HomeMy WebLinkAbout09/25/1989 - Regular MeetingCITY OF NEWPORT BEACH
EMBERS
s� o
\Gy �\
Present Ix Ix Ix I x1 xi x
Motion
6Ayes
Motion
All Ayes
•
x
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: September 25, 1989
I X1 A. ROLL CALL.
B. Reading of Minutes of Meeting of
September 11, 1989, was waived, approved
as written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Strauss opened the public hearing IPCA 680
regarding APPEAL BY DAVID M. STONE, Zoning
Balboa Island, from the denial by the (94)
Planning Commission on July 6, 1989, of:
A. Planning Commission Amendment No.
680 - Proposed ORDINANCE NO. 89 -20,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
AMENDING THE C -1 DISTRICT
REGULATIONS TO ALLOW
AUTOMOBILE AND GENERAL STORAGE
WHERE CONSISTENT WITH THE
GENERAL PLAN, SUBJECT TO THE
SECURING OF A USE PERMIT IN
EACH CASE; AND THE ACCEPTANCE
OF AN ENVIRONMENTAL DOCUMENT;
k AND
B. USE PERMIT NO. 3353 U/P 3353
1(88)
Request to permit the construction
of automobile and general storage
with three second floor residential
units on property located at 119 -123'k
Agate Avenue; zoned C -1. The
proposal also includes a
modification to the Zoning Code so
as to allow a second floor access
deck to encroach four feet into the
required ten foot rear yard
setback.
Report from the Planning Department.
It was noted that at the August 14, 1989
meeting, the City Council approved
General Plan Amendment 89 -1(E), Local
Coastal Program Amendment No. 16,
Coastal Residential Development Permit
No. 15 and Resubdivision No. 895; all to
allow construction of automobile and
Volume 43 - Page 377
•
•
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
c�
September 25, 1989
MINUTES
general storage in a mixed use
commercial /residential project located
on Agate Avenue, Balboa Island. The
Amendment required as part of the
project approval was passed to second
reading of the proposed Ordinance, and
the Use Permit required was continued to
allow the applicant to submit revised
plans which incorporate the design
changes suggested by staff should the
project be approved.
It was also pointed out that the revised
plans submitted by the applicant have
addressed all the design changes
proposed by staff. These are: That two
car garages be provided for the
residential units, that an additional
open parking space be provided for the
nonresidential component of the project,
that the access stair at the rear of the
property be relocated to provide a
minimum 20 foot clear access driveway
from the alley, that a minimum 5 foot
area be provided at the end of the aisle
beyond the last garage for turning
purposes, and that the areas provided
for refuse storage or utility services
not encroach into required parking or
aisle areas. In addition, the revised
project eliminates the balcony /accessway
encroachment into the 10 foot alley
setback. Staff has provided a revised
Exhibit "A" for the component of the
application under current consideration
of the City Council.
Henrietta Fisher, 122 Agate Avenue,
Balboa Island, addressed the Council and
stated that she resides across the
street from the proposed project, and
questioned whether the applicant would
be using his commercial display cases to
advertise businesses on Agate Avenue, or
for other areas in the City.
David M. Stone, applicant, 132 S. Bay
Front, addressed the Council and stated
that his project has received community
support as well as approval from both
Island Associations, and since the last
City Council meeting, he has met with
staff and concurs with their
recommendations. The intent of the
display windows are for local merchants
on Balboa Island. He would like his
tenants to be able to wash their cars if
permissible, and if so, he will have the
necessary drain installed.
Volume 43 — Page 378
CA 680
/P 3353
L
•
Motion
All Ayes
•
u
J
CITY OF NEWPORT BEACH
EMBERS MINUTES
F5 September 25, 1.989 INDEX
It was indicated by Council Member Watt PCA
680
that if car washing is allowed, U/P
3353
Condition of Approval No. 7 should be
amended.
The Public Works Director commented that
pursuant to the provisions of the
Building Code, a car washing area may be
permitted to drain and connect into the
sanitary sewer provided it is covered,
and provided no surface drainage from
rainfall can get into the sewer.
With regard to the commercial display
cases referenced earlier, Mr. Stone
stated that he will offer advertising
space in all the display cases to all
businesses on Agate Avenue initially,
and then to all other merchants on
Balboa Island.
