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Home My WebLink About04/27/1981 - Regular MeetingC U CI NL ME B RS Rnl L \CAL\lr< �n REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 27, 1981 MINUTES ETIM Present x x x x x x A. ROLL CALL. Motion B. The reading of the Minutes of the Meeting of All Ayes April 13, 1981 was waived, and approved as 0on written and ordered filed. 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 on the Orange REQUEST FOR A RATE INCREASE BY ORANGE COAST Coast Yellow YELLOW CAB, INC., pursuant to Newport Beach Cab Municipal Code Section 5.12.100. R -10025 (86) A report from the City Manager was presented. The City Manager corrected page 2 of the staff report and page 1 of the application to reflect proposed rate for 5 miles @ $7.20 and 10 miles at $13.20. John Davidson representing Orange Coast Yellow Cab, Incorporated, stated he was present to answer any questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Resolution No. 10025 establishing a schedule of yes rates for taxi cabs and rescinding Resolution No. 9626, was adopted, 2.. Mayor Heather opened the public hearing on the Bait APPLICATION BY ARTHUR MELLO TO INSTALL A BAIT Receiver RECEIVER moored offshore in Newport Harbor. (51) A report from the Marine Department was presented. A letter from the Balboa Improvement Association endorsing the proposed bait receiver, was pre= sented. A letter from the Balboa Island Improvement Association opposing the application, was presented. The City Clerk stated that after the printing of the agenda letters were also received from the following in opposition to the bait receiver: Little Balboa Island Property Owners Association Mr. & Mrs. Dean Skall, Balboa Island James C. Person, Jr., Attorney for the Applicant, addressed the Council in support of the proposal. He summarized the proposed project as follows: 1. The live bait receiver would be approximately It 500 feet to the south of the east end of Balboa Island in the vicinity of the Grand Canal. Volume 35 Page.109 C UNCIL i�E Rs ROLL C,4 1 n� �D April 27, 1981 1 i r� Il 1 1 1 MINUTES Min v -- IWNLT 2. The size of the receiver is 56 feet long and Bait 15 feet wide with five bait wells. Receiver (51) 3. The bait receiver would have no generator or lights other than lights required by the Harbor • Department or Coast.Guard for navigational purposes. 4. The sales of live bait would be limited to daylight hours only. It is anticipated that this would encompass a period subsequent to daylight until approximately 3:00 o'clock in the afternoon. 5. Each of the live bait wells will have a solid cover and will be opened only during actual loading or unloading. In conclusion, Mr. Person stated that he felt a bait receiver was very needed in the community and urged the City Council to look favorably at the proposal. The following persons addressed the Council in opposition to the application at the proposed ocaattion: Bill Allen, 201 E. Bay Front, Balboa Island Roger Vandergrift, 112 Amethyst, Balboa Island James White, 1410 S. Bay Front,Balboa Island Ed Sepel, 114 Apolena, Balboa Island Alison Smith, 116 Onyx, Balboa Island John Worley, 126 Onyx, Balboa Island . Rosemarie Bean, 124 Onyx, Balboa Island The following persons addressed the Council in favor of the proposed bait receiver: Eric Garland, 19292 Bethel Circle, Huntington Beach Ed Clellan, President, Balboa Angling Club Phil Tozier, 400 Main Street, Balboa Gary Hill, owner of Chevron Fuel Dock, Balboa Jerry Thompson, President, Pacific Anglers Association Don Collinge, 4002.11 Channel Place Bill Murding, Concessionaire, Newport Pier James Johnson, 21161 Lockhaven Circle, Huntington Beach Raymond Woods, Woods Marine Co., 1171 Back Bay Hearing no others desiring to address the Council, the public hearing was closed. David Harshbarger, Director of the Marine DepartR ment, advised that he had had discussions with the Harbor Master regarding the subject application. He stated that any location for a bait receiver will have a certain amount of impact on the harbor, and that a bait receiver should be near an entrance channel in order for the bait to survive and it be a viable operation.. Volume .35 Page 110 CITY OF NEWPORT BEACH COUNCIL ME RS