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HomeMy WebLinkAbout01/11/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING TIME: council 1C1�1993 MINUTES INDEX Police Tow Truck (70) Council Member Hedges recognized and welcomed the City's Youth Council who were in attendance. Present x x x x x x ROLL CALL Excused x Minutes Regular Meeting MoTl6n x Reading of of of December 14, 1992, was waived, approved as All Ayes written, and ordered filed. Motion x Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HBARINGS 1. Mayor Turner opened public hearing regarding OFFICIAL TOW TRUCK SERVICES (2 -YEAR) CONTRACT. Report from the Revenue Manager, Finance Department. Glen Everroad, Revenue Manager, summarized his report, wherein it was noted that on December 16, 1992, two bids were received for the official police tow truck two -year contract. The Police Department was requested to inspect the equipment and facilities and report on the qualifications of each applicant. Both applicants meet Municipal Code standards for tow truck • equipment and storage facilities. G & W Towing, Inc. operates seven (7). more tow trucks than does Jim's Towing; provides at least one hundred and seventy -five (175) more outside storage spaces, and at least twenty -five (25) more inside storage spaces than does Jim's. Based on G & W Towing's experience in providing both police and non - police tow truck services in the City, the level and quality of service, availability of extra pieces of equipment over the minimum required, and the superior storage facilities, the Police Department and Revenue Division recommend that G & W Towing, Inc., be awarded the official police tow truck contract. Wayne Miller, representing G & W Towing., Inc., addressed the Council and stated he was available for questions. Robert B. Lewis, 626 Via Lido Nord, representing Jim's Towing, addressed the Council and stated that even though he represents Jim's Towing, he concurred with the staff on their recommendation for G & W Towing to receive the official police tow truck contract, but he also • wanted to make the Council aware of their company and presence, and that they, too, operate a "well- intended and reputable" business. Hearing no others wishing to address the Council, the public hearing was closed. Volume 47 - Page 1 INDEX Police Tow Truck (70) Motion • Ayes Noes • COUNCIL MEMBERS 5 r&%%.o I : , 0 L XLXN X x x CITY OF NEWPORT BEACH x January 11, 1993 Motion was made by Council Member Hart to approve a 2 -YRAR CONTRACT (NO. 2148) TO G 8 W TOWING, INC., for the official police tow truck contract from February 1, 1993 to January 31, 1995. Council Member Hedges stated he will be voting against the motion, as he felt it was time for a change and that Jim's Towing should be awarded the contract. He also indicated that he objected to the assumption that the City Council always supports staff recommendations. Council Member Debay stated she will be supporting the motion based on the information received in the staff report on both towing companies. The motion was voted on and carried. W I -:r ft COIL-kX-D-1 d,r 1. Madelene Arakelian, representing South Coast Refuse and Integrated Recycling Systems, Irvine, addressed the Council; distributed a packet of information about their company and their recycling program, and how they are complying with State mandated regulations. She also expressed concern regarding the Council's action on December 14, 1992 to increase the solid waste permit fee to $600.00. Nancy Arakelian, also representing South Coast Refuse and Integrated Recycling Systems, Irvine, addressed the Council and read in full a prepared letter in response to David Niederhaus' memorandum dated December 30, 1992 regarding Commercial Recycling. (The subject letter was included in the packet submitted by the above speaker). 3. Dolores A. Otting, representing 5 Star Rubbish, Costa Mesa, addressed the Council and also submitted a packet of information regarding recycling. She objected to the Solid Waste Permit fee being increased from $250 to $600; that the Solid Waste Permit Regulations had not been part of this subject when it was discussed at the Study Session on December 14, 1992; and that the rubbish haulers were not notified of the permit renewal at least 30 days prior to the expiration of the permit as required by the Municipal Code. She also expressed concern over Section 12.63.050 which allows the City Manager (or the General Services Director, through the City Manager) to change regulations without the approval of the City Council. 