Hearing no others wishing to address the
Council, the public hearing was closed.
x
Motion was made to adopt proposed
Ordinance No. 89 -20, amending Title 20
of the Newport Beach Municipal Code to
amend the C -1 District regulations; and
approve Use Permit No. 3353, subject to
the Findings and Conditions of Approval
contained in Exhibit A," with the
provision that Condition of Approval No.
7 be amended to add that "car washing
may be allowed if the washing area
legally discharges into the sanitary
sewer in accordance with the Building
Code requirements to the satisfaction of
Public Works and Building Departments.
2. Mayor Strauss opened the public hearing
CDBG Prgrm
regarding COMMUNITY DEVELOPMENT BLOCK
HUD
GRANT PROGRAM GRANTEE PERFORMANCE REPORT
(87)
- FISCAL YEAR 1988/89.
Report from the Planning Department.
The City Manager noted that at the
beginning of the fiscal year, the City
had entitlement funds of $407,000 plus
carryover funds of $47,447 for a total
of $454,447. During the year, funds
were spent for:
Community Center $307,647
Social Services /Rehab. 74,225
Fair Housing 11,600
Administration 45,761
TOTAL $439,233
Volume.43 — Page 379
r�
u
Motion
All Ayes
•
Motion
All Ayes
•
CITY OF NEWPORT BEACH
EMBERS MINUTES
n
9 � O� 9�
to pf September 25, 1989 INDEX
It was also noted that the remaining
CDBG Prgrm
$15,214 is in reserve, primarily to
HUD
fulfill obligations to social service
agencies that did not complete their
service obligations before June 30th and
for the emergency rehab grants fund.
The City also used a $1,200,000 HUD
Section 108 loan to assist with the
acquisition of the West Newport
Community Center.
Hearing no one wishing to address the
Council, the public hearing was closed.
x
Motion was made to authorize the City
Manager to transmit the 1988/89 Grantee
Performance Report (CPR) to the
Department of Housing and Urban
Development (HUD).
E. PUBLIC COMMENTS:
Nancy Skinner, Member of the Harbor
Harbor
Quality Committee, invited the Council
Quality
to attend a meeting on September 26 at
7:00 p.m. in the Council Chambers
concerning the status of water quality
in Newport Bay. She stated that Senator
Marian Bergeson will be presenting the
update, and there will also be a
presentation by Donald Lorenz of the
Harbor Quality Committee regarding a new
educational program known as "Bay
Watchers."
F. CONSENT CALENDAR:
x
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on October 9,
1989 -
(a) Proposed ORDINANCE NO. 89 -27,
Ord 89 -27
being,
Veh /Trfc
Bic Registt
AN ORDINANCE OF THE CITY COUNCIL OF
(85)
THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.56.020 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
THE WAIVER OF BICYCLE REGISTRATION
FEES AT CITY SPONSORED BICYCLE
SAFETY PROGRAMS. [Report from the
City Attorney]
Volume 43 - Page 380
CITY OF NEWPORT BEACH
MINUTES
�X C .
�
\j� 2t1► N September 25, 1989
Schedule for public hearing on
October 9, 1989 -
(b) Proposed ORDINANCE NO. 89 -28,
Ord 89 -28
•
being,
Zoning
(94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO ESTABLISH
THE MULTI - FAMILY RESIDENTIAL (MFR)
DISTRICT [PLANNING COMMISSION
AMENDMENT NO. 687]. (Report from
the Planning Department)
2. RESOLUTION'S FOR ADOPTION:
(a) Resolution No. 89 -109 ESTABLISHING
arking
A 2 -HOUR PARKING LIMIT from 8:00
strcns/
a.m. to 4:00 p.m., Monday through
liff Dr
Saturday on the SOUTH SIDE OF CLIFF
es 89 -109
DRIVE, [from westerly limit of
63)
Cliff Drive Park to San Bernardino
Avenue]. (Report from Traffic
Affairs Committee)
(b) Resolution No. 89 -110 which
Cncl Plcy
modifies HARBOR PERMIT POLICIES H -1
- 1 /Hrbr
to establish the Fair Market Rental
Prmt Plcy
Value for tidelands devoted to
Res 89 -110
•
commercial uses at $.22 per square
(69)
foot of area within a permit zone;
adjust this base rental annually to
reflect an increase or decrease in
the Consumer Price Index; requires
an appraisal to be conducted every
ten years to reestablish the base
rental appropriate for commercial
tidelands. (Resolution and report
from Marine Director)
(c) Resolution No. 89 -111 DECLARING
CA Coast
CALIFORNIA COAST WEEKS, September
Weeks
16 - October 9, 1989. (Resolution
Res 89 -111
and letter of request from State
(28)
Lands Commission)
3. CONTRACTS /AGREEMENTS:
None.
