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Home My WebLink About11/26/1990 - Regular MeetingE E h F 6 l CITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING PLACE: Council R(11 1 f47\ Chambers g� \\ DATE November 26, 1990 k 'Ilk YI.II',M resent x x x x x x A. ROLL CALL. .bsent x otion x B. Reading of Minutes of Meeting of y x x x x x November 13, 1990, was waived, approved b ned x as written, and ordered filed. bs t x lotion x C. Reading of all ordinances and 11 Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing CDBG/ regarding COMMUNITY DEVELOPMENT BLOCK Site Plan GRANT (CDEG) FUNDS, a request by Review 60 LAWRENCE N. CAMPEAU AND JAMES G. WHITE, (87) JR., to consider the granting of $50,000 in CDBG funds, $2,500 of 1989 -90 unused Social Service Funding; $38,901 of 1989- 90 funds previously allocated to New Housing Construction; $1,000 of 1990 -91 funds previously allocated to New Housing Construction; and $7,599 of 1990 -91 funds previously allocated to Administration; to assist with the development of a 14 unit apartment for low income persons and families and a finding of no significant effect on the environment; AND SITE PLAN REVIEW NO. 60, a request to approve a site plan review for the purpose of permitting a residential density bonus of 6 units within an affordable housing development containing a total of 14 units on property located in the MFR (2178) District. In accordance with Section 65915 of the California Government Code, the applicant is also requesting an adjustment to the off - street parking requirement and the minimum dwelling unit size as incentives for the development of affordable housing. The proposal also includes a modification to the Zoning code so as to allow the construction of open carports on the front one -half of the lot, where the Zoning Code restricts open carports to • the rear one -half of the site; and the acceptance of an environmental document. Property located at 1530 PLACENTIA AVENUE, on the easterly side of Placentia Avenue, between 15th Street and Production Place, in Northwest Newport. Council Member Cox entered the meeting at this time, and took his seat at the Council table. Volume 44 - Page 395 ROLL CRLL X CITY OF NEWPORT BEACH November 26, 1990 MINUTES 'Volume 44 - Page 396 CDBG/ Site Plan Review 60 Report from the Planning Department. The City Manager, upon direction by the City Council, summarized the project • stating that it has been endorsed by the Planning Commission and is a straight- forward, low /moderate income housing development, but it is a little different, inasmuch as four low -cost housing units are being transferred from the 28th Street - Marina Project approved by the Council earlier this year. He further advised that: Basically it is eight units with six bonus units; four of these units would be "single room occupancy (SRO) style units," which is the first such project before the City Council, and as a result, the applicants have requested a waiver of the onsite parking from 35 to 29. Also, tonight's proposed application concerns the fact that the SRO units are only 434 sq. ft.; whereas the Zoning Code requires a minimum 600 sq. ft., and the application becomes a little bit more complicated when you add the transfer of four low - Cost housing units for the 28th Street Marina Project required as a condition of approval for that project. Initial- • ly, it was intended to provide these four low -cost housing units on a Newport Boulevard Traffic Island, in the Cannery Village/ McFadden Square area, but the noise, and economic studies indicated that this would not be feasible, and through negotiations with developers of tonight's proposed project, Lawrence M. Campeau and James G. White, Jr., they will pay $120,000 to transfer these four units. A condition of the 28th Street Marina Project construction of residential development on the Island was that the applicant pay $27,000 in park in -lieu fees because a subdivision was required. As discussed in the Planning Commission staff report, it was anticipated that the developers of tonight's proposed project would apply for $30,000 of the 1991 -92 CDBD Funds to accumulate the $200,000 of requested assistance. Since the four off -site affordable units for the 28th Street Marina project are to be located in this development, the Planning Commission, at its meeting of November 8, 1990, amended the requirement for the payment of park dedication fees at the off -site location. The amendment changed the condition to say as long as residential 'Volume 44 - Page 396 CDBG/ Site Plan Review 60 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL \ \� November 26, 1990 INDEX