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HomeMy WebLinkAbout11/23/1981 - Regular MeetingC UL ME RS �o � S�9 P 0^1 1 rAi i tP e CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 23, 1981 MINUTES TN&Tnl�j A Proclamation was presented to Harry Gage for being named Harbor Master of the Year for the State of California. A Proclamation was presented to Dr. Archie Wilson in • recognition of "Lungs for Life Week." Present x x x x x x A. ROLL CALL. Absent x Motion x B. The reading of the Minutes of the'Meeting of All Ayes November 9, 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: None. E. PUBLIC COMMENTS: None. Motion x F. CONSENT CALENDAR: All Ayes The following actions were taken as indicated except for those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and • pass to second reading on December 14, 1981: (a) Proposed Ordinance No. 1893, being, 0 -1893 Massage AN ORDINANCE OF THE CITY OF NEWPORT Parlors BEACH AMENDING CERTAIN PORTIONS OF (27) CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE PARLORS. (A report from the City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 11087 authorizing the Mayor Off -Site and City Clerk to execute an Off -Site Parking Pkg Agm Agreement with Shokrian Developments and Yu- R -11087 Ter and Wei -Tzan Mau in connection with a C -2306 Chinese Restaurant located at 2930 W. Coast (38) Highway in the Mariners Mile District (Use Permit No. 2035). (A report from the Plan - ning Department) (b) Resolution No. 11088 authorizing the Mayor Carden Lic/ and City Clerk to execute a License Agreement Agreement between the City of Newport Beach and 011ie R -11088 S. and Jack O. Carden for the operation of C -1530 Coin- Operated Telescopes at various locations (38) within the City. (A report from the City Manager) Volume 35 - Page 339 CITY OF NEWPORT BEACH C U ME 8 RS MINUTES NDEX pteri in 5. CLAIMS FOR DAMAGES - For denial and confirmation (36) of the City Clerk's referral to claims adjuster: (a) Donald L. Bush, Jr., for personal property Bush allegedly not returned by the Police Depart- • ment, on November 6, 1981, after his release. (b) Charles W. Masters for property damage Masters sustained on October 20, 1981, alleging sewer backup causing carpet damage. (c) Ruth Nadine Fine for injuries sustained on Fine November 3, 1981, alleging negligence on the part of the City (broken cement between sidewalk and entrance to Mariner's Library). (d) June Lois Roth for property damage sustained Roth on November 4, 1981, alleging defective plumbing as a result of work done by City Fire Department. (e) Steven Kenneth Shaw for injuries sustained Shaw on August 29, 1981, alleging placement of crosswalk constituted dangerous condition. (f) Teleprompter of Newport Beach for injuries Teleprom sustained on. January .10, 1981 by William and Privett Billie Privett arising out of alleged exca- vation being done by City Utility Department. (g) Christopher Tripp for injuries sustained on Tripp August 8, 1981, allegedly by Police Officers • when arrested. 6. SUMMONS AND COMPLAINTS - For confirmation of the (36) City Clerk's referral to claims adjuster: (a) Margaret E. Lemcoe for damages, Case No. Lemcoe 363905, Orange County Superior Court; origi- nal claim was denied by City Council on March 23, 1981. (b) Margaret and David Pearlstein, Case No. 35- Pearlste 95 -65, Orange County Superior Court. Previ- ous Summons was filed with the Clerk's office on August 28, 1981; original claim was filed January 9, 1981, and denied by City Council on January 26, 1981. (c) Susan Rae Rietzel for damages and personal Rietzel injuries, Case No. 366303, Orange County Superior Court; original claim denied by City Council on October 26, 1981. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Laborer, General Services Department. Volume 35 - Page 341 pteri in CITY OF NEWPORT BEACH C UNCIL ME B RS s '�'0 v tp Q(11 .1 ('AI1 �� A Nnvamhar 7i. 1981 - MINUTES INDEX Policy (69) Jasmine Crk Strm Dr /PhII C -2182 (38) Canyon Storage Fac C -2199 (38) Maint Dredg (51) LC /CAC (24) Council Expense (25) (25) 8. STAFF AND COMMISSION REPORTS - For Council informa- tion and approval: (a) A report from the City Manager regarding • COUNCIL POLICY REVIEW. 