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Home My WebLink About01/25/1988 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS N\A\60�-k ro G A All present x I x I x I x I x I x I x Motion All Ayes *Ayes Motion All 0 X X 99 MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 25, 1988 A. ROLL CALL. B. Reading of Minutes of Meeting of January 11, 1988, was waived, approved as written, and ordered filed. C. Reading of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 656 (ORDINANCE NO. 88 -2), a request initiated by the City of Newport Beach, to amend Chapter 20.74 of the Newport Beach Municipal Code so as to clarify the intent and redefine some of the definitions pertaining to ADULT ENTERTAINMENT BUSINESSES. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 88 -2, amending Chapter 20.74 of the Newport Beach Municipal Code (Planning Commission Amendment No. 656). 2. Mayor Cox opened the public hearing regarding granting OFFICIAL POLICE TOW TRUCK SERVICES CONTRACT FOR A 2 -YEAR PERIOD. Report from Business License Supervisor, was presented. It was noted that two bids had been received from Jim's Towing and Harbor Towing by the City Clerk on December 17, 1987, for renewing a 2 -year contract for Official Police Tow Truck Service. Police inspections have been completed on the vehicles and storage yards of both companies, and they were found to be in compliance with applicable Municipal and California Vehicle Codes. However, a comparison of the two companies reveals that Harbor Towing operates one more towing vehicle than does Jim's Towing, and that Harbor Towing has a larger storage lot. Harbor Towing's lot is also monitored by a security alarm company, while Jim's Towing is not. Inasmuch as Harbor Towing has conducted towing services in the City for the last 17 years, while Volume 42 - Page 25 Ord 88 -2 Adult Entertnm PCA 656 (94) Police Tow/ Of cl (70) COUNCIL MEMBERS w.AG��G��o� �� J • Motion All Ayes Motion All Ayes 0 ix x CITY OF NEWPORT BEACH MINUTES January 25, 1988 Jim's Towing has been licensed by the City for about six months, it was recommended that the City Council award a 2 -year contract for Official Police Tow Services to Harbor Towing. Bob Riley, 229 Avenue I, Redondo Beach, representing Jim's Towing, addressed the Council and stated that he had not had an opportunity to review and analyze the subject staff report and recommendation. He also advised that Jim Lewis, owner of Jim's Towing, was in attendance and available for questions. Bill Rush, owner of Harbor Towing, addressed the Council and stated that he was also available for any questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to uphold staff's recommendation to approve and renew 2 -year Contract No. 2147 with Harbor Towing. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -6 requiring vehicles on Narcissus Avenue to stop at Daffodil Avenue. (Report from Traffic Affairs Committee) (b) Resolution No. 88 -7 to modify parking restrictions on certain streets in the vicinity of Newport Harbor High School and rescind previous resolutions (Nos. 5328, 6152, 6670, 7139, 7332, 7429, 7534, 82 -131, and 87 -142). (Report from Traffic Affairs Committee) 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute lease with Myrtle and Edward H. Flack, Jr., owners of the Volume 42 - Page 26 Traffic/ Stop Res 88 -6 (85) Parking Rstrctns Res 88 -7 (63) Galley Cafe/ Bayside C -2683 (38) COUNCIL MEMBERS G��Gyp� O¢ `fjp9 is r �J is CITY OF NEWPORT BEACH MINUTES January 25, 1988 Galley Cafe Restaurant. (Report dated January 11, 1988 from Tidelands Affairs Committee) (b) Authorize the Mayor and City Clerk IGeobase Prj /, to execute Contract No. 2668 with Delta Sys' Delta Systems regarding Geobase C -2668 vendors. (Report from Finance (38) Director) (c) Approve the North Star Beach - Newport Aquatic Center Facilities Management Plan as the Operations Agreement between the City and Newport Aquatic Center, Inc., Contract No. 2637. (Report from Recreation Superintendent) 4. COMMUNICATIONS - For referral as indicated: North Star Beach /Npt Acqtc Ctr Mgm Pln C -2637 (38) (a) To Planning Department for Planning response, letter from Joseph D. (68) Carroll of Triad Partners registering discontent with approval of the Conditional Use Permits for restaurants in Via Lido Shopping Center, resulting in more traffic congestion from Newport Boulevard to Via Lido Avenue. (b) To Public Works for response, PW letters from the following (74) objecting to the proposed sound wall adjacent to West Newport Park: Donna Metzger, Paul Iverson, Thomas Nugent, Blair Archambault, Valerie Sink, Carl Mumm, Fran Fagen, George Gillette (Attorney, representing adjacent 400 homeowners); Bill Prevot, A. & Laurie Fischer, Charles de Irueste, Jr., John P. Neal, Sherri Bynum, and Guy J. Thull. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) David W. Chey alleging he was Chey physically abused and arrested without probable cause by Newport Beach Police officer on Corona del Mar State beach on October 6, 1987. Volume 42 - Page 27 COUNCIL MEMBERS Gayi`G 4p� qI , G ., I � 1 0 0 CITY OF NEWPORT BEACH mum M1- January 25, 1988 (b) City of Garden Grove alleging Garden Grove damages as a result of claim filed City by Banh Van Le, who was arrested in Garden Grove on January 16, 1987, and who also is alleging damages due to acts of Newport Beach Police Department. (c) Marilyn Ruttencutter alleging Ruttencutter personal injuries as a result of slip and fall while exiting her vehicle in Harbor Municipal Court parking lot on October 12, 1987. (d) Kerry M. Takenaga alleging damage Takenaga to vehicle as a result of uncovered manhole on Ford Road near Belcourt Street on December 4, 1987. (e) Derek M. Torley alleging water Torley damage to home as a result of sewer backup caused by tree roots at 1032 Goldenrod Avenue on December 14. 