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HomeMy WebLinkAbout11/09/1981 - Regular MeetingC UNCIL ME 8 RS yy '�,!' vy yy�G 9 ROI- I CAI 1 REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 9, 1981 MINUTES - -- - nvuCA The Mayor presented a proclamation to Police Chief Gross in honor of Police Recognition Day, November 12th. sent x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of All Ayes October 26, 1981 was waived, approved as written and ordered filed. Motion x C. The reading of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding 0 -1889 Ordinance No. 1889, being, Zone Amnd (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.87.260 OF THE NEWPORT BEACH MUNICIPAL CODE DEFINING "PARKING SPACE" TO CLARIFY THE MEANING OF THE TERM "ACCES- SIBLE," PLANNING COMMISSION AMENDMENT NO. 566, a request P/C Amnd 566 initiated by the City of.Newport Beach, to con- sider an amendment to Title 20 of the Newport Beach Municipal Code to amend the definition of the term "parking space." A report from the Planning Department was pre- sented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Adopted Ordinance No..1889; staff instructed to All Ayes prepare article for next Citizens Newsletter. 2. Mayor Heather opened the public hearing regarding Undergr /Util PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 8 (89) (along Superior Avenue from Coast Highway north - erly to the southerly boundary line of Tract 7817). A report from the Public Works Department was pre- sented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Adopted Resolution No. 11080, establishing under- R -11080 All Ayes ground Utility District No. 8 and ordering the removal of poles, overhead wires and associated overhead structures and the underground installa- tion of wires and facilities for supplying elec- tric communication or similar or associated service within that area of the City located within said district. • Volume 35 - Page 330 CITY OF NEWPORT BEACH C UkA ME B RS MINUTES �S9 �n Nnvamhar 9. 1981 IAIf1GN 3. Mayor Heather opened the public hearing regarding Tow Services CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY (70) FOR TOW SERVICE FOR CUSTOM TOWING AND VISTA TOW- ING. • A report from License Supervisor, Finance Depart- ment, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Adopted Resolution No. 11081, granting a Certifi- Custom Towg All Ayes cate of Public Convenience and Necessity to R -11081 Custom Towing in connection with Towing Services within the City of Newport Beach; and Adopted Resolution No. 11082, granting a Certifi- Vista Towg care of Public Convenience and Necessity to Vista R -11082 Towing in connection with Towing Services within the City of Newport Beach. 4. Mayor Heather opened the public hearing regarding 0 -1890 proposed Ordinance No. 1890, being, CATV (42) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS OF TITLE 5, CHAPTER 5.44, 0 THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "COMMUNITY ANTENNA TELEVISION." A report from the City Manager, was presented. Hearing no one wishing to address the Council, the • public hearing was closed. Motion X Introduced Ordinance No. 1890. All Ayes 5. Mayor Heather opened the public hearing regarding 0 -1891 proposed Ordinance No. 1891, being, Community Antenna /Frch AN ORDINANCE OF THE CITY OF NEWPORT BEACH (42) RENEWING A NONEXCLUSIVE FRANCHISE WITH COM- MUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN SAID CITY. A report from the City Manager, was presented. It was pointed out that the proposed ordinance was basically a 10 -year extension of the current franchise to coincide with the expiration of the Teleprompter franchise in January, 1992. The pro- posed ordinance also increases the franchise fee from 3% to 5%, which is the highest percentage permitted by law. The proposed ordinance also provides for the addition of a new base, which includes 'pay television. Tom LaFourcade, 11 Quiet Moon, Irvine, President of Community Cable Television, addressed the Council and stated that he had been in contact with the • Volume 35 - Page 331 CITY OF NEWPORT BEACH t ME B RS MINUTES I Q November 9, 1981 • Motion All Ayes Aon Ixlx) Ixlxlxlx Abstain x Motion x All Ayes is local management of Teleprompter regarding a Community possible "tie -in" with their system. There has Antenna TV been a tentative agreement to connect the two systems at the time the Eastbluff portions of the City are built. With respect to local programming, Mr. LaFourcade advised that they presently cablecast