4. Jay Ware, representing Ware Disposal, addressed the Council and stated that even though they are a small company, they have been in business for over 25 years, and they do comply with AS 939 regarding commercial recycling. Volume 47 - Page 2 MINUTES G&W Towing C -2148 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CFLL S January 11, 1993 I( LTui3rl 5. Hank Egigian, representing 5 Star Recycling Rubbish Service, addressed the Council and stated he felt that the General Services Director was attempting to take away their "right to free enterprise." He referenced the letter dated December 22, 1992 sent to all the rubbish haulers from David Niederhaus, and stated he objected to the assumptions and errors contained in said document. Mayor Turner advised those persons in attendance on this matter that the staff has been directed to prepare a report on the entire solid waste issue as mandated by Sacramento, which will include what the City has done to comply with the regulations and what will be required in the future. 6. Kimberly Wilson, representing Bayview Sexual NOW, addressed the Council regarding the Harassment Newport Beach Police Department sexual harassment investigation. She submitted a letter which she read in full, and in summary, requested that the following take place immediately: a. Rehire Officer Rochelle Maier; b. Begin anti - sexual harassment training for all City employees; C. Institute significant reforms in the Police Department so that the women who are on • leave may return to duty without fear of retaliation; d. Alter policy so that temporary employees subjected to sexual harassment and /or discrimination may appeal to the Civil Service Commission; e. Implement program to hire and promote more women in the police force and Fire Department; f. Make restitution to the plaintiffs; g. Issue statement of thanks to the courageous women who came forward to expose this abuse of power. 7. Susan Elaine Early, 619 -1/2 Marguerite Early/ Avenue, addressed the Council and U.S. Govt. submitted copies of documentation regarding her personal lawsuit against President George Bush and U.S. Congress pertaining to a telephone voting system she invented. CONSENT CALENDAR Motion x The following items were approved except for All Ayes those items removed. . RESOLUTION FOR ADOPTION 2. Resolution No. 93 -1 rescinding Parking Resolution No. 92 -53 PROHIBITING PARKING Prohbtn ON SEASHORE DRIVE between 33rd and Res'93 -1 Orange Streets. [Report from Public (85) Works /Traffic Engineering w /resolution] Volume 47 - Page 3 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH January 11, 1993 CONTRACTSIAGREB ! ffiiTS 3. Approve AMENDMENT NO. 5 EXTENDING TERM OF LICENSE AGREEMENT (CONTRACT NO. 1502) between the City of Newport Beach and The Irvine Company for the City to use a portion of the roof of the office building located at 610 Newport Center Drive for the purpose of installing and maintaining two antennas and associated transmitters. [Memorandum from the Assistant City Attorney] 4. Award CONTRACT NO. 2924 FOR CORONA DEL MAR MEDIAN LANDSCAPE to Tracy & Ryder Landscape, Inc. of Rancho Santa Margarita for Alternate B, plus additive bid item for contract total of $125,600.00. [Report from the Public Works Department] S. PERSONNEL VACANCIES - For approval: (Report from the Personnel Department) One Firefighter, Fire Department. One Building Maintenance supervisor, General Services Department. STAFF AND COMMISSION REPORTS For Council information and approval: 6. Memorandum from the Public Works /Traffic Engineering Department recommending ADOPTION OF COUNCIL POLICY L -18, ENCROACHMENTS ON PUBLIC SIDEWALKS. Notes After agenda was printed, letter from Corona del Mar Chamber of Commerce was received regarding bench placement. 7. Removed from the Consent Calendar. H. Removed from the Consent Calendar. 9. UPHOLD STAFF'S RECOMMENDATION TO APPROVE (subject to conditions in the staff report] ENCROACHMENT AGREEMENT for construction and maintenance of private improvements within a utility easement located between Lot 3 and Lot 5 of Tract 10151, in the HARBOR BILL DEVELOPMENT. [Report from the Public Works a Department] 10. UPHOLD STAFF'S RECOMMENDATION TO APPROVE (subject to conditions in the staff report) REQUEST OF ROBERT VAUGHAN to retain the l' -8" encroachment of an 18" high retaining wall along the property frontage adjacent to 502 Fernleaf Avenue in Corona Del Mar. [Report from the Public Works Department] 11. ROCKY POINT RETAINING WALL (C -2687) - UPHOLD STAFF'S RECOMMENDATIONS TO: Accept the work, and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from the Public Works Director] Volume 47 - Page 4 MINUTES C -1502 (38) Median (38) Council Policy L -lE (69) Harbor Hill Dvlp Encrcl (65) Vaughn/ Encrch (65) Rocky Pt. Rtng Wall C -2687 (38) COUNCIL MEMBERS � Co\ ROLL CRLL s • Motion All Ayes • x CITY OF NEWPORT BEACH January 11, 1993 