaurant parking requirement to one parking space for each 50 sq.ft. of "net public area." The proposal also includes a modification to the Zoning Code so as to permit tandem parking with a full time valet parking service that would provide the required number of on -site parking spaces for the existing and proposed uses. Property located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive in Corona del Mar; zoned C -1 and R -1. Report from the Planning Department, was presented. The City Clerk reported that after the agenda was printed, a letter was received from Mel Grandinetti, 418 Hazel Drive, opposing any reduction in parking at the subject location. Ernest George, 2865 E. Pacific Coast Highway, applicant, addressed the Council and stated that he was in agreement with the recommendation of the Planning Commission with the exception of two concerns. He felt that Condition No. 6 regarding Valet Parking should be revised to apply only during the lunch period from approximately 11 a.m., to 2 p.m. He also felt that Condition No. 9 requiring a parcel map to be recorded prior to the issuance of any permits authorizing alterations to the existing building or any construction on the site be deleted, as it will create a hardship on the ability to rent any of the offices on the site. The Planning Director explained the reason for Condition No. 9 regarding parcel map recordation stating that the City Council, a number of years ago, adopted a regulation that when you have • a building which is currently built over Volume 39 - Page 255 Y' .•. , R • �'� '�.. COUNCIL MEMBERS co t ROLL CAL �r �� 9 F9 July 8, 1985 MINUTES INDEX existing property lines, and if there U/P 1965(A) was to be any modification to a • multi- family residential building or commercial or industrial building prior to accomplishing that modification, there would be a resubdivision required in order to combine those parcels and create a single building site. The Planning Director also stated that the Uniform Building Code prohibits the construction of a new building with openings across the existing property line. He pointed out that this particular building site is made up of several individual lots, approximately seven or eight, and there is that remote possibility in the future that, if there was not a plan to ultimately develop this as a single site, a land developer could come to the City with a proposal to develop or improve each lot individually. Therefore, when the City originally approved the use permit for A.T. Leo's restaurant, they observed this particular circumstance and imposed the condition regarding recordation of the parcel map. As yet, the property owner has not had it recorded. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to modify the decision All Ayes of the Planning Commission with respect to Condition Nos. 6 and 9, which are revised as follows: No. 6 -- That valet parking service shall be provided between the hours of 11:30 a.m, to 2 p.m. No. 9 - That a parcel map shall be recorded so as to eliminate interior property lines and create a single parcel of land. Said map shall be recorded within six months (January 8, 1986). E. PUBLIC COMMENTS: 1. Douglas Smith, 506 Clubhouse Road, ARCO addressed the Council regarding the ARCO Service Service Station located at 3401 Newport Station Boulevard. He stated that the station is open 24 hours, without the benefit of a use permit., or a business license. He stated that he has contacted various • City departments regarding the noise Volume 39 - Page 256 COUNCIL MEMBERS \CAL - t ROLL P �9 9 �p July 8, 1985 MINUTES INDEX emanating from the business in the early morning hours, but to date nothing has • been done to alleviate the disturbance. He stated that other residents have also complained to the City in writing. In response to Mr. Smith, the Planning Director stated that their office received Mr. Smith's letter and as a result, a letter was sent to a Mr. Ardell, dated June 20, 1985, informing him of the complaints, and advising that he was in violation of his operating requirements. A second letter was sent on June 25, 1985, and a third letter on July 2. The matter has now been turned over to the City Attorney's office for handling. The City Attorney advised that they will now conduct an office hearing with the individual in charge of the business, which will be done within a two -week period. Following that hearing, and if deemed necessary, a law suit will be filed in Superior Court seeking a court order to reduce the hours of operation. Mayor Maurer requested the City Attorney to notify Mr. Smith of the results of • the hearing. 2. Sandy Bishop, 1609 E. Balboa Boulevard, Vehicles/ addressed the Council regarding speeding Traffic of vehicles on the Peninsula, particularly near the "Y." She stated that drag racing in the area is becoming frequent, and that better police protection is needed. 