MINUTES ROLL CALL` �,� April 27, 1981 INDEX Mr. Harshbarger stated that if it is the desire of Bait Council, he will research alternative locations Receiver with the Harbor Master. (51) on X Following discussion, Council Member Maurer moved to refer the application to the Joint Harbor Committee and Orange County Harbors, Beaches and Parks Commission for review and recommendation. Motion X Following further consideration, Council Member Strauss made a substitute motion to approve the application subject to the conditions proposed by the applicant, and mitigating measures of the Negative Declaration. Council Member Strauss stated that it was his intent in making the motion that the subject application no be tied to the specific location proposed, and that the bait barge be "not less than" 500 feet of Motion X After additional consideration, Council Member All Ayes Strauss withdrew his motion, and Council Member Maurer changed his motion to re -open the public hearing and continue it to May 11, and to refer the application to the Tideland Affairs Committee for a report and recommendation at that time. E. PUBLIC COMMENTS - None F. CONSENT CALENDAR: on X The following actions were taken as indicated Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - None 2. RESOLUTIONS FOR ADOPTION: (a) Removed from Consent Calendar. Com. (b) Resolution No. 10027 establishing he Ad -Hoc R-1Hoc City Council Committee on Theatre Policy. (24)027 (Resolution attached) (c) Resolution No. 10028 declaring that weeds and Weed other public nuisances exist upon streets, Abatement alleys, sidewalks, parkways, and private R -10028 property within the -City, declaring that said (41)' Weeds and public nuisances must be abated,. setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the pro- posed destruction or removal of such public nuisances by the City, and directing the Fire Chief to give notice of the passage of this Resolution and of the Public Hearing. (A report from the Fire Chief). • Volume 35 Page Ill CITY OF NEWPORT BEACH C UNCIL ME SRS MINUTES ROLL CALLS �'n g> April 27, 1981 INDEX . Volume 35 Page. 1.12 3. COMMUNICATIONS - For referral as indicated: (a) To staff for inclusion in their ongoing General study, a letter from the Chairman, Bicycle Plan Amend. • Trails Citizens Advisory Committee, sug- 80 -3 gesting recommendations to improve safer (45) circulation for bicyclists within Newport Center and for consideration in.reviewing General Plan Amendment No. 80- 3.(Attached). (b) Removed from Consent Calendar. (c) Removed from Consent Calendar. (d) Removed from.Consent Calendar. (e) Removed from Consent Calendar. (f) To staff for inclusion in their ongoing Traffic study, a response from Mrs. Betty W. Hart, (85) Balboa, to the Central Newport Street Sweeping Program Ballot. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Notice from AREA XI Development Disabilities Board regarding Programs and Services for the Disabled and Community Forum on Thursday, April. 30, 1981. (Attached) (b) Letter from Alan Blum, Balboa Island, regarding unending expansion in Newport Beach and airport expansion. (Attached) (c). Letter from Al "King Alfonso" Lizanetz re- garding his ongoing campaign against organized crime. (d) Airport Land Use Commission for Orange County Minutes of March.19, 1981. (Attached) (e) Local Agency Formation Commission: (Attached 1) Preliminary Agenda for April 22, 1981. 2) Minutes of March 25, 1981. (f) Orange County Board of Supervisors, Agendas for April 14, 15, 21 and 22, 1981. (g) League of California Cities, Minutes of . Board of Directors Meeting January.30 -31., -1981. (Attached) (h) Notice of applications before the California Public Utilities Commission by Southern California Gas Company: (Attached) 1) Application No. 60446, for authority to implement a residential conservation service (RCS) .program and to increase rates to recover first year's cost of the program, and to include the RCS Program . Costs in the Conservation Cost Adjustment Procedure. . Volume 35 Page. 1.12 U C RAE{1A� RS s� G ROLL \CALRk Apr il 27, 1981 MINUTES ifliT>VJ Volume 35 rage 1.13 2) Application No. 60447, for authority to implement zero interest weatherization financing and credits program and.to