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR Acenda Item No. 7. Memorandum from the Acting Chief of Police recommending ADOPTION OF COUNCIL POLICY F -27, NARCOTIC ASSET FORFEITURE AND SEIZURE. Motion was made to add a sentence to Item No. 14 to the effect that the City Council shall receive annual reports on the status and use of all items and moneys seized and /or converted to department use under Narcotics Asset and Forfeiture laws. B. Report from the Public Works Department recommending denial of APPEAL OF TERRY MCKENZIE FOR PERMIT AT 1123 WEST BAY AVENUE to retain a brick wall and raised patio that encroaches 2' into the West Bay Avenue Right -of -Way constructed with the redevelopment of the property. It was noted that the contractor for the subject applicant contends that the wall was built within the West Bay right -of- way in error as he assumed that the right -of -way was at back of walk. This application was denied by the Public Works Department based on Council Policy L -6, "Private Encroachments in Public Rights -of -way," which states that the general policy of the city is to reserve the public rights -of -way for public use or open space. Council Member Hedges stated that after viewing the property in question, he did not feel that any public purpose or interest would be served in denying this particular encroachment. The Public Works Director described the illustration on display of the subject wall, noting that the patio is raised by approximately 2' in grade to match the elevation of the slab of the house which is not characteristic of the other homes in the immediate area. The encroachment not only consists of the wall, but also the raised patio. Mark Lucas, applicant, 1123 West Bay Avenue, stated he had the wall constructed for use as a play area for his three small children. He apologized for the error by the contractor stating it was an honest mistake. He would like to be able to retain the wall, and will agree to remove it should the City need the right -of -way _for any street improvement, etc. Volume 47 - Page 5 MINUTES Council Policy F -2i (69) McKenzie/ Permit (65) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 9 %9 January 11, 1993 ROLL C LL TMWY Terry McKenzie, contractor for the McKenzie/ applicant, addressed the Council and Permit indicated that the raised patio was approved by the City, but that the City did not approve the encroachment into the right -of -way. He stated there was no malicious intent or any attempt to skirt • City regulations. The wall was placed in error and he takes full responsibility. However, if the wall were allowed to remain in place, it would injure no one physically and from an aesthetic standpoint, it is similar with all other walls on the block. Motion x Council Member Hedges stated that inasmuch as the subject wall is consistent with most other walls on the block, and the property will not be served by any other public purpose, he will move to approve the encroachment permit for the wall at 1173 W. say Avenue, subject to Items a i b set forth in the staff report. As a separate issue, Council Member Hedges stated he would like the staff to review the entire area along West say Avenue to determine from a policy standpoint what the City can do to allow encroachments in this area. Council Member Sansone stated that if the above action is approved, he felt it would set a precedent, and therefore, he will vote against the motion. • Council Member Watt indicated she would be voting against the notion, inasmuch as she felt there was a public purpose involved in leaving the right -of -way as it is until the City decides to widen the sidewalk. She also felt that Council policy should be adhered to as these types of requests are occurring too frequently. Council Member Hart stated that she felt there has been a strong violation, and until the regulations have been changed relative to encroachments, she will vote against the motion. Ayes x x x The motion was voted on and FAII.SD due Noes x x x to a tie -vote. The City Attorney advised that in order for the wall to remain, the Council must approve the encroachment permit. Following discussion, it was indicated no further City Council action would be taken at this tine; however, in the interim, the staff was directed to furnish additional information to the City Council that would demonstrate the • extent of the encroachment more in detail. Volume 47 - Page 6 CITY U NEWPORT BEACH COUNCIL MEMBERS ROLL CALL January 11, 1993 • Motion All Ayes Motion Ayes Aoined Motion All Ayes • MINUTES INDEX Special Events Apli No. 92 -465 (27) NB Jail Remodeling C -2836 (38) Ord 92 -55 Water Efficient Landscapes (89) Ord 92 -56 Water Bill- ing Prcdrs (89) 13. Report from the Revenue Manager recommending