HomeMy WebLinkAbout02/26/1990 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING
y
PLACE: Council Chambers
c9 9� TIME: 7:00 P.M.
� DATE: February 26, 1990
ROLL CALL
MINUTES
INDEX
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
Mayor Pro Tem. Sansone announced that Mayor
Mayor
Plummer was in Washington, D.C., representing
City relative to Offshore Drilling.
Motion
x
B. Reading of Minutes of Adjourned Meeting
All Ayes
of January 29, and Regular Meeting of
February 12, 1990, was waived, approved
as written, and ordered filed.
Motion
x
C. Reading in full of all ordinances and
All Ayes
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Pro Tem. Sansone opened the public
hearing regarding:
GENERAL PLAN AMENDMENT NO. 89 -3(E) - GPA 89 -3(E)
Request to amend the Land Use Element of (45)
the General Plan so as to increase the
allowable Floor Area Ratio of Our Lady
Queen of Angels Church from 0.15 to
0.17; and the acceptance of an
Environmental Document;
AND
TRAFFIC STUDY NO. 61 - Request to Traffic
approve a traffic study so as to permit Study 61
the construction of a 23,534 square foot
addition to Our Lady Queen of Angels
Church;
AND
USE PERMIT NO. 991 (AMENDED) - Request U/P 991(A)
to amend a previously approved use Our Lady
permit which allowed the establishment Queen of
of the existing Our Lady Queen of Angels Angels
Church located at 2046 Mar Vista Drive.
The proposed amendment involves a
request to permit the construction of a
23,534 square foot addition to the
church which include a new parish hall,
administrative offices, new classrooms
and a new garage for the parish rectory.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was
received from the Bluffs Homeowners
Community Association requesting this
hearing be continued to March 12, 1990,
to allow the Association to review the
proposed Amendment and Traffic Study.
Volume 44 - Page 57
COUNCIL MEMBERS
G
V�A February 26, 1990
one t cep � �
MINUTES
Arthur Barlow, President, The Bluffs Our Lady
Homeowners Community Association, Queen of
addressed the Council regarding their Angels
request for continuance stating they are
very concerned with the traffic and
•
parking on Mar Vista and Vista Del Oro
as a result of the proposed addition to
the church. He added that there are 102
homes in the immediate area and
approximately 200 apartments on
Dominguez and Amigos which ingress/
egress on Mar Vista. Also, there are
approximately 1142 students at Corona
del Mar High School which could increase
.
in the next few years, and he felt there
should be a new traffic study of the
area which includes Mar Vista and Vista
Del Oro prior to approval of the
proposed church expansion.
Jean Wegener, Member of the Board of
Directors of Eastbluff Homeowners
Association, addressed the Council and
concurred in the remarks of Mr. Barlow.
She stated she was not opposed to the
church expanding, but felt the City
Council should address the "total" issue
of traffic in this area, rather than in
a "piecemeal" fashion.
®
Glen Gellathy, Architect for this
project, addressed the Council and
stated that the applicant has been
working on the subject proposal for over
three years; their project did receive
unanimous approval from the Planning
Commission last month; they need to
begin construction on the school portion
of the project by the beginning of
Summer; and that a delay of any more
than two weeks would definitely create a
hardship.
In response to question raised by
Council Member Turner, the Public Works
Director reported that the trip
generation forecast for this project for
the morning 2# hour peak is 31 cars
entering and 28 cars exiting, and if
those 31 cars entering were spread out
over the 2k hours, it would be
approximately 12 cars per hour.
With respect to the Traffic Study
prepared for this development, the
Planning Director advised that said
®
Study was done in conformance with the
City's Traffic Phasing Ordinance and
Council Policy, and that the streets
mentioned by Mr. Barlow were not
included in the study as they do not
fall under the criteria of an arterial
highway or signalized intersection.
Volume 44 — Page 58
COUNCIL MEMBERS
G9
A February 26, 1990
Ong i f 1 1
MINUTES
67
Father William McLaughlin, Pastor, Our
Lady Queen of Angels Church, addressed
the Council in support of their request.
He added that the church has been at its
present site for 27 years; they have
•
2800 families as members with 310
students enrolled in their school; their
goal is to commence the school portion
of their project while the children are
not in school between June and
September; and therefore, they would
request this item be delayed no longer
than two weeks.