increase rates to recover the first year's cost of the program, and to include the • Weatherization Program Costs in the Con- servation Cost Adjustment Procedure, .5. CLAIMS FOR DAMAGES - For denial and confirma- (36) tion of the City Clerk's referral to claims adjuster: (a) Claim of Pacific Telephone Company for Pacific Tel. property damage to 900 pair cable and two Co. tile conduits, allegedly broken by backhoe operated by ,City employees while placing new water main on March 18, 1981, at "G" Street and Balboa Boulevard. (b) Claim of Edward Rosen for property damage to Rosen his vehicle starter cable, allegedly due to Police involvement at 33rd Street and Marcus Avenue on April 13, 1981. (c) Claim of-Francisco Nicolas Ortiz for Ortiz property damage allegedly sustained in traffic accident with City vehicle at River Avenue and 48th Street on April 6,1981 (d) Claim of Winton P. McMillen for alleged McMillen physical abuse by City Police Officers on February 21, 1981. • (e) Claim of Pamela Gfeller for property damage Gfeller when claimant's vehicle was allegedly involved in a traffic accident with City refuse truck on January 20, 1981. 6. SUMMONS AND COMPLAINTS.- For confirmation of the City Clerk's referral to the claims adjuster: (a) Summons and Complaint of Jerry.T. Wynne.for Wynne damages, Case No. 35 -18 -36 in the Orange County Superior Court. The original claim was filed with this office on September - 22, 1980, (b) Summons and Complaint of Clemence.R. Dunlop Dunlop for personal injuries, Case No. 35- 19-52 in the Orange County Superior Court. The original claim was filed with the City on April 22, 1980, and denied by City Council on September 8, 1980. 7. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval (A report from the City Manager). (a) One Equipment Serviceworker, Equipment Maintenance Division, to fill a vacant position. (b) One Equipment Mechanic I, Equipment Maintenance Division, to fill a vacant position. Volume 35 rage 1.13 CITY . ®F NEWPORT BEACH C LINCIL ME B IRS MINUTES sane i ca, i s� April 27, 1981 p,geV General Services Field Maintenance Fund. Volume 35 Page 114 (c) One Refuse Crewman, Refuse Division, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS: For information and approval - (a) A report from the City Attorney regarding (51) LITIGATION AGAINST THE COUNTY REGARDING USE OF DANA POINT TIDELANDS FUNDS. (Attached) (b) the Attorney regarding (58) (Attached) (c) A report from the City Attorney regarding (58) EIR- 253 -USE OF DC -9 -80 AT JOHN WAYNE . AIRPORT (Attached) For information and filing - (d) A report from the Assistant to the City (42) Manager regarding the APRIL 14, 1981 CABLE TELEVISION INSTALLATION STATUS REPORT submitted by Teleprompter, (Attached) (e) A report from the City Attorney regarding (58) COMMENTS ON STATE OF CALIFORNIA AIRPORT NOISE STANDARDS. (Attached) (f) A report from the Recreation Superintendent (62) regarding NEW PROGRAMS AT OASIS CENTER. (Attached) 9. PUBLIC HEARING SCHEDULING - None 10. DENIAL OF REQUEST BY CHARMAIN J. ETINGEN - To (27) waive delinquent dog license penalty. (A report from the License Supervisor). 11. Removed from Consent Calendar. 12. Removed from Consent Calendar. 13. Removed from Consent Calendar. 14. APPROVAL OF SOUND AMPLIFICATION AND SPECIAL .(27) EVENT PERMITS for Terry Harris (Students at Southern California College). (A report from the License Supervisor). 15. BUDGET AMENDMENTS: - For approval: (25) BA -068 - $2,030.00 transfer of Budget Appropriations for Special Refuse Pick -up in Corona del Mar; General Services Refuse Fund. BA -069 - $1,275.00 transfer of Budget Appro- priations for Mobile Radio for Licensing Division; Finance and Administrative and Accounting Fund. BA -070 — $800.00 increase in Budget Appropria- tions and Revenue Estimates for Refuse Bin Fnrinsure at Fdapwatar anti Waehinn +nn G+raa +e General Services Field Maintenance Fund. Volume 35 Page 114 CITY OF NEWPORT BEACH C UNCIL Mk(�'Pnp MINUTES � i i cei i ` k ADril 27. 