9. PUBLIC HEARING SCHEDULING: None. 10. JASMINE CREEK STORM DRAIN /PHASE II (C -2182) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 11. STORAGE FACILITY AND ENGINE ROOM AT BIG CANYON RESERVOIR (C -2199) - Approve the plans and speci- fications; and authorize the City Clerk to adver- tise for bids to be opened at 11:00 a.m., on December 15, 1981. (A report from the Public Works Department) 12. MAINTENANCE DREDGING APPLICATIONS - Approve the following applications in conjunction with condi- tions of approval listed in the General Permit issued to the City by the Army Corps of Engineers. (A report from the Marine Department) 225 -706 Dale Long 706 S. Bay Front 153 -209 Richard V. Jordan 209 E. Bay Front 225 -1204 Andrew Glassell 1204 S. Bay Front 175 -200 John J. Tuttle 200 Via Lido Nord 175 -500 Ronald E. Soderling 500 Via Lido Nord • 13. LITTER CONTROL CITIZENS ADVISORY COMMITTEE - Accept letter of resignation from Pat Hollander with regret; authorize City Clerk to issue Certifi cate of Appreciation; and schedule vacancy for appointment on December 14, 1981._ 14. COUNCIL TRAVEL /EXPENSE REIMBURSEMENT FOR APPROVAL - Attendance at San Francisco League of Cali - fornia Cities Conference, October 17- 19, 1981 for: Council Member Plummer - $156.09 Mayor Pro Tem Hart - $162.18 15. BUDGET AMENDMENTS - For approval: BA -052, $5,450.00 Increase in Budget Appropria- tions for resurfacing of four tennis courts from Reserve for Tennis Courts; Parks, Beaches and Recreation - Recreation Self- Supporting Fund. (A report from the Parks, Beaches and Recreation Director) BA -053, $150.00 Transfer of Budget Appropriations for replacement of a swivel armchair,,which is no longer usable; Public Works Administration and Accounting Fund. -, Volume 35 - Page 342 INDEX Policy (69) Jasmine Crk Strm Dr /PhII C -2182 (38) Canyon Storage Fac C -2199 (38) Maint Dredg (51) LC /CAC (24) Council Expense (25) (25) CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES s RAI I CAI Nnvemher 23_ 1981 u.jnry Fr (c) Resolution No. 11089 amending Resolution No. Council Ad- 9215 by adding requirements to the "Appoint- Hoc Comte ments Committee" designation and deleting R -11089 from said resolution the "Proclamation Com- (24) mittee." . (d) Removed from the Consent Calendar. (e) Resolution No. 11090 rescinding Resolution Council Ad- No. 9997 to eliminate the City Council Ad -Hoc Hoc Comte Local Coastal. Program Committee. R -11090 (24) (f) Resolution No. 11091 deleting from the City Jt Govnmtl Council's Policy Manual the Airport Land -Use Cncl Comte Commission for Orange County from the Joint (24)R- 1109'. Governmental Committees and rescinding Resolutions No. 6865 and 7247 which refer thereto. 3. COMMUNICATIONS - For referral as indicated: (a) To the Traffic Engineer for reply, a letter Signs /Sgnl., from Newport Hills Community Association (81) expressing their support for the proposed stop sign at the intersection of Ford Road and Newport Hills Drive West. (b) To the Traffic Engineer for reply, a letter Tfc /Ocean from the Central Newport Beach Community (85) Association regarding increasing use by motorized vehicles on the Ocean Front Walk. (c) To the Fire Department Paramedics for inclu- .sion in the records, a letter from John T. Fire Dept Vesting expressing gratitude for emergency .(41) treatment. (d) To the Building Department for reply, a U/P 1952 letter from Robert E. Williams regarding Use (88) Permit No. 1952 (Resubdivision No. 665).. 4. COMMUNICATIONS - For referral to the City Clerk for inclusion.in the records: (a) Copy of a letter from Mrs. T. Duncan Stewart, expressing the Corona del Mar Chamber of Commerce's.opposition regarding time -share condominiums in Newport Beach. (b) Removed from the Consent Calendar. (c) Letter from Ft. M. Wolff, Wolff Engineering Corp., with suggestions for a Fifth Avenue Bypass. (d) Removed from the Consent Calendar. (e) Local Agency Formation Commission prelimi- nary agenda for November 25, and Minutes of October 28, 1981. • Volume 35 - Page 340 Fr CITY OF NEWPORT BEACH C U ME 8 RS MINUTES 1 klr%cv n le in BA -054, $2,000.00 Increase in Budget Appropria- tions for completion of 1980 -81 capital improve- ments at Newport Center Branch Library; Building Excise Tax Fund. (Memo from the City Librarian) . G. ITEMS REMOVED FROM THE CONSENT CALENDAR: , 1. Proposed resolution amending Resolution No. 9597 OC /Aviatic by extending the term of the Orange County Airport Comte Aviation Committee to December 31, 1982, was (24) presented. Motion x Continued to December 14 Study Session for discus - All Ayes sion, and placed on January 11, 1982, City Council agenda for action. 