3. Maria Goen, 316/31611 E. Ocean Front, Ocean Front addressed the Council and submitted a Beach petition with eight signatures of residents living on the Ocean Front, requesting the Police Department enforce the nightly 12 midnight closure of the Balboa fire rings in the 300 and 400 block of East Ocean Front. She stated that they suffer from noise, drunkenness, vomiting, urinating, profanity and litter from beer cans, - bottles, etc., until 3 a.m., or in some cases later. She stated that they had their wooden table and benches stolen from their front patio and burned in the fire ring in front of their home. Neighbors have had gates, flag poles, planters and other items also stolen to use as fire wood. She urged the Council • direct the Police Department to enforce the 12 midnight beach closure. Volume 39 -Page 257 6 = -a � i COUNCIL MEMBERS C s� \'P%P\<NP t 9 ROLL CAL �� July 8, 1985 MINUTES ffilfl* 1 4. Bernice Folgum, resident of Main Street, Balboa/ Balboa, addressed the Council regarding Public • vandalism, noise, and violence in the Nuisances area, and stated she felt there was a necessity for improved police patrol on the Peninsula. 5. Louis Kaufman, 112 -32nd Street, 32nd St/ addressed the Council regarding noise in Public his area until the early morning hours, Nuisances and requested better police enforcement. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -48 rescinding Balboa Pier Resolution 82 -36 revising the Prkg Lot schedule of rates for the Balboa Rates Pier Parking Lot. (Report from Res 85 -48 Traffic Engineering) (63) (b) Resolution No. 85 -49 rescinding Parking/ Resolution No. 82 -71 pertaining to Off -St Mtr • off - street meter zones and Zones regulations for the operation of Res 85 -49 parking meters. (Report from (63) Traffic Engineering) 3. CONTRACTS /AGREEMENTS: (a) Authorize the City Manager to 15th St/ execute a Professional Services Washgtn/ Agreement with N. S. Fairbanks, Bay Ave Architect, to prepare plans and Pblc Rstrms specifications for a new public C -2519 beach restroom at 15th Street, and (38) for refurbishing the existing restroom at Washington Street and Bay Avenue, for a total fee of $9,575. (Report from Public Works, also see F -9(d)) (b) Authorize the Mayor and City Clerk Upr Npt Bay to execute a Cooperative Project Bicycle Funding Agreement with the Eqstrn Trl Department of Fish and Game to C -2520 provide for a portion of the (38) construction of the Upper Newport Bay Bicycle and Equestrian Trail Project. (Report from Public • Works) Volume 39 - Page 258 Djkdaly �, COUNCIL MEMBERS \CAL ROLL July 8, 1985 MINUTES INDEX (c) Authorize the Mayor to execute Code Personnel/ 7 Settlement Agreement. (Report PD Code 7 • from City Attorney) Stlmt Agm C- 2056(38) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar., (d) To Executive Assistant to the City CATV /Grp W Manager for response, letter from (42) Group W Cable formally requesting a rate increase for its service within the Newport Beach franchise area, effective September 1, 1985. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Local Agency Formation, Orange County - Preliminary Agenda for July 10, 1985. (b) Applications before the California Public Utilities Commission: (1) Southern California Edison • Company Notice of filing amended application (No. 85 -02 -042). (2) Amendment to application (No. 85 -01 -034) of Pacific Bell. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Ralph E. Bernard alleging property Bernard damage as a result of accident with Police vehicle (Meter Maid), on Newport Boulevard near 29th Street on May 17, 1985. (b) Vera M. Gamble alleging personal Gamble injuries as a result of being rear -ended by City vehicle while stopped waiting for light to turn green. • Volume 39 - Page 259 CITY OF NEWPORT BEACH COUNCIL MEMBERS co s� \kp\(� 9 f G ROLL CAL 9 y�A July 8, 1985 MINUTES INDEX (c) Heritage Thrift and Loan Heritage Association alleging Police Thrift /Loan • Department refused release of vehicle to legal owner until the amount of $599 was paid for 13 outstanding traffic violations against the registered owner. (d) Frederick L. Ishinger alleging loss Ishinger of personal property as a result of damage by refuse truck at alley of 507 Jasmine. (e) James MacKilligan alleging personal MacKilligan injuries as a result of being struck by overhang addition from truck in pedestrian walkway during miscellaneous Newport Pier repairs for the City on March 18, 1985. (f) Brenda I. Macklin alleging property Macklin damage as a result of sewer backup at 1806 Leeward Lane on June 10, 1985. (g) Waldyr Pizzotti alleging personal Pizzotti damages as a result of City impounding claimant's vehicle and releasing said vehicle to a third party on March 14, 1985. • For rejection: (h) Late Claim of Richard Ardis who was Ardis involved in collision with City vehicle at Irvine Avenue on January 28, 1985, seeking reimbursement of deductible, which his insurance company did not cover. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Susan and Albert Powell for Powell personal injuries, Orange County Superior Court, Case No. 46- 11 -69. Claim was denied by City Council on May 13, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Refuse Crewman, Refuse Division. (b) Approve one Building Maintenance Man II, General Services. • Volume 39 - Page 260 COUNCIL MEMBERS C s o 7i S S v �� ROLL CAL Gam! � Z�9 July 8, 1985 MINUTES 17012 (c) Approve one Refuse Leadman, Refuse • Division. (d) Approve one Maintenance Man I, Field Operations Division. (e) Approve one Human Services Coordinator, Parks, Beaches and Recreation Department. (f) Approve one Accounts Payable Clerk, Purchasing Division. (g) Approve one Accounting Cashier, Finance Division. (h) Approve one Programmer Assistant, Data Processing Division. (i) Approve one Maintenance Man II, Field Operations Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. (b) Approve in concept, Joint Powers Fire Dpt/ Agreement for regulating hazardous Hazardous waste. (Report from Fire Waste • Department) (41) (c) Authorize Mayor to send letter of Fire Dpt/ commitment to share in funding the Radio Com- backbone cost and an interest in munications financing the City's cost depending System upon the rates and terms of (41) financing a County -Wide Fire Radio Communication System. (Report from Fire Department) (d) Report from Parks, Beaches and PB &R /Public Recreation Director with guidelines Beach RstrmE for refurbishment, replacement and (62) new construction of public beach restrooms. 10. PUBLIC HEARING SCHEDULING: None. 11. Report from the Planning Department PA 85 -2 regarding PROPOSED GENERAL PLAN (45) AMENDMENT 85 -2 - Sustain the recommendation of the Planning Commission and determine as unwarranted, a request to consider amending the LAND USE ELEMENT of the NEWPORT BEACH GENERAL • Volume 39 - Page 261 COUNCIL MEMBERS \CALP ROLL �� y�9 July 8, 1985 MINUTES UTOW.11 PLAN for the A.T.& T. facility site located on the northwesterly corner of • Camelback Street and Bison Avenue in the North Ford Planned Community. 12. Removed from the Consent Calendar. 13. RESUBDIVISION NO. 779 - Approve an Resub 779 agreement guaranteeing repair of (84) utilities and public improvements along West Coast Highway required of Resubdivision No. 779 (Portions of Lots G and H, Tract No. 919, located at 2901 West Coast :Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariner's Mile); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 14. ACCEPTANCE OF IMPROVEMENTS IN USE PERMIT U/P 1953 1953 (RESUBDIVISION NO. 683) - 'Accept (88) the public improvements constructed in conjunction with Use Permit 1953 (Parcel 2 of Parcel Map 114/19 -21 [ Resubdivision No. 5671 located on property bounded by Birch Street on the north, Von Karman on the east and south, and MacArthur Boulevard on the west, in Koll Center Newport); and authorize the City Clerk to release the Faithful Performance Bond • (No. 4376020), and Labor and Material Bond (No. 4:376020) in six months, provided no claims filed. (Report from Public Works) 15. ACQUISITION OF 202 -41ST STREET (A.P.# 202 -41st St 423 - 306 -05) - Authorize the purchase of Prpty Acq. 202 -41st Street for $160,000; and (73) authorize the acceptance of a grant deed from Harry H. and Mary T. Iverson for said property. (Report from Public Works) 16. 1984 -85 STREET AND ALLEY SLURRY SEAL 1984 -85 PROGRAM (CONTRACT NO. 2495) - Rescind Slury S1 the award of Contract No. 2495 to Sunset C -2495 Oil, Inc., and direct staff to collect (38) the bidder's bond; and rebudget the contract amount in the Fiscal Year 1985 -86 appropriation for Street and Alley Slurry Seal Program and rebid the work at the end of summer. (Report from Public Works) 17. Removed from the Consent Calendar. Volume 39 - Page 262 CITY OF NEWPORT BEACH COUNCIL MEMBERS np s� \f\�Xp \P\ f ROLL CAL July 8, 1985 MINUTES ieunFY 18. HARBOR PERMIT APPLICATION #145 -18 BY ROY Harbor Perm CARVER, III - Approve subject 11145 -18 • application to revise and relocate the (51) dock bayward of 1118 Harbor Island and to construct approximately 280 feet of new bulkhead subject to conditions of approval listed in the staff report. (Report from Marine Department) 19. BUDGET AMENDMENTS - For approval: (25) BA -001, $60,337.50 - Increase in Budget Appropriations to provide for carry -over of 1984 -85 Street and Alley Slurry Seal Program Project due to Contractor's failure to perform. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Building Director regarding Building/ WEEKEND WORKING HOURS FOR THE JOHN Cnstrctn DOMINIS RESTAURANT recommending extended (26) construction hours at 2901 Pacific Coast Highway, was presented. Vickie Edwards Sushi, 2401 Cliff Drive, representing the Newport Heights Community Association, addressed the Council and requested this item not be approved, inasmuch as it would disturb the sleep of many in the neighborhood, • and would also create a hazard to pedestrian and bicycle travel. The Public Works Director summarized the request as set forth in the staff report, and answered questions of the Council. Motion x Following consideration, motion was made Ayes x x x x x x to defer action on this item to July 22, Noes x 1985, with a request for clarification as to the specific time for excavation and pour. 2. A letter from City of Palm Desert Legislation/ Councilmember Phyllis Jackson urging SB 75 support for SB 75 (Foran) to address (48) "deep pocket" liability, was presented. Motion x Motion was made to refer the subject All Ayes letter to staff for response, advising the City of Palm Desert that the Orange County League of Cities has prepared a slide presentation to promote SB 75. • Volume 39 - Page 263 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -oROLL Gds July 8, 1985 MINUTES 1X912:1 3. Letter from Patrick O'Connor regarding Undrgr Utl Underground Utilities District #11, was Dist#11 • presented. (89) Motion x Motion was made to refer the subject All Ayes letter to staff for response, advising Mr. O'Connor of the action taken by the City with regard to this project. 4. Letter from Nancy Skinner suggesting City Cncl that consideration be given to use of a Meeting/ sign -in card by the general public when Sign -in addressing the Council during the City Cards Council meetings, was presented. (33) Motion x Motion was made to approve the use of a All Ayes sign -in card by the general public, as suggested in the foregoing. 5. Report from the Executive Assistant Council regarding adoption of City Council Policy Policy F -22 - 'Human Services Reserve F -22 Account, was presented. (69) Motion x Motion was made to adopt City Council All Ayes Policy F -22, as amended, revising paragraph three, second sentence to read, 11organizations, the City Manager shall review......." rather than Parks, Beaches and Recreation Commission shall review. 6. 6. A report from Public Works Department Community regarding the COMMUNITY YOUTH CENTER Yth Ctr CONSTRUCTION, CONTRACT NO. 2511, was C -2511 presented. (38) Dick Nichols, 519 Iris Avenue, addressed the Council and stated that he was pleased to see this project ready for construction. However, he did feel the residents should have had an opportunity for input. Motion x Motion was made to approve the plans and All Ayes specifications and authorize the City Clerk to advertise for bids to be opened at 11 a.m. on August 14, 1985. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 85 -18, being, Ord 85 -18 Veh /Trfc AN ORDINANCE OF THE CITY OF NEWPORT Bicycles BEACH AMENDING SECTIONS 12.56.010 (85) AND 12.56.140 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING THE DEFINITION AND OPERATION OF • BICYCLES, Volume 39 - Page 264 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 9-o \<�P tp July 8, 1985 o c ROLL MINUTES nnai j was presented for second reading with Veh /Trfc/ • report regarding proposed revisions from Bicycles Assistant City Attorney, and report from City Attorney dated June 10, 1985. Letter from Linda L. Slaughter in support of,banning the 3- wheel bicycles from the Oceanfront sidewalk and from Dona Colombero in support of not allowing them on the Peninsula. The City Clerk reported that after the agenda was printed, a letter was received from the Balboa Improvement Association with petitions requesting the 3- wheeled bicycles be banned from the Ocean Front. A letter was also received from resident Stephanie Matrix in support of the ordinance. Dick Hobbs, owner of Four Front Cycles, addressed the Council and received clarification of the ordinance from the City Attorney. It was noted that the proposed ordinance would prohibit 3- wheeled bicycles, bicycles, surrey cycles, pedicab or other wheeled devices upon any sidewalk in the City. • The following persons addressed the Council in favor of the ordinance: Gordon Wheeler John Miller Carol Weslyn Bill Weston, Ocean Front Wheel Works, addressed the Council, and stated that two weeks ago they began a skate patrol along the Edgewater Sidewalk between Main Street and the Ferry. They are out from 12 noon to 4 p.m. each day and from 8 p.m. to midnight each evening. As yet they have not had any problems with the 3- wheeled bicycles on the Ocean Front. With respect to lights on the bicycles, battery operated lights are placed on the bicycles for nighttime use. In response to Council inquiry regarding enforcement of the ordinance, the City Manager stated