Motion
x
Following discussion, motion was made to
All Ayes
continue this public hearing to March
12, 1990; that staff, report back on the
projected population increase for Corona
del Mar High School; and that the
consultant who prepared the Traffic
Study for this project be invited to the
hearing to answer questions relative to
his report.
2. Mayor Pro Tem Sansone opened the public Ord 90 -3
hearing regarding proposed ORDINANCE N0. Mariners
90 -3, being, Mile Zoning
(94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
•
CHAPTER 20.62 OF THE NEWPORT BEACH
MUNICIPAL CODE FOR THE MARINERS
MILE SPECIFIC PLAN (SP -5), REVISING
THE PERMITTED LAND USES IN THE
RECREATIONAL AND MARINE COMMERCIAL
AREAS CONSISTENT WITH THE NEWPORT
BEACH GENERAL PLAN AND LOCAL
COASTAL PROGRAM, LAND USE PLAN.
OTHER AMENDMENTS INCLUDE CHANGES TO
THE DEVELOPMENT STANDARDS TO
ELIMINATE THE CONCEPT OF INCREASED
FLOOR AREA IN ASSOCIATION WITH
CERTAIN INCENTIVE USES AND OTHER
MINOR CHANGES IN THE DEVELOPMENT
STANDARDS (PLANNING COMMISSION PCA 697
AMENDMENT NO. 697).
Report from the Planning Department.
The City Manager stated his request is
to change the permitted land use
provisions of the Mariners Mile Specific
Plan and Local Coastal Program, and make
additional minor changes to the
development standards.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
90 -3 amending Chapter 20.62 of the
Newport Beach Municipal Code for the
Mariners Mile Specific Plan (SP -5).
Volume 44 - Page 59
�Nl
•
•
•
CITY OF NEWPORT BEACH
MINUTES
February 26, 1990
E. PUBLIC COMMENTS:
1. Fire Chief Jim Reed gave a summary on
the recent Oil Spill which occurred in
Huntington Beach on February 7, 1990,
and its impact on Newport Beach.
Chief Reed stated he will be preparing
some recommendations to the City's
Emergency Operations Plan, as well as an
Oil Spill response plan.
The City Council complimented the Chief
on his presentation and expressed
a "job well done" to him and the staff
with regard to the cleanup.
2. Frank Reynolds, 5405 Seashore Drive,
addressed the Council and also
complimented the Fire Chief and staff
members who helped with the recent Oil
Spill cleanup.
Mr. Reynolds stated that California is
the third largest consumer of gasoline
in the world and that the oil spills
that have occurred over the past few
years are as a result of imported oil
and oil tankers. He stated that
inasmuch as California has some of the
last large oil reserves in the world,
offshore drilling should be allowed, and
therefore, the State would not be forced
to use imported oil.
3.. Jim Landis, 327 Fullerton Avenue,
addressed the Council regarding
childhood drownings in Orange County.
He related an incident where his 18
month old son had fallen into their
swimming pool and was found unconscious.
He was revived by Newport Beach Police
Officer Bill Graham who was about a mile
from their home when he received the
emergency call. As a result of this
incident, he has formed a Children's
Pool Safety Association in the County
and distributed booklets to each Council
Member. He stated it is his desire to
develop a safety ordinance in terms of
backyard pools and spas for Council
consideration.
4. Mark Hughes, 1827 Galatea Terrace,
addressed the Council regarding the
Pelican Hill drainage problem relative
to the new Irvine Company golf course
being built above Corona Highlands and
Tentative Tract No. 14121. He stated he
submitted a letter on November 13, 1989,
concerning this item, and on December 4
he had a meeting with the County on
certain stipulations contained in the
Tentative
Volume 44 — Page 60
Spill
Spill
Children's
Pool Safety
ican H1
Co.
•
Motion
All Ayes
•
x
• ? 41TOM
MINUTES
February 26, 1990
Tract Map, which he cited. He is also
concerned with year -round water run -off
from these projects which could alter
the ground water level and existing soil
conditions, and submitted a copy of a
letter dated February 13, 1990 from
County of Orange Environmental
Management Agency, Subdivision Division,
regarding the Pelican Hill drainage
issue. In conclusion, he thanked the
City Council for the improvements in
Morning Canyon and removal of the
telephone poles.