1987. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Rena Kerr for personal injuries as Kerr a result of walking on sidewalk near Marguerite and Pacific Coast Highway on June 10, 1987, Orange County Superior Court, Case No. 539559. Claim was denied by City Council on September 28, 1987. (b) Carolyn Sylvester for personal ISylvester injuries, Orange County Superior Court, Case No. 543521. Claim was denied by City Council on August 24, 1987. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Permit Technician, Building Department. (b) One Building Inspector, Building Department. (c) Two Equipment Service Workers, Equipment Maintenance Division. (d) One Equipment Mechanic, Equipment Maintenance Division. (e) One Refuse Worker I, Refuse Division. Volume 42 - Page 28 COUNCIL MEMBERS \1:\N\ 0 is 0 CITY OF NEWPORT BEACH January 25, 1988 (f) One Traffic Painter, Traffic Signs /Markings Division. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Removed from the Consent Calendar. (b) Report from Mayor Pro Tem Hart regarding SANITARY DISTRICT #5 10. PUBLIC HEARING SCHEDULING - February 8, 1988: (a) Changes in Hazardous Materials Reporting Requirements. (Report from Fire Chief) 11. PERMIT APPLICATION OF GARY VOSE - Uphold staff's recommendation to approve application to construct nonstandard brick pavement in the alleys in block 26, eastside addition to Balboa Tract (City block bounded by "I & J" Streets, Balboa Boulevard and East Bay Avenue); subject to execution of an agreement for nonstandard improvements and encroachment permit from the Public Works Department. (Report from Public Works) 12. BUDGET AMENDMENTS - For approval: BA -049, $26,550 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for widening of Pacific Coast Highway from Bayside to MacArthur utilizing private developers contributions made in December 1978 and August 1986; Contributions- General Fund. BA -050, $1,695 - Transfer in Budget Appropriations for tape recorder for City Council meetings; Equipment -City Clerk Fund. BA -051, $124,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for installation of parking meters ($66,000) in Cannery Village and ($58,000) along Bayside Drive and corner of Dahlia and 4th; Parking Meters- General Fund. (Memorandum from Public Works Department /Traffic Engineering) BA -052, $500,000 - Increase in Budget Appropriations for land acquisition and development of off - street parking facilities; Parking Facilities /Cannery Village - General Fund. Volume 42 - Page 29 Sanitary Dist#5 (89) Hazardous Materials/ Fire (41) Permit/ Encroachm (65) (25) Parking (63) COUNCIL MEMBERS ,gyp .t es an yes Motion All Ayes Motion All Ayes 0 x x x CITY OF NEWPORT BEACH x MINUTES January 25, 1988 G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING COMMISSION Commission ON JANUARY 7, 1988, was presented. (68) Motion was made to receive and file the U/P 3301 subject report, excluding Use Permit No. 3301 for California Squeeze, located at 3014 West Balboa Boulevard, which shall be scheduled for public hearing on February 8, 1988. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -1, being, AN ORDINANCE OF THE C.TTY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.12.010 AND 1.12.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO MAKE IT UNLAWFUL TO GIVE FALSE INFORMATION TO ANIMAL CONTROL OFFICER AND GIVING ANIMAL CONTROL OFFICER POWER TO ENFORCE THIS ORDINANCE, was presented for second reading with report from City Attorney, dated January 11, 1988. Motion was made to adopt Ordinance No. 88 -1. I. CONTINUED BUSINESS: Ord 88 -1 Animal.Cntrl Ofcr /Enfrcm (70) 1. BICYCLE TRAIL CITIZENS ADVISORY BT /CAC COMMITTEE: Motion was made to defer to February 8, 1988, (District 2) Council Member Plummer's appointment for one -year term ending December 31, 1988. 2. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS EQA /CAC ADVISORY COMMITTEE: Motion was made to defer to February 8, 1988, (District 1) Council Member Strauss' appointment for one -year term ending December 31, 1988. 3. RECONSIDERATION OF COUNCIL MEMBER U/P 330,6 PLUMMER'S VOTE on USE PERMIT NO. Cafe Lido 3306, Cafe Lido, January 11, 1988. Council Member Ruthelyn Plummer stated for the record the following: "On Thursday afternoon, January 21, 1988, I reviewed the minutes of the Volume 42 - Page 30 COUNCIL MEMBERS Gay CG gP� of "ry 0 Motion x Ayes x x x Noes x Motion x All Ayes • r CITY OF NEWPORT BEACH MINUTES January 25, 1988 last Council meeting as they relate U/P 3306 to the Cafe Lido Project, and based Cafe Lido upon my review, I've concluded my vote on the project does not represent my views and that I misunderstood the motion. "I would like the Council to reconsider the application, and have been advised by the City Attorney that reconsideration should occur as soon as possible. "Before I move reconsideration, I x x x would like the Council to find that the need to take action arose after the agenda was posted for this meeting, which was on Thursday morning, January 21, 1988." Council Member Plummer, in view of the foregoing, moved to reconsider Use Permit No. 3306, and schedule for public hearing on February 8, 1988. J. CURRENT BUSINESS: None. Meeting adjourned in memory of Stuart W. Fine, resident of Westcliff and active in community affairs, who passed away on January 24, 1988. The agenda for this meeting was posted on Thursday, January 21, 1988 at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: �% F®a? � wd-W,51 WPMAXI Volume 42 - Page 31