live, all Irvine City Council and School Board meetings. They are also cablecasting the Newport Beach City Council meetings on a delayed basis, which they plan to televise live when the inter - connect occurs. They have televised programs relating to health services, religion, education, social services, and the Irvine quorum regarding political issues. It is their hope to initiate some programs they could exchange with Teleprompter, which would fill some voids. Hearing no others desiring to address the Council, the public hearing was closed. Introduced Ordinance No. 1891. E. PUBLIC COMMENTS: 1. Don Collings, 318 Amethyst Avenue, Balboa Island, addressed the Council and suggested consideration be given to acquiring the open space property on Mariners Mile for a future City park. It was also suggested the park be named after the sailor, Donald Vaughn. Referred to Parks, Beaches and Recreation Commis- sion for report and recommendation. 2. Carol Frost, resident of Corona del Mar, addressed the Council and complained of the noise created from A. T. Leo's Restaurant located at 3901 Coast Highway. She stated it has been rumored that there will soon be a discotheque in the restaurant, which she felt would only add to the nuisance problem. The City Manager stated that the City had been approached on this problem and has written a letter to the restaurant owner, advising that the parking lot to their rear should be locked so that cars cannot exit in that manner. The City did receive a response stating the parking lot would remain permanently padlocked; however, it will be checked by staff. F. CONSENT CALENDAR: The following actions were taken as indicated except for those items removed: Volume 35 - Page 332 PB &R /Com (62) r•. L J • L CITY OF NEWPORT BEACH MINUTES 1. ORDINANCES FOR INTRODUCTION - For introduction and pass to second reading on November 23, 1981: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11083 supporting the implemen- tation of an Agricultural Activities Sedi- mentation Control Plan for Upper Newport Bay Watershed. (A report from the Planning.Depart- ment) (b) Resolution No. 11084 authorizing the Mayor and City Clerk to execute a License Agreement between the City of Newport Beach and J. H. Handy in connection with storm drain improve- ments across the public right -of -way for Resubdivision No. 559 (Mariners Drive); and directing the City Clerk to have the Agreement recorded with the Orange County Recorder. (A report from the Public Works Department) (c) Resolution No. 11085 authorizing the Mayor and City Clerk to execute a Recission Agreement in connection with a Public Works Contract with B -1 Enterprise.Corporation. (A report from the City Attorneys Office) (d) Resolution No. 11086 authorizing the Mayor and City Clerk to execute a Helicopter Maintenance Agreement. (A. report from the Police Depart - went) 3. COMMUNICATIONS - For referral as indicated: (a). To the Planning Commission for inclusion in their records, a copy of a letter from Richard A. Nichols, President, Corona del Mar Com- munity Association regarding down- zoning present high density development. (b) To the Traffic Affairs Committee for inclusion in their records, a letter from Mrs. M. Stewart regarding stop signs at Aliso and 15th in Newport Heights. (c) To the Traffic Affairs Committee for reply, a petition bearing 38 signatures from residents in the vicinity of Balboa Avenue and 41st Street, requesting a four -way stop sign. 4. COMMUNICATIONS - For referral to the City Clerk inclusion in the records: (a) Copy of a letter from Ronald Kennedy regardi the Irvine Coast Local Coastal Plan Circula- tion Study in relation to the San Joaquin Hills Transportation Corridor, and the State Park System. 0 Volume 35 - Page 333 Upper Npt Bay Wtrshed R -11083 (51) J. H. Handy Lie /Agm R -11084 C -2305 (38) B -1 Enterpr/ Recisn Agm R -11085 C -2266 (38) HelcptrM /Agm R -11086 C -2133 (38) P/C (67) TAC /Comte Signs (81) TAC /Comte Signs (81) • • i. - - - c y, November 9, 1981' MINUTES (b) Copies of letters to U.S. Senators regarding Al "King Alfonso" Lizanetz's ongoing campaign against Seagram Distillery. (c) Orange County Health Planning Council notice of public hearing Monday, November 16, 1981, on appropriateness review findings and recom- mendations for perinatal services. (d) Preliminary Agenda for Local Agency Formation Commission of Orange County, dated November 12, 1981, and Minutes of October 14. (e) Removed from the Consent Calendar. (f) Southern California Edison Company's letter Public Utilities Commission regarding tariff schedule changes. 