approval, subject to conditions in the staff report, SPECIAL EVENTS APPLICATION 'NG. 92 -465, request of Tara Lee Smith and Mike W. Tsci for use of amplified sound at Lookout Point in Corona del Mar on Saturday, June 19, 1993 from 400 - 7:00 p.m. for their wedding ceremony. x Council Member Sansone indicated he did not think amplified sound should be allowed for any longer than one hour at this location, and therefore, moved to approve the use of amplified sound from 5:00 to 6x00 p.m. 12. Report from the Public works Department recommending acceptance of the work for NEWPORT BEACH POLICE DEPARTMENT JAIL REMODELING (C- 2836), and authorising the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. Mayor Turner stated that the contractor for this project is one of his tenants, and therefore, he will abstain from voting on this item due to a conflict of interest. x Motion was made to approve the x x x x x remanded action. x ORDINANCES FOR ADOPTION 14. PROPOSED ORDINANCE NO. 92 -55, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CBAPTBR 14.17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO XNS27JAMIGH OF WATER EFFICIENT LANDSCAPES. Report from the Planning Department. Council Member Hedges referenced handwritten page 14 of the staff report regarding soil analysis, and following discussion,. Section 14.17.040 A., was revised substituting the word "prepared" for the word "submitted." x There being no objections to the above minor change, motion was made to adopt Ordinance Be. 92 -55. 15. PBOPO= ORDINANCE NO. 92 -56, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 14.12 AND SECTION 14.20.010 OF CHAPTER 14.20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO WATER BILLING PROCEDURES, AND REPEALING RESOLUTION NO. 90 -46. Recycled report from the Revenue Manager /Finance Department, dated December 14, 1992. Volume 47 - Page 7 INDEX Special Events Apli No. 92 -465 (27) NB Jail Remodeling C -2836 (38) Ord 92 -55 Water Efficient Landscapes (89) Ord 92 -56 Water Bill- ing Prcdrs (89) CITY OF NEWPORT BEACH COUNCIL MEMBERS S January 11, 1993 ROLL CRLL Motion x All Ayes 0 Green x x x Red Green x White x x Red Green x WO x x Re Motion All Ayes MIR n All Ayes MINUTES Library Board Planning Commission Council/ Citizens Ad Hoc Committees Citizens Advisory Committees The City Manager summarised the purpose of the subject ordinance, and there being no comments from the Council, motion was made to adopt ordinance No. 92 -56. CONTINUED BUSINESS 16. APPOINTMENT TO LIBRARY BOARD OF TRUSTBES. X x x Lucille Kuehn was assigned the green light; Walter Koch was assigned the red light. Lucille Kuehn was appointed to fill the seat vacated by Charles Sword for a term ending June 30, 1996. 17. APPOIN32EM TO PLANNING COMMISSION. X x Jerry Cobb was assigned the green light; X Tod Ridgeway was assigned the white light; Louis Masotti was assigned the red light. Inasmuch as the above was not a majority vote, another vote was taken. x Jerry Cobb was assigned the green light; X x Tod Ridgeway was assigned the white light; Louis Masotti was assigned the red light. Tod Ridgeway was appointed to fill the seat vacated by Jan Debay for a term ending June 30, 1996. 18. APPOINTMENTS BY MAYOR TO VARIGOS MDRCIL /CITIKN i8 AD HOC OOMMITTSSS. X Motion was made to confirm the following appointments: Aviation Committee Karen Evarts, Alternate to Dan Gilliland, Representative/ Homeowners Association West Newport Comprehensive Plan /Executive steering Committee Tod Ridgeway, Planning Commissioner 19. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY CONMITZ=B for one- year term expiring December 31, 1993. X Motion was made to confirm the following appointments: Bicycle Trails citisens Advisory Coaittee (District 3) Council Member Hart's appointment of Barbara Gaughran. Volume 47 - Page 8 Library Board Planning Commission Council/ Citizens Ad Hoc Committees Citizens Advisory Committees • CITY OF NEWPORT BEACH COUNCIL MEMBERS .1 X, L XIXI 01 L LL January 11, 1993 MINUTES INDEX (District 7) Council Member Cox's reappointment of Craig Weber and remaining appointment deferred to January 25, 1993. Environmental On a1ity Affairs /Citizens Advisory Committee (District 7) Council Member Cox's reappointment of Margie Pantzar and Gordon Kilmer. Harbor Ouality Citizens Advisory Committee (District 1) Council Member Hedges' appointment of Leonard Miller. (District 7) Council Member Cox's reappointment of Nancy Skinner. Meeting adjourned at 8:20 p.m.. • t i t: w t t t� t�• The agenda for this meeting was posted on January 7, 1993 at 8:30 a.m., on the City Hall Bulletin Board located outside of the city of Newport Beach Administration Building. NayO ATTEST: City Clerk PO a - C'9C/F04cR'',� .r Volume 47 — Page 9 INDEX