4. COMMUNICATIONS - For referral as
indicated:
(a) To Traffic Engineering for reply,
Trfc Engr
•
letter from Eric Askew requesting
(85)
solution to LACK OF PARKING ON WEST
BAY between 18th and 19th for
access to beach /swimming area.
Volume 43 - Page 381
L
LL
•
•
•
CITY OF NEWPORT BEACH
MINUTES
00�
G � �
September 25, 1989
(b) To Parks, Beaches and Recreation PB &R
for reply, letter from Eric Askew (62)
regarding USE OF BEACH AND PARKING BY
OUTRIGGER CANOE CLUB at West Bay
between 18th and 19th Street.
(c) To City Attorney for response, City Aty
letter from C. E. Parker, Inc., (31)
regarding TIDELANDS AND SUBMERGED
LANDS in the City of Newport Beach.
(d) To Executive Assistant to the City Community
Manager for reply, letter from G. A. Cblvsn/
Gould with complaint against COMMUNITY CATV
CABLEVISION COMPANY. (42)
(e) To City Attorney for inclusion in City Aty
the records, newspaper clipping from (31)
Linn Aitken entitled "San Diego
County towns push mute button on
LEAF BLOWERS, NOISY STEREOS."
(f) To Public Works for report back on
October 9, 1989 agenda, request
from Mary Ann Faubert for approval
to retain her "NONSTANDARD DRIVEWAY
IMPROVEMENT" across the public
right of way on property located at
3607 Finley Avenue.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Rose S. Cohen alleging injuries -as
a result of trip and fall on July
21, 1989, depression in sidewalk
surrounding high voltage cover on
Diamond Avenue and North Bayfront.
(b) William W. Heath alleging personal
injuries sustained on August 8,
1989, as a result of using
pedestrian path (County beach)
located in the City of Newport
Beach.
(c) Frans J. Neterrings alleging damage
to vehicle as a result of running
over open manhole on Pacific Coast
Highway and Riverside Avenue on
July 13, 1989.
Volume 43 - Page 382
PW
(74)
(36)
Cohen
Heath
•
•
•
CITY OF NEWPORT BEACH
MINUTES
co� N
September 25, 1989
(d) Katherine Northrup for David Northrup
Northrup alleging son was riding
skateboard on August 25, 1989 and
hit a bump in sidwalk (location not
given) causing injury to teeth.
(e) Krystin Lynn Olson, Donald Olson and
Sharon Olson alleging personal
injuries, damages as a result of
pursuit on Beach Boulevard, north
of Holland, Huntington Beach, by
Newport Beach and Huntington Beach
Police Departments on June 14,
1989.
(f) Mr. and Mrs. Al Ross of 2209
Pacific Avenue, Corona del Mar for
damages, alleging City employee had
erred in plan check review and
verification on June 13, 1988 to
claimant's Architect Timothy
Robertson, resulting in additional
costs to date.
(g) Heidi B. Garrity for property
damage, personal injuries as a
result of windshield of her car
shattering from rock that was
ejected from lawnmower being
operated by City employee on
September 18, 1989, in median on
MacArthur Boulevard.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Monte Del Bolinger for personal
injuries sustained on December 2,
1985, Orange County Superior Court
Case No. 501493. Claim was denied
by City Council, March 24, 1986.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) Two Groundsworker I's, Parks
Division.
(b) One Library Branch Manager, Library
Department.
(c) One Recreation Supervisor,
Recreation Division.
(d) One Maintenance Man I /Asphalt Crew,
Field Division.
(e) One Secretary,,Public Works
Department.
Volume 43 - Page 383
Olson
Ross
Garrity
(36)
Bolinger
(66)
•
•
CITY OF NEWPORT BEACH
MINUTES
4
co
�.9 S September 25, 1989
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Letter signed by Mayor Strauss to
Chairman of the LOCAL AGENCY
FORMATION COMMISSION in response to
request of September 13, 1989 for
two additional members to their
board representing independent
special districts.
(b) Removed from the Consent Calendar.
For Council information and filing:
(c) Removed from the Consent Calendar.