5. CLAIMS FOR DAMAGES - For denial and confirmation the City Clerk's referral to claims adjuster: (a) Stella Dodge for personal injuries sustained on August 22, 1981, when claimant fell on alleged dangerous and defective sidewalk. (b) Leila Menedez for alleged personal injuries a result of City vehicle running over claim on beach on September 11, 1981. (c) Philip C. and Shirley L. Cooper for property damage and personal injuries as the result of collision, alleging traffic signal manfunc- tioning on July 30, 1981. 6. SUMMONS AND COMPLAINTS - None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (A report from the City Manager) (a) One Police Sergeant, Police Department. (b) Two Emergency Equipment Dispatchers, Police Department. (c) One Parking Control Officer, Police Depart- ment. (d) One Animal Control Officer, Police Department. (e) One Police Officer, Police Department. (f) Three Police Clerk Is, Police Department. (g) One Equipment Mechanic I, General Services Department. (h) One Equipment Serviceworker, General Services Department. • V 111111 Volume 35 - Page 334 (36) Dodge Menedez Cooper (66) CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES i 'tip ROLL CALL �!+ 9 November 9 1981 1 NDEX (i) One Maintenance Man I, General Services Department. (j) One Maintenance Man II, General Services • Department. (k) One Plan Check Engineer, Building Department. (1) One Counterman II, Planning Department. 8. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval: (a) A report from the City Clerk TRANSMITTING GPA 80 -3 CERTIFICATION BY THE COUNTY REGISTRAR OF Referendum VOTERS ON REFERENDUM PETITION - GENERAL PLAN Petition AMENDMENT NO. 80 -3. (39) 9. PUBLIC HEARING SCHEDULING - None. 10. APPROVAL OF TRAVEL /EXPENSE REIMBURSEMENT FOR Cncl /Expense COUNCIL MEMBER PAUL HUMMEL - For $336.65, atten- (25) dance at the 1981 Annual Conference, League of California Cities in San Francisco, October 17 - 19, 1981. 11. APPROVAL OF PUBLIC WORKS RECOMMENDATION TO APPROVE Christmas THE DISPLAY OF CHRISTMAS LIGHTS,AND DECORATIONS Decorations (BALBOA ISLAND BUSINESS ASSOCIATION REQUEST) ON Balboa Is. CITY STREETS - Subject to a written request from (74) the participating community and /or business associ- ation outlining the scope of the decorations; approval of the Traffic Engineer; and approval of • the Utilities Director. (A report from the Public Works Department) 12. BUDGET AMENDMENTS - For approval: (25) BA -051, $1,500,00 Increase in Budget Appropria- tions for purchase of two rescue tripods required for rescue of workers from manholes and vaults; Special Departmental Supplies - General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed Ordinance No. 1892, being, 0 -1892 St /Impvms AN ORDINANCE OF THE CITY OF NEWPORT BEACH (82) AMENDING SECTION 12.52.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD A 'ONE -WAY" DESIGNATION FOR HAZEL DRIVE BETWEEN POPPY AVENUE AND EAST COAST HIGHWAY, was presented for introduction and second reading. on November 23, 1981. A report was presented from the Traffic Affairs Committee. A letter from Lindsay Lane, supporting the concept of Hazel Drive as a 'one -way" Street, was pre- . sented. Volume 35 - Page 335 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ti � o ti� s ROLL CAL L� n� �A November 9, 1981 1 BIOFY The City Clerk reported that after the printing of the agenda, a letter was received from J. Ray Construction Company in support of the proposal regarding Hazel Drive. • Leonard Seltzer, 519 Hazel Drive, addressed the Council and spoke in favor of the request. Mayor Heather recognized those others in atten- dance Who were also in support of the proposed ordinance. Motion x Ordinance No. 1892 introduced. All Ayes 2. AMENDMENT TO APPLICATION NO. 60670 (24 -HOUR EX- PUC /St CA PRESS, INC.) before Public Utilities Commission, (28) was presented. Motion x Staff instructed to send letter endorsing subject All Ayes Application. H. ORDINANCES FOR ADOPTION - None. I. CONTINUED BUSINESS: 1. APPOINTMENT TO TRANSPORTATION PLAN CITIZENS TP /CAC ADVISORY COMMITTEE. (24) Motion x Confirmed (District 3) Mayor Pro Tem Hart's ap- Al1 Ayes pointment of John S. Vallely as a member of the Transportation Plan Citizens Advisory Committee to fill the unexpired term of Owen E. Minney, ending • December 31, 1981. 