that if the ordinance is adopted, the Police Department will do everything they can to enforce it. Initially some educated efforts will be made on the part of the Police • Department. In addition, owners of the Volume 39 - Page 265 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL - s 1 'V ROLL Gds 9 gip July 8, 1985 MINUTES I db7 y:1 3- wheeled bicycle rental shops will have • a 30 -day period to adjust their operation, post signs, etc., and notify the renters of the legal obligations. After a certain period of time, the City would then issue citations for violation of the Municipal Code. Motion x Following discussion, motion was made to All Ayes adopt Ordinance No. 85 -18, with the request that the City Manager report back at the next meeting with a "plan of action" as to how the ordinance will be enforced by the Police Department. 2. Proposed ORDINANCE NO. 85 -20, being, Ord 85 -20 Curfew AN ORDINANCE OF THE CITY OF NEWPORT Legislation/ BEACH AMENDING THE PROVISIONS OF PD CHAPTER 10.36 PERTAINING TO CURFEW, (48/70) was presented for second reading and adoption, with report from City Attorney; Letters from Robin Goodenough and Dona Colombero in support of proposed curfew, were presented; AND • 3. Proposed EMERGENCY ORDINANCE, being, Emergency Ord /Curfew AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 10.36 PERTAINING TO CURFEW, was presented for adoption (see report with H -2); The City Clerk reported that after the agenda was printed, letters were received from the Balboa Improvement Association and Central Newport Beach Association, in favor of the curfew ordinance. In addition, letters were received from residents Jean C. Prebicin, John and Mimi Vestal, and Virginia Goodenough, in support of the ordinance. The City Manager summarized the two ordinances under consideration, as set forth in the report from the City Attorney. Police Chief Charles Gross addressed the Council and stated it is their intent to use the curfew ordinance as a means of • providing a higher degree of protection for young people in the community. Volume 39 - Page 266 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL A July 8, 1985 MINUTES irrr.TT&IJ Their support of the ordinance is based Curfew • on the fact that the ordinance does Legislation provide that degree of protection. The curfew ordinance provides an opportunity to minimize chances of minors getting into trouble. With respect to enforcement of the ordinance, it would be their policy that the officer contact those individuals when they sense a youth is in danger and advise those persons of the curfew regulation. If the individuals fail to take advantage of the advice and do not leave the area as requested, then those persons would be physically delivered to their parents by the Police Department. In discussion of the ordinance, it was pointed out that it would apply only to minors who "loiter" or "idle" in certain specified areas. It is not the intent of the ordinance to interfere with a person's constitutional rights. With regard to how the proposed curfew of 10 o'clock was chosen, the Police Chief commented that 10 p.m. has always been the "historic" hour for a curfew ordinance, and he would urge the Council to approve the 10 p.m. curfew because, in his opinion and from his experience, • it does not restrict young people in those activities which are appropriate and which are permitted under the ordinance. The following persons addressed the Council in opposition to the ordinance: Victoria Murray, Member of the Fountain Valley Youth Commission Craig Schwank, ASB President, Newport Harbor High School Mark Tiger, President of Speech and Debate Team, Newport Harbor High School Tracy Baker, Irvine resident Cliff Ryan, Irvine resident Fred Bockmiller, 324 Pirate Road The following persons addressed the Council in favor of the ordinance: Lisa Horvath, Anaheim David Beech, 318 Alvarado Place, Member of the Central Newport Community Association Charles Bauman, President, Balboa Improvement Association and • Balboa Peninsula Association Volume 39 - Page 267 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� o s ti v ROLL Get p y�9 July 8, 1985 MINUTES INOF% Alfred Fitzpatrick, 5009 Seashore Curfew Drive Legislation • Lois Kaufman, 112 -32nd Street Gino DiSano, 912 Balboa Boulevard Sidney Bickel, 3801 Seashore Drive Peter Ebel, 3709 Seashore Drive Lynne Bloomberg, Vice President of Newport Mesa PRIDE, 1300 Antigua, addressed the Council and stated that their organization is in contact with parents daily who, she feels, would support the curfew ordinance; however, they do feel there is a need for a place where the youth can socialize in a healthy and safe atmosphere. She suggested a committee be formed of teens, community and City leaders, church representatives and parents to examine the possibility