(d) Memorandum from Secretary to the
Civil Service Board regarding the
following officers elected for
Fiscal Year 1989 -90: Hilbert
Carson, Chairman and Vicki
Michalczyk, Vice - Chairman.
10. PUBLIC HEARING SCHEDULING - October 9,
1989:
(21)
(24)
Sry Bd
(a) Guido R. Smith, Attorney for LOURDES /P 3356
GUMATICO, applicant, appealing (88)
Planning Commission denial on
August 10, 1989, for USE PERMIT NO.
3356, on property located at 107
Palm Avenue. (Attached)
(b) ORANGE COAST YELLOW CAB - letter Prange Cst
requesting increase in taxicab ellow Cb
rates, pursuant to Newport Beach (86)
Municipal Code Section 5.12.100.
(Attached)
11. TRAFFIC SIGNAL INSTALLATION AT PLACENTIA Placentia/
AVENUE AND 15TH STREET AND TRAFFIC 15th St Trf
SIGNAL MODIFICATIONS AT VARIOUS Sgnl Instl
INTERSECTIONS (CONTRACT 2770) - Approve -2770
plans and specifications; affirm (38)
Negative Declaration; and authorize City
Clerk to advertise for bids to be opened
at 11:00 a.m. on October 18, 1989.
(Report from Public Works /Traffic
Engineering; Department)
12. SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1988/89
1988 -89 - Approve the plans and Swr Mn /Aly
specifications; and authorize the City Rplcm Prgrm
Clerk to advertise for bids to be opened C -2700
at 11:00 a.m. on October 12, 1989. (38)
(Report from Public Works Department)
Volume 43 - Page 384
•
•
CITY OF NEWPORT BEACH
\* w�\07 oo4
N September 25, 1989
13. SPECIAL EVENTS PERMITS - Uphold staff's
recommendation to approve the following
applications, subject to conditions
listed in the staff report:
MINUTES
Permits/
Spcl Evnts
(65)
(a) Application No. 89 -296 - Use Apli 89 -296
of amplified sound for William
Rabbitt wedding reception at
310 and 312 Buena Vista on
October 7, 1989, from 12:30
p.m. - 4:30 p.m.
(b) Application No. 89 -283 - Apli 89 -283
Temporary road closure on
September 30, and October 1,
1989, for Arts and Crafts Show
in Lido Marina Village, from
10:00 a.m. - 6:00 p.m.
14. BUDGET AMENDMENTS - For approval:
(a) BA -019, $73,265 - Increase in
Budget Appropriations and Revenue
Estimates for funds for California
Literacy Campaign provided by
California Library Services Act;
Library Fund.
(b) The following are Increases in
Budget Appropriations for
reappropriation of prior years'
encumbrances as required by
Governmental Accounting, Auditing
and Financial Reporting (GAAFR):
BA =020, $1,763,460.81 - General
Fund.
BA -021, $157,249.15 - Park and
Recreation Fund.
BA -022, $50,299.82 - Library Fund.
BA -023, $9,600 - Community
Development Block Grant Fund.
BA -024, $803,588.48 - State Gas Tax
(Sec. 2107) Fund.
BA -025, $5,473.26 - State Gas Tax
(Sec. 2106) Fund.
BA -026, $30,976.20 - Tide and
Submerged Lands Fund.
BA -027, $3,489,574.45 -
Contributions Fund.
Volume 43 - Page 385
(25)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\AL �np �,� A nA 7� '•%� � September 25, L989 L �_ �'
loon
All Ayes
Motion
x
BA -028, $30,000 - Circulation and
Transportation Fund.
BA -029, $60,559.75 - Building
Excise Tax Fund.
BA -030, $768,199.14 - Water Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Letter from City Attorney to Orange /C -John
County Airport Manager concerning City ayne Aces
of Newport Beach comments on staff In /Ph II
recommendations for PHASE II OF THE JOHN (54)
WAYNE AIRPORT ACCESS PLAN.
Council Member Turner, Member of the
City's Aviation Committee, stated that
the Committee is monitoring the Access
Plan very closely together with the City
Attorney, and are coordinating the Plan
with some interested citizens groups,
and if there are any other changes, the
Committee would like the opportunity to
review those changes and bring them back
to the Ad Hoc Airport Committee for
approval. Comments are required to be
submitted to the County by October 4,
and the Aviation Committee is meeting
October 3.
Motion was made to approve the subject
letter and authorize its transmittal to
Orange County Airport Manager.