5. Phillip Cutler, 3290 Turlock Drive, Oil Spill
Costa Mesa, addressed the Council
regarding the recent Oil Spill. He
stated that a number of people fish from
the piers, etc., and that sooner or
later the effects of what is in the
water as a result of the oil spill could
affect the ocean food chain.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on March 12, 1990:
(a) Proposed ORDINANCE NO. 90 -5, being, 'Ord 90 -5
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH ADDING SECTION 12.66.087
TO THE NEWPORT BEACH MUNICIPAL
CODE TO PROVIDE FOR
APPLICATION OF VEHICLE CODE TO
PRIVATE STREETS IN THE NEWPORT
NORTH VILLAS DEVELOPMENT
[ CORTE PORTOFINO, CORTE
HERMOSA, CORTE PORTAL, CORTE
MARIN, CORTE SAN RAFAEL, CORTE
LINDA, CORTE CALETAI. (Refer
to report w /agenda item F -14)
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2523 to F.A.V.
Engineering, Inc., for the total
bid price of $89,355 for PACIFIC
COAST HIGHWAY SIDEWALK ADJACENT TO
CAMEO HIGHLANDS; and authorize the
Mayor and City Clerk to execute
subject contract. (Report from the
Public Works Department)
Volume 44 - Page 61
(85)
PCH Sdwlk/
Cameo Hghlnd
C -2523
(38)
T 3 MR
COUNCIL MEMBERS
Gp a S9
ROLL CALL February 26, 1990
MINUTES
_1
Volume 44 - Iege oc
(b) Approve the VOLUNTEER EMERGENCY 0/C MWtrD/
PREPAREDNESS ORGANIZATION VEPO Agm
INDEMNIFICATION AGREEMENT (VEPO) C -2803
agreement; and authorize the Mayor (38)
•
to sign it on behalf of the City.
(w /Report from Utilities Director)
4. COMMUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
(b) To Executive Assistant for reply, COMCAST TV
complaint from W. A. Couch (42)
concerning COMCAST CABLE TV
customer service.
(c) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter to California
Governor George Deukmejian from
Richard Elinsky, Surrey, British
Columbia concerning FEBRUARY 7,
1990 "AMERICAN TRADER" OIL TANKER
SPILL.
(b) Rebecca Flanagan's letter (Program
Manager, U.S. Department of Housing
•
and Urban Development) stating that
the City of Newport Beach has made
acceptable performance in
accomplishing its ANNUAL HOUSING
ASSISTANCE PLAN GOALS FOR FISCAL
YEAR 1989.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Joshua Amsden, a minor, alleging Amsden
personal injuries as a result of
fall into fire pit at Corona del
Mar Beach near Tower No. 3 on
August 9, 1989.
(b) Penelope M. Beck alleging her Beck
vehicle towed in error from Pacific
Coast Highway and Newport Center
Drive on December 19, 1989; seeking
reimbursement of $58.00 towing
charge.
(c) John Grabinger for personal Grabinger
injuries as a result of fall from
bicycle on Irvine Avenue and 16th,
allegedly caused by oil slick
leaking from City -owned fire truck
on August 19, 1989.
Volume 44 - Iege oc
•
•
MINUTES
February 26, 1990
(d) Michael Patrick Guerin alleging
personal injuries as a result of
fall from bicycle due to condition
of roadway in Spyglass Hill area on
November 21, 1989.
(e) Brian Mathews alleging depressed
manhole cover on Pacific Coast
Highway on September 14, 1989
caused him to be thrown from his
bicycle, thereby causing personal
injuries.
(f) Poly Enterprises seeking indemnity
from claim filed by Brian Warfe
(Corona del Mar High School on July
15, 1986) for personal injuries.
(g) Nicolasa Reynosa alleging property
damage, etc., as a result of
traffic accident with City vehicle
at Santa Fe near Hunter Street
(City of Los Angeles) on August 14,
1989.
(h) Pamela Sarfati alleging personal
injuries as a result of trip and
fall on sidewalk in front of 3000
Newport Boulevard (German Auto
Repair) on November 4, 1989.
(i) Jeannine Trapp for damages,
alleging raised sidewalk caused
trip and fall at San Joaquin and
Avocado near Fashion Island on
November 3, 1989.