2. A report from the Public Works Department, dated Ballard October 26, 1981, was presented regarding ENCROACH Encroachm MENT PERMIT FOR DAVID BALLARD at 5520 River Avenue, (65) Motion x Continued to December 14, 1981, as requested by All Ayes Council Member Plummer. J. CURRENT BUSINESS: 1. Reports from the City Attorney's Office regarding GPA 80 -3 REFERENDUM - GENERAL PLAN AMENDMENT NO. 80 -3, were Referendum presented. Petition (39) The City Clerk advised that, after the printing of the agenda, a letter had been received from Residents Action Plan Committee regarding refer- endum Council action. The City Manager outlined the options available to the Council, as enumerated in the report from the Acting City Attorney. Volume 35 - Page 336 • CITY OF NEWPORT REACH C UNCIL ME B RS MINUTES G 9 •\ G `� ROLL CALL `�'J, p November 9, 1981 INDEX It was pointed out that once a referendum petition GPA 80 -3 has been officially filed, the effective date of Referendum said resolution remains suspended until such time Petition as the issue is put to a vote of the people, or • the resolution is repealed by the City Council. Motion x Directed staff to prepare necessary documents for presentation to City Council on January 11, 1982, calling a Special Election to be consolidated with the June 8, 1982 State Primary. Motion x Substitute motion was made to direct the staff to prepare the necessary documents for Council con - sideration on December 14, 1981, calling a Special Election to be held March 2, 1982. Robert Burnham, Acting City Attorney, advised that he had had discussions with Michael Gering and Tim Payone of the law offices of Virtue 6 Scheck, regarding their desire in having a portion of Resolution No. 11039 (Marriott Hotel) deleted from the referendum. They intend to submit their research to him for review and comment. Michael Gering, 12 Corporate Plaza, representing Marriott Hotel, requested that the Council enter- tain at its next meeting the deletion of the Marriott Hotel from General Plan Amendment No. 80- 3 and explained the reasons therefor. In response to question raised by Mayor Pro Tem Hart, Mr. Gering stated that if the Marriott Hotel were permitted to withdraw from General Plan Amendment No. 80 -3, the project they would bring back to the Council would be essentially identical as what was initially proposed. Allen Beek, 2007 Highland Avenue, addressed the Council and urged consideration be given to re- pealing Resolution No. 11039, thereby a profes- sional survey could be conducted which would indicate the feelings of the community. Don Collings, 318 Amethyst, Balboa Island, ad- dressed the Council and indicated he was in support of a "partial buildout" for Newport Center. Ayes x x Substitute motion on the floor was voted on, and Noes x x x x x FAILED. The Acting City Attorney stated that he would be coming back to the City Council at the earliest possible time to advise of any additional options the Council may have, after consulting with the legal counsel representing the Marriott Hotel. Volume: 35 - Page 337 • CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES titi s��o ?i qyl �s �ti9 9 ROLL CALL �'t{+ A November 9 1981 INDEX Council Member Hummel stated, for the record, that CPA 80 -3 he was opposed to Mayor Heather's motion now on Referendum the floor for the following reasons: Petition • "I think it is an evasion or dodge of facing up to a very strong response from the citizen- ry. When you look at 6,600 people who signed a petition and wanted to vote, I am rather sure they expected to vote in the near future and not in June, which is eight months away.. Also, if you 'Look at the number of people who signed, it is nearly one -half as many people that voted to elect the.most recent additions to this Council. So you are turning your back on a large number of the electorate in this City. I believe it is inappropriate and I take exception to it, and I hope you will find a day later you will be sorry you did it this way." Mayor Heather requested the record.also show that: "The large number of votes received on the . petition are not that exceptional, due to the fact that the City of Irvine just had an initiative with regard to campaign expendi- tures, and they found it very easy to collect the same number of signatures. Everyone is interested in participatory government, especially in an intelligent, involved com- munity." x x x x x Motion on the floor was voted on, and carried. x x Adjourned at 9:35 p.m., to 1:00 p.m., Tuesday, November 23, 1981, to meet in closed session to interview candi- dates for the office of City Attorney. Ma r ATTEST: n City Clerk Volume 35 - Page 338