Report to City Manager regarding ACTIONS Plac
TAKEN BY THE PLANNING COMMISSION ON (68)
SEPTEMBER 7, 1989.
x I Motion was made to schedule public
hearing on Traffic Study No. 58 and Use
Permit No. 2229 of Newport Imports for
October 9, 198,9.
Council Member Hart advised that she has
spent a considerable amount of time
meeting with various people, including
City staff, regarding the diner at
Newport Imports, and felt that the
parking issue has now been satisfied,
traffic has been analyzed, and
therefore, the Traffic Phasing Ordinance
requirements have been met. Also,
additional property has been acquired
for parking purposes as a result of the
purchase of two sites adjacent to the
Newport Imports, and consequently, the
overall appearance of the area will be
greatly improved.
Volume 43 - Page 386
OLL
•
•
Ayes
Noes
CITY OF NEWPORT BEACH
MINUTES
�A y p i
lam,® �N September 25, 1989
x I x I x I x I x I x I x
Mayor Pro Tem Plummer stated she will
not be supporting the motion, inasmuch
as she felt the time spent reviewing
this issue again could be put to more
productive use.
Council Member Turner commented that he
also will not be supporting the motion
due to the fact that there are no
findings for denial. However, he did
feel that an ordinance should be
considered to prevent this type of issue
from reoccurring again, and /or stronger
enforcement regulations of use permits.
Council Member Sansone stated he would
like the public to be aware of the
reasons the subject application now
satisfies City Code regulations, and
pointed out again that the applicant has
purchased two sites adjacent to Newport
Imports to be used for parking.
There are structures existing on the
parcels with the former China Palace
proposed for demolition.
Mayor Strauss stated he was in support
of the motion to schedule this item for
public hearing, as he felt there should
be a public explanation of "what is
going on" relative to the diner and
parking at Newport Imports. He also
indicated he had not seen sufficient
evidence in order for the Council to
vote for, or against this matter. He
further felt that the request by Council
Member Watt to review this item should
be honored, as the majority of other
requests of this nature by council
members have been granted in the past.
He also agreed that an ordinance should
be enacted relative to increasing the
enforcement of use permit applications.
Council Member Turner indicated he felt
the Council had received sufficient
material to warrant not reviewing this
issue again at a public hearing.
There being no further comments, the
motion made by Council Member Watt was
voted on and FAILED.
In view of the foregoing, and there
being no objections, the subject report
was received and filed.
Volume 43 - Page 387
•
Motion
All Ayes
•
Motion
All Ayes
Motion
All Ayes
White
R0 x x
x
CITY OF NEWPORT BEACH
MINUTES
�A S co
c 9G9�r
September 25, 1989
x
x
x
x
x
x
x
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 89 -26, being,
AN ORDINANCE OF THE CITY COUNCIL OF (85)
THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.40.100 OF THE NEWPORT
BEACH MUNICIPAL CODE TO DESIGNATE THE
CUL -DE -SAC PORTION OF HILARIA WAY,
EASTERLY OF FLAGSHIP ROAD FOR ANGLE
PARKING,
was presented for second reading with
recycled report from Traffic Affairs
Committee dated September 11, 1989.
Motion was made to adopt Ordinance No.
89 -26.
89 -26
I. CONTINUED BUSINESS:
1. Proposed ORDINANCE NO. 89 -23, being, Ord 89 -23
Veh /Trfc
AN ORDINANCE OF THE CITY COUNCIL OF (85)
THE CITY OF NEWPORT BEACH AMENDING
SECTION 12.32.020(b) OF THE NEWPORT
BEACH MUNICIPAL CODE TO PROHIBIT
COMMERCIAL VEHICLES EXCEEDING 6,000
POUNDS FROM OPERATING ON CERTAIN
STREETS WITHIN THE CITY LIMITS
[SEAWARD ROAD],
was reintroduced and passed to second
reading, with recycled report from
Traffic Affairs Committee, dated
August 28, 1989.
Motion was made to adopt Ordinance No.
89 -23.
2. Report from Public Works Department Permit/
concerning APPEAL OF DAN AND BARBARA D'Amore
D'AMORE from provisions of COUNCIL Encrchm
POLICY L -2 prohibiting driveway (65)
approaches to residential property which
abuts an alley.
Motion was made to remove from calendar,
as recommended in the staff report.