(j) Douglas Wilson alleging drain lines
clogged as a result of blockage in
City sewer lines on January 15,
1990 at 418 - 420 -422 Seaward Road;
seeking reimbursement of $150 for
Roto- Rooter Service.
(k) Robert N. Zalameda for damages,
alleging his eye glasses were run
over by City Lifeguard Jeep while
he was surfing in area of Newport
Pier on February 3, 1990.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Library Clerk I, Library
Department.
Volume 44 - Page 63
Poly Enter-
prises/
Sarfati
Zalameda
(66)
MINUTES
LL February 26, 1990
Npt Dunes
C -2394
(38)
PB &R
(62)
Bicentennial
Ad Hoc /CAC
(24)
Planning
(68)
1989 -90 St
Recnstr /Rsrf
Phase II
C -2794
(38)
Resub 902
(84)
(b) One Senior Equipment Mechanic,
General Services Department.
(c) One Police Officer, Patrol
Division.
(d) One Secretary, Public Works
Department.
(e) One Transfer Station Operator,
General Services Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a), Report from the City Attorney
recommending approval of a WATER
QUALITY STUDY FOR NEWPORT DUNES.
(b) Report from Parks, Beaches and
Recreation Director concerning
EMPLOYEE FITNESS CENTER.
(c) Memorandum from Chairman,
Bicentennial of the U.S.
Constitution Committee concerning
PERMANENT COMMEMORATIVE PROJECT.
For Council information and filing:
•
(d) Report from Planning Department to
the City Manager regarding PLANNING
COMMISSION ACTION ON FEBRUARY 8,
1990.
10. PUBLIC HEARING SCHEDULING:
None.
11. Removed from the Consent Calendar.
12. 1989 -90 STREET RECONSTRUCTION AND
RESURFACING PROGRAM PHASE II [CONTRACT
N0. 27941 - Approve plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 a.m., on March 15, 1990.
(Report from the Public Works
Department)
13. RESUBDIVISION NO. 902 - Accept the offer
of dedication of a 5 by 5 foot corner
cutoff at the intersection of the two
alleys located at 209 Dahlia Avenue,
between Seaview Avenue and Ocean
Boulevard, in Corona del Mar. (Report
from the Public Works Department)
Volume 44 - Page 64
Npt Dunes
C -2394
(38)
PB &R
(62)
Bicentennial
Ad Hoc /CAC
(24)
Planning
(68)
1989 -90 St
Recnstr /Rsrf
Phase II
C -2794
(38)
Resub 902
(84)
u
0
• c
MINUTES
February 26, 1990
14. TRACT NO. 12271 - Approve the
improvement plans and specifications and
accept the public improvements
constructed in conjunction with Tract
No. 12271, bounded by MacArthur
Boulevard, Bison Avenue, Camelback
Street, Jamboree Road and University
Drive [extended], commonly known as Area
5 of the North Ford Planned Community;
authorize the City Clerk to release the
Faithful Performance Bond (No. 709 -6952)
and Labor and Material Bond (No.
709 -6952) in six months provided no
claims have been filed; and introduce an
ordinance for enforcement of the
California Vehicle Code on the roads in
Tract No. 12271. (Report from the
Public Works Department)
15. SPECIAL EVENT PERMIT - Uphold staff's
recommendation to approve Application
No. 90 -021 for Duncan McIntosh Co.,
Inc., 17th Annual In- the -Water Boat Show
with temporary street closure of Via
Oporto from 11:00 to 6:00 p.m., April 3
- 9, 1990, at Lido Marina Village.
(Report from Business License
Supervisor)
16. Removed from the Consent Calendar.
17. HARBOR PERMIT APPLICATION NO. 124 -3400 -
Uphold staff's recommendation to approve
the application by Duncan McIntosh to
temporarily revise the commercial docks
bayward of 3400 Via Oporto, subject to
conditions of approval listed in the
staff report. (Report from Marine
Department)
18. BUDGET AMENDMENTS - For approval:
The following are MID -YEAR BUDGET
ADJUSTMENTS:
BA -046, $265,595 - Decrease in
Unappropriated Surplus; General Fund.
BA -047, $88,035 - Net Increase in
Unappropriated Surplus; Park and
Recreation - Facility Fees Fund.
BA -048, $29,390 - Increase in
Unappropriated Surplus; Library Fines
Fund.
