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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