Volume 44 - Page 397 units are not constructed, park dedication CDBG/ fees need not be paid. The applicant for Site Plan the 28th Street Marina development has Review 60 agreed to pay the "saved" park fees to Mesa • Development, thereby eliminating the need for the 1991 -92 CDBG application for $30,000, which also eliminates the current $30,000 shortfall of CDBG Funds. Through the CDGB Funds that are unused at the present time, and cannot be used by organizations that do not qualify for the use of these funds, the City can write -down the cost of the land to make the project feasible for low -cost housing for 30 years. The SRO units will rent for $350 per month, and is consistent and supportive of the City's Housing Element of the General Plan. Craig Bluell, Principal Planner, addressed the Council in response to questions raised concerning the $27,000 in -lieu fees, stating that the requirement to pay the park fees goes with the Traffic Island site and the resubdivision that was filed with that site. He added that there was no requirement for park fees because there was no subdivision /re subdivision required for the Placentia property, and the total "package price" the 28th Street Marina • developer was willing to pay was $150,000; $120,000 being the transfer payment and the other funds would possibly be in -lieu park fees that might be associated with the Placentia site. When those fees were not required because the units were transferred, and there was no need for a subdivision on Placentia, the 28th Street Marina developer also agreed to pay the "saved" park fees to the developers of tonight's proposed project. Upon inquiry from the City Council, it was determined that Condition 6 of the proposed resolution (Attachment 2 of the staff report) approving Site Plan Review No. 60, be amended to read that the reciprocal easement for ingress, egress and parking purposes be subject to the approval of the City Attorney and Planning Director before recordation. In response to Council inquiry, Craig Bluell advised that the 4- single room occupancy style units will be monitored under the CDBG Program, and the regular apartments will also be monitored under the CDBG Funds. He added that the City Volume 44 - Page 397 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CFIL \ November 26, 1990 INnFX Volume 44 - Page 398 is looking forward to building similar CDBG/ units. Under the strictest definition of Site Plan SRO, the unit must be below 220 sq. ft. In Review 60 the proposed development the units • technically are not SRO units, as they will be 450 gross sq. ft., renting for a similar price which is being paid for a unit approximately 120 -150 sq. ft. The proposed project is satisfying the requirement of the Housing Element, and under State law we are providing low- income housing, and there is no reason that the units be small. In response to Council inquiry, the City Attorney advised that there are Federal statutes that prevent imposing conditions such as a residential preference, or an employment preference on projects that are funded or regulated by CDBG Funds, but that this has not been challenged in the courts. At the suggestion of Council Member Hart, the following language is to be added to the list of Conditions in the subject resolution for adoption, "to the extent permitted by State and Federal law, preference shall be given to the City of Newport Beach employees with respect to the • lease or :rental of the units.,, The Planning Director advised that there are two additional conditions being proposed for this project regulating the small 500 - gallon underground storage tank on the sate, and the elimination of any asbestos or hazardous materials. The applicants have read the conditions and are in agreement. Lawrence M. Campeau, Mesa Development, addressed the Council upon invitation by Mayor Sansone, commented that they had originally requested $80,000 in funds from the City. With regard to the in -lieu park fees, and when it became known to Mr. Newcomb that he would not have to pay those park fees,, he offered to give the park flea to Mesa Development, so Mesa Development reduced their request by $30,000, and in effect, the City is really getting the park fees. With regard to management, State law requires that there is an on -site manager • when you have 14 or more units, and the units will be managed by a person who is employed by one of the Orange County housing agencies, who also happens to live in the apartments next door to the proposed units. Volume 44 - Page 398 CITY OF NEWPORT BEACH COUNCIL MEMBERS \\\�� \\ November 26, 1990 L\L\01 M AWy e s • x After it was determined that no one