HomeMy WebLinkAbout09/09/1991 - Regular MeetingPresent I xI
Al sent x
Motion
All Ayes
on
Ayes
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on
Ayes
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CITY OF NEWPORT BEACH
MINUTES
REGULAR COUNCIL MEETING
\\ PLACE; Council Chambers
TIME: 7:00 P.M.
DATE: September 9, 1991
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written, and ordered filed.
C.
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resolutions under consideration was
A. ROLL CALL.
B.
Reading of Minutes of Meeting of
August 26, 1991, 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 Sansone opened the public hearing
GPA 90 -2(E)
regarding GENERAL PLAN AMENDMENT NO. 90-
Ord 91 -35
2(E) - A request to consider an
(45/94)
amendment to the Land Use Element of the
General Plan so as to redesignate
properties on the northerly and easterly
side of Lido Park Drive on Lido
Peninsula from a mixture of Single -
Family Attached and Recreational and
Marine Commercial to Single - Family
Attached; and to revise the dwelling
unit allocation;
AND
Proposed ORDINANCE NO. 91 -35, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING DISTRICTING MAP NO. 8 SO
AS TO RECLASSIFY LOTS LOCATED ON
THE NORTHERLY AND EASTERLY SIDE OF
LIDO PARR DRIVE ON LIDO PENINSULA
(601, 611, 617, 621 AND 633 LIDO
PARR DRIVE) FROM THE C -2 DISTRICT
TO THE MFR DISTRICT; AND TO
RECLASSIFY LOTS LOCATED ON THE
NORTHERLY AND EASTERLY SIDE OF
LIDO PARR'. DRIVE (701, 703, 705,
707 AND 711 LIDO PARK DRIVE) FROM
THE P -C DISTRICT TO THE MFR
DISTRICT; AND TO ESTABLISH
DWELLING UNIT LIMITS FOR EAST LOT
CONSISTENT WITH THE GENERAL PLAN
AND EXISTING DEVELOPMENT
(PLANNING COMMISSION AMENDMENT NO. PCA 741
741).
Report from the Planning Department.
The City Manager summarized the staff
report noting that on August 8, 1991,
the Planning Commission recommended
approval of General Plan Amendment No.
90 -2(E) and Amendment No. 741 to the
City Council. He stated the proposed
revision to 149 existing dwelling units,
and 156 allocated dwelling units
reflects the intent of the Land Use
Element.
Hearing no one wishing to address the
Council, the public hearing was closed.
Following discussion and clarification
of the height limit in this area for any
future building, motion was made to:
Volume 45 - Page 273
CITY OF NEVORT BEACH
COUNCIL MEMBERS MINUTES
ROLL \\ \ \ \�� \\ September 9, 1991
TNnpy
(a) Adopt Resolution Ho. 91 -92,
Res 91 -92
amending the Land Use
Element of the General Plan
so as to redesignate
properties on the northerly
and easterly side of Lido
Park Drive on Lido
.
Peninsula from a mixture of
Single - Family Attached and
Recreational and Marine
Commercial to Single - Family
Attached; and to revise the
dwelling unit allocation;
AND
(b) Adopt ORDINANCE NO. 91 -35.
E. PUBLIC COMMENTS:
Judy Spindle, 200 Poppy Avenue,
Ocean B1/
addressed the Council and submitted a
Poppy Av
petition and three letters in opposition
to the number of children that are
allowed to be dropped off in the red
zones on Ocean Boulevard and Poppy
Avenue by school buses to view the tide
pool area. She submitted photographs
showing the buses with children filing
into the street. She stated that she is
not opposed to the children seeing the
tide pools., but she and her neighbors
are concerned about the children'
safety. She also indicated that
residents in the area are complaining of
engine roar and exhaust fumes from the
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buses, and of noise made by the
children. She further noted that up to
15 buses have brought children to the
area in one day, and many of the buses
block her driveway. In conclusion, she
urged that some type of weight,
restriction be placed on commercial
vehicles on.Ocean Boulevard.
It was pointed out that this issue had
been considered by the Traffic Affairs
Committee, but that the staff would
investigate and report back.
F. CONSENT CALENDAR:
Motion
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The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on September 23, 1991:
(a) Removed from the Consent Calendar
(refer to agenda item G. 1 for
City Council action).
(b) Proposed ORDINANCE NO. 91 -37,
Ord 91 -37
being,
Cnclmnc
AN ORDINANCE OF THE CITY
Boundaries
•
COUNCIL OF THE CITY OF
(24)
NEWPORT BEACH CHANGING AND
REDEFINING THE BOUNDARIES
OF THE COUNCILHANIC
DISTRICTS WITHIN THE CITY.