3. ARTS COMMISSION VACANCY: Arts Cmsn
Jane Piasecki was assigned the white
light.
Howard Herzog was assigned the red
light.
Howard Herzog was appointed to fill
unexpired term of Kym Young, ending
June 30, 1992.
Volume 43 - Page 388
CITY OF NEWPORT BEACH
MINUTES
9
September 25, 1989
(62)
Loop
J. CURRENT BUSINESS:
1. Report from Parks, Beaches and
Recreation Director concerning WEST
•
NEWPORT OXBOW LOOP.
Letter of endorsement regarding
development of the Newport Shores
recreational park (West Newport Oxbow
Loop) from Chairman, Environmental
Quality Affairs Committee.
The City Manager summarized the
background information relative to this
item as follows:
The Oxbow Loop or "Semeniuk Slough"
has been identified in the
Recreation and Open Space Element
of the General Plan as a park site
for over 20 years. The West
Newport Beach Association and the
Newport Shores Community
Association have consistently
requested development of this park
site. Need for this facility has
been determined as:
1) By analysis in the
Recreation and Open Space
•
Element of the General
Plan, West Newport is the
most deficient service
area in the City of
Newport Beach with
respect to available
parks.
2) The Newport Shores
community of over 500
homes needs an activity
park north of Pacific
Coast Highway to provide
a facility for youth
sports and general
recreation.
3) Park development would
vastly improve the
appearance of the western
entrance to the City of
Newport Beach.
Historic problems of conflicting
ownership, wetlands designation and
•
underdeveloped land in this area
are at a point where action should
be taken.
Volume 43 — Page 389
(62)
Loop
CITY OF NEWPORT BEACH
MINUTES
\a�9gy9� c� 9,►
GN September 25, 1989
�A �
Oxbow Loop
The Parks, Beaches and Recreation
Commission reviewed the recent
letter to the City Council from the
West Newport Beach Association on
this matter and unanimously urged
approval of the recommendations
made by the Association.
In view of the foregoing, it was
recommended by the Parks, Beaches and
Recreation Director that the City
Council:
(a) Approve of the City acting as lead
agency in establishing an activity
park in the tidelands area known as
the Oxbow Loop adjacent to the
Newport Shores residential
community; and
(b) Direct: the appropriate City staff,
includling Public Works, Planning,
Parks, Beaches and Recreation
Commission and the City Attorney to
develop a timely plan to be
coordinated with other public
agencies to ascertain requirements
for acquisition and development of
subject property.
•
The City Manager referenced the area in
question and pointed out that it is
proposed that a large portion of the
wetlands owned by Mobil Oil and located
in the County unincorporated area be
given to the State Department of Fish
and Game, and stated it is the thinking
of the Parks, Beaches and Recreation
Commission, as well as the residents who
initiated this proposal, that the County
should be approached at this time,
indicating to them that the dedication
of the wetlands portion of the property
would be the mitigation necessary to
seek approval to fill approximately four
acres of the State Tidelands property
for use as an activity park. The land
that would be filled is the southerly
tip of the Oxbow Loop located behind
Cappy's restaurant on Pacific Coast
Highway and adjacent to the City's oil
wells. The subject area would also
include the small portion of already
City —owned land immediately adjacent to
this parcel. The proposed recreational
uses for the area would be soccer,
•
softball, and similar uses if the land
is filled and turfed.
Volume 43 — Page 390
Oxbow Loop
•
•
•
CITY OF NEWPORT BEACH
4
O� y �
-V CI 25, 1989
Mayor Pro Tem Plummer indicated she
would like to have more information on
this matter regarding estimated costs,
detailed map, etc.
Council Member Turner suggested Mayor
Pro Tem Plummer be involved very closely
with this proposal, inasmuch as it is in
her Councilmanic District, and that this
item come back to the Council on a
periodic basis. He also suggested that
if the City -owned property at 4210 River
Avenue is sold after the election in
November 1989, that the funds from that
sale be set aside for the development of
the proposed activity park.
Mike Johnson, 5803 Seashore Drive,
member of West Newport Beach Homeowners
Association, addressed the Council in
support of the proposal. He stated that
he was a member of the City's Parks,
Beaches and Recreation Commission for
six years, and during that time there
was a $7 million park bond election for
17 different park sites throughout the
City and at 67% favorable vote was needed
for passage, but failed since only 64%
was received. He stated that timing was
everything then, as it is now with
respect to this project. The County is
hopeful of placing a park in the 525
acres in the vicinity of the proposed
activity park; 50 acres of which are
already within the City limits. The
area in question for the proposed City
park is considered tidelands, and
therefore can be used as a park, and is
also within the City's Sphere of
Influence. He stated he felt this site
is the only location left for a park in
West Newport.