BA -049, $445,000 - Increase in
Unappropriated Surplus; Federally
Adopted. Forfeitures Fund.
BA -050, $266,345 - Decrease in
Unappropriated Surplus; Parking Fines,
Forfeitures and Penalties Fund.
Volume 44 - Page 65
Tract 12271
Permit /Spcl
Event
Apli 90 -021
(65)
Harbor Perm
Apli 124-
3400
(51)
(25)
•
•
Motion
All Ayes
x
CITY OF NEWPORT BEACH
MINUTES
February 26, 1990
BA -051, $225,550 - Decrease in
Unappropriated Surplus; Parking Meters
Fund.
BA -052, $43,385 - Net Increase in
Unappropriated Surplus; Tide and
Submerged Lands - Royalty, Petroleum Fund.
BA -053, $1,977,875 - Increase in Budget
Appropriations and Revenue Estimates;
Contributions Fund.
BA -054, $325,625 - Decrease in
Unappropriated Surplus; Water Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Tidelands Affairs Committee JHarbor Perm
recommending HARBOR PERMIT APPLICATION Apli 105 -
NO. 105 -2209 be denied for reasons given 2209
in the staff report for Lynn Burnett to (51)
build a bulkhead bayward of 2209 Bayside
Drive.
The City Clerk advised that after the
agenda was printed, a letter was
received from applicant C. L. Burnett,
requesting action on this item be
deferred to March 12, 1990 to give him
an opportunity to review the subject
application in light of the new
Tidelands Affairs Committee policy
regarding bulkheads in the Carnation
Cove area.
Motion was made to defer action on this
item to March 12, 1990 as requested.
2. Report from the Planning Department
regarding PROPOSED GENERAL PLAN
AMENDMENT NO. 90 -1, request to initiate
amendments to the Land Use and
Recreation and Open Space Elements of
the General Plan and the Local Coastal
Program, Land Use Plan for the following.
items:
A. Domingo Drive Multi - Family
Residential Density Change - A
request of William F. Webster
to amend the Land Use Element
for the Multi- Family
Residential area on Domingo
Drive from a density standard
of 3,101 square feet per
dwelling unit to 2,178 square
feet per dwelling unit.
Volume 44 - Page 66
GPA 90 -1
(45)
COUNCIL
av IN
•
MEMBERS
CITY OF NEWPORT BEACH
MINUTES
February 26, 1990
B. City -owned property at 4210
River Avenue - A request of
Jack and Mischa Alward to
amend the Land Use and
Recreation and Open Space
Elements of the General Plan
and the LCP Land Use Plan to
change the designation on the
property at 4210 River Avenue
from Two- Family Residential to
Recreational and Environmental
Open Space.
C. Designation of area adjacent
to Avon Street as a Wetland
A request of Jan D.
Vandersloot, M.D., to amend
the General Plan Land Use and
Recreation and Open Space
Elements and the LCP Land Use
Plan to designate the area
adjacent to Avon Street as an
environmentally sensitive
habitat area limited to open
space use.
D. Designation of area at
MacArthur Boulevard and
Jamboree Road as a Wetland - A.
request of Jan D. Vandersloot,
M.D., to amend the General
Plan Land Use and Recreation
and Open Space Elements and
the LCP Land Use Plan to
designate the area at
MacArthur Boulevard and
Jamboree Road as an
environmentally sensitive
habitat area limited to open
space use.
E. Designation of area at West
Coast Highway and Superior
Avenue as a Wetland - A
request of Jan D. Vandersloot,
M.D., to amend the General
Plan Land Use and Recreation
and Open Space Elements and
the LCP Land Use Plan to
designate the area at West
Coast Highway and Superior
Avenue as an environmentally
sensitive habitat area
limited to open space use.
Volume 44 - Page 67
GPA 90 -1
MEMBERS
L
•
x
M
MINUTES
February 26, 1990
F. Designation of area adjacent
to Bonita Creek as a Wetland -
A request of Jan D.
Vandersloot, M.D., to amend
the General Plan Land Use and
Recreation and Open Space
Elements and the LCP Land Use
Plan to designate the area
adjacent to Bonita Creek as an
environmentally sensitive
habitat area limited to open
space use.