else wished to address this issue, the public hearing was closed. Motion was made to: (a) Adopt Resolution No. 90 -120, approving a grant of $50,000 of CDBG funds, $41,401 from fiscal year 1989 -90 funds and $8,599 from fiscal year 1990- 91 funds, to assist with the development of a 14 unit apartment at 1530 Placentia Avenue, for low income persons and families and accepting a Finding of No Significant Impact; (b) Adopt Resolution No. 90 -121, approving Site Plan Review No. 60 granting a density bonus and other incentives in accordance with Section 65915 of the California Government Code, and accepting the Environmental Document; and that Condition No. 6, page 2 of the subject resolution be amended to include that the reciprocal easement for ingress, egress and parking purposes, include language "that the form of which is to be approved by the City Attorney and Planning Director;" and that two Conditions be added concerning: (1) that the City monitor the removal of the underground storage tank, and (2) the elimination of any asbestos or hazardous materials; and an additional Condition that "To the extent permitted by State and Federal law, preference shall be given to City of Newport Beach employees, with respect to the lease of the rental units." Volume 44 - Page 399 INDEX IRes 90 -120 IRes 90 -121 COUNCIL MEMBERS 11OXXI CITY OF NEWPORT BEACH I' November 26, 1990 E. PUBLIC COMME14TS: Council Member Sansone addressed the Council • and those in the audience, stating that as the new Mayor, he! would offer a "State of the City Message - -that: the City is on a 'pay -as- you -go basis,' i.e., if you don't have the money, you don't spend it." He added that the City maintains reserves, and although they look good, this may not be the case. The City sets aside reserves from the General Revenues to pay for projects which will take place down the road: o The Oasis Modernization, which requires approximately $700,000, will have taken three years to accumulate those funds; 0 The new City Library will take approximately $7 Million; o The City has, for several years, been looking for an alternative to depending upon the Metropolitan Water District for water, and is investigating drilling wells in an adjoining city and funding a transmission system to get the water to • the west part of the City into the main - district -- estimated to be $5 $7 Million. The City has been faced with the quality of the water obtained from the San Joaquin Hills Reservoir and has had to increase the amount of chlorine into the City's reservoir at Big Canyon. The Metropolitan Water District is going to take control over that reservoir and is going to do one of two things, either to cover it or build an adjacent filtering plant, and that is something they are processing an EIR on. If there is an open reservoir and additional filtering or covering of another reservoir, the City will have to do something to our Big Canyon Reservoir and we are gathering reserves for this also; o There is a problem which we have alluded to in the last two to three months, and that is that there has been a start of shift of financial responsibility from the County to the City. We are now • being gold by the County that the City will be charged fees, which are not budgeted items, and these fees could run into a considerable amount of money, i.e., Jail Booking Fees when delivering prisoners to the County ($75 rising to $175); also, the City is being charged for the collection of taxes - -our City gets 208 of the taxes, and the County Volume 44 - Page 400 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CflL \ \� \��\ \.November 26, 19100 INDEX Volume 44 - Page 401 gets 18.78, and they have not been able to explain what they do with that tax money. Despite the responsibility being taken away from the County by new • cities, the County has increased their personnel and at the present time are having financial problems. o The goals for the future: 1. The City has to take vigorous action to oppose any more County fees; 2. Work on the impact of airport expansion and the need for an improved method that insures the City approves the departure route of the John Wayne Airport, especially Sea Island and Irvine Terrace which are now being impacted by overflights because the aircraft does not have a precise turning point in the vicinity of University Avenue and the YMCA. The City is going to have to • continue to support the search for aan alternative airport, and need to support anything that will take passengers out of John Wayne Airport and put them somewhere else. Also, take careful notice of what is going on in Washington regarding National Noise Standards for