2. Copy of letter from Donald Baer, opposing the Planning issuance of on -sale beer and wine license to the Commissior "Bun and Barrel," was presented. "Bun 6 Barrel" Motion x Referred subject letter to Planning Commission, (67) All Ayes with response to Mr. Baer by staff. 3. Copy of letter to Pacific Land Company regarding Mobile Hon rent increase, effective January 1, 1982, from Parks Jack J. Walley of Newport Terrace Mobile Home (94) Park, was presented. Motion x Staff to respond to subject letter advising of All Ayes City's present position with respect to proposed Mobile Home Park Ordinance. H. ORDINANCES FOR ADOPTION: • 0 -1890 1. Ordinance No. 1890, being, CATV (42) AN ORDINANCE OF THE CITY OF NEWPORT BEACH . AMENDING SECTIONS OF TITLE 5, CHAPTER 5.44, OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "COMMUNITY ANTENNA TELEVISION," was presented for adoption. A report dated November 9, 1981 from the City Manager, was presented. Motion x Adopted Ordinance No. 1890. All ,Ayes 2. Ordinance No. 1891, being, 0 -1891 Community AN ORDINANCE OF THE CITY OF NEWPORT BEACH Cablevisi RENEWING A NONEXCLUSIVE FRANCHISE WITH Franchise COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, (42) MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN SAID CITY, was presented for adoption. A report dated November 9, 1981 from the City Manager, was presented. Motion x Adopted Ordinance No. 1891. Ayes Volume 35 - Page 343 n le in Motion All Ayes •ion x Motion x All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion Ayes Abstain x r � L CITY OF NEWPORT BEACH XT_ ...,...$,__ 11 1041 MINUTES INDEX 0 -1892 Signs / Sgnns (81) Cncl Policy. Review (69) 3. Ordinance No. 1892, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH 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 adoption. A report dated November 9, 1981 from the Traffic Affairs Committee, was presented. Carol 'Frost, 416 Hazel Drive, and Steve Prough 527 Hazel Drive, appeared in support of the proposed ordinance. Adopted Ordinance No. 1892. Staff dirActed to notify affected residents of effective date of Ordinance. I. CONTINUED BUSINESS:. None. J. CURRENT BUSINESS: 1. Report from the City Manager regarding COUNCIL POLICY REVIEW, was presented. A -10 - Dates for Regular Council Meetings: Following comments by Council Member Hummel, motion was made to amend Council Policy A -10 to change Council meeting dates to the first and third Tuesdays of each month. Following discussion among the Council, Council Member Hummel withdrew his motion, and made a motion to continue this item to January 11, with a request to staff to report back on effect of legal notifications in official City newspaper, as well as staff's recommendation of proposed change in meeting date. x I -5 - Cleanup Fee for Use of City Facilities, was approved as submitted. x L -6 - Measuring of Encroachments, was approved as submitted. x q -1 - Initiation of General Plan Amendments, was approved as submitted. x S -1 Administrative Procedures for Administer - ing the Traffic Phasing Ordinance, was approved x x x x x. as submitted. Volume 35 - Page 344 INDEX 0 -1892 Signs / Sgnns (81) Cncl Policy. Review (69) otion 1.Ayes Motion x All Ayes x CITY OF NEWPORT BEACH MINUTES November 23, 1981 2. Report from Public Works Director regarding request by Lido Plaza Merchants Association for BANNER OVER VIA LIDO, was presented. Approved request, subject to conditions asset forth in the report from the Public Works Director. K. ADDITIONAL BUSINESS: 1. RESIGNATION OF HAL THOMAS FROM THE PLANNING COMMISSION. Accepted resignation of Hal Thomas with regret; authorized the City Clerk to post vacancy notice and prepare permaplaqued Certificate of Appre- ciation. Adjourned at 8:25 p.m. ATTEST: City Clerk Volume 35 - 345 0 INDEX Via Lido Banner /Permit. (65) Planning Commission (24)