G. Pacific Telephone Site - A
request of The Irvine Company
to change the Land Use Element
of the General Plan
designation for the Pacific
Telephone site (Camelback
Street and Bison Avenue) from
Retail and Service Commercial
to allow an alternate use of
Administrative, Professional
and Financial Commercial.
H. Five Crowns Restaurant - A
request of Five Crowns
Restaurant to amend the
General Plan Land Use Element
and the LCP Land Use Plan for
an adjacent parcel from
Single - Family Detached to
Retail and Service Commercial.
I. Air Quality Element - A
proposal by staff to prepare a
General Plan Air Quality
Element as required by the Air
Quality Management Plan (AQMP)
prepared by the South Coast
Air Quality Management
District and recently approved
by the State Air Resources
Board (ARB).
Council Member Strauss noted that Items
B, D, E and F were not recommended for
initiation by the Planning Commission,
and indicated he felt all requests
should be reviewed and heard prior to
rejection or approval. Also, regarding
Item B, he suggested consideration be
given to designating this site as
"Picnic" park for use as such with
tables, benches, etc.
In view of the foregoing, motion was
made to include Item B in the initiation
of General Plan Amendment No. 90 -1.
Volume 44 - Page 68
GPA 90 -1
J1
� J
All Ayes
Motion
•
•
x
11, 11
It - i
MINUTES
February 26, 1990
Council Member Turner pointed out that
pursuant to a report from the Parks,
Beaches and Recreation Commission, this
site is not needed as a park, and
therefore, suggested Council Member
Strauss amend his motion to direct the
staff to explore all potential uses for
this property prior to initiation of a
general plan amendment, to which Council
Member Strauss agreed.
Mayor Pro Tem Sansone suggested the
motion be amended further to direct the
staff to also study the feasibility of
using this site for affordable housing,
to which Council Member Strauss agreed.
The motion, as amended above, was voted
on and carried.
Motion was made to uphold the
recommendation of the Planning
Commission and approve initiation of
Amendments A, C, G and I (excluding Item
H); and direct staff to proceed with the
preparation of any necessary
Environmental Documents; and set for
public hearing before the Planning
Commission.
With regard to Items D, E and F, Council
Member Watt indicated she felt these
sites should be introduced and should
have been evaluated more carefully prior
to the recent general plan amendment
approved in October, 1988. She stated
she would like to know the extent of the
Wetlands; what they represent; and
therefore, suggested these items be
included in the proposed general plan
amendment.
Council Member Cox explained his reasons
for disagreeing with the comments of
Council Member Watt, and stated he will
not support the initiation of items C,
D, E and F, as requested by Dr. Jan D.
Vandersloot. With regard to Item I,
(Air Quality Element) he stated that it
was the intention of the Air Quality
Management District (AQMD) to implement
the proposed plan by January 1991;
however, it will probably not be
required until January 1992.
The City Manager stated that Item I is
not proposed to be funded until fiscal
year 1990 -91, and if it is the desire of
the Council, this item can be held over
to put with those General Plan
Amendments to be considered in four
months.
Volume 44 - Page 69
CPA 90 -1
•
CITY OF NEWPORT BEACH
MINUTES
February 26, 1990
Tracy Riddle, owner of lot on Avon GPA 90 -1
Street, addressed the Council and
requested they not initiate the general
plan amendment regarding the "Wetlands"
on Avon Street unless the following
issues have been addressed:
"1) What provisions and monies
have been set aside for the
upkeep of the 'Wetlands ?'
"2) My property borders and a
portion of my property extends
into the water. What sort of
buffer zones will be required?
If so, this potentially could
preclude the development of my
property. Is the City
prepared to compensate me
fairly for any loss of
property value?
113) Because of liability reasons,
I will need to refuse anyone
access to the 'Wetlands' using
any portion of my property.
Is the City ready for the
enforcement of keeping people
off my property using the
Police Department, etc.?
"4) Could the City consider the
land in front of my property
as not part of the 'Wetlands'
and the property in front of
the park as 'Wetlands ? "'
Mr. Riddle stated he intends to develop
his parcel and displayed a drawing
depicting the topography of the site.