aircraft. Mayor Sansone congratulated the City Attorney and Council Member Turner in taking the lead for the City in opposing the Senate Appropriations Bill, which would have passed a National Noise Standard, which was less than we now have in the John Wayne Airport Settlement Agreement. - o The need to improve cruising control on the Peninsula - -the City is using too many police officers at a given area, and there has to • be.a better way of controlling cruising there, and starting at "A" Street up to the Peninsula Point. We have to also consider the restaurants and businesses in Old Balboa that are being impacted by the cruising control points on summer nights. Volume 44 - Page 401 [ 1Ak11"( =YI7YI:2 -P CITY OF NEWPORT BEACH g� \\ November 26, 1990 MINUTES o A good number of residents don't realize that we receive negligible funds from the State for all the • services the City provides to the beach in the Harbor. We obtain funds from all Tidelands Projects, but these funds are insufficient to pay for these services. As a result, the City has had to tap the General Fund, using taxes from the citizens of Newport Beach to pay for the services we provide for the million or so visitors each year, and the additional money derived from the sales tax makes up the deficiency from our Tidelands Funds. The Back Bay is now a Federal Reserve, but the State has not provided any money to support the reserve. We need to take action through our State Legislature to get funding for the Back Bay, as the 4 quality will continue to deteriorate unless we can come up with sufficient funds to keep it clean, as well as the Tidelands surrounding it. As regards the Harbor, there is the problem with nonresident boat owners who dump their trash into the Harbor, and we should take a look at the live:aboard regulations. We are short of pumpout stations, which is reflected by the pollution in the Bay. o we need to improve public relations within the City by way of better communications regarding public noticing, and we have an agreement with.COMCAST, wherein they will start listing notices of public hearings on television. Standard typewritten public notices are not sufficient for proper viewing on public property. Also, the public needs to know more about when and where the City will be doing construction work. o There is also a movement in the State that we have to watch very closely - -a • State Plan for Reasonable Government proposed by Assemblyman Willie Brown, which is opposed by the League of California Cities, but supported Volume 44 - Page 402 INDEX COUNCIL MEMBERS ROLL C L� Motion All Ayes is X CITY OF NEWPORT BEACH MINUTES November 26, 1990 by the Southern California Association of Governments (SCAG). The City's participation in both of these organizations has to be a little more aggressive than that in the past. o The Air Quality Management District (AQMD) is developing a plan that is going to impact everyone of us regarding our quality of life, and the City has a duty to get out this information in a timely fashion. o The County will have to get going on the Santa Ana Heights annexation. Also, the City should look into an agreement with The Irvine Company for earlier annexation of the Downcoast. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on December 10, 1990: (a) Proposed ORDINANCE NO. 90 -43, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20, SECTION 20.02 OF THE, NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH A POLICY WITH REGARD TO THE HEIGHT LIMITS IN THOSE AREAS OF THE CITY THAT ARE IN POTENTIAL DANGER OF FLOOD HAZARD. (Planning Commission Amendment No. 717) (Report from the Planning Department]. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 90 -122 adopting the 1990 update of the CITY'S URBAN WATER MANAGEMENT PLAN. (Report from the Utilities Department) (b) Removed from the Consent Calendar. (Refer to agenda item G -3 for action) Volume 44 - Page 403 INDEX Ord 90 -43 Zoning (94) PCA 717 Utilities Res 90 -122 (89) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �;x �� j� ` g� s November 26, 1990 INDEX ROLL CHLL 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to Npt B1 Wdng/ • execute Amendment No. 1 to Agreement for 32nd St NEWPORT BOULEVARD WIDENING 32ND STREET C- 2642(A/C) TO COAST HIGHWAY (CONTRACT NO. 2642[A]) (38) with the State for funding of project design and right -of -way acquisition; authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement (CONTRACT NO. 26421C]) with State for funding and administration of project construction; award CONTRACT NO. 2642 to - Brutoco Engineering and Construction, Inc. for $3,940,590.00, and authorize the Mayor and City Clerk