1981 ��r,r.. G. :ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed Resolution awarding a contract R -10026 to John,T. Malloy in connection with the Jasmine C -2181 Creek Storm Drain, Phase I Project, with a report Jasmine Ck. • from the Public. Works Department, was presented. Storm Drain (38) The Director of Public Works responded to inquiries,of Council Member Hummel relative to duration of.contract, liquidated damages, pro - tection,of residents in the area, traffic control, etc. Motion X Resolution No. 10026 awarding a Contract All Ayes (No. 2181 including additional bid items No, 18 -24) to John.T. Malloy in connection with the Jasmine Creek Storm Drain, Phase I Project, was adopted, Motion X 2. The request from Second Church of Christ to City -Owned All Ayes purchase City -owned property on Pacific View Property Drive, between water reservoir fence and rear (73) church parking lot, Corona del Mar, was referred to staff with a copy of reply to City Council. Motion X 3. The request from Corona del Mar Chamber of General Plan All Ayes Commerce relative to traffic management study- Amendment General Plan Amendment 80 -3, Newport Center 80 -3 Drive, was referred to staff with a copy of (45) reply to City Council. X 4. The request from Friends of Oasis, Inc., asking City -Owned *ion Ayes they be party to any discussions between the Property City and The Irvine Company concerning the (73) proposed land exchange adjacent to their facility, was referred to Parks, Beaches and Recreation Department for inclusion in their records, as well as the directive to staff that they continue to work with this organization on the project. Motion X 5. The request of property owners in Newport Oxbow All Ayes Shores relative to cleanup of Oxbow Channel, Channel was deferred to a future study session in (79) order to review status of litigation, and what efforts have been made.thus far to cleanup the - channel. 6. An application of Corah Dalton to enlarge.curb Curb Cut cut at 307 Abalone Avenue, Balboa Island, with Dalton a report from the Public Works Department, was (65) presented. Motion X Following comments by Council Member Maurer, motion was made to deny application. Motion X Council Member Maurer then changed his motion to refer the subject application back to staff for additional information at the May 11, 1981 Council meeting. M111MA 35 Pana_ 115 C UNCIL NAE B RS MINUTES ROLL \CALL'(� G�9 g) April 27, 1981 IR�IDFX Volume.35 Page 116 Corah Dalton, applicant, addressed the Council advising that it was her desire to enlarge an upstairs bedroom, and in order to accomplish this an extra parking space was-needed which involves making the current patio into a carport. The addition would not take away any street parking. All Ayes Following consideration, the motion was voted on and carried. Motion X 7. The plans and specifications for Dover Drive C -2232 All Ayes Reconstruction and Resurfacing from Cliff Drive (38) to Irvine Avenue (C- 2232), was referred back to staff for additional input as requested. 8. A report from the City Manager concerning a Or.Co.Fair funding request by Orange County Fair Housing. Housing Council, was presented. Council (54) Eugene R. Scorio, Executive Director, Fair Housing Council of Orange Countya addressed the Council in support of their request as forth in a detailed proposal dated April 6, 1981. Mr. Scorio stated that it was his belief that there has been considerable misunderstanding of the purposes and functions of the Fair Housing Council in the City of .Newport Beach, and what procedures the Fair Housing Council uses to achieve its objectives in order to assist the citizens of Newport Beach. • Mr. Scorio answered numerous questions posed by Council. During course of discussion reference was made to a law suit against the City of Newport Beach by the Fair Housing Council of Orange County to which the City Attorney responded. Don Collinge, resident, addressed the Council in opposition to the request for funding. Motion X Following discussion, the subject request was, All Ayes deferred until the City's new Housing Element has been adopted. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1879, being, 0 -1879 AN ORDINANCE OF THE CITY OF NEWPORT BEACH Refuse Cuttings AMENDING SECTION 6.04.140 OF THE NEWPORT (44) BEACH MUNICIPAL CODE PERTAINING TO ACCUMULATION LIMITATION PERIOD OF REFUSE AND CUTTINGS, was presented for second reading and adoption. A report from the Litter Control Coordinator •� dated March 5, 1981, was presented. Motion X Ordinance No. 1879 was adopted. All Ayes Volume.35 Page 116 C UNCIL ME B RS MINUTES ROLL CALL Gs9 April 27, 1981 INDEX I. CONTINUED BUSINESS: Motion X 1. (District 4) Mayor Heather's appointment/ CAC All Ayes reappointment to the Bicycle Trails Citizens (24) . Advisory Committee, was deferred to May 11, 1981. J. CURRENT BUSINESS: 1. A report from the Public Works Department Street regarding RECONSIDERATION OF THE PROJECT TO Impvts. CONSTRUCT PROSPECT STREET BETWEEN COAST (74) HIGHWAY AND SEASHORE DRIVE, was presented. The City Clerk advised that after the printing of the agenda, letters in support of opening Prospect Street were received from the following: Mrs. W.E. McNair Mrs. E. Aversa Mr. R. Griffith Margaret E. Hall Mr. & Mrs. Richard Babineau The Director, of Public Works summarized his report.. He pointed out that there had been some confusion relative to Seashore Drive, thinking that once Prospect Street were opened, Seashore Drive would again be restored to a two -way street. To the best of his knowledge, this had not been proposed by anyone. The discussions that have taken place regarding Seashore Drive related to 2 -way traffic only, • between Orange and Prospect Streets, a five block length. It was noted for those in attendance that the the present status of the project is that the plans are complete for the reconstruction of Prospect Street between Coast Highway and Seashore Drive, and the Coastal Zone Permit has been applied for as has the Caltrans Encroachment Permit. The Regional Coastal Commission was scheduled to approve the permit on April 13, 1980, but due to objections voiced at the meeting, has continued its con- sideration for one month so that the City may review the project and determine if it still considers the improvement to be needed. Don Collinge, resident, addressed the Council in opposition to the opening of Prospect Street. Mrs. McNair, 6510 W. Ocean Front, addressed. the Council in support of opening Prospect Street from Coast Highway to Seashore. She stated that she was not in favor of Seashore Drive being restored to a two -way street. Douglas Edlund, 6406 W. Ocean Front, addressed the Council in opposition to the opening of Prospect Street, as well as any change to Seashore Drive. ..Volume 35 Page 117 C U ME B RS -s s ROLL CALL • Motion Ayes Noes Abstain Motion All Ayes 10 11*,11 19, ._ MINUTES April 27, 1981 INDEX 75th Anniversary Logo (35) R -10029 Margot Skilling, 6610.W. Ocean Front, addressed the Council in support of opening Prospect Street as long as Seashore Drive remains a one - way street. Gene Krause,.6502 Ocean Front, representing West Newport Beach Improvement Association, stated that as a result of a survey taken on the proposed project, it was found that 16 residents don't want Prospect Street opened, 7 residents are in favor, providing there will be no two - way traffic on Seashore Drive, and 3 residents don't have an opinion. X Following discussion, the staff was directed to X X X X X continue working on the project, retaining X Seashore Drive as a one -way street. X 2. A report from the 75th Anniversary Committee Chairman regarding the 75TH ANNIVERSARY LOGO - COPYRIGHT AND LICENSE AGREEMENT, was presented. X The staff was authorized to implement procedures to copyright the 75th Anniversary Logo, and Resolution No. 10029 was adopted, approving a Standard License Agreement for the commercial use of the 75th Anniversary Logo and authorizing a committee consisting of the Chairman of the 75th Anniversary Committee, an Advisory /Liaison Member who represents the business community, appointed by the Chairman, the City Attorney and the Parks, Beach and Recreation Director who will be responsible for recommending execution of the Logo License Agreements to be signed by the City Manager. K. ADDITIONAL BUSINESS - None L. ADJOURNMENT - The meeting was adjourned at 10:13 p.m. to a closed session for personnel matters and airport litigation matters. The meeting reconvened at 11:40.p.m. No further action was taken and the meeting was immediately adjourned. r Jackie E. Heather ATPEST: City Clerk Wanda E. Andersen Volume 35 Paqe 118 INDEX 75th Anniversary Logo (35) R -10029