Dr. Jan D. Vandersloot, 2221 16th
Street, addressed the Council and stated
one of the reasons he requested
initiation of General Plan Amendments
C, D, E and F, was to determine whether
or not the subject areas are Wetlands,
and if so, they should be designated in
the General Plan as Recreational and
Environmental Open Space. He also
stated that all of the areas referred to
in his requests are under eminent threat
for development, and this is the reason
he is desirous of protecting zoning for
those sites.
Richard Demmer, 2812 Cliff Drive,
addressed the Council in support of Dr.
Vandersloot's request regarding the
Wetland area adjacent to Avon Street.
He also does not want to see any
deprivation of the Riddle property as he
felt that both requests can be
accommodated.
Volume 44 - Page 70
COUNCIL MEMBERS
ROLL CALL
•
All Ayes
A0
Noes
Ayes
Noes
Ayes
Noes
Ayes
Noes
All Ayes
All Ayes
*on
Ayes
Noes
0 1471 17OT:i
February 26, 1990
x area adjacent to
Wetland.
x x x x Denied Item D- I
x x at MacArthur Bou]
Road as a Wetlanc
x x x x Denied Item E- I
x x at West Coast Hil
Avenue as a Wetl:
x x x x Denied Item F- 1
x x adjacent to Bonil
Wetland.
Approved Item G
Site
Item H - (See set
below)
Approved Item I
Element.
x With regard to Item H
x x x x x Restaurant, Mayor Pro
x commented that inasmu
would encroach into r,
development, he did n
receive approval at a
rather than going thr
Volume 44 - Page
MINUTES
iff Drive, student
School, addressed
that the Avon
ated as an
ive area limited
e stated that a
een submitted to
a with signatures
nts, teachers and
ing this request.
ft Court,
in favor of
land areas (Items
ral Plan Amendment
sites could be
xact location,
e importance of
ing to comment,
ouncil Member
ws:
Domingo Drive
dential Density
Minute Page 68
on.
Designation of
Avon Street a
esignation of area
evard and Jamboree
esignation of area
hway and Superior
nd.
resignation of area
a Creek as a
Pacific Telephone
arate action
Air Quality
- Five Crowns
Tem Sansone
:h as this proposal
:sidential
)t feel it would
later date and
>ugh the
71
GPA 90 -1
Alison Lenton, 2940 Cl
at Newport Harbor High
the Council and urged
Street creek be design
environmentally sensit
to open space use. Sb
petition has already b
the Planning Commissic
of more than 220 stude
area neighbors support
Louise Greeley, 16 Swl
addressed the Council
including all four Wet
C, D, E and F) in Gene
No. 90 -1 so that these
reviewed as to size, e
etc., and discussed tt
Wetlands preservation.
Hearing no others wisl
the Council voted on C
Hart's motion as follc
Approved Item A -
Multi- Family Real
Change.
Item B - Refer tc
for separate acts
x x
x x
x x
x x
x A
Approved Item C -
MINUTES
iff Drive, student
School, addressed
that the Avon
ated as an
ive area limited
e stated that a
een submitted to
a with signatures
nts, teachers and
ing this request.
ft Court,
in favor of
land areas (Items
ral Plan Amendment
sites could be
xact location,
e importance of
ing to comment,
ouncil Member
ws:
Domingo Drive
dential Density
Minute Page 68
on.
Designation of
Avon Street a
esignation of area
evard and Jamboree
esignation of area
hway and Superior
nd.
resignation of area
a Creek as a
Pacific Telephone
arate action
Air Quality
- Five Crowns
Tem Sansone
:h as this proposal
:sidential
)t feel it would
later date and
>ugh the
71
GPA 90 -1
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G 's'
February 26, 1990
ant. ► ce► ►
MINUTES
rml N
preliminaries of a General Plan GPA 90 -1
Amendment, he moved to deny the subject
request.
•
3. Report from the Public Works Department Corona High
regarding proposed resolution for lands /Asm
ASSESSMENT DISTRICT NO. 57 - CORONA Dist 57
HIGHLANDS UNDERGROUND SERVICE. (89)
Mayor Pro Tem. Sansone advised that on
February 2, 1990, a notice was sent by
the Public Works Department to all
owners of property requesting them to
prepare to receive underground service
at the earliest possible opportunity;
overhead facilities cannot be removed
until all customers have been converted
to underground service or disconnected;
and establishment of the April 1
deadline will help to ensure that
conversion on private property proceeds
in a timely manner, and will provide a
deadline for the use of all parties
reference.