to execute the contract subject to CalTrans' execution of Amendment No. 1 to Agreement (CONTRACT NO. 2642[C]); and approve Budget Amendments. (Report from the Public Works Department) (b) Approve and authorize the Mayor and City 0/C Env Mgm Clerk to execute an agreement with Agcy /Relo- Orange County Environmental Management Cate Swr Mn Agency (OCEMA) for cooperatively joining Hamilton - in a project to RELOCATE A CITY SEWER Victoria MAIN IN THE HAMILTON- VICTORIA BRIDGE. Brdg • (Report: from the Utilities Department) C -2841 (38) (c) Approve: and authorize the Mayor and City O/C Wtr Dsr Clerk to execute an agreement with the "Green" Orange County Water District for Acres implementation of the "GREEN ACRES" C -2842 RECLAI14ED WASTEWATER IRRIGATION PROJECT. (38) (Report from the Utilities Department) (d) Authorize the Mayor and City Clerk to C /Mesa & execute a Cooperative Financing 0 /C /Instltn Agreement with the City of Costa Mesa Sgnl Incrc_^ and the County of Orange for Irv/Wstclf INSTALLATION OF TRAFFIC SIGNAL 17th /Orchrd INTERCONNECT FACILITIES ON IRVINE AVENUE C -2815 BETWEEN WESTCLIFF DRIVE /17TH STREET AND (38) ORCHARD DRIVE [CONTRACT NO. 2815]. (Report from Public Works- Traffic Engineering) 4. 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Affairs Committee for TAG response, letters from Carl Fulco, and (85) Robin and Linda Boyd in favor of closing BACK BAY ROAD at night. Volume 44 - Page 404 COUNCIL MEMBERS ROLL CRL�LO\ \�� C C7 CITY OF NEWPORT BEACH MINUTES November 26, 1991) Note: Two additional letters were received after the agenda was printed in support of closing Back Bay Drive from T. L. Gordon Freeman, and Mark A. Thon. 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) August Beucke alleges vehicle towed as a result of parking in Palm Street Beach parking lot on November 4, 1990 until November 6, 1990 (2 -day visit to Catalina); claiming no visible signs indicating repavement work being done on November. 6,; and seeking reimbursement of towing fee and cab fare to Police Station.. (b) City of Fullerton seeking indemnity from claims filed by Shirkey, Nichols, Griswold, Savala, for wrongful death. (c) Paul Hoof for personal injuries, medical expenses, loss of earnings, and /or earning opportunity and pain and suffering as a result of fall while riding his bicycle on break of concrete walk (possibly due to Heritage Construction work) on boardwalk at 29th Street on May 22, 1990; alleging no signs or other warning markers, and insufficient lighting in the area. (d) Jack Paschall, Jr., alleging his vehicle struck by Fire Department truck extension ladder on Bayside Drive on May 16, 1990. (36) INDEX Fuller - hirkey/ is /Grin (e) Bruce Hamilton Searby alleging he waslSearby assaulted and battered by members of Police Department; falsely arrested, etc. on July 4, 1990. (f) Helen H. Snider alleging large branch Snider rotted from tree split and fell onto street mailbox, causing damage to property at 605 Iris Avenue on October 29, 1990. (g) Thomas A. Wright alleging his vehicle JWright towed in error from Balboa Municipal parking lot on November 4, 1990 when parking lot paved; no appropriate signed posted. Volume 44 - Page 405 ,Jr. COUNCIL MEMBERS ROLL CFLLO\ \�� :7 CITY OF NEWPORT BEACH November 26, 1990 7. 8. 9 10 MINUTES SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral. to the claims adjuster: None. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Police Officer, Police Department. (b) One Refuse Worker I, General Services Department. (c) One Library Clerk, Library Department. STAFF AND COMMISSION REPORTS - For Council information and approval: (a). Report from Library Board of Trustees requesting approval of the schematic plan for the CENTRAL LIBRARY as submitted. (b) Removed from the Consent Calendar. (Refer to agenda item G -2 for action) INDEX (66) L1Drary (50) (c) Report from Public Works- Traffic (Traffic Engineering concerning Regulation XV (85) RIDESHARING INCENTIVES. For Council information and filing: (d) Report from the Planning Department to 1(68) plan the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON NOVEMBER 8, 1990. PUBLIC HEARING SCHEDULING - December 10, 1990: (a) Removed from the Consent Calendar. (Refer to agenda item G -1 for action) 11. ACCEPTANCE OF CONSTRUCTION OF Corp Yard CORPORATION YARD BUILDINGS "C" AND "L" Bldgs C/L (CONTRACT NO. 2762) - Accept the work; C -2762 and authorize the City Clerk to file a (38) Notice of Completion and to 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 Department) Volume 44 - Page 406 COUNCIL MEMBERS ROLL CFLLL`O\ \� \��\ • • • CITY OF NEWPORT BEACH MINUTES November 26, 1990 12. USE PERMIT