Wally Semeniuk, 6807 W. Seashore Drive,
addressed the Council in support of the
proposed park. He stated that since the
early 1960's, residents in the area have
been trying to get this land developed
into a park. He stated that it is the
opinion of the West Newport Beach
Association that the subject property is
within the City boundary, and will be
under the ownership of the States Lands
Commission as tidelands, and therefore,
under the City's supervision. The State
Department of Fish and Game has
identified this potential park location
as "wetlands." The Department policy
and Federal guidelines on wetlands is
that there shall be no net loss of
Volume 43 - Page 391
MINUTES
Oxbow Loop
Motion
•
Motion
x
x
i,
CITY OF NEWPORT BEACH !
MINUTES
i
September 25, 1.989
wetlands due to development, and
therefore, the Department will object to
the creation of a park playfield project
unless an equal or greater area of
wetlands is created within the general
plan. There are in excess of 400 homes
in the Newport Shores community and the
residents do not have a park. He also
agreed with Council Member Turner's
suggestion to take the proceeds from the
sale of 4210 River Avenue, (provided it
is approved by the voters in November)
and use towards the development of the
proposed park.
Hearing no other comments, motion was
made to:
(a) Approve of the City acting as
lead agency in establishing an
activity park in the tidelands
area known as the Oxbow Loop
adjacent to the Newport Shores
residential community; and
(b) Direct the appropriate City
staff, including Public Works,
Planning, Parks, Beaches and
Recreation Commission and the
City Attorney to develop a
timely plan to be coordinated
with other public agencies to
ascertain requirements for
acquisition and development of
subject property; and
(c) Direct the staff to update the
City Council on this item at a
study session meeting early
next year.
Substitute motion was made to approve
all of the foregoing, with the addition
that if the electorate votes to sell the
City -owned property at 4210 River
Avenue, the funds received from that
sale be set aside for the development of
this proposed park.
Council Member Hart and Mayor Strauss
indicated they felt it was too premature
to decide what to do with the funds at
this time, inasmuch as the electorate
have not yet voted on the issue.
The City Attorney advised that
precommitment of funds to a project such
as the proposed park is, to some extent,
prejudging the issue, and he was not
Volume 43 - Page 392
Oxbow Loop
•
All Ayes
•
is
CITY OF NEWPORT BEACH
co
4�
9 -A ' �
Fo Gss -% September 25, 1969
sure from the standpoint of CEQA, et al,
that the Council will want to have that
commitment on the record.
In view of the foregoing comment by the
City Attorney, Council Member Turner
withdrew his substitute motion.
Council Member Cox stated he felt that
Council Member Turner's suggestion to
allocate the funds received from the
possible sale of 4210 River Avenue was
in keeping with the "spirit" of the
Council's desire to identify funds that
could be used for a site if and when
appropriate.
The motion on the floor, as made by
Mayor Pro Tem Plummer, was voted on and
carried.
Council Member Turner further commented
that he felt the "west side has been
shorted" relative to park sites, and
that this was an opportune time to
commit to allocating the funds from the
possible sale of 4210 River Avenue for
the development of the proposed park.
Mayor Pro Tem Plummer spoke against the
idea of committing the funds at this
time, as she felt the Council should
wait until after the election to see
what the voters decide.
Ninfa Jarvis O'Brien, President of
Newport Shores Homeowners Association,
addressed the Council and stated that
they have documentation in their files
advising that the subject property is
State Tidelands and it is her
understanding that the monies received
from the oil wells must be used for
improvement of those Tidelands.
Volume 43 - Page 393
MINUTES
Oxbow Loop
•
•
•
CITY OF NEWPORT BEACH
MINUTES
\\ September 25, 1989
Meeting adjourned at 8:55 p.m. in memory of
the following who recently passed away: Bill
Lace, bus driver for Newport -Mesa School
District; John Shea, who was active in the
Central Newport community and City affairs;
and Walter Burroughs, first owner of the
Daily Pilot.
ty
The agenda for this meeting was
posted on September 21, 1989,
at 8:15 a.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
Volume 43 - Page 394