Mayor Pro Term Sansone stated he removed
this from the Consent Calendar to
emphasize the importance of the April 1
deadline, and requested the news media
make it known that affected property
•
owners will be without electricity if
they have not completed their conversion
by that date:.
Motion
x
Motion was made to adopt Resolution No. Res 90 -20
All Ayes
90 -20 requiring owners of property in
CORONA HIGHLANDS [ASSESSMENT DISTRICT
NO. 571 to be prepared to receive
UNDERGROUND SERVICE FROM PUBLIC
UTILITIES by April 1, 1990; and ordering
public utilities to discontinue service
to any property whose owner has not
complied.
4. Letter from Mort Stein asking for Malathion
support in protesting the ESCALATING Spraying
MALATHION SPRAYING ISSUE. (52)
Mort Stein, 1728 Bedford Lane, addressed
the Council in an appeal to help resolve
the Malathion Spraying issue. He stated
that many Orange County Cities have
formed citizen protest groups; 60% of
the County's residents are against
Malathion spraying; thousands of people
have become sick as a result of the
spraying, and requested his committee be
permitted to present scientific
documentation on this subject at a
future study session.
The following members of the Orange
County Residents Against Malathion
Spraying also addressed the Council:
Volume 44 - Paae*72
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G 'f'
�� \A February 26, 1990
ROLL CALL
` 717
Bob Taylor, 2011 W. Katella Avenue, Malathion
Anaheim Spraying
Lenore Pittman, 11771 West Street,
Garden Grove
Phillip Cutler, 3290 Turlock Drive,
•
Costa Mesa
Council Member Watt stated inasmuch as
the City may be required to be sprayed
in the near future, it might be well to
have more information on Malathion, and
suggested this item be brought back to
the March 12 study session.
Motion
x
Motion was made to join with the other
Orange County Cities in opposing the
Malathion Spraying.
Council Member Turner stated he felt
more data was needed prior to opposing
the spraying, and that he concurred in
Council Member Watt's suggestion to
bring this matter back to a study
session.
Ayes
x
x
Discussion further ensued, wherein Mayor
Noes
x
x
x
x
Pro Tem. Sansone and Council Members
Turner and Strauss agreed that more data
was needed before a declaration of
support against the spraying was
•
formally adopted by the City; and,
therefore, foregoing motion by Council
Member Hart was voted on, and FAILED.
Motion
x
Council Member Watt stated that she will
All Ayes
make a motion to direct the staff to
report back on this issue at the
March 12, 1990 study session.
5. Letter from Mr, and Mrs. Jack Alward 4210 River
requesting that 4210 River Avenue be PA 90 -1
considered for zoning to open space (45)
recreational from R -2.
Motion
x
Motion was made to refer subject request
All Ayes
to Planning Department for inclusion in
the records.
6. Proposed resolution with report from Personnel/
Assistant City Attorney concerning Cnflct Int
CONFLICT OF INTEREST CODE. (66)
Motion
x
Motion was made to approve Resolution Res 90 -21
All Ayes
No. 90 -21 adopting a CONFLICT OF
INTEREST CODE pursuant to the POLITICAL
REFORM ACT OF 1974, with the deletion of
Sergeant, Operational Services
Supervisor (as recommended by the City
Attorney), and rescinding Resolution
Nos. 9005 and 9724.
Volume 44 - Page 73
Motion
All Ayes
•
•
x
CITY OF NEWPORT BEACH
MINUTES
February 26, 1990
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report from City Attorney regarding
ENCROACHMENT PERMIT NO. 89 -79 [3317
OCEAN BOULEVARD].
Recycled report from Public Works
Department, dated February 12, 1990.
The City Clerk advised that after the
agenda was printed, a letter was
received from Brion S. Jeannette,
Architect for the applicant, requesting
this item be continued to March 12,
1990.
In view of the foregoing request, motion
was made to defer action on this item to
March 12, 1990.
J. CURRENT BUSINESS:
None.
Meeting adjourned at 9:50 p.m.
The agenda for this meeting was
posted on February 22, 1990, at
8:15 a.m., on the City Hall
Bulletin Board located outside of
the City of Newport Beach
Administration Building.
• IVA V MM
ATTEST:
Volume 44 — Page 74
Permit/
Encroachm
(65)