of City - sponsored dances and hopefully a long -range goal of a teen center. Mark Armstrong, Costa Mesa, addressed the Council regarding enforcement of the ordinance when a minor is not carrying identification. He also stated that if the ordinance is adopted, he felt 10 p.m. was too early. Heidi Katella, Irvine Resident and • Gordon Wheeler, Balboa, addressed the Council and suggested there be more police protection in the problem areas prior to adoption of a new curfew ordinance. Council Member Hart stated that the City, as well as businesses and residents, have been studying the feasibility of a new curfew ordinance for more than two years. The problems are not only in the Balboa Pavilion area, but at Newport Pier and Seashore Drive. The City Council feels it is time to give the residents some sort of relief. The Council is very proud of the City and the,City provides a great deal for its visitors and tourists; however, there is a limit as to how much the residents can tolerate, as they too, need time for relaxation. She feels the 10 p.m. curfew is appropriate, and that 11 p.m. is too late, inasmuch as it will take the Police Department that additional hour to quiet down the problem areas. • Volume 39 - Page 268 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL g�GROLL S� �9 �9 July 8, 1985 MINUTES 11LIMC Y Mayor Pro Tem Plummer stated that she Curfew • agreed with the comments of Council Legislation Member Hart. However, she does not feel the curfew ordinance will solve the problems entirely, but'does feel the City Council is forced to enact some type of regulation. She stated that the City provides beaches and water recreation to its visitors and residents all day long, with the City "picking up the tab." She also felt that the City was too small to hold all of the people on the streets that patronize the beaches during the day, and was fearful the crowds will soon turn into mobs. Council Member Strauss commented that he felt a curfew ordinance was in order, but does not agree with the proposed curfew of 10 p.m. He felt 10 p.m. was unreasonable for young people and felt that 11 p.m. was more appropriate. He also suggested the City Council review the subject ordinance at its October 28 Council meeting to ascertain "how it is working out," and whether it should be modified, etc. Council Member Heather suggested the Council give consideration to changing the Emergency Ordinance to an 11 p.m. • curfew time and "test it out" for a period of 30 days. Motion x Following consideration, motion was made to adopt Emergency Ordinance No. 85 -21, with 10 p.m. curfew. Council Member Agee stated that he was opposed to the 10 p.m. curfew and felt 11 p.m. was a more reasonable time. He was pleased with the Police Department's policy with respect to enforcement of the ordinance as stated by Chief Gross. However, he does feel there should be more police officers visible during the Summer months in all of the problem areas. He was also in favor of investigating the possibility of more City — sponsored youth activities, as suggested by Mrs. Lynne Bloomberg. In view of the foregoing comments by Council Members Agee, Heather and Strauss, Council Member Hart withdrew her motion, inasmuch as the Emergency Ordinance needs five affirmative votes for passage. • Volume 39 — Page 269 COUNCIL MEMBERS Motion Dyes Motion All Ayes x x Red I x l x l x I x I x x Ix • Motion All Ayes • x MINUTES July 8, 1985 Motion was made to adopt Emergency Ordinance No. 85 -21, with an 11 p.m. curfew, for 30 days, and with the provision that the Emergency Ordinance will remain in effect until the permanent ordinance becomes effective. Motion was made to reintroduce Ordinance No. 85 -20 with an 11 p.m. curfew, and pass to second reading on July 22, 1985. I. CONTINUED BUSINESS: 1. NOMINATION TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE: PARKS, BEACHES AND RECREATION COMMISSION Janie Arnold was assigned the green light; and Clyda Brenner was assigned the red light. Clyda Brenner was appointed to a 4 -year term ending June 30, 1989. J. CURRENT BUSINESS: Emergency Ord 85 -21 Reintroduced Ord 85 -20 Bds /Cmsns 1. Request for waiver of fees for policemen Npt Hrbr/ used at Graduation Night at Corona del CdM High Mar and Newport Harbor High Schools from School Bonnie McLellan, was placed on the Request agenda at request of the Mayor. Mayor Maurer advised that this request was being presented to the Council, inasmuch as there was a misunderstanding on the part of the two schools with regard to police participation. The activity was a fund - raising event benefitting the schools, and he and Chief Gross were of the opinion that the fees for the on -duty policemen used at the function should be waived. Motion was made to grant the request. K. ADDITIONAL BUSINESS: None. Meeting 5l�f /_