NO. 3279 (Newport Lido Medical Center, Newport Beach) - Portion of Lot 169, Block 2, Irvine's Subdivision, located at 351 Hospital Road, on the northeasterly corner of Hospital Road and Placentia Avenue, across from Hoag Memorial Hospital); request to approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Use Permit No. 3279; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9714655); and authorize the City Clerk to release the Labor and Materials Bond (Bond No. 9714655) in six months provided no claims have been filed. (Report from the Public Works Department) 13. WEST NEWPORT BEACH /TALBERT CHANNEL OUTLET 23AND DEPOSITION PLAN - Authorize the Mayor to execute a Right -of -Entry Permit for the County of Orange and their Contractor, Silberberger Engineers, Inc. to place sand in the West Newport Beach Groin Field. (Report from the - Public Works Department) 14. USE PERMIT NO. 991 (Amended) - Record of Survey 63 -46 (Resubdivision No. 173), located at 2046 Mar Vista Drive, on the southwesterly corner of Mar Vista Drive and Domingo Drive, across from the Corona Biel Mar High School for Our Lady Queen of Angels Church, Newport Beach; approve a . Use Permit Agreement guaranteeing completion of the public improvements required with Use Permit No. 991. (Amended); and authorize the Mayor and the City Clerk to execute the agreement. (Report from the Public Works Department) 15. RESUBDIVISION NO. 862 - Portions of Lot D, Traci: No. 919, located at 2919 Cliff Drive, on the southerly side of Cliff Drive between Santa Ana and Riverside Avenues, in Newport Heights; request of Hal Woods to approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 862; and authorize the City Clerk to release the Faithful Performance Surety and the Labor and Materials Surety (Letter of Credit No. 200). (Report from the Public Works Department) 16. Removed from the Consent Calendar. (Refer to agenda item 0-4 for action) Volume 44 - Page 407 001171 J/P 3279 (88) Outlt/ Permit (65) U/P 991(A) (88) Resub 862 (84) COUNCIL MEMBERS CITY OF NEWPORT BEACH November 26, 1990 MINUTES Mfg IA2 Volume 44 . - Page 408 17. BUDGET AMENDMENTS - For approval: Finance/ Budget BA -024, $140,000 - Decrease in (40) Unappropriated Surplus and Increase in • Budget Appropriations for Newport Boulevard Main Relocation /Newport Boulevard Widening Project; Water Fund. (Refer to report w /agenda item F -3[a]) BA -025, $500,000 - Increase in Budget Appropriations and Revenue Estimates for Newport: Boulevard Widening Project; Contributions Fund. (Refer to report w /agenda item F -3[a]) BA -026, $200,000 - Increase in Budget Appropriations to provide for City's share of increased cost for construction and related construction administration for Newport Boulevard Widening Project; Circulation and Transportation Fund. (Refer to report w /agenda item F -3[a]) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Business License Supervisor Ofcl Police regarding Official Police TOW TRUCK Tow SERVICES FOR 2 -YEAR PERIOD. (70) 11 *es x Motion was made to schedule public hearing for January 14, 1991, for OFFICIAL POLICE TOW 2 -YEAR SERVICE PERIOD. 2. Report from the City Manager concerning Council COUNCIL POLICY L -14, OCEAN FRONT Policy L -1 ENCROACHMENTS. (69) Discussion ensued, wherein the City Manager responded to Council Member Hedges' inquiries regarding the contents of the proposed policy. Doug Boyd, 2101 E. Balboa Boulevard, President of the Balboa Peninsula Point Association, came forward to the lectern, commenting on Council Member Turner's recent "Letter to the Editor" in the! Daily Pilot, stating that the remarks were well written, especially with regard to the issue of "rights being negotiated away." He also asked if the Coastal Commission hearing could ® be held closer to Newport Beach. Volume 44 . - Page 408 Moon Motion x Ayes x Noes x x x x ,Ayes Noes Motion L All Ayes Motion All Ayes 0 x Ix CITY OF NEWPORT BEACH Ix x MINUTES November 26, 1990 The City Manager advised that the hearing for January 1991 is still scheduled for Marina Del Rey, but if it is not agendized then, it will be Eureka. Following discussion, motion was made to adopt COUNCIL POLICY L -14. Substitute motion was made to defer action on the subject Council Policy to December 10, 1990, which motion FAILED. The main motion was voted on, and carried. 3. Proposed resolution making certain modifications to BOARDS, COMMISSIONS AND COMMITTEES MANUAL. Motion was made to adopt Resolution No. 90- 123; with modification to add language to Paragraph 3, referring to CIRCULATION BUILD OUT AD HOC COMMITTEE, "to continue the committee to July 1, 1991, unless further action is taken by the City Council." Discussion ensued, wherein it was understood that the work on the second phase regarding the City's Circulation Build Out detailed agreement and EIR would begin in January 1991, but that at the study session of December 10, 1990, an updated time -line schedule will be presented. The motion was voted on and carried. 