[Report from the Planning
Department]
wnl•ann AS - 97A
a r 3L -�
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CITY OF NEWPORT BEACH
�f
September 9, 1991
2. RESOLUTIONS FOR ADOPTION:
None.
3. CONTRACTS /'AGREEMENTS:
(a) Authorize the Mayor and City Clerk
to approve Agreement format for
the CORONA DEL MAR BEACH
CONCESSION; and authorize the City
Clerk to advertise for bid
proposals from prospective
operators to be opened at 10:00
a.m. on October 22, 1991. [Report
from the Parks, Beaches and
Recreation Director]
4. COMMUNICATIONS - For referral as
indicated:
(a) To Planning Department for
response, letters from Newport
Hills Community Association and
Carol Mulholland concerning the
PROPOSED MANNING COMPANY
DEVELOPMENT BETWEEN NEWPORT HILLS
DRIVE WEST AND MACARTHDR
BOULEVARD.
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) Simin DuBesa alleging damage to
vehicle as a result of being hit
by City truck in parking lot at
1835 Newport Boulevard on
August 14, 1991.
(b) David Van Westerhuyzen alleging
personal injuries, loss of
earnings, etc., as a result of
being rear -ended by City vehicle
while stopped at intersection at
Irvine Boulevard and Santiago on
April 1, 1991.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Luis G. Nuno, Orange County
Superior Court, Case No. 655632.
Claim was denied by City Council
on May 13, 1991.
8. REQUEST TO APPROVE/FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Librarian I, Library
Department.
(b) One Refuse Supervisor, Refuse
Division.
(c) One Equipment Operator I, General
Services Department.
Volume 45 - Page 275
MINUTES
PB &R /CdM
Beach
Concession
Prpsl
(62)
Planning
(68)
IDuBesa
Van Wester-
huyzen
Nuno
(66)
COUNCIL MEMBERS
MRS NNV&oNNR.111
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CITY OF NWOIRT BEACH
September 9, 1991
(d) One Police Records Specialist,
Police Department.
(e) One Community Services Officer,
Police Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the City Manager
concerning placement of signs for
the LIBRARY FOUNDATION'S REQUEST
FOR DONATIONS TOWARDS THE NEW
CENTRAL LIBRARY.
For Council information and filing:
(b) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON AUGUST 22,
1991.
10. PUBLIC HEARING SCHEDULING -
September 23, 1991:
(a) GENERAL PLAN AMENDMENT NO. 91 -3(A)
- A. request to consider an
amendment to the Land Use Element
of the Newport Beach General Plan
on three parcels of land, from
Retail and Service Commercial to
Two- Family Residential;
AND
LOCAL COASTAL PROGRAM LAND USE
PLAN AMENDMENT N0. 21 - A request
to consider an amendment to the
Local Coastal Program Land Use
Plan on three parcels of land,
from Retail Service Commercial to
Two- Family Residential. Property
located at 3008, 3010 and 3012
West Balboa Boulevard, on the
northeasterly side of West Balboa
Boulevard between 30th Street and
31st Street in the Cannery
Village/McFadden Square Specific
Plan Area;
0
RESUBDIVISION NO. 968 - A Request
to resubdivide an existing parcel
into a single parcel of land for
a Two- Family Residential
Condominium Development on
property located at 3008 West
Balboa Boulevard in the SP -6 (R -2)
District. [Report from the
Planning Department]
Volume 45 - Page 276
MINUTES
m*
Library
(50)
Planning
(68)
GPA 91 -3(A)/
LCP LUP
Amnd 21/
RESUB 968
(45)
r �
NW.
0
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C I TY OF NIA WORT BEACH
September 9, 1991
11. ROCKY POINT RETAINING WALL (C -2687) -
Affirm the Negative Declaration of
Environmental Impact and the Categorical
Exemptions of Environmental Impact;
approve the plans and specifications;
authorize the City Clerk to advertise
for bids to be opened at 11:00 A.M. on
October 3, 1991; authorize the Mayor and
City Clerk to execute an Easement
Agreement between the City and William
and Beverly Ray which provides for an
easement to construct the retaining wall
and anchor system; and authorize the
Mayor and City Clerk to execute a
Supplemental Agreement with Tom Van Sant
to provide, for compensation to complete
the retaining wall intaglios. [Report
from the Public Works Department]
12. WEST NEWPORT BEACH /SANTA ANA RIVER SAND
DEPOSITION PLAN - Authorize the Mayor and
City Clark to execute a Right -of -Entry
Permit for the U.S. Army Corps of
Engineers and their Contractor, Steve P.
Rados, Inc.., to place sand in the near
shore area of West Newport Beach.