4. Following comments from Maureen Simandl, 100 S. Bay Front, Balboa Island, that she removed item F -16 from the Consent Calendar in error; motion was made to uphold staff's recommendation to approve HARBOR PERMIT APPLICATION NO. 259 -1, for #1 Collins Island, subject to conditions listed in the staff report. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 90 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.44.020 OF THE NEWPORT BEACH MUNICIPAL CODE, ADDING PARKING METER ZONE EIGHT. Volume 44 - Page 409 Boards /Cmsn/ Committees (24) Res 90 -123 Harbor Permit Apli 259 -1 #1 Collins Island (51) Ord 90 -42 Veh /Trfc (85) x x x x x x x x x MINUTES November 26, 1990 The City Manager advised that the hearing for January 1991 is still scheduled for Marina Del Rey, but if it is not agendized then, it will be Eureka. Following discussion, motion was made to adopt COUNCIL POLICY L -14. Substitute motion was made to defer action on the subject Council Policy to December 10, 1990, which motion FAILED. The main motion was voted on, and carried. 3. Proposed resolution making certain modifications to BOARDS, COMMISSIONS AND COMMITTEES MANUAL. Motion was made to adopt Resolution No. 90- 123; with modification to add language to Paragraph 3, referring to CIRCULATION BUILD OUT AD HOC COMMITTEE, "to continue the committee to July 1, 1991, unless further action is taken by the City Council." Discussion ensued, wherein it was understood that the work on the second phase regarding the City's Circulation Build Out detailed agreement and EIR would begin in January 1991, but that at the study session of December 10, 1990, an updated time -line schedule will be presented. The motion was voted on and carried. 4. Following comments from Maureen Simandl, 100 S. Bay Front, Balboa Island, that she removed item F -16 from the Consent Calendar in error; motion was made to uphold staff's recommendation to approve HARBOR PERMIT APPLICATION NO. 259 -1, for #1 Collins Island, subject to conditions listed in the staff report. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 90 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.44.020 OF THE NEWPORT BEACH MUNICIPAL CODE, ADDING PARKING METER ZONE EIGHT. Volume 44 - Page 409 Boards /Cmsn/ Committees (24) Res 90 -123 Harbor Permit Apli 259 -1 #1 Collins Island (51) Ord 90 -42 Veh /Trfc (85) CITY OF NEWPORT BEACH COUNCIL MEMO M �A\ November 26, 1990 M A es Motion x Ayes x Noes Motion Ayes Noes x 0 x x ( x x x MINUTES Recycled report dated November 13, 1990 from Public Works /Traffic Engineering. Motion was made to adopt Ordinance No. 90 -42. II. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works Department regarding appeal of DONALD ZELLNER from denial of an application to construct a gate in the pubic right -of -way of OCEAN BOULEVARD ADJACENT TO 3601 OCEAN BOULEVARD. Discussion ensued, wherein motion was made to defer action until December 10, 1990, which motion FAILED. Substitute motion was made to uphold staff's recommendation to deny the appeal of Donald Zellner, which motion carried. Meeting adjourned at 8:31 p.m., in memory of Council Member Hart's Mother, Velma P. Bailey, who passed away on November 17. . . • • � * w w • x . • w The agenda for this meeting was posted on November 21, 1990 at 3:30 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Mayor MAI Volume 44 - Page 410 Zellner/ Encroachm Permit (65) I I x x( x x x ( x x x MINUTES Recycled report dated November 13, 1990 from Public Works /Traffic Engineering. Motion was made to adopt Ordinance No. 90 -42. II. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works Department regarding appeal of DONALD ZELLNER from denial of an application to construct a gate in the pubic right -of -way of OCEAN BOULEVARD ADJACENT TO 3601 OCEAN BOULEVARD. Discussion ensued, wherein motion was made to defer action until December 10, 1990, which motion FAILED. Substitute motion was made to uphold staff's recommendation to deny the appeal of Donald Zellner, which motion carried. Meeting adjourned at 8:31 p.m., in memory of Council Member Hart's Mother, Velma P. Bailey, who passed away on November 17. . . • • � * w w • x . • w The agenda for this meeting was posted on November 21, 1990 at 3:30 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Mayor MAI Volume 44 - Page 410 Zellner/ Encroachm Permit (65)