[Report from the Public Works
Department]
13. RESDBDIVISION NO. 955 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 955,
located at 229 and 231 Via Lido Soud, on
the southwesterly side of Via Lido Soud,
across from Via Cordova on Lido Island;
and authorize the Mayor and the City
Clerk to execute the agreement. [Report
from the Public Works Department]
14. RESUBDIVISION NO. 933 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 933,
located at 809 East Bay Avenue, on the
southwesterly side of East Bay Avenue,
between Main Street and "A" Street, in
Central Balboa; and authorize the Mayor
and the City Clerk to execute the
agreement. [Report from the Public
Works Department]
15. Removed from the Consent Calendar (refer
to agenda item G. 3 for City Council
action).
16. ACCEPTANCE OF THE WORK FOR THE
CONSTRUCTION OF THE WATER, SEWER MAIN
AND ALLEY REPLACEMENT PROGRAM (C -2759) -
Accept the work; authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after the
Notice of Completion has been recorded
in accordance with applicable portions
of the Civil Code. [Report from the
Public Works Department]
17. NEWPORT HARBOR AREA CHAMBER OF COMMERCE
Uphold staff's recommendation to
approve request to install SEAFEST
BANNERS on light poles and commercial
locations throughout the City. [Report
from Revenue Manager]
Volume 45 - Page 277
MINUTES
INDEX
Rocky Pt
Rtng Wall
C -2687
(38)
(74)
/StaAna
Sand
n Pln
955
933
Swr
Alley
(27)
59
t/
ROLL CELL "
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Motion
All Ayes
too n
All Ayes
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CITY OF NEWPORT BEACH
\ \\ September 9,'1991
18. BUDGET AMENDMENTS - For approval:
BA -012, $4,247.50 - Increase in Budget
Appropriations to provide for payment to
the State of California, State and
Consumer Services Agency for the cost of
Industrial Disability Retirement
hearings before Administrative Law
Judges in the Department of General
Services for the State of California;
General Fund.
BA -013, Removed from the Consent
Calendar (refer to agenda item G. 2 for
City Council action)
BA -014, $30,000 - Increase in Budget
Appropriations to provide for purchase
and installation of an 801 flagpole at
the Peninsula Park near the Balboa Pier;
the Bicentennial Committee will raise
$15,000 to partially reimburse the
$30,000 appropriation; General Fund.
BA -015, $285,325 - Increase in Budget
Appropriations to provide for the Grant
Howald and Eastbluff Parks restroom
replacement (additional funds -- contract
was awarded at the Council meeting of
June 24, 1991); reappropriation of prior
year funds which were inadvertently not
encumbered; Parks, Beaches and
Recreation Fund:
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from thel Building Director
regarding proposed ORDINANCE, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 15.50 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO FLOOD DAMAGE
PREVENTION.
Motion was made to refer the subject
ordinance back to:staff for additional
study, as recommended by the City
Manager.
2. BA -013, $25,000 - Increase in Budget
Appropriations to provide for Appraisal
Services for the Castaways property and
the Newporter North property; General
Fund.
In response to question raised by
Council Member Hedges regarding the
purpose of the subject budget amendment,
the City Manager advised that this is
only an appropriation, and not an
authorization to expend the funds. He
stated that once the Circulation Build -
out Ad Hoe_ Committee has met and
formalized their recommendation, this
matter will. be brought back to the
Council for final approval prior to
spending any of the $25,000 allocation.
In view of the foregoing comments,
motion was made to approve Budget
Amendment No. 013.
Volume: 45 - Page 278
MINUTES
(40)
26)
to
13
0n
All Ayes
' Motion
All Ayes
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CI
COUNCIL MEMBERS
x
x
CITY OF NEWPORT BEACH
MINUTES
September 9, 1991
3.
Report from the Public Works Department Permit/
recommending denial of APPEAL OF DOREEN Burchett
AND JAY BUR.CHETT FROM DENIAL OF A PERMIT
(65)
AT 410 ACACIA AVENUE TO RETAIN AN
EXITING DRIVE APRON ON ACACIA AVENUE
WITH THE REDEVELOPMENT OF THE SUBJECT
PROPERTY.
Motion was made to defer action at this
time, and continue this item to
September :23, 1991, as recommended by
Mayor Sansone.
H.
ORDINANCES FOR ADOPTION:
None
I.
CONTINUED BUSINESS:
1.
AD HOC HISTORICAL PRESERVATION
Rist Prsr-
COMMITTEE.
vtn Ad Hoc
mte
Motion was made to appoint Jean Boyd as
representative for Balboa, to fill
vacancy left by resignation of James C.
Person.
J.
CURRENT BUSINESS:
None.
Meeting adjourned at 7:32 p.m.
The agenda for this meeting was posted
on September 5, 1991 at 9:30 a.m., on
the City Nall Bulletin Board located
outside of the City of Newport Beach
Administration Building.
ATTEST:
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, MI
Volume 45 - Page 279